Senate File 2242 - Introduced SENATE FILE 2242 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SF 2101) 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 TLSB 5783SV (2) 84 jp/nh

S.F. 2242 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 -1- LSB 5783SV (2) 84 jp/nh 1/ 3

S.F. 2242 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 EXPLANATION 5 This bill relates to children in out-of-home placements in 6 accordance with a court order. 7 Code section 232.108, relating to court-ordered out-of-home 8 placements of a child and requiring efforts to place siblings 9 together or provide for visitation or other ongoing interaction 10 with siblings during an out-of-home placement, is amended. The 11 amendment requires the department of human services to report 12 annually by December 15 to the governor and general assembly 13 regarding the status of the efforts made by the department 14 and others involved with the child welfare system in the 15 previous fiscal year to comply with the requirements of the 16 Code section. 17 Code section 232.117, relating to the disposition of a 18 child when termination of parental rights has been ordered, 19 is amended. The amendment includes requirements similar to 20 those applicable when an out-of-home placement is ordered in 21 a child in need of assistance proceeding under Code chapter 22 232. The court is required to specify the nature and category 23 of disposition which will serve the best interests of the 24 child, and to prescribe the means by which the placement will 25 be monitored by the court, which may be in addition to the 26 reporting requirements in current law. If the court orders 27 the transfer of custody to the department of human services 28 or other agency, facility, or institution for placement, the 29 department or other agency is required to make every reasonable 30 effort to place the child in the least restrictive, most 31 family-like, and most appropriate setting available, and to 32 consider the placement’s proximity to the school in which the 33 child is enrolled at the time of placement. In addition, 34 if the termination order applies to a sibling of the child 35 -2- LSB 5783SV (2) 84 jp/nh 2/ 3

S.F. 2242 or the child has a sibling, the department or other agency 1 is required to comply with the requirements of Code section 2 232.108, regarding sibling placement and visitation or ongoing 3 interaction while a permanent placement is being established. 4 -3- LSB 5783SV (2) 84 jp/nh 3/ 3