House
File
2325
-
Introduced
HOUSE
FILE
2325
BY
WESSEL-KROESCHELL
A
BILL
FOR
An
Act
relating
to
child
placement
by
requiring
the
1
consideration
of
the
stability
of
the
home
in
a
2
determination
concerning
the
removal
of
the
child.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2325
Section
1.
Section
232.95,
subsection
2,
paragraph
a,
1
subparagraph
(1),
Code
2011,
is
amended
to
read
as
follows:
2
(1)
If
removal
is
ordered,
the
court
must,
in
addition,
3
make
a
determination
that
continuation
of
the
child
in
the
4
child’s
home
would
be
contrary
to
the
welfare
of
the
child,
and
5
that
reasonable
efforts,
as
defined
in
section
232.102
,
have
6
been
made
to
prevent
or
eliminate
the
need
for
removal
of
the
7
child
from
the
child’s
home.
In
determining
the
welfare
of
8
the
child,
the
court
shall
first
consider
the
stability
of
the
9
child’s
home.
10
Sec.
2.
Section
232.96,
subsection
10,
paragraph
a,
Code
11
2011,
is
amended
to
read
as
follows:
12
a.
A
determination
that
continuation
of
the
child
in
the
13
child’s
home
would
be
contrary
to
the
welfare
of
the
child,
and
14
that
reasonable
efforts,
as
defined
in
section
232.102
,
have
15
been
made
to
prevent
or
eliminate
the
need
for
removal
of
the
16
child
from
the
child’s
home.
In
determining
the
welfare
of
17
the
child,
the
court
shall
first
consider
the
stability
of
the
18
child’s
home.
The
court’s
determination
regarding
continuation
19
of
the
child
in
the
child’s
home,
and
regarding
reasonable
20
efforts,
including
those
made
to
prevent
removal
and
those
21
made
to
finalize
any
permanency
plan
in
effect,
as
well
as
any
22
determination
by
the
court
that
reasonable
efforts
are
not
23
required,
must
be
made
on
a
case-by-case
basis.
The
grounds
24
for
each
determination
must
be
explicitly
documented
and
stated
25
in
the
court
order.
However,
preserving
the
safety
of
the
26
child
is
the
paramount
consideration.
If
imminent
danger
to
27
the
child’s
life
or
health
exists
at
the
time
of
the
court’s
28
consideration,
the
determinations
otherwise
required
under
29
this
paragraph
shall
not
be
a
prerequisite
for
an
order
for
30
temporary
removal
of
the
child.
31
Sec.
3.
Section
232.102,
subsection
5,
paragraph
b,
Code
32
2011,
is
amended
to
read
as
follows:
33
b.
In
order
to
transfer
custody
of
the
child
under
34
this
subsection
,
the
court
must
make
a
determination
that
35
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2325
continuation
of
the
child
in
the
child’s
home
would
be
contrary
1
to
the
welfare
of
the
child,
and
shall
identify
the
reasonable
2
efforts
that
have
been
made.
In
determining
the
welfare
of
3
the
child,
the
court
shall
first
consider
the
stability
of
the
4
child’s
home.
The
court’s
determination
regarding
continuation
5
of
the
child
in
the
child’s
home,
and
regarding
reasonable
6
efforts,
including
those
made
to
prevent
removal
and
those
7
made
to
finalize
any
permanency
plan
in
effect,
as
well
as
any
8
determination
by
the
court
that
reasonable
efforts
are
not
9
required,
must
be
made
on
a
case-by-case
basis.
The
grounds
10
for
each
determination
must
be
explicitly
documented
and
stated
11
in
the
court
order.
However,
preserving
the
safety
of
the
12
child
is
the
paramount
consideration.
If
imminent
danger
to
13
the
child’s
life
or
health
exists
at
the
time
of
the
court’s
14
consideration,
the
determinations
otherwise
required
under
this
15
paragraph
shall
not
be
a
prerequisite
for
an
order
for
removal
16
of
the
child.
If
the
court
transfers
custody
of
the
child,
17
unless
the
court
waives
the
requirement
for
making
reasonable
18
efforts
or
otherwise
makes
a
determination
that
reasonable
19
efforts
are
not
required,
reasonable
efforts
shall
be
made
to
20
make
it
possible
for
the
child
to
safely
return
to
the
family’s
21
home.
22
EXPLANATION
23
This
bill
requires
the
court
to
first
consider
the
stability
24
of
the
home
when
considering
placement
of
the
child
in
child
25
in
need
of
assistance
proceedings.
The
bill
requires
the
26
court
to
first
consider
the
stability
of
the
home
when
making
a
27
determination
about
whether
the
continuation
of
the
child
in
28
the
child’s
home
would
be
contrary
to
the
welfare
of
the
child
29
during
a
temporary
removal
proceeding,
during
an
adjudicatory
30
proceeding
when
the
court
enters
an
order
adjudicating
the
31
child
to
be
a
child
in
need
of
assistance
and
the
court
is
32
considering
authorizing
a
temporary
removal
of
the
child
33
from
the
child’s
home,
and
when
the
court
is
considering
34
transferring
legal
custody
of
the
child.
35
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