House File 68 - Introduced HOUSE FILE 68 BY WESSEL-KROESCHELL A BILL FOR An Act relating to child placement by requiring the 1 consideration of the stability of the child’s home in a 2 determination concerning the removal of the child. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1044YH (3) 87 hb/nh

H.F. 68 Section 1. Section 232.95, subsection 2, paragraph a, 1 subparagraph (1), Code 2017, is amended to read as follows: 2 (1) If removal is ordered, the court must, in addition, 3 make a determination that continuation of the child in the 4 child’s home would be contrary to the welfare of the child, and 5 that reasonable efforts, as defined in section 232.102 , have 6 been made to prevent or eliminate the need for removal of the 7 child from the child’s home. In determining the welfare of 8 the child, the court shall first consider the stability of the 9 child’s home. 10 Sec. 2. Section 232.96, subsection 10, paragraph a, Code 11 2017, is amended to read as follows: 12 a. A determination that continuation of the child in the 13 child’s home would be contrary to the welfare of the child, and 14 that reasonable efforts, as defined in section 232.102 , have 15 been made to prevent or eliminate the need for removal of the 16 child from the child’s home. In determining the welfare of 17 the child, the court shall first consider the stability of the 18 child’s home. The court’s determination regarding continuation 19 of the child in the child’s home, and regarding reasonable 20 efforts, including those made to prevent removal and those 21 made to finalize any permanency plan in effect, as well as any 22 determination by the court that reasonable efforts are not 23 required, must be made on a case-by-case basis. The grounds 24 for each determination must be explicitly documented and stated 25 in the court order. However, preserving the safety of the 26 child is the paramount consideration. If imminent danger to 27 the child’s life or health exists at the time of the court’s 28 consideration, the determinations otherwise required under 29 this paragraph shall not be a prerequisite for an order for 30 temporary removal of the child. 31 Sec. 3. Section 232.102, subsection 5, paragraph b, Code 32 2017, is amended to read as follows: 33 b. In order to transfer custody of the child under 34 this subsection , the court must make a determination that 35 -1- LSB 1044YH (3) 87 hb/nh 1/ 3

H.F. 68 continuation of the child in the child’s home would be contrary 1 to the welfare of the child, and shall identify the reasonable 2 efforts that have been made. In determining the welfare of 3 the child, the court shall first consider the stability of the 4 child’s home. The court’s determination regarding continuation 5 of the child in the child’s home, and regarding reasonable 6 efforts, including those made to prevent removal and those 7 made to finalize any permanency plan in effect, as well as any 8 determination by the court that reasonable efforts are not 9 required, must be made on a case-by-case basis. The grounds 10 for each determination must be explicitly documented and stated 11 in the court order. However, preserving the safety of the 12 child is the paramount consideration. If imminent danger to 13 the child’s life or health exists at the time of the court’s 14 consideration, the determinations otherwise required under this 15 paragraph shall not be a prerequisite for an order for removal 16 of the child. If the court transfers custody of the child, 17 unless the court waives the requirement for making reasonable 18 efforts or otherwise makes a determination that reasonable 19 efforts are not required, reasonable efforts shall be made to 20 make it possible for the child to safely return to the family’s 21 home. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill requires the court to first consider the stability 26 of the child’s home when considering placement of the child in 27 child in need of assistance proceedings. The bill requires 28 the court to first consider the stability of the home when 29 making a determination about whether the continuation of the 30 child in the child’s home would be contrary to the welfare 31 of the child during a temporary removal proceeding, during 32 an adjudicatory proceeding when the court enters an order 33 adjudicating the child to be a child in need of assistance and 34 the court is considering authorizing a temporary removal of the 35 -2- LSB 1044YH (3) 87 hb/nh 2/ 3

H.F. 68 child from the child’s home, and when the court is considering 1 transferring legal custody of the child. 2 -3- LSB 1044YH (3) 87 hb/nh 3/ 3