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