Senate Study Bill 1139
SENATE/HOUSE FILE
BY (PROPOSED DEPARTMENT OF
HUMAN SERVICES BILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act revising requirements applicable to county and multicounty
2 decategorization of child welfare and juvenile justice funding
3 projects.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 232.188, Code 2005, is amended by
1 2 striking the section and inserting in lieu thereof the
1 3 following:
1 4 232.188 DECATEGORIZATION OF CHILD WELFARE AND JUVENILE
1 5 JUSTICE FUNDING INITIATIVE.
1 6 1. DEFINITIONS. For the purposes of this section, unless
1 7 the context otherwise requires:
1 8 a. "Decategorization governance board" or "governance
1 9 board" means the group that enters into and implements a
1 10 decategorization project agreement.
1 11 b. "Decategorization project" means the county or counties
1 12 that have entered into a decategorization agreement to
1 13 implement the decategorization initiative in the county or
1 14 multicounty area covered by the agreement.
1 15 c. "Decategorization services funding pool" or "funding
1 16 pool" means the funding designated for a decategorization
1 17 project from all sources.
1 18 2. PURPOSE. The decategorization of the child welfare and
1 19 juvenile justice funding initiative is intended to establish a
1 20 system of delivering human services based upon client needs to
1 21 replace a system based upon a multitude of categorical
1 22 programs and funding sources, each with different service
1 23 definitions and eligibility requirements. The purposes of the
1 24 decategorization initiative include but are not limited to
1 25 redirecting child welfare and juvenile justice funding to
1 26 services which are more preventive, family=centered, and
1 27 community=based in order to reduce use of restrictive
1 28 approaches which rely upon institutional, out=of=home, and
1 29 out=of=community services.
1 30 3. IMPLEMENTATION.
1 31 a. Implementation of the initiative shall be through
1 32 creation of decategorization projects. A project shall
1 33 consist of either a single county or a group of counties
1 34 interested in jointly implementing the initiative.
1 35 Representatives of the department, juvenile court services,
2 1 and county government shall develop a project agreement to
2 2 implement the initiative within a project.
2 3 b. The initiative shall include community planning
2 4 activities in the area covered by a project. As part of the
2 5 community planning activities, the department shall partner
2 6 with other community stakeholders to develop service
2 7 alternatives that provide less restrictive levels of care for
2 8 children and families receiving services from the child
2 9 welfare and juvenile justice systems within the project area.
2 10 c. The decategorization initiative shall not be
2 11 implemented in a manner that limits the legal rights of
2 12 children and families to receive services.
2 13 4. GOVERNANCE BOARD.
2 14 a. In partnership with an interested county or group of
2 15 counties which has demonstrated the commitment and involvement
2 16 of the affected county department, or departments of human
2 17 services, the juvenile justice system within the project area,
2 18 and board, or boards, of supervisors in order to form a
2 19 decategorization project, the department shall develop a
2 20 process for combining specific state and state=federal funding
2 21 categories into a decategorization services funding pool for
2 22 that project. A decategorization project shall be implemented
2 23 by a decategorization governance board. The decategorization
2 24 governance board shall develop specific, quantifiable short=
2 25 term and long=term plans for enhancing the family=centered and
2 26 community=based services and reducing reliance upon out=of=
2 27 community care in the project area.
2 28 b. The department shall work with the decategorization
2 29 governance boards to best coordinate planning activities and
2 30 most effectively target funding resources. A departmental
2 31 service area manager shall work with the decategorization
2 32 governance boards in that service area to support board
2 33 planning and service development activities and to promote the
2 34 most effective alignment of resources.
2 35 c. A decategorization governance board shall coordinate
3 1 the project's planning and budgeting activities with the
3 2 departmental service area manager for the county or counties
3 3 comprising the project area and the community empowerment area
3 4 board or boards for the community empowerment area or areas
3 5 within which the decategorization project is located.
3 6 5. FUNDING POOL.
3 7 a. The governance board for a decategorization project
3 8 shall manage the project's decategorization services funding
3 9 pool to provide more flexible, individualized, family=
3 10 centered, preventive, community=based, comprehensive, and
3 11 coordinated service systems for children and families served
3 12 in that project area. A funding pool shall also be used for
3 13 child welfare and juvenile justice systems enhancements.
3 14 b. Notwithstanding section 8.33, moneys designated for a
3 15 project's decategorization services funding pool that remain
3 16 unencumbered or unobligated at the close of the fiscal year
3 17 shall not revert but shall remain available for expenditure
3 18 for child welfare and juvenile justice systems enhancements
3 19 and other purposes of the project until the close of the
3 20 succeeding fiscal year and shall be known as "carryover
3 21 funding". Moneys may be made available to a funding pool from
3 22 one or more of the following sources:
3 23 (1) Funds designated for the initiative in a state
3 24 appropriation.
3 25 (2) Child welfare and juvenile justice services funds
3 26 designated for the initiative by a departmental service area
3 27 manager.
3 28 (3) Juvenile justice program funds designated for the
3 29 initiative by a chief juvenile court officer.
3 30 (4) Carryover funding.
3 31 (5) Any other source designating moneys for the funding
3 32 pool.
3 33 c. The services and activities funded from a project's
3 34 funding pool may vary depending upon the strategies selected
3 35 by the project's governance board and shall be detailed in an
4 1 annual child welfare and juvenile justice decategorization
4 2 services plan developed by the governance board. A
4 3 decategorization governance board shall involve community
4 4 representatives and county organizations in the development of
4 5 the plan for that project's funding pool. In addition, the
4 6 governance board shall coordinate efforts through
4 7 communication with the appropriate departmental service area
4 8 manager regarding budget planning and decategorization service
4 9 decisions.
4 10 d. A decategorization governance board is responsible for
4 11 ensuring that decategorization services expenditures from that
4 12 project's funding pool do not exceed the amount of funding
4 13 available. If necessary, the governance board shall reduce
4 14 expenditures or discontinue specific services as necessary to
4 15 manage within the funding pool resources available for a
4 16 fiscal year.
4 17 e. The annual child welfare and juvenile justice
4 18 decategorization services plan developed for use of the
4 19 funding pool by a decategorization governance board shall be
4 20 submitted to the department administrator of child welfare
4 21 services and the Iowa empowerment board. In addition, the
4 22 decategorization governance board shall submit an annual
4 23 progress report to the department administrator and the Iowa
4 24 empowerment board which summarizes the progress made toward
4 25 attaining the objectives contained in the plan. The progress
4 26 report shall serve as an opportunity for information sharing
4 27 and feedback.
4 28 6. DEPARTMENTAL ROLE. A departmental service area's share
4 29 of the child welfare appropriation that is not allocated by
4 30 law for the decategorization initiative shall be managed by
4 31 and is under the authority of the service area manager. A
4 32 service area manager is responsible for meeting the child
4 33 welfare service needs in the counties comprising the service
4 34 area with the available funding resources.
4 35 Sec. 2. Section 232.190, subsection 3, Code 2005, is
5 1 amended to read as follows:
5 2 3. Applications for moneys from the community grant fund
5 3 shall demonstrate a collaborative effort by all relevant local
5 4 government and school officials and service agencies with
5 5 authority, responsibilities, or other interests within the
5 6 decategorization project area. Proposed plans set forth in
5 7 the applications shall reflect community=wide consensus in how
5 8 to remediate community problems related to juvenile crime.
5 9 Services provided under a grant through this program shall be
5 10 comprehensive, preventive, community=based, and shall utilize
5 11 flexible delivery systems and promote youth development. A
5 12 plan for grant moneys under this section shall be a part of or
5 13 be consistent with the annual child welfare and juvenile
5 14 justice decategorization services plan developed by the
5 15 governance board of the decategorization project area and
5 16 submitted to the department of human services and Iowa
5 17 empowerment board pursuant to section 232.188.
5 18 Sec. 3. Section 235.7, subsection 2, Code 2005, is amended
5 19 to read as follows:
5 20 2. MEMBERSHIP. The department may authorize the
5 21 governance boards of decategorization of child welfare and
5 22 juvenile justice funding decategorization projects established
5 23 under section 232.188 to appoint the transition committee
5 24 membership and may utilize the boundaries of decategorization
5 25 projects to establish the service areas for transition
5 26 committees. The committee membership may include but is not
5 27 limited to department of human services staff involved with
5 28 foster care, child welfare, and adult services, juvenile court
5 29 services staff, staff involved with county general relief
5 30 under chapter 251 or 252, or of the central point of
5 31 coordination process implemented under section 331.440, school
5 32 district and area education agency staff involved with special
5 33 education, and a child's court appointed special advocate,
5 34 guardian ad litem, service providers, and other persons
5 35 knowledgeable about the child.
6 1 Sec. 4. Section 237A.1, subsection 3, paragraph k,
6 2 subparagraph (2), Code 2005, is amended to read as follows:
6 3 (2) A contract approved by a local decategorization
6 4 governance board of a decategorization of child welfare and
6 5 juvenile justice funding project created under section
6 6 232.188.
6 7 EXPLANATION
6 8 This bill revises requirements applicable to county and
6 9 multicounty decategorization of child welfare and juvenile
6 10 justice funding projects in Code section 232.188 by striking
6 11 and replacing the section. The funding sources subject to
6 12 decategorization are primarily from appropriations made to the
6 13 department of human services.
6 14 The bill reorganizes the Code section into topic headings
6 15 listing definitions, implementation requirements, governance
6 16 board provisions, funding pool provisions, and the
6 17 departmental role.
6 18 The term "child welfare funding pool" used in current law
6 19 to describe the funding available to a project is changed to a
6 20 defined term, "decategorization services funding pool" or
6 21 "funding pool". In addition, new definitions are provided for
6 22 governance boards and decategorization projects.
6 23 The bill provides a list of general potential funding
6 24 sources that may be designated for the funding pool, including
6 25 "carryover funding" that does not revert to the fund from
6 26 which appropriated at the close of a fiscal year. In
6 27 addition, authority is provided for juvenile justice system
6 28 services funding to be designated for a funding pool. The
6 29 current law's list of specific services for which funding can
6 30 be used as part of decategorization is replaced with a general
6 31 statement of purpose.
6 32 Language in current law requiring the relationship between
6 33 the department and the governance board, areas of authority,
6 34 budgeting structure, and a dispute resolution methodology to
6 35 be outlined in a decategorization agreement is stricken. The
7 1 department and the board are annually required by current law
7 2 to agree on a budget by a particular date. Instead, the bill
7 3 requires communication and coordination between a project
7 4 governance board and the departmental service area manager.
7 5 The bill provides that the departmental service area
7 6 manager is responsible for meeting the child welfare service
7 7 needs for that area within available funding resources. A
7 8 project's governance board is responsible for ensuring that
7 9 expenditures do not exceed the amount available for a fiscal
7 10 year from the project funding pool.
7 11 The bill amends various Code sections to conform references
7 12 to the decategorization projects and service plans.
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