Senate Study Bill 1180 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON MATHIS) A BILL FOR An Act relating to child welfare, including provisions relating 1 to child in need of assistance and delinquency cases and 2 subsidized guardianship assistance. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1877XC (3) 86 rh/nh

S.F. _____ 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 public offense shall be prosecuted as an adult. 13 Sec. 2. Section 232.97, subsections 1 and 3, Code 2015, are 14 amended to read as follows: 15 1. The court shall not make a disposition of the petition 16 until two five working days after a social report has been 17 submitted to the court and counsel for the child and has been 18 considered by the court. The court may waive the two-day 19 five-day requirement upon agreement by all the parties. The 20 court may direct either the juvenile court officer or the 21 department of human services or any other agency licensed by 22 the state to conduct a social investigation and to prepare 23 a social report which may include any evidence provided by 24 an individual providing foster care for the child. A report 25 prepared shall include any founded reports of child abuse. 26 3. The social report shall not be disclosed except as 27 provided in this section and except as otherwise provided in 28 this chapter . Prior At least five days prior to the hearing 29 at which the disposition is determined, the court shall permit 30 send a copy of the social report to counsel for the child, 31 counsel for the child’s parent, guardian, or custodian, and the 32 guardian ad litem to inspect any social report to be considered 33 by the court . The court may in its discretion order counsel 34 not to disclose parts of the report to the child, or to the 35 -1- LSB 1877XC (3) 86 rh/nh 1/ 3

S.F. _____ parent, guardian, or custodian if disclosure would seriously 1 harm the treatment or rehabilitation of the child or would 2 violate a promise of confidentiality given to a source of 3 information. If the report indicates the child has behaved 4 in a manner that threatened the safety of another person, 5 has committed a violent act causing bodily injury to another 6 person, or has been a victim or perpetrator of sexual abuse, 7 unless otherwise ordered by the court, the child’s parent, 8 guardian, or foster parent or other person with custody of the 9 child shall be provided with that information. 10 Sec. 3. TITLE IV-E GUARDIANSHIP ASSISTANCE STATE PLAN 11 AMENDMENT —— SUBSIDIZED GUARDIANSHIP PROGRAM. The department 12 of human services shall submit a Title IV-E guardianship 13 assistance state plan amendment to the United States department 14 of health and human services to allow Title IV-E funding to be 15 used for a subsidized guardianship program to enable children 16 in the care of grandparents and other relatives to exit foster 17 care into permanent homes. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to child welfare including provisions 22 relating to child in need of assistance and delinquency cases 23 and subsidized guardianship assistance. 24 JURISDICTION —— DELINQUENCY. The bill amends juvenile 25 court jurisdictional provisions to allow the juvenile court to 26 provide follow-up services for a child adjudicated by the court 27 to have committed a delinquent act upon the child reaching 18 28 years of age until the child is 21 years of age, if the child 29 and the juvenile court determine the child should remain under 30 the jurisdiction of the juvenile court. Follow-up services 31 shall be made available to the child, as necessary, to meet the 32 long-term needs of the child aging into adulthood. A child who 33 remains under the jurisdiction of the juvenile court under the 34 bill who is alleged to have committed a public offense shall be 35 -2- LSB 1877XC (3) 86 rh/nh 2/ 3

S.F. _____ prosecuted as an adult. 1 SOCIAL INVESTIGATION AND REPORT —— CHILD IN NEED OF 2 ASSISTANCE. Under current law, a court cannot make a 3 disposition of a petition in a child in need of assistance case 4 until two working days after a social report has been submitted 5 to the court and counsel for the child and has been considered 6 by the court, but this two-day requirement may be waived by 7 the court upon agreement of the parties. The bill increases 8 this time period to five working days. The bill also requires 9 the court, at least five days before a dispositional hearing, 10 to send a copy of the social report to the child’s counsel, 11 counsel for the child’s parent, guardian, or custodian, and 12 the guardian ad litem. Under Code section 232.2, a social 13 report is a report furnished to the court which contains 14 the information collected during a social investigation, 15 defined as an investigation conducted for the purpose of 16 collecting information relevant to the court’s fashioning of an 17 appropriate disposition of a child in need of assistance case. 18 TITLE IV-E GUARDIANSHIP ASSISTANCE STATE PLAN AMENDMENT 19 —— SUBSIDIZED GUARDIANSHIP PROGRAM. The bill directs 20 the department of human services to submit a Title IV-E 21 guardianship assistance state plan amendment to the United 22 States department of health and human services to allow Title 23 IV-E funding to be used for a subsidized guardianship program 24 to enable children in the care of grandparents and other 25 relatives to exit foster care into permanent homes. 26 -3- LSB 1877XC (3) 86 rh/nh 3/ 3