Senate File 2322 - Introduced SENATE FILE 2322 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SF 2084) A BILL FOR An Act relating to services provided through the department of 1 human services for children who have been adjudicated and 2 establishing a state training school for delinquent females 3 and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5530SV (2) 85 jp/rj

S.F. 2322 DIVISION I 1 STATE TRAINING SCHOOL —— EDUCATION 2 Section 1. LEGISLATIVE FINDINGS. The general assembly 3 finds there is a need to improve the system to meet the needs of 4 children who have committed a delinquent act, have been abused, 5 neglected, or subjected to trauma, or have other significant 6 needs that put the safety of the children or the public at 7 risk. The areas for system improvement include but are not 8 limited to all of the following: 9 1. Providing equity in the services available for both the 10 male and female children involved in the system. 11 2. Providing appropriate safeguards to ensure children in 12 placements are safe and getting their needs met. 13 3. Ensuring that education and training services meet state 14 and federal requirements and prepare the children for long-term 15 success. 16 4. Engaging children in services after an out-of-home 17 placement to prevent the need for placement from reoccurring. 18 5. Providing an effective system to support children when 19 they attain adulthood in order to prevent their engagement with 20 the adult criminal justice system. 21 Sec. 2. IMPLEMENTATION. As the level of service for 22 juvenile delinquent females provided for in this Act does 23 not currently exist in the state and represents a gap in the 24 continuum of care for juvenile females, a state-owned facility 25 that is best able to begin offering services immediately upon 26 enactment of this Act shall be expeditiously selected by the 27 department of human services to fulfill the duties outlined in 28 section 233B.1, as enacted by this Act. 29 Sec. 3. Section 232.2, subsection 22, paragraph b, 30 subparagraph (3), Code 2014, is amended to read as follows: 31 (3) Visiting the home, residence, or both home and residence 32 of the child and any prospective home or residence of the 33 child, including each time placement is changed. A child in a 34 placement other than with the child’s parent shall be visited 35 -1- LSB 5530SV (2) 85 jp/rj 1/ 22

S.F. 2322 at the placement at least quarterly. 1 Sec. 4. Section 232.2, Code 2014, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 54A. “State training school” means 4 the state training school for female juvenile delinquents 5 maintained in accordance with chapter 233B or the state 6 training school for male juvenile delinquents maintained in 7 accordance with chapter 233A. 8 Sec. 5. Section 232.49, subsection 2, Code 2014, is amended 9 to read as follows: 10 2. When possible an examination shall be conducted on an 11 outpatient basis, but the court may, if it deems necessary, 12 commit the child to the state training school or to a 13 suitable hospital, facility , or institution for the purpose 14 of examination. Commitment for examination shall not exceed 15 thirty days and the civil commitment provisions of chapter 229 16 shall not apply. 17 Sec. 6. Section 232.49, subsection 3, paragraph b, Code 18 2014, is amended to read as follows: 19 b. An examination shall be conducted on an outpatient 20 basis unless the court, the child’s counsel, and the parent, 21 guardian, or custodian agree that it is necessary the child 22 be committed to the state training school or to a suitable 23 hospital, facility, or institution for the purpose of 24 examination. Commitment for examination shall not exceed 25 thirty days and the civil commitment provisions of chapter 229 26 shall not apply. 27 Sec. 7. Section 232.52, subsection 7, Code 2014, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . 0b. When the court orders the transfer of 30 legal custody of a child pursuant to subsection 2, paragraph 31 “d” , “e” , or “f” , the child’s attorney shall visit the child at 32 the child’s placement at least quarterly. 33 Sec. 8. Section 232.102, subsections 3 and 4, Code 2014, are 34 amended by striking the subsections. 35 -2- LSB 5530SV (2) 85 jp/rj 2/ 22

S.F. 2322 Sec. 9. Section 232.103, subsection 7, Code 2014, is amended 1 by striking the subsection. 2 Sec. 10. Section 233A.1, Code 2014, is amended to read as 3 follows: 4 233A.1 State training school —— Eldora and Toledo . 5 1. For the purposes of this chapter, unless the context 6 otherwise requires: 7 a. “Department” means the department of human services. 8 b. “Director” means the director of human services. 9 c. “State training school” means the state training school 10 for male juvenile delinquents. 11 d. “Superintendent” means the superintendent of the state 12 training school for male juvenile delinquents. 13 1. 2. Effective January 1, 1992, a A diagnosis and 14 evaluation center and other units are established at Eldora and 15 shall be operated, maintained, and staffed by the department to 16 provide to male juvenile delinquents a program which focuses 17 upon appropriate developmental skills, treatment, placements, 18 and rehabilitation. 19 2. The diagnosis and evaluation center which is used to 20 identify appropriate treatment and placement alternatives for 21 juveniles and any other units for juvenile delinquents which 22 are located at Eldora and the unit for juvenile delinquents at 23 Toledo shall together be known as the “state training school” . 24 For the purposes of this chapter “director” means the director 25 of human services and “superintendent” means the administrator 26 in charge of the diagnosis and evaluation center for juvenile 27 delinquents and other units at Eldora and the unit for juvenile 28 delinquents at Toledo. 29 3. The number of children present at any one time at the 30 state training school at Eldora shall not exceed the population 31 guidelines established under 1990 Iowa Acts, chapter 1239 , 32 section 21, as adjusted for subsequent changes in the capacity 33 at the training school. 34 4. Each child placed at the state training school and any 35 -3- LSB 5530SV (2) 85 jp/rj 3/ 22

S.F. 2322 other child receiving an examination at the state training 1 school by order of the court shall receive a written plan 2 for services. The plan for services provided by the state 3 training school to a child shall identify any physical, 4 emotional, intellectual, behavioral, or mental health 5 disorder or condition affecting the child and recommend 6 treatment to address the disorder or condition, identify any 7 substance-related disorder of the child or the child’s family 8 and recommend treatment to address the disorder, and assess the 9 child’s educational status and recommend action to address any 10 identified educational deficiency, and for follow-up services, 11 identify specific public and private service providers with 12 the capacity to meet the child’s needs. A copy of the plan 13 for services and any subsequent amendment to the plan shall be 14 submitted to the child, the child’s attorney, and the juvenile 15 court. 16 5. The state training school at Eldora shall facilitate 17 the provision of follow-up services to children, who received 18 placement services at the state training school and who remain 19 under the jurisdiction of the juvenile court, as necessary 20 to meet the long-term needs of the children as they age 21 into adulthood. The plan for follow-up services shall be 22 developed with the child in conjunction with juvenile court 23 services and the child’s attorney. The provision of follow-up 24 services for children who remain under the jurisdiction of the 25 juvenile court is subject to approval by the juvenile court. 26 Follow-up services shall be provided to support children who 27 are discharged from the state training school during the period 28 beginning twelve months prior to the children becoming age 29 eighteen and ending on the day prior to the children becoming 30 age eighteen who do not remain under the jurisdiction of the 31 juvenile court. In addition, follow-up services shall be made 32 available to children discharged from the school at any age 33 upon or after the children become age eighteen and continuing 34 until at least age twenty-one. 35 -4- LSB 5530SV (2) 85 jp/rj 4/ 22

S.F. 2322 6. For any child placed at the state training school, the 1 school shall provide a written plan regarding the placement 2 status of the child on or about the time the child becomes 3 age eighteen. The plan shall, while giving consideration to 4 the treatment needs of the child, also give consideration to 5 the long-term needs of the child upon becoming age eighteen 6 including needs for vocational training or higher education. 7 Given these considerations, the plan shall identify placement 8 options to meet the child’s needs that will not negatively 9 affect the child’s adult eligibility for assistance provided 10 with federal financial participation. The assistance addressed 11 shall include but is not limited to the preparation for adult 12 living program under section 234.46, the medical assistance 13 program, and the federal job corps program. 14 7. The department shall cause the state training school 15 at Eldora to be accredited as a secure juvenile correctional 16 facility by the American correctional association, to meet the 17 standards adopted by the department for approval of a juvenile 18 detention home, and to meet applicable standards for programs 19 providing residential services for children paid for by a 20 managed care or prepaid services contract under the medical 21 assistance program. The standards applied in addition to the 22 American correctional association accreditation requirements 23 shall include but are not limited to the minimum qualifications 24 of staff. The standards and sanctions for noncompliance 25 shall be identified in conjunction with the department of 26 inspections and appeals and experts who are not employed by 27 or under contract with the department. A regular assessment 28 of compliance with the standards shall be performed by the 29 department of inspections and appeals and that department shall 30 submit a report on each assessment to the governor and general 31 assembly. 32 8. The director and the superintendent for the state 33 training school at Eldora shall provide on an ongoing basis for 34 the school’s programs, facilities, and services, and for the 35 -5- LSB 5530SV (2) 85 jp/rj 5/ 22

S.F. 2322 training of staff in order to apply evidence-based practices 1 and other recognized contemporary approaches to ensure that the 2 care for the children served by the school is of high quality. 3 The director’s and superintendent’s efforts and recommendations 4 to comply with this requirement shall be documented in the 5 annual budget and financial reporting submitted to the governor 6 and the general assembly. 7 Sec. 11. Section 233A.4, Code 2014, is amended to read as 8 follows: 9 233A.4 Education and training. 10 The state training school shall provide a positive living 11 experience for older juveniles who require secure custody and 12 who live at the state training school for an extended period 13 of time. The education and training programs provided to the 14 juveniles shall reflect the age level and extended period of 15 stay by focusing upon appropriate developmental skills to 16 prepare the juveniles for productive living. The education 17 services provided to the children placed at the state training 18 school shall be provided in accordance with section 282.33. 19 Sec. 12. Section 233B.1, Code 2014, is amended to read as 20 follows: 21 233B.1 Definitions —— purpose —— services —— population 22 limit. 23 1. For the purpose of this chapter , unless the context 24 otherwise requires: 25 a. “Department” means the department of human services. 26 a. b. “Administrator” or “director” “Director” means the 27 director of the department of human services. 28 b. c. “Home” “State training school” means the Iowa juvenile 29 home state training school for female juvenile delinquents 30 maintained in accordance with this chapter . 31 c. d. “Superintendent” means the superintendent of the 32 Iowa juvenile home state training school for female juvenile 33 delinquents . 34 2. The Iowa juvenile home state training school for female 35 -6- LSB 5530SV (2) 85 jp/rj 6/ 22

S.F. 2322 juvenile delinquents shall be operated, maintained for the 1 purpose of providing care, custody, and education of the 2 children committed to the home. The children shall be wards of 3 the state. The children’s education shall embrace instruction 4 in the common school branches and in such other higher branches 5 as may be practical and will enable the children to gain useful 6 and self-sustaining employment. The administrator and the 7 superintendent of the home shall assist all discharged children 8 in securing suitable homes and proper employment. , and staffed 9 by the department of human services to do all of the following 10 for female residents of this state: 11 3. The number of children present at any one time at the 12 Iowa juvenile home shall not exceed the population guidelines 13 established under 1990 Iowa Acts, chapter 1239 , section 21, as 14 adjusted for subsequent changes in the capacity at the home. 15 a. Provide gender-responsive services to female children 16 less than age eighteen who have been adjudicated under chapter 17 232 as delinquent and placed at the state training school in 18 accordance with a court order. 19 b. If provided for by the children’s education plans, allow 20 for continued placement at the state training school for female 21 children who were placed at the state training school under 22 paragraph “a” upon the children becoming adults. The purpose of 23 continued placement is for completion of high school education 24 requirements identified in the education plans developed by the 25 provider of educational services for the children. 26 c. Facilitate the provision of follow-up services to 27 children who received placement services at the state training 28 school and who remain under the jurisdiction of the juvenile 29 court, as necessary to meet the long-term needs of the 30 children as they age into adulthood. The plan for follow-up 31 services shall be developed with the child in conjunction 32 with juvenile court services and the child’s attorney. The 33 provision of follow-up services for children who remain under 34 the jurisdiction of the juvenile court is subject to approval 35 -7- LSB 5530SV (2) 85 jp/rj 7/ 22

S.F. 2322 by the juvenile court. Follow-up services shall be provided 1 to support children who are discharged from the state training 2 school during the period beginning twelve months prior to the 3 children becoming age eighteen and ending on the day prior to 4 the children becoming age eighteen who do not remain under the 5 jurisdiction of the juvenile court. In addition, follow-up 6 services shall be made available to children discharged 7 from the state training school at any age upon or after the 8 children become age eighteen and continuing until at least age 9 twenty-one. 10 3. Each child placed at the state training school and any 11 other child receiving an examination at the state training 12 school by order of the court shall receive a written plan 13 for services. The plan for services provided by the state 14 training school to a child shall identify any physical, 15 emotional, intellectual, behavioral, or mental health 16 disorder or condition affecting the child and recommend 17 treatment to address the disorder or condition, identify any 18 substance-related disorder of the child or the child’s family 19 and recommend treatment to address the disorder, and assess the 20 child’s educational status and recommend action to address any 21 identified educational deficiency, and for follow-up services, 22 identify specific public and private service providers with 23 the capacity to meet the child’s needs. A copy of the plan 24 for services and any subsequent amendment to the plan shall be 25 submitted to the child, the child’s attorney, and the juvenile 26 court. 27 4. For any child placed at the state training school, the 28 state training school shall provide a written plan regarding 29 the placement status of the child on or about the time the 30 child becomes age eighteen. The plan shall, while giving 31 consideration to the treatment needs of the child, also give 32 consideration to the long-term needs of the child upon becoming 33 age eighteen, including needs for vocational training or 34 higher education. Given these considerations, the plan shall 35 -8- LSB 5530SV (2) 85 jp/rj 8/ 22

S.F. 2322 identify placement options to meet the child’s needs that will 1 not negatively affect the child’s eligibility as an adult for 2 assistance provided through federal financial participation. 3 The assistance addressed shall include but is not limited to 4 the preparation for adult living program under section 234.46, 5 the medical assistance program, and the federal job corps 6 program. 7 5. The department of human services and the representatives 8 of juvenile court services shall annually recommend a desired 9 capacity for the state training school in the succeeding 10 fiscal year to the governor and general assembly no later than 11 December 15. The capacity of the state training school for a 12 fiscal year shall be specified in the appropriations for the 13 school. 14 6. The education services provided to the children placed at 15 the state training school shall be provided in accordance with 16 section 282.33. 17 7. The department shall cause the state training school to 18 be accredited as a secure juvenile correctional facility by 19 the American correctional association, to meet the standards 20 adopted by the department for approval of a juvenile detention 21 home, and to meet applicable standards for programs providing 22 residential services for children paid for by a managed care or 23 prepaid services contract under the medical assistance program. 24 The standards applied in addition to the American correctional 25 association accreditation requirements shall include but are 26 not limited to the minimum qualifications of staff. The 27 standards and sanctions for noncompliance shall be identified 28 in conjunction with the department of inspections and appeals 29 and experts who are not employed by or under contract with 30 the department. A regular assessment of compliance with the 31 standards shall be performed by the department of inspections 32 and appeals and that department shall submit a report on each 33 assessment to the governor and general assembly. 34 8. The director and the superintendent for the state 35 -9- LSB 5530SV (2) 85 jp/rj 9/ 22

S.F. 2322 training school shall provide on an ongoing basis for the 1 state training school’s programs, facilities, and services, 2 and for the training of staff in order to apply evidence-based 3 practices and other recognized contemporary approaches to 4 ensure that the care for the children served by the state 5 training school is of high quality. The director’s and 6 superintendent’s efforts and recommendations to comply with 7 this requirement shall be documented in the annual budget and 8 financial reporting submitted to the governor and the general 9 assembly. 10 Sec. 13. Section 233B.2, Code 2014, is amended to read as 11 follows: 12 233B.2 Salary. 13 The salary of the superintendent of the home state training 14 school shall be determined by the administrator director in 15 accordance with the state requirements for similar positions . 16 Sec. 14. Section 233B.3, Code 2014, is amended to read as 17 follows: 18 233B.3 Admissions Commitments and placements . 19 Admission to the home shall be granted to resident children 20 of the state under seventeen years of age, as follows, giving 21 preference in the order named: 22 1. Neglected or dependent children committed by the 23 juvenile court Commitments to and placements at the state 24 training school shall be limited to the commitments and 25 placements specified in section 233B.1 . 26 2. Other destitute children. 27 Sec. 15. Section 233B.4, Code 2014, is amended to read as 28 follows: 29 233B.4 Procedure. 30 The procedure for commitment to and placement at the home is 31 state training school shall be as provided by chapter 232 and 32 section 233B.3 . 33 Sec. 16. Section 233B.5, Code 2014, is amended to read as 34 follows: 35 -10- LSB 5530SV (2) 85 jp/rj 10/ 22

S.F. 2322 233B.5 Transfers. 1 The administrator director may propose the transfer to the 2 home state training school of minor wards of the state from 3 any institution under the administrator’s director’s charge or 4 under the charge of any other administrator of the department 5 of human services ; but no person shall be so transferred who 6 is a person with mental illness or an intellectual disability, 7 or who is incorrigible, or has any vicious habits, or whose 8 presence in the home would be inimical to the moral or physical 9 welfare of the other children within the home, and any such 10 child in the home may be transferred to the proper state 11 institution . However, the superintendent shall only approve 12 the transfer of minor wards who meet the disposition criteria 13 specified in section 232.52, subsection 2, paragraph “e” . 14 Sec. 17. Section 233B.6, Code 2014, is amended to read as 15 follows: 16 233B.6 Profits and earnings. 17 Any money earned by or accrued to the benefit of a child 18 who is transferred to, admitted to , or placed in foster care 19 from the home state training school shall be used, held , or 20 otherwise applied for the exclusive benefit of that child, in 21 accordance with section 234.37 . 22 Sec. 18. Section 233B.7, Code 2014, is amended to read as 23 follows: 24 233B.7 Rules. 25 All children admitted or committed to the home shall be wards 26 of the state and subject to the rules of the home. Subject to 27 the approval of the administrator, any child received under 28 voluntary application may be expelled by the superintendent 29 for disobedience and refusal to submit to proper discipline. 30 Children shall be discharged upon arriving at the age of 31 eighteen years, or sooner if possessed of sufficient means to 32 provide for themselves. The department shall adopt rules to 33 administer and operate the state training school in the best 34 interests of the children placed at the state training school. 35 -11- LSB 5530SV (2) 85 jp/rj 11/ 22

S.F. 2322 Sec. 19. Section 234.6, Code 2014, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 11. Provide upon request assessment and 3 consultation services to public and private providers of child 4 welfare services to address the needs of children who have 5 challenging behaviors. 6 Sec. 20. Section 234.46, subsection 1, paragraph c, Code 7 2014, is amended to read as follows: 8 c. At the time the person became age eighteen, the person 9 received foster care services that were paid for by the state 10 under section 234.35 , services at the state training school, 11 services at a juvenile shelter care home, or services at a 12 juvenile detention home and the person is no longer receiving 13 such services. 14 Sec. 21. Section 234.46, subsection 2, unnumbered paragraph 15 1, Code 2014, is amended to read as follows: 16 The division shall establish a preparation for adult living 17 program directed to young adults. The purpose of the program 18 is to assist persons who are leaving foster care and other 19 court-ordered services at age eighteen or older in making the 20 transition to self-sufficiency. The department shall adopt 21 rules necessary for administration of the program, including 22 but not limited to eligibility criteria for young adult 23 participation and the services and other support available 24 under the program. The rules shall provide for participation 25 of each person who meets the definition of young adult on 26 the same basis, regardless of whether federal financial 27 participation is provided. The services and other support 28 available under the program may include but are not limited to 29 any of the following: 30 Sec. 22. Section 282.33, Code 2014, is amended by striking 31 the section and inserting in lieu thereof the following: 32 282.33 Funding for children residing in state mental health 33 institutes or training schools. 34 1. An area education agency shall provide or make provision 35 -12- LSB 5530SV (2) 85 jp/rj 12/ 22

S.F. 2322 for an appropriate educational program for each child who lives 1 in one of the following institutions for children under the 2 jurisdiction of the director of human services: 3 a. Mental health institute, Cherokee, Iowa. 4 b. Mental health institute, Independence, Iowa. 5 c. State training school for male juvenile delinquents under 6 chapter 233A. 7 d. State training school for female juvenile delinquents 8 under chapter 233B. 9 2. The area education agency shall provide the educational 10 program by any one of but not limited to the following: 11 a. Providing for the enrollment of the child in the district 12 of residence of the child, subject to the approval of the 13 district in which the child is living. 14 b. Cooperating with the district of residence of the child 15 and obtaining the course of study and textbooks of the child 16 for use in the special facility into which the child has been 17 placed. 18 c. Providing for the enrollment of the child in the district 19 in which the child is living, subject to the approval of the 20 district in which the child is living. 21 3. The area education agency shall submit a proposed program 22 and budget to the department of education by January 1 for 23 the next succeeding school year for each institution. The 24 department of education shall review and approve or modify the 25 program and proposed budget and shall notify the department 26 of administrative services and the area education agency of 27 its action by February 1. The department of administrative 28 services shall pay the approved budget amount for an area 29 education agency in monthly installments beginning September 30 15 and ending June 15 of the next succeeding school year. The 31 installments shall be as nearly equal as possible as determined 32 by the department of management, taking into consideration the 33 relative budget and cash position of the state’s resources. 34 The department of administrative services shall transfer the 35 -13- LSB 5530SV (2) 85 jp/rj 13/ 22

S.F. 2322 approved budget amount for an area education agency from 1 the moneys appropriated under section 257.16 and make the 2 payment to the area education agency. The area education 3 agency shall submit an accounting for the actual cost of 4 the program to the department of education by August 1 of 5 the following school year. The department shall review and 6 approve or modify all expenditures incurred in compliance with 7 the guidelines pursuant to section 256.7, subsection 10, and 8 shall notify the department of administrative services of the 9 approved accounting amount. The approved accounting amount 10 shall be compared with any amounts paid by the department of 11 administrative services to the area education agency and any 12 differences added to or subtracted from the October payment 13 made under this subsection for the next school year. Any 14 amount paid by the department of administrative services shall 15 be deducted monthly from the state foundation aid paid under 16 section 257.16 to all school districts in the state during the 17 subsequent fiscal year. The portion of the total amount of the 18 approved budget that shall be deducted from the state aid of a 19 school district shall be the same as the ratio that the budget 20 enrollment for the budget year of the school district bears to 21 the total budget enrollment in the state for that budget year 22 in which the deduction is made. 23 4. For purposes of this section, “district of residence” 24 means the school district in which the parent or legal guardian 25 of the child resides or the district in which the district 26 court is located if the district court is the guardian of the 27 child. 28 5. Programs may be provided throughout the calendar year and 29 shall be funded under this section if the school district or 30 area education agency determines a valid educational reason to 31 do so. 32 Sec. 23. REPEAL. Sections 233B.10, 233B.11, 233B.12, and 33 233B.13, Code 2014, are repealed. 34 DIVISION II 35 -14- LSB 5530SV (2) 85 jp/rj 14/ 22

S.F. 2322 CONFORMING AMENDMENTS 1 Sec. 24. Section 137F.1, subsection 7, unnumbered paragraph 2 1, Code 2014, is amended to read as follows: 3 “Food establishment” means an operation that stores, 4 prepares, packages, serves, vends, or otherwise provides food 5 for human consumption and includes a food service operation 6 in a salvage or distressed food operation, school, summer 7 camp, residential service substance abuse treatment facility, 8 halfway house substance abuse treatment facility, correctional 9 facility operated by the department of corrections, or the 10 state training school , or the Iowa juvenile home . “Food 11 establishment” does not include the following: 12 Sec. 25. Section 218.1, subsections 7 and 8, Code 2014, are 13 amended to read as follows: 14 7. State training school for male juvenile delinquents 15 under chapter 233A . 16 8. Iowa juvenile home State training school for female 17 juvenile delinquents under chapter 233B . 18 Sec. 26. Section 218.6, subsection 3, Code 2014, is amended 19 to read as follows: 20 3. The state juvenile institutions consisting of the 21 state training school for male juvenile delinquents and the 22 Iowa juvenile home state training school for female juvenile 23 delinquents . 24 Sec. 27. Section 259A.6, Code 2014, is amended to read as 25 follows: 26 259A.6 Residents of juvenile institutions and juvenile 27 probationers. 28 Notwithstanding the provisions of section 259A.2 a minor 29 who is a resident of a the state training school or the Iowa 30 juvenile home or a minor who is placed under the supervision 31 of a juvenile probation office may make application for a high 32 school equivalency diploma and upon successful completion of 33 the program receive a high school equivalency diploma. 34 Sec. 28. Section 261.6, subsection 2, paragraph b, Code 35 -15- LSB 5530SV (2) 85 jp/rj 15/ 22

S.F. 2322 2014, is amended to read as follows: 1 b. Is age seventeen and has been placed in the state 2 training school or the Iowa juvenile home pursuant to a court 3 order entered under chapter 232 under the care and custody of 4 the department of human services. 5 Sec. 29. Section 261.6, subsection 2, paragraph c, 6 subparagraph (4), Code 2014, is amended to read as follows: 7 (4) On the date the person reached age eighteen or during 8 the thirty calendar days preceding or succeeding that date, 9 the person was placed in the state training school or the Iowa 10 juvenile home pursuant to a court order entered under chapter 11 232 under the care and custody of the department of human 12 services. 13 Sec. 30. Section 331.424, subsection 1, paragraph a, 14 subparagraph (1), subparagraph division (b), Code 2014, is 15 amended by striking the subparagraph division. 16 Sec. 31. Section 331.756, subsection 51, Code 2014, is 17 amended by striking the subsection. 18 Sec. 32. Section 331.802, subsection 3, paragraph k, Code 19 2014, is amended to read as follows: 20 k. Death of a person committed or admitted to , committed to, 21 or placed at a state mental health institute, a state resource 22 center, or the state training school , or the Iowa juvenile 23 home . 24 Sec. 33. Section 357H.1, subsection 1, Code 2014, is amended 25 to read as follows: 26 1. The board of supervisors of a county with less than 27 twenty thousand residents, not counting persons admitted or to, 28 committed to , or placed at an institution enumerated in section 29 218.1 or 904.102 , based upon the 2000 certified federal census, 30 and with a private lake development shall designate an area 31 surrounding the lake, if it is an unincorporated area of the 32 county, a rural improvement zone upon receipt of a petition 33 pursuant to section 357H.2 , and upon the board’s determination 34 that the area is in need of improvements. 35 -16- LSB 5530SV (2) 85 jp/rj 16/ 22

S.F. 2322 DIVISION III 1 EFFECTIVE DATE 2 Sec. 34. EFFECTIVE UPON ENACTMENT. This Act, being deemed 3 of immediate importance, takes effect upon enactment. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to the services provided through the 8 department of human services (DHS) for children who have been 9 adjudicated delinquent and establishes a state training school 10 for delinquent females in place of the Iowa juvenile home. The 11 bill is organized into divisions. The bill amends the services 12 required to be provided at the home and limits placements to 13 adjudicated delinquent females only. 14 DIVISION I —— STATE TRAINING SCHOOL —— EDUCATION. This 15 division provides the substantive amendments pertaining to the 16 state training school for male adjudicated delinquents and 17 the state training school for female adjudicated delinquents. 18 The current law in Code section 232.52 is maintained which 19 restricts placement in the institutions of adjudicated 20 delinquent males and females who are at least age 12 and the 21 court finds the placement to be in the best interests of the 22 child or necessary for the protection of the public, and that 23 the child has been found to have committed an act which is a 24 forcible felony, as defined in Code section 702.11 (felonious 25 child endangerment, assault, murder, sexual abuse, kidnapping, 26 robbery, arson in the first degree, or burglary in the 27 first degree), or a felony violation of Code section 124.401 28 (prohibited acts with controlled substances) or Code chapter 29 707 (homicide and related crimes) or meets at least three of 30 four other criteria relating to age, crimes against persons, 31 recidivism, and prior placement. 32 The bill includes legislative findings concerning the need 33 to improve the system to meet the needs of children who have 34 committed a delinquent act, have been abused, neglected, or 35 -17- LSB 5530SV (2) 85 jp/rj 17/ 22

S.F. 2322 subjected to trauma, or have other significant needs. An 1 implementation provision directs the department of human 2 services to expeditiously select a state-owned facility to 3 begin serving as the state training school for delinquent 4 females. The responsibilities for the state training school 5 for delinquent males under Code chapter 233A are amended to 6 conform with the new duties specified for the facility for 7 females. 8 Code section 232.2, providing definitions for the juvenile 9 justice Code chapter, is amended to provide a new definition 10 for the state training school, referring either to the training 11 school for delinquent males or to the training school for 12 delinquent females. In addition, the responsibilities of 13 guardians ad litem appointed for children adjudicated as a 14 child in need of assistance (CINA), is amended to require the 15 guardians to visit children in a placement at least quarterly. 16 Code section 232.49, relating to court-ordered mental and 17 physical examinations of children adjudicated delinquent, is 18 amended to explicitly list the two training schools as options 19 for the examinations. 20 Code section 232.52, relating to the disposition by the 21 court of children adjudicated delinquent, is amended to 22 require the attorney of a child subject to placement outside 23 the child’s home to visit the child at the placement at least 24 quarterly. 25 Code section 232.102, relating to the dispositions that may 26 be ordered by the court of a child adjudicated as a CINA, and 27 Code section 232.103, relating to modifications of such orders, 28 are amended to eliminate options relating to placements of CINA 29 children at the Iowa juvenile home (IJH). 30 The provisions in Code chapter 233A, relating to the state 31 training school for adjudicated delinquent males and in 32 Code chapter 233B, relating to the state training school for 33 adjudicated delinquent females, are both amended to apply the 34 same new responsibilities to each. Each must provide a written 35 -18- LSB 5530SV (2) 85 jp/rj 18/ 22