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