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 finds any three
  1 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