Senate File 2164 - Introduced
SENATE FILE
BY KREIMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to child welfare services by requiring services
2 to be provided to families of children removed from the home
3 by court order and repealing restrictions on court orders for
4 placement of children in group foster care.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 5966XS 81
7 jp/gg/14
PAG LIN
1 1 Section 1. Section 232.52, subsection 2A, Code Supplement
1 2 2005, is amended by striking the subsection.
1 3 Sec. 2. Section 232.52, subsection 6, unnumbered paragraph
1 4 1, Code Supplement 2005, is amended to read as follows:
1 5 When the court orders the transfer of legal custody of a
1 6 child pursuant to subsection 2, paragraph "d", "e", or "f",
1 7 the order shall state that reasonable efforts as defined in
1 8 section 232.57 have been made. If deemed appropriate by the
1 9 court, the order may include a determination that continuation
1 10 of the child in the child's home is contrary to the child's
1 11 welfare. The inclusion of such a determination shall not
1 12 under any circumstances be deemed a prerequisite for entering
1 13 an order pursuant to this section. However, the inclusion of
1 14 such a determination, supported by the record, may be used to
1 15 assist the department in obtaining federal funding for the
1 16 child's placement. If such a determination is included in the
1 17 order, unless the court makes a determination that further
1 18 reasonable efforts are not required, reasonable efforts shall
1 19 be made to prevent permanent removal of a child from the
1 20 child's home and to encourage reunification of the child with
1 21 the child's parents and family. The reasonable efforts may
1 22 include but are not limited to family=centered services and
1 23 intensive family preservation services as defined in section
1 24 232.102.
1 25 Sec. 3. Section 232.102, subsection 1A, Code 2005, is
1 26 amended by striking the subsection.
1 27 Sec. 4. Section 232.102, subsection 5, paragraph b, Code
1 28 2005, is amended to read as follows:
1 29 b. In order to transfer custody of the child under this
1 30 subsection, the court must make a determination that
1 31 continuation of the child in the child's home would be
1 32 contrary to the welfare of the child, and shall identify the
1 33 reasonable efforts that have been made. The court's
1 34 determination regarding continuation of the child in the
1 35 child's home, and regarding reasonable efforts, including
2 1 those made to prevent removal and those made to finalize any
2 2 permanency plan in effect, as well as any determination by the
2 3 court that reasonable efforts are not required, must be made
2 4 on a case=by=case basis. The grounds for each determination
2 5 must be explicitly documented and stated in the court order.
2 6 However, preserving the safety of the child is the paramount
2 7 consideration. If imminent danger to the child's life or
2 8 health exists at the time of the court's consideration, the
2 9 determinations otherwise required under this paragraph shall
2 10 not be a prerequisite for an order for removal of the child.
2 11 If the court transfers custody of the child, unless the court
2 12 waives the requirement for making reasonable efforts or
2 13 otherwise makes a determination that reasonable efforts are
2 14 not required, reasonable efforts shall be made to make it
2 15 possible for the child to safely return to the family's home.
2 16 Sec. 5. Section 232.117, subsection 4, Code 2005, is
2 17 amended by striking the subsection.
2 18 Sec. 6. Section 232.127, subsection 8, Code 2005, is
2 19 amended by striking the subsection.
2 20 Sec. 7. Section 234.35, subsection 1, paragraph e, Code
2 21 2005, is amended to read as follows:
2 22 e. When a court has entered an order transferring the
2 23 legal custody of the child to a foster care placement pursuant
2 24 to section 232.52, subsection 2, paragraph "d", or section
2 25 232.102, subsection 1. However, payment for a group foster
2 26 care placement shall be limited to those placements which
2 27 conform to a service area group foster care plan established
2 28 pursuant to section 232.143.
2 29 Sec. 8. Section 232.143, Code 2005, is repealed.
2 30 EXPLANATION
2 31 This bill relates to child welfare services by requiring
2 32 services to be provided to families of children removed from
2 33 the home by court order and repealing restrictions in the
2 34 juvenile justice code in Code chapter 232 on court orders for
2 35 placement of children in group foster care.
3 1 The bill amends dispositional provisions in Code section
3 2 232.52, relating to delinquency dispositions, and Code section
3 3 232.102, relating to child in need of assistance dispositions.
3 4 The affected dispositional provisions involve court orders for
3 5 out=of=home placement of a child in which the court has made a
3 6 determination that continuing the child in the home would be
3 7 contrary to the child's welfare.
3 8 The bill amends Code section 232.52 to provide that unless
3 9 the court has made a determination that further reasonable
3 10 efforts are not required, reasonable efforts must be made to
3 11 prevent permanent removal of a child from the child's home and
3 12 to encourage reunification of the child with the child's
3 13 parents and family. The bill provides that the reasonable
3 14 efforts may include family=centered services and intensive
3 15 family preservation services. These family reunification
3 16 services are part of the definition of "reasonable efforts"
3 17 under Code section 232.102, relating to dispositions of child
3 18 in need of assistance determinations.
3 19 Code section 232.102 is similarly amended.
3 20 Under current law, the general assembly annually
3 21 establishes, in an appropriation made to the department of
3 22 human services, a statewide expenditure target for children in
3 23 group foster care placements. Representatives of the
3 24 department and juvenile court services then allocate the
3 25 statewide target among the department's service areas based
3 26 upon a formula. Local representatives of the department and
3 27 juvenile court services develop a plan for the service area to
3 28 remain within the expenditure target. State payment for group
3 29 foster care services is limited to those placements that
3 30 comply with the plan, and the juvenile court is prohibited
3 31 from ordering a group foster care placement that does not
3 32 comply with the plan.
3 33 The bill repeals the expenditure target requirements in
3 34 Code section 232.143, strikes the Code subsections limiting
3 35 the juvenile court authority to issue dispositional orders for
4 1 group foster care placements, and makes conforming changes in
4 2 related provisions.
4 3 LSB 5966XS 81
4 4 jp:nh/gg/14