Senate File 2135
SENATE FILE
BY KREIMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act repealing restrictions on court orders for placement of
2 children in group foster care.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5686XS 80
5 jp/sh/8
PAG LIN
1 1 Section 1. Section 232.52, subsection 2A, Code Supplement
1 2 2003, is amended by striking the subsection.
1 3 Sec. 2. Section 232.102, subsection 1A, Code Supplement
1 4 2003, is amended by striking the subsection.
1 5 Sec. 3. Section 232.117, subsection 4, Code Supplement
1 6 2003, is amended by striking the subsection.
1 7 Sec. 4. Section 232.127, subsection 8, Code Supplement
1 8 2003, is amended by striking the subsection.
1 9 Sec. 5. Section 232.188, subsection 4, Code Supplement
1 10 2003, is amended to read as follows:
1 11 4. In a decategorization agreement, the department and the
1 12 county's or group of counties' decategorization governance
1 13 board shall agree on all of the following items: the
1 14 governance relationship between the department and the
1 15 decategorization governance board; the respective areas of
1 16 autonomy of the department and the board; the budgeting
1 17 structure for the decategorization; and a method for resolving
1 18 disputes between the department and the board. The
1 19 decategorization agreement shall require the department and
1 20 the decategorization governance board to agree upon a budget
1 21 within sixty days of the date by which the regional group
1 22 foster care budget targets are determined under section
1 23 232.143 for on or before August 31 of the fiscal year to which
1 24 the budget applies. The budget may later be modified to
1 25 reflect new or changed circumstances.
1 26 Sec. 6. Section 234.35, subsection 1, paragraph e, Code
1 27 Supplement 2003, is amended to read as follows:
1 28 e. When a court has entered an order transferring the
1 29 legal custody of the child to a foster care placement pursuant
1 30 to section 232.52, subsection 2, paragraph "d", or section
1 31 232.102, subsection 1. However, payment for a group foster
1 32 care placement shall be limited to those placements which
1 33 conform to a regional group foster care plan established
1 34 pursuant to section 232.143.
1 35 Sec. 7. Section 232.143, Code Supplement 2003, is
2 1 repealed.
2 2 EXPLANATION
2 3 This bill repeals restrictions in the juvenile justice code
2 4 in Code chapter 232 on court orders for placement of children
2 5 in group foster care.
2 6 Under current law, the general assembly annually
2 7 establishes, in an appropriation made to the department of
2 8 human services, a statewide expenditure target for children in
2 9 group foster care placements. Representatives of the
2 10 department and juvenile court services then allocate the
2 11 statewide target among the department's service areas based
2 12 upon a formula. Local representatives of the department and
2 13 juvenile court services develop a plan for the service area to
2 14 remain within the expenditure target. State payment for group
2 15 foster care services is limited to those placements that
2 16 comply with the plan and the juvenile court is prohibited from
2 17 ordering a group foster care placement that does not comply
2 18 with the plan.
2 19 The bill repeals the expenditure target requirements in
2 20 Code section 232.143, strikes the Code subsections limiting
2 21 the juvenile court authority to issue dispositional orders for
2 22 group foster care placements, and makes conforming changes in
2 23 related provisions.
2 24 LSB 5686XS 80
2 25 jp/sh/8