Senate File 215
SENATE FILE
BY HATCH
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act authorizing court=ordered exceptions to regional group
2 foster care targets under certain circumstances and providing
3 an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2272SS 80
6 jp/pj/5
PAG LIN
1 1 Section 1. Section 232.52, subsection 2A, Code 2003, is
1 2 amended to read as follows:
1 3 2A. a. Notwithstanding subsection 2, except for orders
1 4 entered in accordance with paragraph "b", the court shall not
1 5 order group foster care placement of the child which is a
1 6 charge upon the state if that placement is not in accordance
1 7 with the regional plan for group foster care established
1 8 pursuant to section 232.143 for the departmental region in
1 9 which the court is located.
1 10 b. The court shall be notified whenever a waiting list is
1 11 implemented for group foster care placements in the area of
1 12 the court's jurisdiction. If a waiting list has been
1 13 implemented, the court shall identify the extent of any harm
1 14 that the child may be at risk of experiencing as a result of
1 15 delay in the child's placement due to implementation of the
1 16 waiting list. If the court determines that the child is at
1 17 risk of experiencing significant harm due to the delay in
1 18 placement, the court may order the child's immediate
1 19 placement.
1 20 Sec. 2. Section 232.102, subsection 1A, Code 2003, is
1 21 amended to read as follows:
1 22 1A. a. The Except for orders entered in accordance with
1 23 paragraph "b", the court shall not order group foster care
1 24 placement of the child which is a charge upon the state if
1 25 that placement is not in accordance with the regional plan for
1 26 group foster care established pursuant to section 232.143 for
1 27 the departmental region in which the court is located.
1 28 b. The court shall be notified whenever a waiting list is
1 29 implemented for group foster care placements in the area of
1 30 the court's jurisdiction. If a waiting list has been
1 31 implemented, the court shall identify the extent of any harm
1 32 that the child may be at risk of experiencing as a result of
1 33 delay in the child's placement due to implementation of the
1 34 waiting list. If the court determines that the child is at
1 35 risk of experiencing significant harm due to the delay in
2 1 placement, the court may order the child's immediate
2 2 placement.
2 3 Sec. 3. Section 232.117, subsection 4, Code 2003, is
2 4 amended to read as follows:
2 5 4. a. The Except for orders entered in accordance with
2 6 paragraph "b", the court shall not order group foster care
2 7 placement of the child which is a charge upon the state if
2 8 that placement is not in accordance with the regional plan for
2 9 group foster care established pursuant to section 232.143 for
2 10 the departmental region in which the court is located.
2 11 b. The court shall be notified whenever a waiting list is
2 12 implemented for group foster care placements in the area of
2 13 the court's jurisdiction. If a waiting list has been
2 14 implemented, the court shall identify the extent of any harm
2 15 that the child may be at risk of experiencing as a result of
2 16 delay in the child's placement due to implementation of the
2 17 waiting list. If the court determines that the child is at
2 18 risk of experiencing significant harm due to the delay in
2 19 placement, the court may order the child's immediate
2 20 placement.
2 21 Sec. 4. Section 232.127, subsection 8, Code 2003, is
2 22 amended to read as follows:
2 23 8. a. The Except for orders entered in accordance with
2 24 paragraph "b", the court shall not order group foster care
2 25 placement of the child which is a charge upon the state if
2 26 that placement is not in accordance with the regional plan for
2 27 group foster care established pursuant to section 232.143 for
2 28 the departmental region in which the court is located.
2 29 b. The court shall be notified whenever a waiting list is
2 30 implemented for group foster care placements in the area of
2 31 the court's jurisdiction. If a waiting list has been
2 32 implemented, the court shall identify the extent of any harm
2 33 that the child may be at risk of experiencing as a result of
2 34 delay in the child's placement due to implementation of the
2 35 waiting list. If the court determines that the child is at
3 1 risk of experiencing significant harm due to the delay in
3 2 placement, the court may order the child's immediate
3 3 placement.
3 4 Sec. 5. Section 232.143, subsection 3, Code 2003, is
3 5 amended to read as follows:
3 6 3. State payment for group foster care placements shall be
3 7 limited to those placements which are in accordance with the
3 8 regional plans developed pursuant to subsection 2 or are made
3 9 by a court for immediate placement of a child determined to be
3 10 at risk of experiencing significant harm when a waiting list
3 11 has been implemented.
3 12 Sec. 6. Section 234.35, subsection 1, paragraph e, Code
3 13 2003, is amended to read as follows:
3 14 e. When a court has entered an order transferring the
3 15 legal custody of the child to a foster care placement pursuant
3 16 to section 232.52, subsection 2, paragraph "d", or section
3 17 232.102, subsection 1. However, payment for a group foster
3 18 care placement shall be limited to those placements which
3 19 conform to a regional group foster care plan established
3 20 pursuant to section 232.143 or are made by a court for
3 21 immediate placement of a child determined to be at risk of
3 22 experiencing significant harm when a waiting list has been
3 23 implemented.
3 24 Sec. 7. EFFECTIVE DATE. This Act, being deemed of
3 25 immediate importance, takes effect upon enactment.
3 26 EXPLANATION
3 27 This bill authorizes court=ordered exceptions to the
3 28 regional group foster care targets under certain
3 29 circumstances.
3 30 Current law prohibits placement of a child in group foster
3 31 care unless the placement conforms to the regional group
3 32 foster plan in place for the area. This requirement applies
3 33 to court=ordered placements made under the following Code
3 34 sections: 232.52, relating to juvenile delinquency; 232.102,
3 35 relating to a child in need of assistance; 232.117, relating
4 1 to termination of parental rights; and 232.127, relating to
4 2 families in need of assistance. In addition, the requirement
4 3 applies in Code sections 232.143, relating to regional group
4 4 foster care targets and 234.35, relating to when the state
4 5 pays for foster care placements.
4 6 Those Code sections are amended to require the court to be
4 7 notified when a waiting list for group foster care placements
4 8 is implemented. If a waiting list is implemented, the court
4 9 must make a determination of the harm that a child may be at
4 10 risk of experiencing from a placement delay due to imposition
4 11 of the waiting list. If the court determines the child is at
4 12 risk of experiencing significant harm due to the placement
4 13 delay, the court may order the child's immediate placement in
4 14 group foster care.
4 15 Code sections 232.143 and 234.35 are amended to provide
4 16 that the state shall pay for the immediate placements made in
4 17 accordance with the requirements outlined in the bill.
4 18 The bill takes effect upon enactment.
4 19 LSB 2272SS 80
4 20 jp/pj/5