House File 2108 - Introduced HOUSE FILE BY HEATON Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to placement of a juvenile in the state training 2 school or other facility. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5735YH 81 5 jm/gg/14 PAG LIN 1 1 Section 1. Section 232.52, subsection 2, paragraph e, Code 1 2 Supplement 2005, is amended to read as follows: 1 3 e. An order transferring the guardianship of the child, 1 4 subject to the continuing jurisdiction and custody of the 1 5 court for the purposes of section 232.54, to the director of 1 6 the department of human services for purposes of placement in 1 7 the state training school or other facility, provided that the 1 8 child is at least twelve years of age and the court finds the 1 9 placement to be in the best interests of the child or 1 10 necessary for the protection of the public, and that the child 1 11 has been found to have committed an act which is a forcible 1 12 felony, as defined in section 702.11, or a felony violation of 1 13 section 124.401 or chapter 707, or the court findsany three1 14 all of the following conditions exist: 1 15 (1) The child is at least fifteen years of age and the 1 16 court finds the placement to be in the best interests of the 1 17 child or necessary to the protection of the public. 1 18 (2) The child has committed an act which is a crime 1 19 against a person and which would be an aggravated misdemeanor 1 20 or a felony if the act were committed by an adult. 1 21(3) The child has previously been found to have committed 1 22 a delinquent act.1 23(4) The child has previously been placed in a treatment 1 24 facility outside the child's home or in a supervised community 1 25 treatment program established pursuant to section 232.191, 1 26 subsection 4, as a result of a prior delinquency adjudication.1 27 EXPLANATION 1 28 This bill relates to placement of a juvenile in the state 1 29 training school or other facility. 1 30 The bill strikes the requirement that a juvenile 15 years 1 31 of age or older have committed a previous delinquent act or 1 32 had been placed in a treatment facility outside the juvenile's 1 33 home prior to being eligible for placement in the state 1 34 training school. Under the bill, a juvenile 15 years of age 1 35 or older becomes eligible for placement at the state training 2 1 school or any other facility, if the court finds placement to 2 2 be in the best interests of the juvenile or necessary to the 2 3 protection of the public, and the juvenile has committed a 2 4 crime against a person that would be an aggravated misdemeanor 2 5 or felony if the crime were committed by an adult. 2 6 LSB 5735YH 81 2 7 jm:nh/gg/14