SSB 3025 (LSB 5446XC (3) 83)

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 hearings or meetings during the pendency of a child in need of assistance case.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.91, subsection 3, Code 2009, is amended to read as follows:
   3.  Any person who is entitled under section 232.88 to receive notice of a hearing concerning a child shall be given the opportunity to be heard in any other review or hearing involving the child. A foster parent, relative, or other individual with whom a child has been placed for preadoptive care shall have the right to be heard in any proceeding involving the child. If a child is of an age appropriate to attend the hearing but the child does not attend, the court shall determine if the child was informed of the child’s right to attend the hearing.
    Sec. 2.  Section 232.91, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  If a child is of an age appropriate to attend a hearing but the child does not attend, the court shall determine if the child was informed of the child’s right to attend the hearing. A presumption exists that it is in the best interests of a child fourteen years of age or older to attend all hearings and all staff or family meetings involving placement options or services provided to the child. The department shall allow the child to attend all such hearings and meetings unless the department finds the child’s attendance is not in the best interests of the child. If the child is excluded from attending a hearing or meeting, the department shall maintain a written record detailing the reasons for excluding the child. Notwithstanding sections 232.147 through 232.151, a copy of the written record shall be made available to the child upon the request of the child after reaching the age of majority.
EXPLANATION
   This bill relates to the attendance of a child at juvenile court hearings or meetings during the pendency of a child in need of assistance case.
   The bill creates a presumption that it is in the best interests of a child 14 years of age or older to attend all hearings and all staff or family meetings related to placement options or services during the pendency of a child in need of assistance case involving the child.
   The bill requires the department of human services to allow the child to attend all such hearings and meetings unless the department finds the child’s attendance is not in the best interests of the child. The bill also requires the department of human services to maintain a written record detailing the reasons for excluding the child from a hearing or meeting and, notwithstanding confidentiality provisions in Code sections 232.147 through 232.151, a copy of the written record shall be made available to the child upon the request of the child after reaching the age of majority.