Senate File 412 - Introduced SENATE FILE 412 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SSB 1180) A BILL FOR An Act relating to child welfare, including provisions relating 1 to child in need of assistance and delinquency cases. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1877SV (2) 86 rh/nh

S.F. 412 Section 1. Section 232.8, Code 2015, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4A. a. The juvenile court may provide 3 follow-up services for a child adjudicated to have committed a 4 delinquent act upon the child reaching eighteen years of age 5 until the child is twenty-one years of age, if the child and 6 the juvenile court determine the child should remain under 7 the jurisdiction of the juvenile court. Follow-up services 8 shall be made available to the child, as necessary, to meet the 9 long-term needs of the child aging into adulthood. 10 b. A child who remains under the jurisdiction of the 11 juvenile court under paragraph “a” who is alleged to have 12 committed a subsequent public offense shall be prosecuted as an 13 adult. 14 Sec. 2. Section 232.97, subsections 1 and 3, Code 2015, are 15 amended to read as follows: 16 1. The court shall not make a disposition of the petition 17 until two five working days after a social report has been 18 submitted to the court and counsel for the child and has been 19 considered by the court. The court may waive the two-day 20 five-day requirement upon agreement by all the parties. The 21 court may direct either the juvenile court officer or the 22 department of human services or any other agency licensed by 23 the state to conduct a social investigation and to prepare 24 a social report which may include any evidence provided by 25 an individual providing foster care for the child. A report 26 prepared shall include any founded reports of child abuse. 27 3. The social report shall not be disclosed except as 28 provided in this section and except as otherwise provided in 29 this chapter . Prior At least five days prior to the hearing 30 at which the disposition is determined, the court shall permit 31 send a copy of the social report to counsel for the child, 32 counsel for the child’s parent, guardian, or custodian, and the 33 guardian ad litem to inspect any social report to be considered 34 by the court . The court may in its discretion order counsel 35 -1- LSB 1877SV (2) 86 rh/nh 1/ 3

S.F. 412 not to disclose parts of the report to the child, or to the 1 parent, guardian, or custodian if disclosure would seriously 2 harm the treatment or rehabilitation of the child or would 3 violate a promise of confidentiality given to a source of 4 information. If the report indicates the child has behaved 5 in a manner that threatened the safety of another person, 6 has committed a violent act causing bodily injury to another 7 person, or has been a victim or perpetrator of sexual abuse, 8 unless otherwise ordered by the court, the child’s parent, 9 guardian, or foster parent or other person with custody of the 10 child shall be provided with that information. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to child welfare including provisions 15 relating to child in need of assistance and delinquency cases 16 and subsidized guardianship assistance. 17 JURISDICTION —— DELINQUENCY. The bill amends juvenile 18 court jurisdictional provisions to allow the juvenile court to 19 provide follow-up services for a child adjudicated by the court 20 to have committed a delinquent act upon the child reaching 18 21 years of age until the child is 21 years of age, if the child 22 and the juvenile court determine the child should remain under 23 the jurisdiction of the juvenile court. Follow-up services 24 shall be made available to the child, as necessary, to meet the 25 long-term needs of the child aging into adulthood. A child 26 who remains under the jurisdiction of the juvenile court under 27 the bill who is alleged to have committed a subsequent public 28 offense shall be prosecuted as an adult. 29 SOCIAL INVESTIGATION AND REPORT —— CHILD IN NEED OF 30 ASSISTANCE. Under current law, a court cannot make a 31 disposition of a petition in a child in need of assistance case 32 until two working days after a social report has been submitted 33 to the court and counsel for the child and has been considered 34 by the court, but this two-day requirement may be waived by 35 -2- LSB 1877SV (2) 86 rh/nh 2/ 3

S.F. 412 the court upon agreement of the parties. The bill increases 1 this time period to five working days. The bill also requires 2 the court, at least five days before a dispositional hearing, 3 to send a copy of the social report to the child’s counsel, 4 counsel for the child’s parent, guardian, or custodian, and 5 the guardian ad litem. Under Code section 232.2, a social 6 report is a report furnished to the court which contains 7 the information collected during a social investigation, 8 defined as an investigation conducted for the purpose of 9 collecting information relevant to the court’s fashioning of an 10 appropriate disposition of a child in need of assistance case. 11 -3- LSB 1877SV (2) 86 rh/nh 3/ 3