S.F. 2258 Section 1. Section 232.2, subsection 4, unnumbered 1 paragraph 1, Code 2016, is amended to read as follows: 2 “Case permanency plan” means the plan, mandated by Pub. L. 3 No. 96-272 and Pub. L. No. 105-89, as codified in 42 U.S.C. 4 §622(b)(10), 671(a)(16), and 675(1),(5), which is designed to 5 achieve placement in the most appropriate, least restrictive, 6 and most family-like setting available and in close proximity 7 to the parent’s home, consistent with the best interests and 8 special needs of the child, and which considers the placement’s 9 proximity to the school in which the child is enrolled at 10 the time of placement. The plan shall be developed by the 11 department or agency involved and the child’s parent, guardian, 12 or custodian. If the child is fourteen years of age or older, 13 the plan shall be developed in consultation with the child and, 14 at the option of the child, with up to two persons chosen by 15 the child to be members of the child’s case planning team if 16 such persons are not a foster parent of, or caseworker for, the 17 child. The department may reject a person selected by a child 18 to be a member of the child’s case planning team at any time 19 if the department has good cause to believe that the person 20 would not act in the best interests of the child. One person 21 selected by a child to be a member of the child’s case planning 22 team may be designated to be the child’s advisor or, if 23 necessary, the child’s advocate with respect to the application 24 of the reasonable and prudent parent standard. The plan shall 25 specifically include all of the following: 26 Sec. 2. Section 232.2, subsection 4, paragraph f, Code 2016, 27 is amended to read as follows: 28 f. (1) When a child is sixteen fourteen years of age 29 or older, a written transition plan of services , supports, 30 activities, and referrals to programs which, based upon an 31 assessment of the child’s needs, would assist the child in 32 preparing for the transition from foster care to adulthood. 33 The transition plan and needs assessment shall be developed 34 with a focus on the services, other support, and actions 35 -1- LSB 5266SV (2) 86 rh/nh 1/ 14

S.F. 2258 necessary to facilitate the child’s successful entry into 1 adulthood. The transition plan shall be personalized at the 2 direction of the child and shall be developed with the child 3 present, honoring the goals and concerns of the child, and 4 shall address the following areas of need when the child 5 becomes an adult for the child’s successful transition from 6 foster care to adulthood , including but not limited to all of 7 the following: 8 (a) Education. 9 (b) Employment services and other workforce support. 10 (c) Health and health care coverage. 11 (d) Housing and money management . 12 (e) Relationships, including local opportunities to have a 13 mentor. 14 (f) If the needs assessment indicates the child is 15 reasonably likely to need or be eligible for services or 16 other support from the adult service system upon reaching age 17 eighteen, the transition plan shall provide for the child’s 18 application for adult services. 19 (2) The transition plan shall be considered a working 20 document and shall be reviewed and updated for each permanency 21 hearing by the court or other formal case permanency plan 22 review during a periodic case review, which shall occur at a 23 minimum of once every six months . The transition plan shall 24 also be reviewed and updated during the ninety calendar-day 25 period preceding the child’s eighteenth birthday and during the 26 ninety calendar-day period immediately preceding the date the 27 child is expected to exit foster care, if the child remains 28 in foster care after the child’s eighteenth birthday. The 29 transition plan may be reviewed and updated more frequently. 30 (3) The transition plan shall be developed and reviewed 31 by the department in collaboration with a child-centered 32 transition team. The transition team shall be comprised of 33 the child’s caseworker and persons selected by the child, 34 persons who have knowledge of services available to the child, 35 -2- LSB 5266SV (2) 86 rh/nh 2/ 14

S.F. 2258 and any person who may reasonably be expected to be a service 1 provider for the child when the child becomes an adult or to 2 become responsible for the costs of services at that time. 3 If the child is reasonably likely to need or be eligible for 4 adult services, the transition team membership shall include 5 representatives from the adult services system. The adult 6 services system representatives may include but are not limited 7 to the administrator of county general relief under chapter 8 251 or 252 or the regional administrator of the county mental 9 health and disability services region, as defined in section 10 331.388 . The membership of the transition team and the meeting 11 dates for the team shall be documented in the transition plan. 12 (4) The final transition plan shall specifically identify 13 how the need for housing will be addressed. 14 (5) If the child is interested in pursuing higher education, 15 the transition plan shall provide for the child’s participation 16 in the college student aid commission’s program of assistance 17 in applying for federal and state aid under section 261.2 . 18 (6) If the needs assessment indicates the child is 19 reasonably likely to need or be eligible for services or 20 other support from the adult service system upon reaching age 21 eighteen, the transition plan shall be reviewed and approved 22 by the transition committee for the area in which the child 23 resides, in accordance with section 235.7 , before the child 24 reaches age seventeen and one-half. The transition committee’s 25 review and approval shall be indicated in the case permanency 26 plan. 27 (7) Provision for the department or a designee of the 28 department on or before the date the child reaches age 29 eighteen , unless the child has been placed in foster care for 30 less than six months, to provide to the child a certified copy 31 of the child’s birth certificate , and to facilitate securing 32 a federal social security card , and driver’s license or 33 government-issued nonoperator’s identification card . The fee 34 for the certified copy of the child’s birth certificate that is 35 -3- LSB 5266SV (2) 86 rh/nh 3/ 14

S.F. 2258 otherwise chargeable under section 144.13A , 144.46 , or 331.605 1 shall be waived by the state or county registrar. 2 Sec. 3. Section 232.2, subsection 4, Code 2016, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . n. Any issues relating to the application 5 of the reasonable and prudent parent standard and the child’s 6 participation in age or developmentally appropriate activities 7 while in foster care. 8 Sec. 4. Section 232.2, Code 2016, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 45A. “Reasonable and prudent parent 11 standard” means the same as defined in section 237.1. 12 Sec. 5. Section 232.58, subsection 3, paragraph d, 13 subparagraph (4), Code 2016, is amended to read as follows: 14 (4) If the child is sixteen years of age or older and 15 the department has documented to the court’s satisfaction a 16 compelling reason for determining that an order under the 17 other subparagraphs of this paragraph “d” would not be in the 18 child’s best interest, order another planned permanent living 19 arrangement for the child. 20 Sec. 6. Section 232.58, Code 2016, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 3A. If the court enters an order for 23 another planned permanent living arrangement pursuant to 24 subsection 3, paragraph “d” , the court shall do all of the 25 following: 26 a. Ask the child about the child’s desired permanency 27 outcome and make a judicial determination that another planned 28 permanent living arrangement is the best permanency plan for 29 the child. 30 b. Require the department to do all of the following: 31 (1) Document the efforts to place a child permanently with a 32 parent, relative, or in a guardianship or adoptive placement. 33 (2) Document that the planned permanent living arrangement 34 is the best permanency plan for the child and compelling 35 -4- LSB 5266SV (2) 86 rh/nh 4/ 14

S.F. 2258 reasons why it is not in the child’s best interest to be placed 1 permanently with a parent, relative, or in a guardianship or 2 adoptive placement. 3 (3) Document all of the following at the permanency hearing 4 and the six-month periodic review: 5 (a) The steps the department is taking to ensure that the 6 planned permanent living arrangement follows the reasonable and 7 prudent parent standard. 8 (b) Whether the child has regular opportunities to engage in 9 age-appropriate or developmentally appropriate activities. 10 Sec. 7. Section 232.68, subsection 2, paragraph a, Code 11 2016, is amended by adding the following new subparagraph: 12 NEW SUBPARAGRAPH . (11) The recruitment, harboring, 13 transportation, provision, obtaining, patronizing, or 14 soliciting of a child for the purpose of commercial sexual 15 activity as defined in section 710A.1. 16 Sec. 8. Section 232.68, Code 2016, is amended by adding the 17 following new subsections: 18 NEW SUBSECTION . 01. “A severe form of trafficking in 19 persons” means sex trafficking in which commercial sexual 20 activity, as defined in section 710A.1, is induced by force, 21 fraud, or coercion, or in which the person induced to perform 22 such act has not attained eighteen years of age. 23 NEW SUBSECTION . 10. “Sex trafficking” means the 24 recruitment, harboring, transportation, provision, obtaining, 25 patronizing, or soliciting of a person for the purpose of 26 commercial sexual activity as defined in section 710A.1. 27 NEW SUBSECTION . 11. “Sex trafficking victim” means a victim 28 of any of the following: 29 a. A severe form of trafficking in persons. 30 b. Sex trafficking. 31 Sec. 9. Section 232.70, subsections 8 and 9, Code 2016, are 32 amended to read as follows: 33 8. If a report would be determined to constitute an 34 allegation of child abuse as defined under section 232.68, 35 -5- LSB 5266SV (2) 86 rh/nh 5/ 14

S.F. 2258 subsection 2 , paragraph “a” , subparagraph (3) or (5), except 1 that the suspected abuse resulted from the acts or omissions 2 of a person other than a person responsible for the care of the 3 child, the department shall refer the report to the appropriate 4 law enforcement agency having jurisdiction to investigate the 5 allegation. The department shall refer the report orally 6 as soon as practicable and in writing within seventy-two 7 hours of receiving the report. Within twenty-four hours of 8 receiving a report from a mandatory or permissive reporter, 9 the department shall inform the reporter, orally or by other 10 appropriate means, whether or not the department has commenced 11 an assessment of the allegation in the report. 12 9. Within twenty-four hours of receiving a report from a 13 mandatory or permissive reporter, the department shall inform 14 the reporter, orally or by other appropriate means, whether 15 or not the department has commenced an assessment of the 16 allegation in the report. If a report would be determined 17 to constitute an allegation of child abuse as defined under 18 section 232.68, subsection 2, paragraph “a” , subparagraph (3) 19 or (5), except that the suspected abuse resulted from the acts 20 or omissions of a person other than a person responsible for 21 the care of the child, the department shall refer the report 22 to the appropriate law enforcement agency having jurisdiction 23 to investigate the allegation. The department shall refer the 24 report orally as soon as practicable and in writing within 25 seventy-two hours of receiving the report. 26 Sec. 10. Section 232.70, Code 2016, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 10. If the department has reasonable 29 cause to believe that a child under the placement, care, or 30 supervision of the department is, or is at risk of becoming, 31 a sex trafficking victim, the department shall do all of the 32 following: 33 a. Identify the child as a sex trafficking victim or at risk 34 of becoming a sex trafficking victim and include documentation 35 -6- LSB 5266SV (2) 86 rh/nh 6/ 14

S.F. 2258 in the child’s department records. 1 b. Refer the child for appropriate services. 2 c. Refer the child identified as a sex trafficking victim, 3 within twenty-four hours, to the appropriate law enforcement 4 agency having jurisdiction to investigate the allegation. 5 Sec. 11. Section 232.71B, subsection 1, paragraph a, 6 subparagraph (1), Code 2016, is amended to read as follows: 7 (1) Upon acceptance of a report of child abuse, the 8 department shall commence a child abuse assessment when the 9 report alleges child abuse as defined in section 232.68, 10 subsection 2 , paragraph “a” , subparagraphs (1) through (3) and 11 subparagraphs (5) through (10) (11) , or which alleges child 12 abuse as defined in section 232.68, subsection 2 , paragraph “a” , 13 subparagraph (4), that also alleges imminent danger, death, or 14 injury to a child. 15 Sec. 12. Section 232.71B, subsection 3, Code 2016, is 16 amended to read as follows: 17 3. Involvement of law enforcement. 18 a. The department shall apply protocols, developed with the 19 local child protection assistance team established pursuant to 20 section 915.35 , to prioritize the actions taken in response 21 to a child abuse assessment and shall work jointly with child 22 protection assistance teams and law enforcement agencies in 23 performing assessment and investigative processes for child 24 abuse assessments in which a criminal act harming a child is 25 alleged. The county attorney and appropriate law enforcement 26 agencies shall also take any other lawful action which may be 27 necessary or advisable for the protection of the child. 28 b. If a report is determined not to constitute a child 29 abuse allegation or if the child abuse report is accepted 30 but assessed under the family assessment, but a criminal act 31 harming a child is alleged, the department shall immediately 32 refer the matter to the appropriate law enforcement agency. 33 c. If the department has reasonable cause to believe that 34 a child under the placement, care, or supervision of the 35 -7- LSB 5266SV (2) 86 rh/nh 7/ 14

S.F. 2258 department is, or is at risk of becoming, a sex trafficking 1 victim, the department shall do all of the following: 2 (1) Identify the child as a sex trafficking victim or 3 at risk of becoming a sex trafficking victim and include 4 documentation in the child’s department records. 5 (2) Refer the child for appropriate services. 6 (3) Refer the child identified as a sex trafficking victim, 7 within twenty-four hours, to the appropriate law enforcement 8 agency having jurisdiction to investigate the allegation. 9 d. The department shall report a child under the placement, 10 care, or supervision of the department who is reported as 11 missing or abducted to law enforcement and to the national 12 center for missing and exploited children within twenty-four 13 hours of receipt of the report. 14 Sec. 13. Section 232.102, subsection 1, paragraph a, 15 subparagraph (3), Code 2016, is amended to read as follows: 16 (3) The department of human services. If the child is 17 placed in a juvenile shelter care home or with an individual 18 or agency as defined in section 237.1, the department shall 19 assign decision-making authority to the juvenile shelter care 20 home, individual, or agency for the purpose of applying the 21 reasonable and prudent parent standard during the child’s 22 placement. 23 Sec. 14. Section 232.102, Code 2016, is amended by adding 24 the following new subsection: 25 NEW SUBSECTION . 5A. A child placed in foster care shall be 26 entitled to participate in age or developmentally appropriate 27 extracurricular, enrichment, cultural, and social activities. 28 A court shall make a finding at all review hearings to address 29 the child’s participation in such activities and how barriers 30 to participation are being addressed. 31 Sec. 15. Section 232.104, subsection 2, paragraph d, 32 subparagraph (4), Code 2016, is amended to read as follows: 33 (4) If the child is sixteen years of age or older and 34 the department has documented to the court’s satisfaction a 35 -8- LSB 5266SV (2) 86 rh/nh 8/ 14

S.F. 2258 compelling reason for determining that an order under the 1 other subparagraphs of this paragraph “d” would not be in the 2 child’s best interest, order another planned permanent living 3 arrangement for the child. 4 Sec. 16. Section 232.104, Code 2016, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 2A. If the court enters an order for 7 another planned permanent living arrangement pursuant to 8 subsection 2, paragraph “d” , the court shall do all of the 9 following: 10 a. Ask the child about the child’s desired permanency 11 outcome and make a judicial determination that another planned 12 permanent living arrangement is the best permanency plan for 13 the child. 14 b. Require the department to do all of the following: 15 (1) Document the efforts to place a child permanently with a 16 parent, relative, or in a guardianship or adoptive placement. 17 (2) Document that the planned permanent living arrangement 18 is the best permanency plan for the child and compelling 19 reasons why it is not in the child’s best interest to be placed 20 permanently with a parent, relative, or in a guardianship or 21 adoptive placement. 22 (3) Document all of the following at the permanency hearing 23 and the six-month periodic review: 24 (a) The steps the department is taking to ensure that the 25 planned permanent living arrangement follows the reasonable and 26 prudent parent standard. 27 (b) Whether the child has regular opportunities to engage in 28 age-appropriate or developmentally appropriate activities. 29 Sec. 17. Section 232.127, subsection 10, Code 2016, is 30 amended to read as follows: 31 10. If the child is sixteen fourteen years of age or older 32 and an order for an out-of-home placement is entered, the 33 order shall specify the services needed to assist the child in 34 preparing for the transition from foster care to adulthood. If 35 -9- LSB 5266SV (2) 86 rh/nh 9/ 14

S.F. 2258 the child has a case permanency plan, the court shall consider 1 the written transition plan of services and needs assessment 2 developed for the child’s case permanency plan. If the child 3 does not have a case permanency plan containing the transition 4 plan and needs assessment at the time the order is entered, the 5 written transition plan and needs assessment shall be developed 6 and submitted for the court’s consideration no later than six 7 months from the date of the transfer order. The court shall 8 modify the initial transfer order as necessary to specify 9 the services needed to assist the child in preparing for the 10 transition from foster care to adulthood. If the transition 11 plan identifies services or other support needed to assist 12 the child when the child becomes an adult in transitioning 13 from foster care to adulthood and the court deems it to be 14 beneficial to the child, the court may authorize the individual 15 who is the child’s guardian ad litem or court appointed special 16 advocate to continue a relationship with and provide advice to 17 the child for a period of time beyond the child’s eighteenth 18 birthday. 19 Sec. 18. Section 232.183, subsection 5, paragraph d, Code 20 2016, is amended to read as follows: 21 d. If the child is sixteen fourteen years of age or older, 22 the order shall specify the services needed to assist the child 23 in preparing for the transition from foster care to adulthood. 24 If the child has a case permanency plan, the court shall 25 consider the written transition plan of services and needs 26 assessment developed for the child’s case permanency plan. If 27 the child does not have a case permanency plan containing the 28 transition plan and needs assessment at the time the order is 29 entered, the transition plan and needs assessment shall be 30 developed and submitted for the court’s consideration no later 31 than six months from the date of the transfer order. The court 32 shall modify the initial transfer order as necessary to specify 33 the services needed to assist the child in preparing for the 34 transition from foster care to adulthood. If the transition 35 -10- LSB 5266SV (2) 86 rh/nh 10/ 14

S.F. 2258 plan identifies services or other support needed to assist 1 the child when the child becomes an adult in transitioning 2 from foster care to adulthood and the court deems it to be 3 beneficial to the child, the court may authorize the individual 4 who is the child’s guardian ad litem or court appointed special 5 advocate to continue a relationship with and provide advice to 6 the child for a period of time beyond the child’s eighteenth 7 birthday. 8 Sec. 19. Section 237.1, Code 2016, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 9. “Reasonable and prudent parent standard” 11 means the standard characterized by careful and sensible 12 parenting decisions that maintain the health, safety, and 13 best interests of a child, while at the same time encouraging 14 the emotional and developmental growth of a child, that a 15 caregiver shall use when determining whether to allow a child 16 in foster care under the placement, care, or supervision of 17 the department to participate in extracurricular, enrichment, 18 cultural, or social activities. For the purposes of this 19 subsection, “caregiver” means an individual or an agency 20 licensed under this chapter with which a child in foster care 21 has been placed or a juvenile shelter care home approved under 22 chapter 232 in which a child in foster care has been placed. 23 Sec. 20. NEW SECTION . 237.14A Reasonable and prudent parent 24 standard —— immunity from liability. 25 The department, or any individual, agency, or juvenile 26 shelter care home that applies the reasonable and prudent 27 parent standard reasonably and in good faith in regard to a 28 child in foster care shall have immunity from civil or criminal 29 liability which might otherwise be incurred or imposed. This 30 section shall not remove or limit any existing liability 31 protection afforded under any other law. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -11- LSB 5266SV (2) 86 rh/nh 11/ 14

S.F. 2258 This bill concerns child welfare, including provisions 1 relating to children under the custody, control, and 2 supervision of the department of human services (DHS) and 3 provisions relating to children who are, or are at risk of 4 becoming, victims of sex trafficking. 5 CASE PERMANENCY PLAN. The bill amends the definition of 6 case permanency plan under Code section 232.2, to provide that 7 if the child is 14 years of age or older, the case permanency 8 plan shall be developed in consultation with the child and, 9 at the option of the child, up to two persons chosen by the 10 child shall be members of the child’s case planning team if 11 such persons are not a foster parent of, or caseworker for, the 12 child. DHS may reject a person selected by a child to be a 13 member of the child’s case planning team at any time if the DHS 14 has good cause to believe that the person would not act in the 15 best interests of the child. One person selected by a child to 16 be a member of the child’s case planning team may be designated 17 to be the child’s advisor and, if necessary, advocate for 18 certain purposes. The plan shall also include any issues 19 relating to the application of the reasonable and prudent 20 parent standard, as defined in the bill, and the child’s 21 participation in certain activities while in foster care. 22 TRANSITION SERVICES PLAN. A case permanency plan includes 23 a written transition plan of services for a child who is 16 24 years of age or older. The bill amends this requirement to 25 require a written transition plan for a child who is 14 years 26 of age or older and requires the services plan to include 27 information on supports, activities, and referrals to programs 28 that would assist the child in transitioning from foster care 29 to adulthood. The bill requires the written transition plan 30 to include money management among other areas of need to aid 31 in the child’s successful transition to adulthood from foster 32 care, and that the transition plan shall be reviewed and 33 updated at a minimum of every six months. As a part of the 34 transition services plan, DHS is required, on or before the 35 -12- LSB 5266SV (2) 86 rh/nh 12/ 14

S.F. 2258 date the child reaches the age of 18, to provide the child 1 with a certified copy of the child’s birth certificate, social 2 security card, and driver’s license or government-issued 3 nonoperator’s identification card unless the child has been 4 placed in foster care for less than six months. 5 PERMANENCY HEARING —— OTHER PLANNED PERMANENT LIVING 6 ARRANGEMENTS. A court order for an out-of-home placement of 7 a child includes a determination by the court in a permanency 8 hearing that continuation of the child in the child’s home is 9 contrary to the child’s welfare. The bill amends the option 10 for the court after a permanency hearing to order another 11 planned permanent living arrangement to only allow such 12 option if the child is 16 years of age or older, and provides 13 guidelines for the court to follow if the court enters such an 14 order. 15 CHILD ABUSE —— SEX TRAFFICKING. The bill includes the 16 recruitment, harboring, transportation, provision, obtaining, 17 patronizing, or soliciting of a child for the purpose of 18 commercial sexual activity as defined in Code section 710A.1 in 19 the definition of “child abuse” under Code section 232.68. 20 CHILD SEX TRAFFICKING REPORTING PROCEDURES. If DHS has 21 reasonable cause to believe that a child under the placement, 22 care, or supervision of the department is, or is at risk of 23 becoming, a sex trafficking victim as defined in the bill, DHS 24 is required to identify the child as a sex trafficking victim 25 or at risk of becoming a sex trafficking victim, refer the 26 child for appropriate services, and refer the child within 27 24 hours to the appropriate law enforcement agency. DHS is 28 also required to report a child who is reported as missing or 29 abducted to law enforcement and to the national center for 30 missing and exploited children within 24 hours after receipt 31 of the report. 32 TRANSFER OF LEGAL CUSTODY OF CHILD AND PLACEMENT. If the 33 court after a dispositional hearing transfers the legal custody 34 of a child to DHS and the child is placed in a juvenile shelter 35 -13- LSB 5266SV (2) 86 rh/nh 13/ 14

S.F. 2258 care home or with an individual or agency for foster care, DHS 1 is required to assign decision-making authority to the juvenile 2 shelter care home, individual, or agency for the purpose of 3 applying the reasonable and prudent parent standard during the 4 child’s placement. A child placed in foster care is entitled 5 to participate in certain activities and a court is required to 6 make a finding at all review hearings to address the child’s 7 participation in such activities. 8 REASONABLE AND PRUDENT PARENT STANDARD. The bill defines 9 “reasonable and prudent parent standard” for purposes of 10 certain decision-making regarding children placed in foster 11 care and provides an immunity provision to DHS, or any 12 individual, agency, or juvenile shelter care home under Code 13 chapter 237 that applies the standard reasonably and in good 14 faith. 15 The bill makes conforming Code changes. 16 -14- LSB 5266SV (2) 86 rh/nh 14/ 14