House Study Bill 538 SENATE/HOUSE FILE BY (PROPOSED JUDICIAL BRANCH BILL) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to case permanency plans, consent decrees, and 2 attendance at proceedings in juvenile court. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5504DP 82 5 jm/rj/8 PAG LIN 1 1 Section 1. Section 232.2, subsection 4, paragraph e, Code 1 2 Supplement 2007, is amended to read as follows: 1 3 e. The most recent information available regarding the 1 4 child's health and education records, including the date the 1 5 records were supplied to the agency or individual who is the 1 6 child's foster care provider. If the child remains in foster 1 7 care until the age of majority, the child is entitled to 1 8 receive prior to discharge the most recent information 1 9 available regarding the child's health and educational 1 10 records. 1 11 Sec. 2. Section 232.46, subsection 4, Code 2007, is 1 12 amended to read as follows: 1 13 4. A consent decree shall remain in force forsix months1 14 up to one year unless the child is sooner discharged by the 1 15 court or by the juvenile court officer or other agency or 1 16 person supervising the child. Upon application of a juvenile 1 17 court officer or other agency or person supervising the child 1 18 made prior to the expiration of the decree and after notice 1 19 and hearing, or upon agreement by the parties, a consent 1 20 decree may be extended for up to an additionalsix monthsyear 1 21 by order of the court. 1 22 Sec. 3. Section 232.91, subsection 3, Code Supplement 1 23 2007, is amended to read as follows: 1 24 3. Any person who is entitled under section 232.88 to 1 25 receive notice of a hearing concerning a child shall be given 1 26 the opportunity to be heard in any other review or hearing 1 27 involving the child. A foster parent, relative, or other 1 28 individual with whom a child has been placed for preadoptive 1 29 care shall have the right to be heard in any proceeding 1 30 involving the child. If a child is of an age appropriate to 1 31 attend the hearing but the child does not attend, the court 1 32 shall determine if the child was informed of the child's right 1 33 to attend the hearing. 1 34 EXPLANATION 1 35 This bill relates to case permanency plans, consent 2 1 decrees, and notification in juvenile court. 2 2 The bill provides that a child who remains in foster care 2 3 until the age of majority may receive the most recent 2 4 information regarding the child's health and educational 2 5 records prior to discharge from juvenile court. 2 6 The bill provides that a consent decree entered into in 2 7 juvenile court in a juvenile delinquency proceeding shall 2 8 remain in force for up to one year unless the juvenile is 2 9 discharged by the court. The bill also provides that a 2 10 consent decree may be extended for up to an additional year. 2 11 Current law provides that a consent decree shall only remain 2 12 in force for six months and may be extended for an additional 2 13 six months. 2 14 A consent decree is an agreement entered into by a juvenile 2 15 in delinquency proceeding whereby the juvenile voluntarily 2 16 agrees to terms and conditions established by the court. If 2 17 the juvenile abides by the terms and conditions of the consent 2 18 decree the state cannot proceed against the juvenile for any 2 19 delinquent act alleged in the delinquency petition. 2 20 Under the bill, in any child in need of assistance 2 21 proceedings where the child does not attend and the child's 2 22 age is appropriate to attend such proceedings, the court shall 2 23 determine if the child was informed of the child's right to 2 24 attend. 2 25 LSB 5504DP 82 2 26 jm/rj/8