SF 2095 (LSB 5393SV (2) 85)

SENATE FILE 2095

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 3073)

A BILL FOR

An Act authorizing the placement of a child in group or family foster care pursuant to a consent decree entered in juvenile court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.46, subsection 1, Code 2014, is amended to read as follows:
   1.  a.  At any time after the filing of a petition and prior to entry of an order of adjudication pursuant to section 232.47, the court may suspend the proceedings on motion of the county attorney or the child’s counsel, enter a consent decree, and continue the case under terms and conditions established by the court. These terms and conditions may include prohibiting a any of the following: 
   (1)  Prohibiting the child from driving a motor vehicle for a specified period of time or under specific circumstances, or the supervision. The court shall notify the department of transportation of an order prohibiting the child from driving. 
   (2)  Supervision of the child by a juvenile court officer or other agency or person designated by the court, and may include the requirement that the child perform. 
   (3)  The performance of a work assignment of value to the state or to the public or make making restitution consisting of a monetary payment to the victim or a work assignment directly of value to the victim. The court shall notify the state department of transportation of an order prohibiting the child from driving.
   (4)  Placement of the child in a group or family foster care setting, if the court makes a determination that such a placement is the least restrictive option.
   b.  A child’s need for shelter placement or for inpatient mental health or substance abuse treatment does not preclude entry or continued execution of a consent decree.
    Sec. 2.  Section 234.35, subsection 1, paragraph e, Code 2014, is amended to read as follows:
   e.  When a court has entered an order transferring the legal custody of the child to a foster care placement pursuant to section 232.46, section 232.52, subsection 2, paragraph “d”, or section 232.102, subsection 1. However, payment for a group foster care placement shall be limited to those placements which conform to a service area group foster care plan established pursuant to section 232.143.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to entering a consent decree in juvenile court.
   The bill permits the juvenile court to enter a consent decree that places a child in a group or family foster care setting if the court determines such a placement is the least restrictive option.
   The bill also authorizes the department of human services to pay for group or family foster care costs of a juvenile placed in group or family foster care pursuant to a consent decree.
   The bill specifies that a child’s need for shelter placement or for inpatient mental health or substance abuse treatment does not preclude entry or continued execution of a consent decree.
   A consent decree is a court order entered after the filing of a delinquency petition but prior to adjudication that is an agreement between the juvenile court and the allegedly delinquent child. If the child successfully completes the terms and conditions of the consent decree, the original delinquency petition cannot be reinstated against the child. However, if the child does not successfully complete the terms and conditions of the consent decree, the state can move forward with the delinquency petition against the child.
   The bill also makes numerous changes to Code section 232.46(1) to enhance the readability of subsection 1.
   The bill is in response to State v. Iowa Dist. Court for Warren County, 828 N.W. 607 (Iowa 2013).