Senate
Study
Bill
3025
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
KREIMAN)
A
BILL
FOR
An
Act
relating
to
the
attendance
of
a
child
at
juvenile
court
1
hearings
or
meetings
during
the
pendency
of
a
child
in
need
2
of
assistance
case.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
Section
232.91,
subsection
3,
Code
2009,
is
1
amended
to
read
as
follows:
2
3.
Any
person
who
is
entitled
under
section
232.88
to
3
receive
notice
of
a
hearing
concerning
a
child
shall
be
given
4
the
opportunity
to
be
heard
in
any
other
review
or
hearing
5
involving
the
child.
A
foster
parent,
relative,
or
other
6
individual
with
whom
a
child
has
been
placed
for
preadoptive
7
care
shall
have
the
right
to
be
heard
in
any
proceeding
8
involving
the
child.
If
a
child
is
of
an
age
appropriate
to
9
attend
the
hearing
but
the
child
does
not
attend,
the
court
10
shall
determine
if
the
child
was
informed
of
the
child’s
right
11
to
attend
the
hearing.
12
Sec.
2.
Section
232.91,
Code
2009,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
4.
If
a
child
is
of
an
age
appropriate
15
to
attend
a
hearing
but
the
child
does
not
attend,
the
court
16
shall
determine
if
the
child
was
informed
of
the
child’s
right
17
to
attend
the
hearing.
A
presumption
exists
that
it
is
in
the
18
best
interests
of
a
child
fourteen
years
of
age
or
older
to
19
attend
all
hearings
and
all
staff
or
family
meetings
involving
20
placement
options
or
services
provided
to
the
child.
The
21
department
shall
allow
the
child
to
attend
all
such
hearings
22
and
meetings
unless
the
department
finds
the
child’s
attendance
23
is
not
in
the
best
interests
of
the
child.
If
the
child
is
24
excluded
from
attending
a
hearing
or
meeting,
the
department
25
shall
maintain
a
written
record
detailing
the
reasons
for
26
excluding
the
child.
Notwithstanding
sections
232.147
through
27
232.151,
a
copy
of
the
written
record
shall
be
made
available
28
to
the
child
upon
the
request
of
the
child
after
reaching
the
29
age
of
majority.
30
EXPLANATION
31
This
bill
relates
to
the
attendance
of
a
child
at
juvenile
32
court
hearings
or
meetings
during
the
pendency
of
a
child
in
33
need
of
assistance
case.
34
The
bill
creates
a
presumption
that
it
is
in
the
best
35
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interests
of
a
child
14
years
of
age
or
older
to
attend
all
1
hearings
and
all
staff
or
family
meetings
related
to
placement
2
options
or
services
during
the
pendency
of
a
child
in
need
of
3
assistance
case
involving
the
child.
4
The
bill
requires
the
department
of
human
services
to
allow
5
the
child
to
attend
all
such
hearings
and
meetings
unless
the
6
department
finds
the
child’s
attendance
is
not
in
the
best
7
interests
of
the
child.
The
bill
also
requires
the
department
8
of
human
services
to
maintain
a
written
record
detailing
the
9
reasons
for
excluding
the
child
from
a
hearing
or
meeting
and,
10
notwithstanding
confidentiality
provisions
in
Code
sections
11
232.147
through
232.151,
a
copy
of
the
written
record
shall
be
12
made
available
to
the
child
upon
the
request
of
the
child
after
13
reaching
the
age
of
majority.
14
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