HF 2251 (LSB 5924HH (3) 85)

HOUSE FILE 2251

BY  DAWSON

A BILL FOR

An Act establishing a family treatment court for a child adjudicated a child in need of assistance, and including an effective date provision.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  232.105  Family treatment court.
   1.  For purposes of this section, “family treatment court” means a court program that uses a community-based approach to substance abuse treatment by supporting the family of a child adjudicated a child in need of assistance in order for the family to remain in the role as the primary custodian of the child or to regain custody of the child.
   2.  a.  A family treatment court is created within the juvenile court in each county in this state to offer voluntary treatment services to the parent or guardian of a child based upon a finding of either of the conditions defined under section 232.2, subsection 6, paragraph “n” or “o”.
   b.  The juvenile court may offer family treatment court as an option to the parent or guardian of the child based upon a finding of any of the other conditions defined under section 232.2, subsection 6.
   3.  The parent or guardian of a child shall not be required to participate in the family treatment court. However, the family treatment court may establish terms and conditions for participation of a parent or guardian.
    Sec. 2.  EFFECTIVE DATE.  This Act takes effect January 1, 2015.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill establishes a family treatment court for a child adjudicated a child in need of assistance. 
   The bill defines “family treatment court” to mean a voluntary juvenile court program that uses a community-based approach to substance abuse treatment by supporting the family of a child adjudicated a child in need of assistance in order for the family to remain in the role as the primary custodian of the child or to regain custody of the child.
   The bill provides that a family treatment court is created within the juvenile court in each county in this state to offer voluntary treatment services to the parent or guardian of a child based upon a finding of the parent’s or guardian’s mental capacity or condition, imprisonment, or drug or alcohol abuse that resulted in the child not receiving adequate care, or based upon the presence of an illegal drug in the child because of the acts or omissions of the child’s parent or guardian.
   The bill further specifies that the juvenile court may offer family treatment court as an option to the parent or guardian of a child adjudicated a child in need of assistance based upon a finding of any of the other conditions defined under Code section 232.2, subsection 6. 
   A parent or guardian of a child is not required to participate in the family treatment court. However, the bill specifies that the family treatment court may establish terms and conditions for participation of a parent or guardian.
   The bill takes effect on January 1, 2015.