Senate File 2088
SENATE FILE
BY WARNSTADT
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing a preference for out=of=home placement of
2 children with relatives.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5207SS 80
5 jp/pj/5
PAG LIN
1 1 Section 1. Section 232.52, subsection 2, paragraph d,
1 2 subparagraph (1), Code Supplement 2003, is amended to read as
1 3 follows:
1 4 (1) An adult relative or other suitable adult and placing
1 5 the child on probation. A person providing placement options
1 6 or recommendations to the court shall give first preference to
1 7 placement of the child with an adult relative before
1 8 considering other out=of=home placement options. If placement
1 9 of the child with an adult relative is not recommended as the
1 10 preferred option, based upon the child's best interest, the
1 11 person making the placement recommendation shall provide
1 12 reasons why placement with a relative is not recommended and
1 13 why another option is preferred.
1 14 Sec. 2. Section 232.58, subsection 3, paragraph d, Code
1 15 2003, is amended by adding the following new unnumbered
1 16 paragraph:
1 17 NEW UNNUMBERED PARAGRAPH. A person providing placement
1 18 options or recommendations to the court shall give first
1 19 preference to placement of the child with an adult relative
1 20 before considering other out=of=home placement options. If
1 21 placement of the child with an adult relative is not
1 22 recommended as the preferred option, based upon the child's
1 23 best interest, the person making the placement recommendation
1 24 shall provide reasons why placement with a relative is not
1 25 recommended and why another option is preferred.
1 26 Sec. 3. Section 232.79A, Code 2003, is amended to read as
1 27 follows:
1 28 232.79A CHILDREN WITHOUT ADULT SUPERVISION.
1 29 If a peace officer determines that a child does not have
1 30 adult supervision because the child's parent, guardian, or
1 31 other person responsible for the care of the child has been
1 32 arrested and detained or has been unexpectedly incapacitated,
1 33 and that no an adult who is legally responsible for the care
1 34 of the child can cannot be located within a reasonable period
1 35 of time, the peace officer shall first attempt to place the
2 1 child with an adult relative of the child, and then with an
2 2 adult person who cares for the child, or another adult person
2 3 who is known to the child. The person with whom the child is
2 4 placed is authorized to give consent for emergency medical
2 5 treatment of the child and shall not be held liable for any
2 6 action arising from giving the consent. Upon the request of
2 7 the peace officer, the department shall assist in making the
2 8 placement. The placement shall not exceed a period of twenty=
2 9 four hours and shall be terminated when a person who is
2 10 legally responsible for the care of the child is located and
2 11 takes custody of the child. If a person who is legally
2 12 responsible for the care of the child cannot be located within
2 13 the twenty=four hour period or a placement in accordance with
2 14 this section is unavailable, the provisions of section 232.79
2 15 shall apply. If the person with whom the child is placed
2 16 charges a fee for the care of the child, the fee shall be paid
2 17 from funds provided in the appropriation to the department for
2 18 protective child care.
2 19 Sec. 4. Section 232.102, subsection 1, paragraph a, Code
2 20 Supplement 2003, is amended to read as follows:
2 21 a. A parent who does not have physical care of the child,
2 22 other relative, or other suitable person. A person providing
2 23 placement options or recommendations to the court shall give
2 24 first preference to placement of the child with an adult
2 25 relative before considering other out=of=home placement
2 26 options. If placement of the child with an adult relative is
2 27 not recommended as the preferred option, based upon the
2 28 child's best interest, the person making the placement
2 29 recommendation shall provide reasons why placement with a
2 30 relative is not recommended and why another option is
2 31 preferred.
2 32 Sec. 5. Section 232.104, subsection 2, paragraph d, Code
2 33 2003, is amended by adding the following new unnumbered
2 34 paragraph:
2 35 NEW UNNUMBERED PARAGRAPH. A person providing placement
3 1 options or recommendations to the court shall give first
3 2 preference to placement of the child with an adult relative
3 3 before considering other out=of=home placement options. If
3 4 placement of the child with an adult relative is not
3 5 recommended as the preferred option, based upon the child's
3 6 best interest, the person making the placement recommendation
3 7 shall provide reasons why placement with a relative is not
3 8 recommended and why another option is preferred.
3 9 Sec. 6. Section 232.117, subsection 3, paragraph c, Code
3 10 Supplement 2003, is amended to read as follows:
3 11 c. A parent who does not have physical care of the child,
3 12 other relative, or other suitable person. A person providing
3 13 placement options or recommendations to the court shall give
3 14 first preference to placement of the child with an adult
3 15 relative before considering other placement options. If
3 16 placement of the child with an adult relative is not
3 17 recommended as the preferred option, based upon the child's
3 18 best interest, the person making the placement recommendation
3 19 shall provide reasons why placement with a relative is not
3 20 recommended and why another option is preferred.
3 21 EXPLANATION
3 22 This bill provides a preference for out=of=home placement
3 23 of children with relatives. The bill requires a person
3 24 providing placement options or recommendations to the court to
3 25 give first preference to placing the child with an adult
3 26 relative before considering other options.
3 27 If, based upon the child's best interest, placement of the
3 28 child with an adult relative is not recommended as the
3 29 preferred option, the person making the recommendation must
3 30 provide reasons why placement with a relative is not
3 31 recommended and why another option is preferred. The bill
3 32 inserts this requirement in these placement sections in Code
3 33 chapter 232, the juvenile justice code: Code section 232.52,
3 34 relating to disposition of a child found to have committed a
3 35 delinquent act; Code section 232.58, relating to permanency
4 1 hearings for adjudicated delinquent children in an out=of=home
4 2 placement; Code section 232.102, relating to transfer of legal
4 3 custody and placement of a child found to be in need of
4 4 assistance; Code section 232.104, relating to permanency
4 5 hearings for children adjudicated as a child in need of
4 6 assistance and placed in an out=of=home placement; and Code
4 7 section 232.117, relating to termination of parental rights.
4 8 In addition, the bill amends Code section 232.79A, relating
4 9 to placement of a child found without adult supervision, to
4 10 require a peace officer to first attempt placement of the
4 11 child with an adult relative, and then with an adult person
4 12 who cares for the child or another adult person who is known
4 13 to the child.
4 14 LSB 5207SS 80
4 15 jp/pj/5