Senate
File
2101
-
Introduced
SENATE
FILE
2101
BY
JOCHUM
A
BILL
FOR
An
Act
relating
to
children
in
out-of-home
placements
in
1
accordance
with
a
court
order.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2101
Section
1.
Section
232.108,
Code
Supplement
2011,
is
1
amended
by
adding
the
following
new
subsection:
2
NEW
SUBSECTION
.
8.
The
department
shall
report
annually
3
by
December
15
to
the
governor
and
general
assembly
regarding
4
the
status
of
the
efforts
made
by
the
department
and
others
5
involved
with
the
child
welfare
system
in
the
previous
6
fiscal
year
to
comply
with
the
requirements
of
this
section
7
regarding
sibling
placements
and
visitation,
or
other
ongoing
8
interaction.
9
Sec.
2.
Section
232.117,
subsection
6,
Code
2011,
is
amended
10
to
read
as
follows:
11
6.
a.
If
the
court
orders
the
termination
of
parental
12
rights
and
transfers
guardianship
and
custody
under
subsection
13
3
,
the
court
shall
specify
the
nature
and
category
of
14
disposition
which
will
serve
the
best
interests
of
the
child,
15
and
shall
prescribe
the
means
by
which
the
placement
shall
16
be
monitored
by
the
court,
which
may
be
in
addition
to
the
17
reporting
requirements
under
paragraph
“b”
.
If
the
court
orders
18
the
transfer
of
custody
to
the
department
of
human
services
19
or
other
agency,
facility,
or
institution
for
placement,
the
20
department
or
other
agency
shall
make
every
reasonable
effort
21
to
place
the
child
in
the
least
restrictive,
most
family-like,
22
and
most
appropriate
setting
available,
and
shall
consider
23
the
placement’s
proximity
to
the
school
in
which
the
child
24
is
enrolled
at
the
time
of
placement.
If
the
termination
25
order
applies
to
a
sibling
of
the
child
or
the
child
has
a
26
sibling,
the
department
or
other
agency
shall
comply
with
the
27
requirements
of
section
232.108,
regarding
sibling
placement
28
and
visitation
or
ongoing
interaction
while
a
permanent
29
placement
is
being
established.
30
b.
The
guardian
shall
submit
a
case
permanency
plan
to
31
the
court
and
shall
make
every
effort
to
establish
a
stable
32
placement
for
the
child
by
adoption
or
other
permanent
33
placement.
Within
forty-five
days
of
receipt
of
the
34
termination
order,
and
every
forty-five
days
thereafter
until
35
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2101
the
court
determines
such
reports
are
no
longer
necessary,
the
1
guardian
shall
report
to
the
court
regarding
efforts
made
to
2
place
the
child
for
adoption
or
providing
the
rationale
as
to
3
why
adoption
would
not
be
in
the
child’s
best
interest.
4
Sec.
3.
Section
235.3,
Code
2011,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
10.
Create
and
make
available
to
department
7
staff,
child-placing
agencies,
and
others
engaged
with
placing
8
children
in
out-of-home
settings
an
internet-based
capacity,
or
9
other
regularly
updated
approach,
for
tracking
foster
care
and
10
other
placement
openings
for
such
children.
11
EXPLANATION
12
This
bill
relates
to
children
in
out-of-home
placements
in
13
accordance
with
a
court
order.
14
Code
section
232.108,
relating
to
court-ordered
out-of-home
15
placements
of
a
child
and
requiring
efforts
to
place
siblings
16
together
or
provide
for
visitation
or
other
ongoing
interaction
17
with
siblings
during
an
out-of-home
placement,
is
amended.
The
18
amendment
requires
the
department
of
human
services
to
report
19
annually
by
December
15
to
the
governor
and
general
assembly
20
regarding
the
status
of
the
efforts
made
by
the
department
21
and
others
involved
with
the
child
welfare
system
in
the
22
previous
fiscal
year
to
comply
with
the
requirements
of
the
23
Code
section.
24
Code
section
232.117,
relating
to
the
disposition
of
a
25
child
when
termination
of
parental
rights
has
been
ordered,
26
is
amended.
The
amendment
includes
requirements
similar
to
27
those
applicable
when
an
out-of-home
placement
is
ordered
in
28
a
child
in
need
of
assistance
proceeding
under
Code
chapter
29
232.
The
court
is
required
to
specify
the
nature
and
category
30
of
disposition
which
will
serve
the
best
interests
of
the
31
child,
and
to
prescribe
the
means
by
which
the
placement
will
32
be
monitored
by
the
court,
which
may
be
in
addition
to
the
33
reporting
requirements
in
current
law.
If
the
court
orders
34
the
transfer
of
custody
to
the
department
of
human
services
35
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3
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2101
or
other
agency,
facility,
or
institution
for
placement,
the
1
department
or
other
agency
is
required
to
make
every
reasonable
2
effort
to
place
the
child
in
the
least
restrictive,
most
3
family-like,
and
most
appropriate
setting
available,
and
to
4
consider
the
placement’s
proximity
to
the
school
in
which
the
5
child
is
enrolled
at
the
time
of
placement.
In
addition,
6
if
the
termination
order
applies
to
a
sibling
of
the
child
7
or
the
child
has
a
sibling,
the
department
or
other
agency
8
is
required
to
comply
with
the
requirements
of
Code
section
9
232.108,
regarding
sibling
placement
and
visitation
or
ongoing
10
interaction
while
a
permanent
placement
is
being
established.
11
Code
section
235.3,
relating
to
the
powers
and
duties
of
12
the
department
of
human
services
regarding
child
welfare
13
services,
is
amended
to
require
the
department
to
create
and
14
make
available
to
department
staff,
child-placing
agencies,
and
15
others
engaged
with
placing
children
in
out-of-home
settings
an
16
internet-based
capacity,
or
other
regularly
updated
approach,
17
for
tracking
foster
care
and
other
placement
openings
for
such
18
children.
19
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