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