SENATE FILE 253

BY  HOGG

A BILL FOR

An Act relating to county attorney duties when representing the department of human services in juvenile court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 232.37, subsection 1, Code 2011, is amended to read as follows:
   1.  After a petition has been filed the court shall set a time for an adjudicatory hearing and unless the parties persons named in subsection 2 voluntarily appear, shall issue a summons requiring the child to appear before the court at a time and place stated and requiring the person who has custody or control of the child to appear before the court and to bring the child with the person at that time. The summons shall attach a copy of the petition and shall give notification of the right to counsel provided for in section 232.11.
   Sec. 2.  Section 232.71C, subsection 1, Code 2011, is amended to read as follows:
   1.  If, upon completion of an assessment performed under section 232.71B, the department determines that the best interests of the child require juvenile court action, the department shall act appropriately to initiate the action. If at any time during the assessment process the department believes court action is necessary to safeguard a child, the department shall act appropriately to initiate the action. The county attorney shall assist the department as provided under section 232.90, subsection 2.
   Sec. 3.  Section 232.88, Code 2011, is amended to read as follows:
   232.88  Summons, notice, subpoenas, and service.
   After a petition has been filed, the court shall issue and serve summons, subpoenas, and other process in the same manner as for adjudicatory hearings in cases of juvenile delinquency as provided in section 232.37. Reasonable notice shall be provided to the persons required to be provided notice under section 232.37, except that notice shall be waived regarding a person who was notified of the adjudicatory hearing and who failed to appear. In addition, reasonable notice for any hearing under this division shall be provided to the department of human services, and the agency, facility, institution, or person, including a foster parent, relative, or other individual providing preadoptive care, with whom a child has been placed.
   Sec. 4.  Section 232.90, Code 2011, is amended to read as follows:
   232.90  Duties of county attorney.
   1.  As used in this section,“state” means the general interest held by the people in the health, safety, welfare, and protection of all children living in this state.
   1.  2.  The county attorney shall represent the state in proceedings arising from a petition filed under this division and shall present evidence in support of the petition. The county attorney shall be present at proceedings initiated by petition under this division filed by an intake officer or the county attorney, or if a party to the proceedings contests the proceedings, or if the court determines there is a conflict of interest between the child and the child’s parent, guardian, or custodian or if there are contested issues before the court.
   2.  The county attorney shall represent the department in proceedings arising under this division. However, if there is disagreement between the department and the county attorney regarding the appropriate action to be taken, the department may request to be represented by the attorney general in place of the county attorney.
   Sec. 5.  Section 232.111, subsection 4, paragraph b, subparagraph (3), Code 2011, is amended to read as follows:
   (3)  Custodian Legal custodian of the child.
   Sec. 6.  Section 232.112, subsection 1, Code 2011, is amended to read as follows:
   1.  Persons listed in section 232.111, subsection 4, other than the department of human services, shall be necessary parties to a termination of parent-child relationship proceeding and are entitled to receive notice and an opportunity to be heard, except that notice may be dispensed with in the case of any such person whose name or whereabouts the court determines is unknown and cannot be ascertained by reasonably diligent search. In addition to the persons who are necessary parties who may be parties under section 232.111, notice for any hearing under this division shall be provided to the department of human services, the child’s foster parent, an individual providing preadoptive care for the child, or a relative providing care for the child.
   Sec. 7.  Section 232.114, Code 2011, is amended to read as follows:
   232.114  Duties of county attorney.
   1.  As used in this section,“state” means the general interest held by the people in the health, safety, welfare, and protection of all children living in this state.
   1.  2.  Upon the filing of a petition the county attorney shall represent the state in all adversary proceedings arising under this division and shall present evidence in support of the petition.
   2.  The county attorney shall represent the department in proceedings arising under this division. However, if there is disagreement between the department and the county attorney regarding the appropriate action to be taken, the department may request to be represented by the attorney general in place of the county attorney.
   Sec. 8.  Section 232.180, Code 2011, is amended to read as follows:
   232.180  Duties of county attorney.
   1.  As used in this section,“state” means the general interest held by the people in the health, safety, welfare, and protection of all children living in this state.
   2.  Upon the filing of a petition and the request of the department, the county attorney shall represent the state in all adversary proceedings arising under this division and shall present evidence in support of the petition as provided under section 232.90.
EXPLANATION
   This bill relates to county attorney duties when representing the department of human services in juvenile court.
   Code section 232.37 is amended to provide that unless the known parents, guardians or legal custodians of a child, the child, and the child’s guardian ad litem voluntarily appear for an adjudicatory hearing to determine if the child has committed a delinquent act, the court shall issue a summons requiring the child to appear before the court at a time and place stated and requiring the person who has custody or control of the child to appear before the court and to bring the child with the person at the time of the hearing. Code section 232.37(5) provides that if a person personally served with a summons fails without reasonable cause to appear or to bring the child, the person may be held in contempt of court or the court may issue an order for the arrest of the person or take the child into custody.
   The amendment to Code section 232.37 affects a notice for waiver hearings in Code section 232.45(3), a notice and summons issued for hearings to change dispositional orders in Code section 232.54(2), and a notice and summons issued for child in need of assistance proceedings in Code section 232.88.
   Code section 232.71C is amended to strike a provision requiring the county attorney to assist the department of human services in a child in need of assistance proceeding.
   Code section 232.88 is amended to add the department of human services to the list of parties required to be provided notice of a child in need of assistance proceeding.
   Code section 232.90 is amended to require the county attorney to represent the state in a child in need of assistance proceeding and strikes a provision requiring the county attorney to represent the department of human services in such a proceeding. The amendment to Code section 232.90 defines “state” to mean the general interest held by the people in the health, safety, welfare, and protection of all children living in the state. Code section 232.90 is also amended to strike a provision allowing the attorney general to represent the department of human services if a dispute arises between the county attorney and the department of human services in a child in need of assistance proceeding.
   Code section 232.111 is amended to require a petition for termination of parental rights to contain the name and residence of the “legal custodian” of the child. Current law requires the petition for termination of parental rights to contain the name and residence of the “custodian” of the child.
   Code section 232.112 is amended to strike a provision requiring the participation of the department of human services in a termination of parental rights proceeding.
   Code section 232.114 is amended to require a county attorney to represent the state in a termination of parental rights proceeding and strikes a provision requiring a county attorney to represent the department of human services in such a proceeding. The amendment to Code section 232.114 defines “state” to mean the general interest held by the people in the health, safety, welfare, and protection of all children living in the state. The amendment to Code section 232.114 also strikes a provision allowing the attorney general to represent the department of human services if a dispute arises between the county attorney and the department of human services in a termination of parental rights proceeding.
   Code section 232.180 is amended to require the county attorney to represent the state in a voluntary foster care placement proceeding and strikes a provision requiring the county attorney to represent the department of human services. The amendment to Code section 232.180 defines “state” to mean the general interest held by the people in the health, safety, welfare, and protection of all children living in the state.