Senate Study Bill 3013 



                                       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 for six months
  1 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 additional six months year
  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