House File 595 - Introduced
HOUSE FILE
BY DRAKE
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring certain safety=related information concerning a
2 child to be provided to a parent, guardian, or foster parent
3 or other custodian of a child.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2949YH 81
6 jp/gg/14
PAG LIN
1 1 Section 1. Section 232.48, subsection 4, Code 2005, is
1 2 amended to read as follows:
1 3 4. A predisposition report shall not be disclosed except
1 4 as provided in this section and in division VIII of this
1 5 chapter. The court shall permit the child's attorney to
1 6 inspect the predisposition report prior to consideration by
1 7 the court. The court may order counsel not to disclose parts
1 8 of the report to the child, or to the child's parent,
1 9 guardian, guardian ad litem, or custodian if the court finds
1 10 that disclosure would seriously harm the treatment or
1 11 rehabilitation of the child. If the report indicates the
1 12 child has behaved in a manner that threatened the safety of
1 13 another person, unless otherwise ordered by the court, the
1 14 child's parent, guardian, or foster parent or other person
1 15 with custody of the child shall be informed of the behavior.
1 16 Sec. 2. Section 232.49, subsection 1, Code 2005, is
1 17 amended to read as follows:
1 18 1. Following the entry of an order of adjudication under
1 19 section 232.47 the court may, after a hearing which may be
1 20 simultaneous with the adjudicatory hearing, order a physical
1 21 or mental examination of the child if it finds that an
1 22 examination is necessary to determine the child's physical or
1 23 mental condition. The court may consider chemical dependency
1 24 as either a physical or mental condition and may consider a
1 25 chemical dependency evaluation as either a physical or mental
1 26 examination. If the examination indicates the child has
1 27 behaved in a manner that threatened the safety of another
1 28 person, unless otherwise ordered by the court, the child's
1 29 parent, guardian, or foster parent or other person with
1 30 custody of the child shall be informed of the behavior.
1 31 Sec. 3. Section 232.97, subsection 3, Code 2005, is
1 32 amended to read as follows:
1 33 3. The social report shall not be disclosed except as
1 34 provided in this section and except as otherwise provided in
1 35 this chapter. Prior to the hearing at which the disposition
2 1 is determined, the court shall permit counsel for the child,
2 2 counsel for the child's parent, guardian, or custodian, and
2 3 the guardian ad litem to inspect any social report to be
2 4 considered by the court. The court may in its discretion
2 5 order counsel not to disclose parts of the report to the
2 6 child, or to the parent, guardian, or custodian if disclosure
2 7 would seriously harm the treatment or rehabilitation of the
2 8 child or would violate a promise of confidentiality given to a
2 9 source of information. If the report indicates the child has
2 10 behaved in a manner that threatened the safety of another
2 11 person, unless otherwise ordered by the court, the child's
2 12 parent, guardian, or foster parent or other person with
2 13 custody of the child shall be informed of the behavior.
2 14 Sec. 4. Section 232.181, Code 2005, is amended to read as
2 15 follows:
2 16 232.181 SOCIAL HISTORY REPORT.
2 17 Upon the filing of a petition, the department shall submit
2 18 a social history report regarding the child and the child's
2 19 family. The report shall include a description of the child's
2 20 disability and resultant functional limitations, the case
2 21 permanency plan, a description of the proposed foster care
2 22 placement, and a description of family participation in
2 23 developing the child's case permanency plan and the commitment
2 24 of the parent, guardian, or custodian in fulfilling the
2 25 responsibilities defined in the plan. If the report indicates
2 26 the child has behaved in a manner that threatened the safety
2 27 of another person, unless otherwise ordered by the court, the
2 28 child's parent, guardian, or foster parent or other person
2 29 with custody of the child shall be informed of the behavior.
2 30 EXPLANATION
2 31 This bill amends Code chapter 232, the juvenile justice
2 32 code, to provide that if a report or examination concerning a
2 33 child indicates the child behaved in a manner that threatened
2 34 the safety of another person, a parent, guardian, or foster
2 35 parent or other custodian of the child is to be informed
3 1 unless ordered otherwise by the court.
3 2 The authorization is provided in Code section 232.48,
3 3 relating to the predisposition report prepared concerning a
3 4 child found to have committed a delinquent act; Code section
3 5 232.49, relating to the physical or mental examination of a
3 6 child found to have committed a delinquent act; Code section
3 7 232.92, relating to the social report prepared concerning a
3 8 child adjudicated as a child in need of assistance; and Code
3 9 section 232.181, relating to voluntary placement by the court
3 10 of a child with a disability.
3 11 LSB 2949YH 81
3 12 jp:nh/gg/14