Senate File 2139
SENATE FILE
BY KREIMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to custody orders involving out=of=home placement
2 of children with a relative.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5683XS 80
5 jp/sh/8
PAG LIN
1 1 Section 1. Section 232.52, subsection 2, paragraph d, Code
1 2 Supplement 2003, is amended by adding the following new
1 3 unnumbered paragraph:
1 4 NEW UNNUMBERED PARAGRAPH. If the child=placing agency,
1 5 private agency, facility, or department places the child in
1 6 family foster care with a person who is not a relative of the
1 7 child, the placement shall require approval of the court that
1 8 issued the order. Within ten business days of making the
1 9 placement with a nonrelative, the agency, facility, or
1 10 department shall submit a written report to the court
1 11 describing the actions taken to place the child with a
1 12 relative and explaining why placement of the child with a
1 13 relative was not feasible or was not in the child's best
1 14 interest. A relative of the child who desires placement of
1 15 the child with the relative may request that the agency,
1 16 facility, or department reconsider the placement decision or
1 17 may appeal to the court for review of the decision to place
1 18 the child with a nonrelative. If determined to be in the
1 19 child's best interest, the court may confirm the placement,
1 20 modify the custody order, vacate and substitute the custody
1 21 order, or order the agency, facility, or department to
1 22 reconsider the placement decision and place the child with the
1 23 relative or another appropriate person.
1 24 Sec. 2. Section 232.102, subsection 1, Code Supplement
1 25 2003, is amended by adding the following new unnumbered
1 26 paragraph:
1 27 NEW UNNUMBERED PARAGRAPH. If the child=placing agency,
1 28 private agency, facility, institution, or department places
1 29 the child in family foster care with a person who is not a
1 30 relative of the child, the placement shall require approval of
1 31 the court that issued the order. Within ten business days of
1 32 making the placement with a nonrelative, the agency, facility,
1 33 institution, or department shall submit a written report to
1 34 the court describing the actions taken to place the child with
1 35 a relative and explaining why placement of the child with a
2 1 relative was not feasible or was not in the child's best
2 2 interest. A relative of the child who desires placement of
2 3 the child with the relative may request that the agency,
2 4 facility, institution, or department reconsider the placement
2 5 decision or may appeal to the court for review of the decision
2 6 to place the child with a nonrelative. If determined to be in
2 7 the child's best interest, the court may confirm the
2 8 placement, modify the custody order, vacate and substitute the
2 9 custody order, or order the agency, facility, institution, or
2 10 department to reconsider the placement decision and place the
2 11 child with the relative or another appropriate person.
2 12 Sec. 3. Section 232.117, subsection 3, Code Supplement
2 13 2003, is amended by adding the following new unnumbered
2 14 paragraph:
2 15 NEW UNNUMBERED PARAGRAPH. If the child=placing agency,
2 16 private agency, facility, institution, or department places
2 17 the child in family foster care with a person who is not a
2 18 relative of the child, the placement shall require approval of
2 19 the court that issued the order. Within ten business days of
2 20 making the placement with a nonrelative, the agency, facility,
2 21 institution, or department shall submit a written report to
2 22 the court describing the actions taken to place the child with
2 23 a relative and explaining why placement of the child with a
2 24 relative was not feasible or was not in the child's best
2 25 interest. A relative of the child who desires placement of
2 26 the child with the relative may request that the agency,
2 27 facility, institution, or department reconsider the placement
2 28 decision or may appeal to the court for review of the decision
2 29 to place the child with a nonrelative. If determined to be in
2 30 the child's best interest, the court may confirm the
2 31 placement, modify the custody order, vacate and substitute the
2 32 custody order, or order the agency, facility, institution, or
2 33 department to reconsider the placement decision and place the
2 34 child with the relative or another appropriate person.
2 35 EXPLANATION
3 1 This bill relates to out=of=home placement of children with
3 2 a relative under Code chapter 232, the juvenile justice code.
3 3 Under the juvenile justice code, an out=of=home placement
3 4 of a child is subject to an order by the juvenile court. The
3 5 bill addresses the out=of=home=placement provisions in these
3 6 Code sections: Code section 232.52, relating to disposition
3 7 of a child found to have committed a delinquent act; Code
3 8 section 232.102, relating to transfer of custody and placement
3 9 of a child found to be in need of assistance; and Code section
3 10 232.117, relating to disposition of a child upon termination
3 11 of parental rights.
3 12 The bill addresses a court order transferring custody of
3 13 the child for placement by a child=placing agency, private
3 14 agency, facility, institution, or department of human
3 15 services. If the child is not placed with a relative, the
3 16 placement must be approved by the court that issued the order.
3 17 The agency, facility, institution, or department must submit a
3 18 report to the court within 10 business days describing the
3 19 actions taken to place the child with a relative and
3 20 explaining why placement of the child with a relative was not
3 21 feasible or was not in the child's best interest.
3 22 The bill authorizes a relative of the child who desires
3 23 placement of the child with the relative to request that the
3 24 agency, facility, institution, or department reconsider the
3 25 placement decision or to appeal to the court for review of the
3 26 decision to place the child with a nonrelative. If determined
3 27 to be in the child's best interest, the court may confirm the
3 28 placement, modify the custody order, vacate and substitute the
3 29 custody order, or order the agency, facility, institution, or
3 30 department to reconsider the placement decision and place the
3 31 child with the relative or another appropriate person.
3 32 LSB 5683XS 80
3 33 jp/sh/8