House File 637 - Introduced
HOUSE FILE
BY GASKILL
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring certain information to be provided to the
2 parent, guardian, or custodian of a child who is removed
3 without a court order or is removed by an emergency court
4 order and providing an applicability date.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 2870HH 81
7 jp/sh/8
PAG LIN
1 1 Section 1. Section 232.19, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 5. At the time of taking a child into
1 4 custody, the person taking the child into custody shall
1 5 provide the child's parent, guardian, or custodian with the
1 6 standard written information regarding child removal developed
1 7 pursuant to section 232.192.
1 8 Sec. 2. Section 232.78, Code 2005, is amended by adding
1 9 the following new subsection:
1 10 NEW SUBSECTION. 8. At the time of taking a child into
1 11 custody, the person taking the child into custody shall
1 12 provide the child's parent, guardian, or custodian with the
1 13 standard written information regarding child removal developed
1 14 pursuant to section 232.192.
1 15 Sec. 3. Section 232.79, Code 2005, is amended by adding
1 16 the following new subsection:
1 17 NEW SUBSECTION. 6. At the time of taking a child into
1 18 custody, the person taking the child into custody shall
1 19 provide the child's parent, guardian, or custodian with the
1 20 standard written information regarding child removal developed
1 21 pursuant to section 232.192.
1 22 Sec. 4. NEW SECTION. 232.192 CHILD REMOVAL == STANDARD
1 23 WRITTEN INFORMATION.
1 24 1. The director of human services and the chief justice of
1 25 the supreme court or their designees shall jointly establish a
1 26 task force to develop standard written information to be
1 27 provided to the parent, guardian, or custodian of a child who
1 28 is removed in accordance with section 232.19, 232.78, or
1 29 232.79. The task force membership shall include persons
1 30 involved with the child welfare and juvenile justice systems,
1 31 including but not limited to departmental field staff,
1 32 juvenile court officers, representatives of the Iowa state bar
1 33 association, county attorneys, and peace officers.
1 34 2. The standard written information developed by the task
1 35 force shall explain the legal requirements and typical process
2 1 connected with the removal of a child, including the legal
2 2 rights and responsibilities of the child and the child's
2 3 parent, guardian, or custodian relative to the removal and to
2 4 proceedings that may take place following the removal. The
2 5 written information shall be brief and utilize plain language
2 6 that can be easily understood by a layperson. The written
2 7 information shall be made widely available without charge in a
2 8 form that can be easily reproduced by anyone required to
2 9 provide information to a child's parent, guardian, or
2 10 custodian regarding the child's removal.
2 11 3. The director of human services and the chief justice of
2 12 the supreme court or their designees shall periodically
2 13 convene a successor task force to review and revise the
2 14 standard written information to reflect current law and
2 15 practice.
2 16 Sec. 5. APPLICABILITY.
2 17 1. The director of human services and the chief justice of
2 18 the supreme court or their designees shall act expeditiously
2 19 to establish the task force required by section 232.192, as
2 20 enacted by this Act. The standard written information
2 21 developed by the task force shall be publicly issued on or
2 22 before December 15, 2005.
2 23 2. The amendments to sections 232.19, 232.78, and 232.79,
2 24 by this Act, first apply to persons taking children into
2 25 custody under those sections on or after January 1, 2006.
2 26 EXPLANATION
2 27 This bill requires standard information regarding child
2 28 removal to be provided to the parent, guardian, or custodian
2 29 of a child who is removed without a court order or removed by
2 30 an emergency court order, under Code chapter 232, the juvenile
2 31 justice code.
2 32 These removals are authorized for a peace officer, juvenile
2 33 court officer, or juvenile parole officer under Code section
2 34 232.19, relating to taking a child into custody under a court
2 35 order, for a child committing a delinquent act subject to
3 1 arrest, for a child believed to have run away from home, and
3 2 for a child believed to have materially violated a court
3 3 order; for a peace officer or a juvenile court officer acting
3 4 under direction of an ex parte order entered under Code
3 5 section 232.78 when there is a risk of danger to the child or
3 6 of flight; and for a peace officer, juvenile court officer,
3 7 physician treating a child, and others who may take temporary
3 8 custody of a child under Code section 232.79, when a child is
3 9 in a circumstance or condition that presents an imminent
3 10 danger to the child's life or health and there is not enough
3 11 time to apply for an ex parte order under Code section 232.78.
3 12 The bill requires the person removing the child to provide
3 13 the child's parent, guardian, or custodian with the standard
3 14 written information developed pursuant to the bill regarding
3 15 child removal. The information must be provided at the time
3 16 of the child's removal. The requirement is first applicable
3 17 to removals of children made on or after January 1, 2006.
3 18 New Code section 232.190 requires the director of human
3 19 services and the chief justice of the supreme court or their
3 20 designees to jointly establish a task force to develop the
3 21 standard written information. Various persons working in the
3 22 child welfare and juvenile justice systems are required to be
3 23 part of the task force. The task force is to be reestablished
3 24 periodically to revise the standard information. The initial
3 25 information is to be made publicly available on or before
3 26 December 15, 2005.
3 27 LSB 2870HH 81
3 28 jp:nh/sh/8