House File 343 - Introduced HOUSE FILE 343 BY FRY A BILL FOR An Act relating to placement of a child removed from the home 1 and adoption of a child by a relative. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1935YH (3) 85 ad/nh
H.F. 343 Section 1. Section 600.8, subsection 12, Code 2013, is 1 amended to read as follows: 2 12. Any investigation and report required under subsection 3 1 may be waived by the juvenile court or court if the 4 adoption petitioner is related within the fourth degree of 5 consanguinity to the person to be adopted , and shall be waived 6 by the juvenile court or court if the adoption petitioner is 7 a grandparent, aunt, uncle, or adult sibling of the person 8 to be adopted . However, if an adoption petitioner discloses 9 a criminal conviction or deferred judgment for an offense 10 other than a simple misdemeanor or founded child abuse report 11 pursuant to section 600.5 , the petitioner shall notify the 12 court of the inclusion of this information in the petition 13 prior to the final adoption hearing, and the court shall make a 14 specific ruling regarding whether to waive any investigation or 15 report required under subsection 1 . 16 Sec. 2. PLACEMENT OF CHILDREN WITH RELATIVES —— REVIEW AND 17 RECOMMENDATIONS. 18 1. The department of human services shall conduct a 19 comprehensive examination of current child protection policies 20 and procedures and evaluate possible changes that can be made 21 to those policies and procedures in order to recommend uniform 22 statewide policies and procedures that provide for placements 23 of children with a family member if a family member so desires, 24 upon removal of a child from the child’s home pursuant to a 25 provision in chapter 232, division III, or a rule adopted 26 pursuant to that division. 27 2. The department shall make recommendations relating to 28 the following: the requirements and procedures necessary to 29 allow placement of a child with a family member when the family 30 member is not certified or licensed to provide child foster 31 care or preadoptive care; the procedure for assisting a family 32 member who accepts placement of a child in becoming licensed 33 to provide child foster care; the requirements, policy, and 34 procedure necessary to transition a child from a foster care 35 -1- LSB 1935YH (3) 85 ad/nh 1/ 3
H.F. 343 or shelter care placement to placement with a family member; 1 a policy and procedure to enhance or change the subsidized 2 guardianship process which allows for placements of children 3 with family members; the requirements, procedure, and a list 4 of the clear and convincing bases under which the department 5 could determine that a child should not be placed with a 6 family member who is willing to accept the placement; and 7 other policies and procedures the department deems relevant 8 in increasing the number of placements of children with 9 family members. In drafting recommendations, the department 10 shall consider placement of a child with a family member 11 as preferential in all child in need of assistance removal 12 situations. 13 3. For purposes of this section, “family member” means 14 a grandparent, aunt, uncle, adult sibling, or adult relative 15 suggested by the child’s parents. 16 4. The department shall, by December 1, 2013, submit a 17 report of its review including findings and recommendations to 18 the governor and the general assembly. 19 EXPLANATION 20 This bill relates to the placement of a child removed from 21 the home and the adoption of a child by a relative. 22 The bill provides that the juvenile court or court must waive 23 the requirement of a preplacement investigation and report, 24 a postplacement investigation and report, and a background 25 information investigation and report in adoption proceedings if 26 the adoption petitioner is a grandparent, aunt, uncle, or adult 27 sibling of the person to be adopted. The adoption petitioner 28 would still be required to notify the court of a child abuse 29 report, or a criminal conviction or deferred judgment for an 30 offense other than a simple misdemeanor in the petition. 31 The bill requires the department of human services to 32 conduct an examination of child protection policies and 33 procedures and possible changes to those policies and 34 procedures in order to recommend uniform statewide policies 35 -2- LSB 1935YH (3) 85 ad/nh 2/ 3
H.F. 343 and procedures which provide for placements of children 1 with family members, if a family member so desires, upon the 2 child’s removal from the home pursuant to children in need of 3 assistance proceedings. For purposes of the bill, a “family 4 member” means a grandparent, aunt, uncle, adult sibling, or 5 adult relative suggested by the child’s parents. The bill 6 lists several topics that the department’s recommendations must 7 address. The bill requires the department of human services to 8 submit a report with its findings and recommendations to the 9 governor and the general assembly by December 1, 2013. 10 -3- LSB 1935YH (3) 85 ad/nh 3/ 3