House File 2235 - Introduced HOUSE FILE 2235 BY STECKMAN , MASCHER , DAWSON , STAED , LENSING , MURPHY , PRICHARD , HANSON , WESSEL-KROESCHELL , H. MILLER , MAXWELL , MUHLBAUER , COHOON , ABDUL-SAMAD , WOLFE , BEARINGER , OURTH , KEARNS , ANDERSON , HEDDENS , M. SMITH , WOOD , RIDING , and KAJTAZOVIC A BILL FOR An Act relating to placement options for a child adjudicated as 1 delinquent or a child in need of assistance, at the time the 2 child becomes an adult. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5434YH (5) 85 jp/nh
H.F. 2235 Section 1. Section 232.2, subsection 4, paragraph f, 1 subparagraph (1), subparagraph division (f), Code 2014, is 2 amended to read as follows: 3 (f) If the needs assessment indicates the child is 4 reasonably likely to need or be eligible for services or 5 other support from the adult service system upon reaching age 6 eighteen, the transition plan shall provide for the child’s 7 application for adult services. In addition, the transition 8 plan shall identify options for placement of the child prior to 9 the child reaching age eighteen to meet the child’s needs in a 10 manner that will not negatively affect the child’s eligibility 11 for assistance that is funded in whole or in part through 12 federal financial participation. The assistance addressed 13 shall include but is not limited to the preparation for adult 14 living program under section 234.46, the medical assistance 15 program, the federal education and training vouchers program, 16 and the federal job corps program. 17 Sec. 2. Section 232.53, subsection 5, Code 2014, is amended 18 to read as follows: 19 5. a. Any person supervising but not having custody of the 20 child pursuant to such an order described in this section shall 21 file a written report with the court at least every six months 22 concerning the status and progress of the child. In addition 23 to other information, the report shall identify options for 24 placement of the child prior to the child reaching age eighteen 25 to meet the child’s needs in a manner that will not negatively 26 affect the child’s eligibility for assistance that is funded in 27 whole or in part through federal financial participation. The 28 assistance addressed shall include but is not limited to the 29 preparation for adult living program under section 234.46, the 30 medical assistance program, the federal education and training 31 vouchers program, and the federal job corps program. The court 32 shall consider the options identified in any review by the 33 court of the child’s disposition. 34 b. Any agency, facility, institution, or person to whom 35 -1- LSB 5434YH (5) 85 jp/nh 1/ 4
H.F. 2235 custody of the child has been transferred pursuant to such an 1 order described in this section shall file a written report 2 with the court at least every six months concerning the status 3 and progress of the child. 4 c. Any report prepared pursuant to this subsection shall be 5 included in the record considered by the court in a permanency 6 hearing conducted pursuant to section 232.58 . 7 Sec. 3. Section 233A.1, Code 2014, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 4. For any child receiving a diagnosis or 10 evaluation from or placed at the state training school, the 11 state training school shall provide a written plan regarding 12 the placement status of the child prior to the child reaching 13 age eighteen. The plan shall, while giving consideration to 14 the treatment needs of the child, also give consideration to 15 the long-term needs of the child upon becoming age eighteen. 16 Given these considerations, the plan shall identify placement 17 options to meet the child’s needs that will not negatively 18 affect the child’s adult eligibility for assistance provided 19 with federal financial participation. The assistance addressed 20 shall include but is not limited to the preparation for adult 21 living program under section 234.46, the medical assistance 22 program, the federal education and training vouchers program, 23 and the federal job corps program. 24 Sec. 4. Section 234.46, subsection 1, paragraph c, Code 25 2014, is amended to read as follows: 26 c. At the time the person became age eighteen, the person 27 received foster care services that were paid for by the state 28 under section 234.35 , services at the Iowa juvenile home or 29 the state training school, services at a juvenile shelter care 30 home, or services at a juvenile detention home and the person 31 is no longer receiving such services. 32 Sec. 5. Section 234.46, subsection 2, unnumbered paragraph 33 1, Code 2014, is amended to read as follows: 34 The division shall establish a preparation for adult living 35 -2- LSB 5434YH (5) 85 jp/nh 2/ 4
H.F. 2235 program directed to young adults. The purpose of the program 1 is to assist persons who are leaving foster care and other 2 court-ordered services at age eighteen or older in making the 3 transition to self-sufficiency. The department shall adopt 4 rules necessary for administration of the program, including 5 but not limited to eligibility criteria for young adult 6 participation and the services and other support available 7 under the program. The rules shall provide for participation 8 of each person who meets the definition of young adult on 9 the same basis, regardless of whether federal financial 10 participation is provided. The services and other support 11 available under the program may include but are not limited to 12 any of the following: 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to placement options for a child 17 adjudicated as delinquent or a child in need of assistance, at 18 the time the child becomes an adult. For foster care children 19 age 16 or older who are mandated by federal law to have a case 20 permanency plan, the department of human services, any agency 21 involved, and the child’s parent, guardian, or custodian, 22 developing the plan are required by current law in Code section 23 232.2 to include a transition plan to assist in preparing 24 for the transition from foster care to adulthood. The bill 25 requires the transition plan to identify options for placement 26 of the child prior to the child reaching age 18 to meet the 27 child’s needs in a manner that will not negatively affect the 28 child’s eligibility for assistance that is funded in whole 29 or in part through federal financial participation. Various 30 programs are specified. 31 Code section 232.53, relating to dispositional orders 32 for children adjudicated as delinquent, currently requires 33 reporting to the court every six months regarding the status 34 of the children. The bill requires the person reporting to 35 -3- LSB 5434YH (5) 85 jp/nh 3/ 4
H.F. 2235 identify options for placement of the child prior to the child 1 reaching age 18 to meet the child’s needs in a manner that will 2 not negatively affect the child’s eligibility for assistance 3 that is funded in whole or in part through federal financial 4 participation. Various programs are specified. 5 Code section 234.46 relates to eligibility for the 6 preparation for adult living program administered by the 7 department of human services. The eligibility definition for 8 the program is expanded by the bill to include persons who, 9 at the time such person became age 18, received services at 10 the Iowa juvenile home, the state training school, a shelter 11 care home, or a juvenile detention home. Current law limits 12 eligibility to persons who, at the time such person became age 13 18, was receiving foster care services paid for by the state. 14 The bill also provides that the rules adopted by the 15 department for the program must provide for the participation 16 of each person who meets the eligibility definition on the same 17 basis, regardless of whether federal financial participation 18 is provided. 19 -4- LSB 5434YH (5) 85 jp/nh 4/ 4