Senate File 193 - Introduced SENATE FILE 193 BY MATHIS A BILL FOR An Act relating to state requirements for county and 1 multicounty juvenile detention homes. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1713XS (1) 85 jp/rj
S.F. 193 Section 1. Section 232.142, subsections 3, 5, and 6, Code 1 2013, are amended to read as follows: 2 3. A county or multicounty juvenile detention home approved 3 pursuant to this section shall receive financial aid from the 4 state in a manner approved by the director in accordance with 5 the requirements established in this section for the juvenile 6 detention transition fund and in appropriations made to provide 7 such aid . Aid paid by the state shall be at least ten percent 8 and not more than fifty percent of the total cost costs of the 9 establishment, improvements, operation, and maintenance of the 10 home. 11 5. The director shall approve annually all such homes 12 established and maintained under the provisions of this 13 chapter . A home shall not be approved unless it complies with 14 minimal rules and standards adopted by the director and has 15 been inspected by the department of inspections and appeals. 16 The statewide number of beds in the homes approved by the 17 director shall not exceed the number of beds in approved homes 18 as of July 1, 2012. 19 6. a. A juvenile detention home fund is created in the 20 state treasury under the authority of the department. The 21 fund shall consist of moneys deposited in the fund pursuant 22 to sections 321.218A and 321A.32A . The moneys in the fund 23 shall be used for the costs of the establishment, improvement, 24 operation, and maintenance of county or multicounty juvenile 25 detention homes in accordance with annual appropriations made 26 by the general assembly from the fund for these purposes. 27 b. For purposes of allocating moneys among the juvenile 28 detention homes of this state in accordance with this 29 subsection, a detention home’s costs shall reflect only those 30 costs attributed to the children placed in the detention 31 home from a court in the judicial district in this state in 32 which the detention home is located and any of the following 33 placements: 34 (1) The placement is from another judicial district in 35 -1- LSB 1713XS (1) 85 jp/rj 1/ 3
S.F. 193 this state but the child’s residence is located closer to the 1 detention home of placement than to the detention home serving 2 the other judicial district from which the child was placed. 3 (2) The placement is from another judicial district in this 4 state and the court ordering the placement has determined that 5 placing the child in the detention home serving such judicial 6 district would be detrimental to the child’s well-being or is 7 not in the best interests of the child. 8 EXPLANATION 9 This bill relates to county and multicounty juvenile 10 detention homes in this state. 11 Under current law in Code section 232.142, the juvenile 12 detention homes are subject to approval by the director of the 13 department of human services (DHS). The Code section requires 14 the state to pay financial aid to the juvenile detention homes 15 in an amount that is at least 10 percent and not more than 50 16 percent of the total cost of the establishment, improvements, 17 operation, and maintenance of the home. The Code section also 18 deposits into a juvenile detention home fund civil penalties 19 assessed when the department of transportation suspends, 20 revokes, or bars a person’s driver’s license or nonresident 21 operating privilege pursuant to Code section 321.218A for 22 a conviction under Code chapter 321 (motor vehicle law) or 23 pursuant to Code section 321A.32 for failure to have motor 24 vehicle liability insurance or other financial responsibility 25 as required under Code chapter 321A. The moneys in the fund 26 are to be used for the costs of the detention homes. 27 The bill links the percentage requirements for the aid 28 provided to the juvenile detention homes to the requirements 29 established for the juvenile detention home fund, limits the 30 statewide number of beds in the homes approved by the director 31 to the number of beds in approved homes as of July 1, 2012, 32 and limits juvenile detention home costs that can be included 33 in the calculation of state aid to those costs attributed to 34 children placed from judicial districts in this state. 35 -2- LSB 1713XS (1) 85 jp/rj 2/ 3
S.F. 193 With two exceptions, only costs attributed to the children 1 placed in the detention home from a court in the judicial 2 district in which the detention home is located can be used for 3 allocating moneys from the fund. The two exceptions are when 4 the placement is from another judicial district in this state 5 but the child’s residence is located closer to the detention 6 home of placement than to the detention home serving the 7 judicial district from which the child was placed and when the 8 placement is from another judicial district in this state and 9 the court ordering the placement has determined that placing 10 the child in the detention home serving such judicial district 11 would be detrimental to the child’s well-being or is not in the 12 best interests of the child. 13 -3- LSB 1713XS (1) 85 jp/rj 3/ 3