Senate Study Bill 1099 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) A BILL FOR An Act relating to county attorney duties when representing the 1 department of human services in juvenile court. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1327XC (2) 85 jm/sc
S.F. _____ Section 1. Section 232.37, subsection 1, Code 2013, is 1 amended to read as follows: 2 1. After a petition has been filed the court shall set 3 a time for an adjudicatory hearing and unless the parties 4 persons named in subsection 2 voluntarily appear, shall issue 5 a summons requiring the child to appear before the court at a 6 time and place stated and requiring the person who has custody 7 or control of the child to appear before the court and to bring 8 the child with the person at that time. The summons shall 9 attach a copy of the petition and shall give notification of 10 the right to counsel provided for in section 232.11 . 11 Sec. 2. Section 232.71C, subsection 1, Code 2013, is amended 12 to read as follows: 13 1. If, upon completion of an assessment performed under 14 section 232.71B , the department determines that the best 15 interests of the child require juvenile court action, the 16 department shall act appropriately to initiate the action. 17 If at any time during the assessment process the department 18 believes court action is necessary to safeguard a child, the 19 department shall act appropriately to initiate the action. The 20 county attorney shall assist the department as provided under 21 section 232.90, subsection 2 . 22 Sec. 3. Section 232.87, subsection 2, Code 2013, is amended 23 to read as follows: 24 2. A petition may be filed by the department of human 25 services, juvenile court officer, or county attorney. In 26 determining whether a petition is to be filed, the department 27 or a juvenile court officer may consult with the county 28 attorney. If the county attorney declines to file a petition 29 requested by the department or juvenile court officer, the 30 department or juvenile court officer may file the petition 31 pursuant to this section, and may request that the attorney 32 general represent the state in place of the county attorney. 33 Sec. 4. Section 232.88, Code 2013, is amended to read as 34 follows: 35 -1- LSB 1327XC (2) 85 jm/sc 1/ 8
S.F. _____ 232.88 Summons, notice, subpoenas, and service. 1 After a petition has been filed, the court shall issue and 2 serve summons, subpoenas, and other process in the same manner 3 as for adjudicatory hearings in cases of juvenile delinquency 4 as provided in section 232.37 . Reasonable notice shall be 5 provided to the persons required to be provided notice under 6 section 232.37 , except that notice shall be waived regarding 7 a person who was notified of the adjudicatory hearing and who 8 failed to appear. In addition, reasonable notice for any 9 hearing under this division shall be provided to the department 10 of human services, and the agency, facility, institution, 11 or person, including a foster parent, relative, or other 12 individual providing preadoptive care, with whom a child has 13 been placed. 14 Sec. 5. Section 232.90, Code 2013, is amended to read as 15 follows: 16 232.90 Duties of county attorney. 17 1. As used in this section, “state” means the general 18 interest held by the people in the health, safety, welfare, and 19 protection of all children living in this state. 20 1. 2. The county attorney shall represent the state in 21 proceedings arising from a petition filed under this division 22 and shall present evidence in support of the petition . The 23 county attorney shall be present at proceedings initiated by 24 petition under this division filed by an intake officer or the 25 county attorney, or if a party to the proceedings contests the 26 proceedings, or if the court determines there is a conflict of 27 interest between the child and the child’s parent, guardian, or 28 custodian or if there are contested issues before the court. 29 2. The county attorney shall represent the department in 30 proceedings arising under this division . However, if there is 31 disagreement between the department and the county attorney 32 regarding the appropriate action to be taken, the department 33 may request to be represented by the attorney general in place 34 of the county attorney. 35 -2- LSB 1327XC (2) 85 jm/sc 2/ 8
S.F. _____ 3. At the dispositional hearing or any subsequent 1 modification hearing held pursuant to this division, the county 2 attorney shall present to the court evidence regarding the 3 availability, fiscal impact, or fiscal limitations of any 4 placement for the child that is under consideration by the 5 court, if such evidence is provided by the department to the 6 county attorney. 7 4. In any proceeding under this division, the county 8 attorney shall consult with the department to ensure 9 compliance with all applicable state and federal laws regarding 10 permanency. 11 Sec. 6. Section 232.102, subsection 1, paragraph a, 12 unnumbered paragraph 1, Code 2013, is amended to read as 13 follows: 14 After a dispositional hearing and consideration of 15 all information provided by the department regarding the 16 availability, fiscal impact, or fiscal limitations to placement 17 for the child, the court may enter an order transferring the 18 legal custody of the child to one of the following for purposes 19 of placement: 20 Sec. 7. Section 232.104, subsection 1, Code 2013, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . d. If an initial permanency hearing is 23 not timely scheduled by the court, the department may seek 24 assistance of the county attorney in requesting that the court 25 set a timely permanency hearing. 26 Sec. 8. Section 232.111, subsection 1, Code 2013, is amended 27 to read as follows: 28 1. A child’s guardian, guardian ad litem, or custodian, 29 the department of human services, a juvenile court officer, or 30 the county attorney may file a petition for termination of the 31 parent-child relationship and parental rights with respect to a 32 child. In determining whether a petition is to be filed, the 33 department or a juvenile court officer may consult with the 34 county attorney. If the county attorney declines to file a 35 -3- LSB 1327XC (2) 85 jm/sc 3/ 8
S.F. _____ petition requested by the department or juvenile court officer, 1 the department or juvenile court officer may file the petition 2 pursuant to this section, and may request that the attorney 3 general represent the state in place of the county attorney. 4 Sec. 9. Section 232.111, subsection 4, paragraph b, 5 subparagraph (3), Code 2013, is amended to read as follows: 6 (3) Custodian Legal custodian of the child. 7 Sec. 10. Section 232.112, subsection 1, Code 2013, is 8 amended to read as follows: 9 1. Persons listed in section 232.111, subsection 4 , other 10 than the department of human services, shall be necessary 11 parties to a termination of parent-child relationship 12 proceeding and are entitled to receive notice and an 13 opportunity to be heard, except that notice may be dispensed 14 with in the case of any such person whose name or whereabouts 15 the court determines is unknown and cannot be ascertained by 16 reasonably diligent search. In addition to the persons who are 17 necessary parties who may be parties under section 232.111 , 18 notice for any hearing under this division shall be provided to 19 the department of human services, the child’s foster parent, 20 an individual providing preadoptive care for the child, or a 21 relative providing care for the child. 22 Sec. 11. Section 232.114, Code 2013, is amended to read as 23 follows: 24 232.114 Duties of county attorney. 25 1. As used in this section, “state” means the general 26 interest held by the people in the health, safety, welfare, and 27 protection of all children living in this state. 28 1. 2. Upon the filing of a petition the county attorney 29 shall represent the state in all adversary proceedings arising 30 under this division and shall present evidence in support of 31 the petition . 32 2. The county attorney shall represent the department in 33 proceedings arising under this division . However, if there is 34 disagreement between the department and the county attorney 35 -4- LSB 1327XC (2) 85 jm/sc 4/ 8
S.F. _____ regarding the appropriate action to be taken, the department 1 may request to be represented by the attorney general in place 2 of the county attorney. 3 Sec. 12. Section 232.180, Code 2013, is amended to read as 4 follows: 5 232.180 Duties of county attorney. 6 1. As used in this section, “state” means the general 7 interest held by the people in the health, safety, welfare, and 8 protection of all children living in this state. 9 2. Upon the filing of a petition and the request of the 10 department, the county attorney shall represent the state in 11 all adversary proceedings arising under this division and shall 12 present evidence in support of the petition as provided under 13 section 232.90 . 14 EXPLANATION 15 This bill relates to county attorney duties when 16 representing the department of human services in juvenile 17 court. 18 Code section 232.37 is amended to provide that unless the 19 known parents, guardians or legal custodians of a child, the 20 child, and the child’s guardian ad litem voluntarily appear for 21 an adjudicatory hearing to determine if the child has committed 22 a delinquent act, the court shall issue a summons requiring the 23 child to appear before the court at a time and place stated and 24 requiring the person who has custody or control of the child to 25 appear before the court and to bring the child with the person 26 at the time of the hearing. Code section 232.37(5) provides 27 that if a person personally served with a summons fails without 28 reasonable cause to appear or to bring the child, the person 29 may be held in contempt of court or the court may issue an order 30 for the arrest of the person or take the child into custody. 31 The amendment to Code section 232.37 affects a notice for 32 waiver hearings in Code section 232.45(3), a notice and summons 33 issued for hearings to change dispositional orders in Code 34 section 232.54(2), and a notice and summons issued for child in 35 -5- LSB 1327XC (2) 85 jm/sc 5/ 8
S.F. _____ need of assistance proceedings in Code section 232.88. 1 Code section 232.71C is amended to provide that the county 2 attorney shall assist the department of human services in a 3 child in need of assistance proceeding, but strikes a reference 4 requiring the county attorney to represent the department in 5 such proceedings. 6 Code section 232.87 is amended by adding a provision 7 providing that the department of human services or a juvenile 8 court officer may consult with the county attorney to determine 9 whether a child in need of assistance petition should be filed. 10 Under the bill, if the county attorney declines to file such a 11 petition, the department of human services or juvenile court 12 officer may file the petition, and request the attorney general 13 represent the state in place of the county attorney. 14 Code section 232.88 is amended to add the department of human 15 services to the list of parties required to be provided notice 16 of a child in need of assistance proceeding. 17 Code section 232.90 is amended to require the county 18 attorney to represent the state in a child in need of 19 assistance proceeding and strikes a provision requiring the 20 county attorney to represent the department of human services 21 in such a proceeding. The amendment to Code section 232.90 22 defines “state” to mean the general interest held by the people 23 in the health, safety, welfare, and protection of all children 24 living in the state. Code section 232.90 is amended to strike 25 a provision allowing the attorney general to represent the 26 department of human services if a dispute arises between the 27 county attorney and the department of human services in a child 28 in need of assistance proceeding. 29 Code section 232.90 is also amended to provide that at 30 a dispositional hearing of a child in need of assistance 31 proceeding or any subsequent modification, the county attorney 32 shall present evidence to the court regarding the availability, 33 fiscal impact, or fiscal limitations of any placement being 34 considered for the child, if such evidence is provided by the 35 -6- LSB 1327XC (2) 85 jm/sc 6/ 8
S.F. _____ department of human services to the county attorney. Code 1 section 232.90 is also amended to require the county attorney 2 to consult with the department to ensure compliance with all 3 applicable state and federal laws regarding permanency for a 4 child adjudicated a child in need of assistance. 5 Code section 232.104 is amended to permit the department of 6 human services to seek assistance of the county attorney in 7 setting a timely permanency hearing for a child adjudicated a 8 child in need of assistance. 9 Code section 232.111 is amended to require a petition 10 for termination of parental rights to contain the name and 11 residence of the “legal custodian” of the child. Current law 12 requires the petition for termination of parental rights to 13 contain the name and residence of the “custodian” of the child. 14 Code section 232.111 is also amended by adding a provision 15 providing that the department of human services or a juvenile 16 court officer may consult with the county attorney to determine 17 whether a termination of parental rights petition should be 18 filed. Under the bill, if the county attorney declines to file 19 such a petition, the department of human services or juvenile 20 court officer may file the petition and request the attorney 21 general represent the state in place of the county attorney. 22 Code section 232.112 is amended to strike a provision 23 requiring the participation of the department of human services 24 in a termination of parental rights proceeding. 25 Code section 232.114 is amended to require a county attorney 26 to represent the state in a termination of parental rights 27 proceeding and strikes a provision requiring a county attorney 28 to represent the department of human services in such a 29 proceeding. The amendment to Code section 232.114 defines 30 “state” to mean the general interest held by the people in the 31 health, safety, welfare, and protection of all children living 32 in the state. The amendment to Code section 232.114 also 33 strikes a provision allowing the attorney general to represent 34 the department of human services if a dispute arises between 35 -7- LSB 1327XC (2) 85 jm/sc 7/ 8
S.F. _____ the county attorney and the department of human services in a 1 termination of parental rights proceeding. 2 Code section 232.180 is amended to require the county 3 attorney to represent the state in a voluntary foster care 4 placement proceeding and strikes a provision requiring the 5 county attorney to represent the department of human services. 6 The amendment to Code section 232.180 defines “state” to mean 7 the general interest held by the people in the health, safety, 8 welfare, and protection of all children living in the state. 9 -8- LSB 1327XC (2) 85 jm/sc 8/ 8