HF 2471 (LSB 6051YH (6) 88)

HOUSE FILE 2471

BY  SHIPLEY

A BILL FOR

An Act relating to human services and juvenile justice including child custody, child in need of assistance, and family in need of assistance proceedings, establishing the department of family stabilization and preservation, providing penalties, and including effective date provisions. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
DEPARTMENT OF FAMILY STABILIZATION AND PRESERVATION 

    Section 1.  NEW SECTION.  217A.1  Definitions.
   For purposes of this chapter, unless the context otherwise requires:
   1.  “Board” means the board of the department of family stabilization and preservation established in section 217A.4.
   2.  “Department” means the department of family stabilization and preservation established in section 217A.2.
   3.  “Director” means the director of the department.
   4.  “Institution” means the same as defined in section 218.1.
    Sec. 2.  NEW SECTION.  217A.2  Department established.
   1.  The department of family stabilization and preservation is established to be responsible for providing access to services and resources to families, children, and dependent adults in crisis.
   2.  “Crisis” for the purposes of this chapter includes but is not limited to all of the following:
   a.  Lack of vital resources.
   b.  Lack of access to vital resources.
   c.  Lack of shelter.
   d.  Lack of transportation.
   e.  Lack of access to mental health services and resources.
   f.  Food insecurity.
   g.  Medical emergency.
   h.  Lack of access to court-ordered services. 
   3.  Receipt of department services are voluntary unless, with good cause, are ordered by a court in a criminal action.
    Sec. 3.  NEW SECTION.  217A.3  Family law court mediation division.
   1.  This section establishes, within the department of family stabilization and preservation, a family law court mediation division for family matters including child custody, dissolution of marriage, and civil family matters.
   2.  The district court may, on its own motion or on the motion of any party, order the parties to participate in mediation in any child custody, dissolution of marriage action, or any other civil family matter. Mediation performed under this section shall comply with the provisions of chapter 679C.
   3.  The supreme court shall prescribe rules for the mediation program, including the circumstances under which the district court may order participation in mediation.
   4.  Any dispute resolution program shall comply with all of the following standards:
   a.  Participation in mediation shall include attendance at a mediation session with the mediator and the parties to the action, listening to the mediator’s explanation of the mediation process, presentation of one party’s view of the case, and listening to the response of the other party. Participation in mediation does not require that the parties reach an agreement.
   b.  The parties may choose the mediator, or the court shall appoint a mediator. A court-appointed mediator shall meet the qualifications established by the supreme court.
   c.  Parties to the mediation have the right to the advice and presence of counsel at all times.
   d.  The parties to the mediation shall present any agreement reached through the mediation to their attorneys, if any. A mediation agreement reached by the parties shall not be enforceable until approved by the court.
   e.  The costs of mediation shall be borne by the parties, as agreed to by the parties, or as ordered by the court, and may be taxed as court costs. Mediation shall be provided on a sliding fee scale for parties who are determined to be indigent pursuant to section 815.9.
   5.  The supreme court shall prescribe qualifications for mediators under this section. The qualifications shall include but are not limited to the ethical standards to be observed by mediators. The qualifications shall not include a requirement that the mediator be licensed to practice any particular profession.
    Sec. 4.  NEW SECTION.  217A.4  Board created.
   A board of family stabilization and preservation is created within the department. The board shall consist of seven members appointed by the governor subject to confirmation by the senate. Not more than four members shall be from the same political party. Members shall be residents of the state. Six of the seven members shall be residents of a different congressional district. Members of the boards shall serve four-year staggered terms. 
    Sec. 5.  NEW SECTION.  217A.5  Board of family stabilization and preservation —— duties.
   1.  Organize annually and select a chairperson and a vice chairperson.
   2.  Adopt and establish policies for the operation and conduct of the department and the implementation of all department programs. 
   3.  Recommend to the governor the names of individuals qualified for the position of director when a vacancy exists in the office.
   4.  Report immediately to the governor any failure by the director of the department to carry out any of the policy decisions or directives of the board.
   5.  Adopt rules in accordance with chapter 17A as the board deems necessary to transact its business and for the administration and exercise of its powers and duties.
   6.  Make recommendations from time to time to the governor and the general assembly.
   7.  Perform other functions as provided by law.
    Sec. 6.  NEW SECTION.  217A.6  Meetings.
   The board shall meet at least twelve times a year. Special meetings may be called by the chairperson or upon written request of any three members of the board. The chairperson shall preside at all meetings or in the chairperson’s absence, the vice chairperson shall preside. The members of the board shall be compensated as provided in section 7E.6 when attending meetings. 
    Sec. 7.  NEW SECTION.  217A.7  Director —— appointment and qualifications.
   1.  The chief administrative officer for the department shall be the director. The director shall be appointed by the governor subject to confirmation by the senate and shall serve at the pleasure of the governor.
   2.  The director shall not be selected on the basis of political affiliation and while employed as the director, shall not be a member of a political committee, participate in a political campaign, be a candidate for a partisan elective office, and shall not contribute to a political campaign fund, except that the director may designate on the checkoff portion of the state or federal income tax return, or both, a party or parties to which a contribution is made pursuant to the checkoff. The director shall not hold any other office under the laws of the United States or of this or any state or hold any position for profit, and shall work full-time to accomplish the duties of the office. 
    Sec. 8.  NEW SECTION.  217A.8  Director —— duties and responsibilities.
   1.  The director shall:
   a.  Supervise the operations of the institutions under the department’s jurisdiction and may delegate the powers and authorities given the director by statute to officers or employees of the department.
   b.  Supervise state agents whose duties relate primarily to the department.
   c.  Establish and maintain a program to oversee community programs to foster family preservation and stabilization and to provide community support to ensure continuity and consistency of the programs. The person responsible for implementing this section shall report to the director.
   d.  The director may also provide rehabilitative treatment and services to other persons who require the services. The director shall identify all individuals agreeing to services. Identification shall be made by a qualified medical professional. The director shall consult with the department of health services in providing habilitative services and treatment to mentally and physically challenged persons. 
   e.  Employ, assign, and reassign personnel as necessary for the performance of duties and responsibilities assigned to the department. Employees shall be selected on the basis of fitness for work to be performed with due regard to training and experience and are subject to chapter 19A. 
   f.  Examine all state institutions and service providers to determine their efficiency for adequate care, custody, and training of their workers and report the findings to the board.
   g.  Prepare a budget for the department, subject to the approval of the board, and other reports as required by law.
   h.  Develop long-range planning and an ongoing five-year master plan. The director shall annually report to the general assembly to inform its members as to the status and content of the planning and master plan.
   i.  Supervise services and service providers at institutions under the jurisdiction of the department who receive federal or state tax dollars within the state as may be established by the director. Persons committed to institutions under the jurisdiction of the department may be transferred to the facilities of the system and upon transfer shall be subject to the same laws as pertain to the transferring institution.
   j.  Adopt rules, subject to the approval of the board, pertaining to the internal management of institutions and agencies under the director’s charge and necessary to carry out the duties and powers outlined in this section. 
   2.  The director may establish, for any service provider, the guidelines of creating, implementing, and facilitating an individual self-sufficiency plan or a family self-sufficiency plan.
   3.  The director may establish a bonus pay system for case managers whose cases result in family stabilization and preservation and the protection of families in crisis. 
   4.  The director may expend moneys from the support allocation of the department as reimbursement for the replacement or repair of personal items of the department’s employees damaged or destroyed by clients of the department while the employee is working. However, the reimbursement shall not exceed one hundred fifty dollars for each item. The director shall establish rules in accordance with chapter 17A to carry out the purpose of this subsection. 
   5.  The director may obtain assistance for the department including construction, facility planning, data processing, and project accomplishment by contracting under chapter 28E with the department of general services. 
    Sec. 9.  NEW SECTION.  217A.9  Official seal.
   The department shall have an official seal with the words “Iowa Department of Family Stabilization and Preservation” and other engraved design as the board prescribes. Every commission, order, or other paper of an official nature executed by the department may be attested with the seal. 
    Sec. 10.  NEW SECTION.  217A.10  Travel expenses.
   The director, staff members, assistants, and employees, in addition to a salary, shall receive necessary travel expenses, calculated based on the nearest practicable route of travel when engaged in the performance of official business. Permission shall not be granted to any person to travel to another state except by approval of the board.
    Sec. 11.  NEW SECTION.  217A.11  Report by department.
   Annually, at the time provided by law, the department shall make a report to the governor and the general assembly which shall cover the annual period ending June 30 preceding the date of the report and shall include all of the following:
   1.  An itemized statement of the department’s expenditures for each program under the department’s administration.
   2.  Adequate and complete statistical reports for the state as a whole concerning payments made under the department’s administration.
   3.  Recommendations concerning changes in laws under the department’s administration as the board deems necessary.
   4.  Observations and recommendations of the board and the director relative to the programs of the department.
   5.  Information concerning long-range planning and the master plan as provided by section 217A.8, subsection 1, paragraph “h”.
   6.  Other information the board or the director deems advisable or which is requested by the governor or the general assembly. 
    Sec. 12.  NEW SECTION.  217A.12  Confidentiality of records —— report.
   1.  The following information regarding individuals receiving services from the department is confidential:
   a.  Names and addresses of individuals receiving services from the department, and the types of services or amounts of assistance provided, except as otherwise provided in subsection 4. 
   b.  Information concerning the social or economic conditions or circumstances of a particular individual who is receiving or has received services or assistance from the department. 
   c.  Agency evaluations of information about a particular individual.
   d.  Medical or psychiatric data including diagnosis and past history of disease or disability concerning a particular individual. 
   2.  Information described in subsection 1 shall not be disclosed to or used by any person or agency except for the purposes of administration of the department’s programs of services or assistance and shall not, except as otherwise provided in subsection 4, be disclosed to or used by persons or agencies outside the department unless they are subject to standards of confidentiality comparable to those imposed on the department by this section. 
   3.  This section does not restrict the disclosure or use of information regarding the cost, purpose, number of persons served or assisted by, and results of any program administered by the department, and other general and statistical information, so long as the information does not identify particular individuals served or assisted.
   4.  a.  The general assembly finds and determines that the use and disclosure of information as provided in this subsection is for purposes directly connected with the administration of the programs of services and assistance referred to in this section and is essential for proper administration.
   b.  Confidential information described in subsection 1, paragraphs “a”, “b”, and “c”, shall be disclosed to public officials for use in connection with official duties relating to law enforcement, audits, and other purposes directly connected with the administration of the programs, upon written application to, and with the approval of the director or the director’s designee.
   5.  Any reasonable grounds to believe that a public employee has violated a provision of this section is grounds for immediate removal from any access to confidential records or suspension from duty without pay. 
   6.  If it is established that a provision of this section would cause any of the department’s programs of services or assistance to become ineligible for federal funds, the provision shall be limited or restricted to the extent necessary to make the program eligible for federal funds. The department shall adopt rules pursuant to chapter 17A necessary to implement this subsection.
   7.  Violation of this section is a serious misdemeanor.
   8.  This section takes precedence over section 17A.12, subsection 7.
    Sec. 13.  NEW SECTION.  217A.13  Action for damages.
   A person may institute a civil action for damages under chapter 232 or to restrain the dissemination of confidential records set out in section 217A.12, subsection 1, in violation of that section, and a person, agency, governmental body, or similar entity, proven to have disseminated or to have requested and received confidential records in violation of section 217A.12, subsection 1, is liable for actual damages and exemplary damages for each violation, and shall be liable for court costs, expenses, and reasonable attorney fees incurred by the party bringing the action. The award for damages shall not be less than one hundred dollars.
    Sec. 14.  NEW SECTION.  217A.14  Powers of governor —— report of abuses.
   Section 217A.8, subsection 1, paragraph “a”, does not limit the general supervisory or examining powers vested in the governor by the laws or constitution of the state, or legally vested by the governor in a committee appointed by the governor. The superintendent of an institution shall make reports to the board and the director as requested by the board and the director, and the director shall report, in writing, to the governor any abuses found to exist in any of the institutions. 
    Sec. 15.  NEW SECTION.  217A.15  Appointment of superintendents of institutions.
   1.  The director shall appoint, subject to the approval of the board, a superintendent of an institution. 
   2.  A superintendent has the immediate custody and control, subject to the orders and policies of the director, of all property used in connection with the institution except as otherwise provided by law. 
   3.  The tenure of a superintendent shall be at the pleasure of the director, but a superintendent may be removed for inability or refusal to properly perform the duties of the office. Removal shall occur only after an opportunity to be heard before the board and the director and upon written charges. The removal when made is final. 
    Sec. 16.  NEW SECTION.  217A.16  Subordinate officers and employees.
   The director shall determine the number of subordinate officers and employees for each institution, and the compensation for subordinate officers and employees. Subject to this chapter, the subordinate officers and employees shall be appointed and discharged by the superintendent who shall keep in the record of each subordinate officer and employee the date of employment, the compensation, and the date of and the reasons for each discharge. 
DIVISION II
JUVENILE JUSTICE PROVISIONS

    Sec. 17.  FINDINGS —— FAMILIAL RIGHTS.
   1.  The legislature finds that the familial rights and the liberty of families of origin to direct the upbringing, education, and care of their children is a fundamental right. The first amendment to the Constitution of the United States guarantees the right of parents and children to have and maintain intimate and expressive close family relations and parent-child freedom of speech, association, worship, and family privacy, the regulation of which shall be subject to strict scrutiny, and the state shall not interfere with these rights except upon the most compelling of justifications in compliance with narrowly tailored laws and only where the state has demonstrated that the means employed are the least restrictive means relating to the rights of both parents and children. When the state interferes with these first amendment rights, the state irreparably harms children. 
   2.  The familial right to direct education includes the rights of parents to choose, as an alternative to public education, private, religious, and home school education. A parent shall have the right to make reasonable choices for their child attending public school including the right to make reasonable medical decisions and to train, direct, and discipline their child in an appropriately corrective manner and in a manner that promotes good citizenship. 
   3.  The United States or the state shall not infringe on the rights of families guaranteed by this section without demonstrating that a governmental interest is of the highest order and not capable of being achieved by less restrictive means. The familial rights guaranteed by this section shall not be denied or abridged due to any disability. 
   4.  This section shall not be construed to apply to parental actions or decisions that would place a child in imminent danger as defined in section 232.2.
   5.  No treaty may be adopted nor shall any international law be employed to supersede, modify, interpret, or apply to the rights guaranteed by this section.
    Sec. 18.  Section 232.1, Code 2020, is amended to read as follows:
   232.1  Rules of construction.
   1.  This chapter shall be liberally construed to the end that each child under the jurisdiction of the court shall receive, preferably in the child’s own home, the care, guidance and control that will best serve the child’s welfare and the best interest of the state, will preserve constitutionally protected rights, and will protect the relationship of a child to and with a child’s family of origin, all of which serve the interests of the state. When a child is removed from the control of the child’s parents, the court shall secure for the child care as nearly as possible equivalent to that which should have been given by the parents.
   2.  Compelling justification is required for the state to interfere in the private family realm and to infringe on first amendment associational rights of parents and children. A court shall be required to make case and fact-specific determinations relating to due process given the substantive rights at issue, and shall be required to perform a fact and case-specific substantive rights analysis based on a clear and convincing evidentiary standard. If the proper standard has been met to invoke the state’s parens patriae power, a proper state agency investigation that preserves the rights of the accused as well as the child shall be undertaken while securing a safe and secure home for the child. 
   3.  If a child is removed from a child’s home and a family member of the child cannot assume responsibility for the child, closely monitored safety and welfare checks of the child’s placement with a person other than a family member shall be required. The child shall only be removed from the natural parent’s home long enough to ensure that any imminently dangerous situation is addressed and care has been taken to correct the imminent danger. 
   4.  A state agency shall not require any natural parent to admit to any act or omission as a condition of maintaining an association with and possession of their child. Matters of conscience, differences of opinion, beliefs, and values between natural parents and the state shall not be used as evidence against a natural parent. When evaluating the severity of harm to a child, no presumption exists that a child placed in foster care will not suffer any harm. The state shall establish evidence-based balancing metrics of risk and severity based on the abuse children receive in foster care and the harm the children suffer when that abuse is a result of the acts or omissions of a caretaker to whom such children are not bonded.
    Sec. 19.  Section 232.2, subsection 2, Code 2020, is amended to read as follows:
   2.  “Adjudicatory hearing” means a hearing to determine if the allegations of a petition are true, and to obtain a just, fair, equitable, and impartial adjudication of the rights of parties under established principles of substantive law. This objective shall be attained expeditiously and at the least expense to the parties and the state as is practicable.
    Sec. 20.  Section 232.2, subsection 4, Code 2020, is amended by striking the subsection.
    Sec. 21.  Section 232.2, subsection 6, paragraph e, Code 2020, is amended to read as follows:
   e.  Who is in need of medical treatment to cure, alleviate, or prevent serious physical injury or illness and whose parent, guardian, or custodian is unwilling or unable to provide such treatment.
    Sec. 22.  Section 232.2, subsection 6, paragraph m, Code 2020, is amended to read as follows:
   m.  Who is in need of treatment to cure or alleviate chemical dependency and whose parent, guardian, or custodian is unwilling or unable to provide such treatment.
    Sec. 23.  Section 232.2, subsection 6, paragraph p, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   Whose parent, guardian, custodian, or other adult member of the household in which a child resides does any of the following:  unlawfully uses, possesses, manufactures, cultivates, or distributes a dangerous substance in the presence of a child; or knowingly allows such use, possession, manufacture, cultivation, or distribution by another person in the presence of a child; or possesses a product with the intent to use the product as a precursor or an intermediary to a dangerous substance in the presence of a child; or unlawfully uses, possesses, manufactures, cultivates, or distributes a dangerous substance specified in subparagraph (2), subparagraph division (a), (b), or (c), in a child’s home, on the premises, or in a motor vehicle located on the premises.
    Sec. 24.  Section 232.2, subsection 6, paragraph p, subparagraph (1), Code 2020, is amended to read as follows:
   (1)  For the purposes of this paragraph, “in the presence of a child” means in the physical presence of a child or occurring under other circumstances in which a reasonably prudent person would know that the use, possession, manufacture, cultivation, or distribution may be seen, smelled, or ingested, or heard by a child.
    Sec. 25.  Section 232.2, subsection 13, Code 2020, is amended to read as follows:
   13.  “Department” means the department of human services family stabilization and preservation created pursuant to section 217A.2 and includes the local, county, and service area officers of the department.
    Sec. 26.  Section 232.2, subsection 17, Code 2020, is amended to read as follows:
   17.  “Director” means the director of the department of human services family stabilization and preservation or that person’s designee.
    Sec. 27.  Section 232.2, subsection 20, Code 2020, is amended to read as follows:
   20.  “Family in need of assistance” means a family in which there has been a breakdown in the relationship between a child and the child’s parent, guardian, or custodian, or a family in need of stabilization resources and services.
    Sec. 28.  Section 232.2, subsection 22, paragraph b, subparagraphs (1) and (5), Code 2020, are amended to read as follows:
   (1)  Conducting in-person interviews with the child, if the child’s age is appropriate for the interview, and interviewing each parent, guardian, or other person having custody of the child, if authorized by counsel.  All interviews conducted shall be recorded and made a part of the court record.
   (5)  Obtaining firsthand knowledge, if possible, of the facts, circumstances, and parties involved in the matter in which the person is appointed guardian ad litem.
    Sec. 29.  Section 232.2, subsection 22, paragraph c, Code 2020, is amended to read as follows:
   c.  The order appointing the guardian ad litem shall grant authorization to the guardian ad litem to interview any relevant person and inspect and copy any records relevant to the proceedings, if not prohibited by federal law. The order shall specify that the guardian ad litem may interview any person providing medical, mental health, social, educational, or other services to the child, may attend any departmental staff meeting, case conference, or meeting with medical or mental health providers, service providers, organizations, or educational institutions regarding the child, if deemed necessary by the guardian ad litem, and may shall inspect and copy any records relevant to the proceedings.
    Sec. 30.  Section 232.2, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  23A.  “Imminent danger” means an emergency situation in which the welfare or life of a child is threatened. A child is in imminent danger when there is reasonable cause to believe one of the following conditions exist and substantial additional harm threatening the life or health of a child is likely to occur before a court order authorizing removal of a child from a child’s home is obtained:
   a.  Prostitution, coerced sexual activity, or coerced sexual exploitation.
   b.  Nonaccidental trauma inflicted by a parent, guardian, custodian, sibling, child care provider or other caretaker, to include intentional infliction of bodily injury resulting in broken bones, burns, lacerations, or beatings.
   c.  Nutritional deprivation in circumstances involving nonorganic failure to thrive of a child under five years of age or of a child who is physically or mentally challenged who is malnourished or dehydrated to such a degree that the child is in immediate jeopardy of loss of life or subject to permanent physical impairment unless treatment is provided immediately. 
   d.  Abandonment.
   e.  A condition requiring emergency medical treatment which, if left untreated, will likely result in permanent physical damage. In such a situation, a parent who seeks secondary or alternative medical advice shall not be deemed as unreasonable or unwilling to provide care.
   f.  Substantial emotional injury which shall include only the threat of imminent suicide of a child which a parent, guardian, custodian, or other caretaker is unwilling to address or take precautionary measures to avoid. 
    Sec. 31.  Section 232.2, subsection 39, Code 2020, is amended to read as follows:
   39.  “Parent” means a biological or adoptive mother or father of a child; or a father whose paternity has been established by operation of law due to the individual’s marriage to the mother at the time of conception, birth, or at any time during the period between conception and birth of the child, by order of a court of competent jurisdiction, or by administrative order when authorized by state law. “Parent” but does not include a mother or father whose parental rights have been terminated.
    Sec. 32.  Section 232.2, subsection 45A, Code 2020, is amended to read as follows:
   45A.  “Reasonable and prudent parent standard” means the same as defined in section 237.1 a standard for a parent, guardian, custodian, or an out-of-home care provider to use in making decisions concerning a child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities that are characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the child while at the same time encouraging the emotional and developmental growth of the child. For purposes of this subsection, “age or developmentally appropriate activities” means activities that are generally accepted as suitable for children of a given chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical, and behavioral capacities that are typical of children of a given age or age group or, in the case of a specific child, activities that are suitable for the child based on the cognitive, emotional, physical, and behavioral capacities of that child.
    Sec. 33.  Section 232.2, subsection 47, Code 2020, is amended to read as follows:
   47.  “Residual parental rights and responsibilities” means those rights and responsibilities remaining with the parent after transfer of legal custody or guardianship of the person of the child. These include but are not limited to the right of visitation, the right to consent to adoption, the right to make educational and medical decisions, and the responsibility for support up to the point of any termination of the parent-child relationship and adoption. A parent who completes the necessary steps to have their child returned to their care shall not be required to reimburse the state. Such a parent shall be deemed to be a family in need of assistance who received stabilization services and resources.
    Sec. 34.  Section 232.2, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  54A.  “Stabilization plan” means the plan, mandated by Pub. L. No. 96-272 and Pub. L. No. 105-89, as codified in 42 U.S.C. §622(b)(10), 671(a)(16), and 675(1),(5), which is designed to achieve placement in the most appropriate, least restrictive, and most family-like setting available and in close proximity to the parent’s home, consistent with the best interests and special needs of the child, and which considers the placement’s proximity to the school in which the child is enrolled at the time of placement. The plan shall be developed by the department or agency involved and the child’s parent, guardian, or custodian. The plan shall specifically include all of the following:
   a.  Plans for carrying out the voluntary placement agreement or judicial determination pursuant to which the child entered care.
   b.  The type and appropriateness of the placement and services to be provided to the child or services needed by the family with detailed information of how the services benefit the family and how such services will help solve the family’s issues. 
   c.  The care and services that will be provided to the child, biological parents, and foster parents, with a detailed description of how the services promote the goal of keeping the family remaining intact. 
   d.  How the care and services will meet the needs of the child while in care and will facilitate the child’s return home or other permanent placement.
   e.  The most recent information available regarding the child’s health and education records, including the date the records were supplied to the agency or individual who is the child’s foster care provider. If the child remains in foster care until the age of majority, the child is entitled to receive, prior to discharge, the most recent information available regarding the child’s health and educational records.
   f.  Plans for retaining any suitable existing medical, dental, or mental health providers providing medical, dental, or mental health care to the child when the child entered foster care.
   g.  (1)  When a child is fourteen years of age or older, a written transition plan of services, supports, activities, and referrals to programs which, based upon an assessment of the child’s needs, would assist the child in preparing for the transition from foster care to adulthood. The transition plan and needs assessment shall be developed with a focus on the services, other support, and actions necessary to facilitate the child’s successful entry into adulthood. The transition plan shall be personalized at the direction of the child and shall be developed with the child present, honoring the goals and concerns of the child, and shall address the following areas of need for the child’s successful transition from foster care to adulthood, including but not limited to all of the following:
   (a)  Education.
   (b)  Employment services and other workforce support.
   (c)  Health and health care coverage.
   (d)  Housing and money management.
   (e)  Relationships, including local opportunities to have a mentor.
   (f)  If the needs assessment indicates the child is reasonably likely to need or be eligible for services or other support from the adult service system upon reaching age eighteen, the transition plan shall provide for the child’s application for adult services.
   (2)  The transition plan shall be considered a working document and shall be reviewed and updated during a periodic case review, which shall occur at a minimum of once every six months. The transition plan shall also be reviewed and updated during the ninety calendar-day period preceding the child’s eighteenth birthday and during the ninety calendar-day period immediately preceding the date the child is expected to exit foster care, if the child remains in foster care after the child’s eighteenth birthday. The transition plan may be reviewed and updated more frequently.
   (3)  The transition plan shall be developed and reviewed by the department in collaboration with a child-centered transition team. The transition team shall be comprised of the child’s caseworker and persons selected by the child, persons who have knowledge of services available to the child, and any person who may reasonably be expected to be a service provider for the child when the child becomes an adult or to become responsible for the costs of services at that time. If the child is reasonably likely to need or be eligible for adult services, the transition team membership shall include representatives from the adult services system. The membership of the transition team and the meeting dates for the team shall be documented in the transition plan.
   (4)  The final transition plan shall specifically identify how the need for housing will be addressed.
   (5)  If the child is interested in pursuing higher education, the transition plan shall provide for the child’s participation in the college student aid commission’s program of assistance in applying for federal and state aid under section 261.2.
   (6)  If the needs assessment indicates the child is reasonably likely to need or be eligible for services or other support from the adult service system upon reaching age eighteen, the transition plan shall be reviewed and approved by the transition committee for the area in which the child resides, in accordance with section 235.7, before the child reaches age seventeen and one-half. The transition committee’s review and approval shall be indicated in the case permanency plan.
   (7)  The transition plan shall include a provision for the department or a designee of the department on or before the date the child reaches age eighteen, unless the child has been placed in foster care for less than thirty days, to provide to the child written verification of the child’s foster care status, and a certified copy of the child’s birth certificate, social security card, and driver’s license or government-issued nonoperator’s identification card. The fee for the certified copy of the child’s birth certificate that is otherwise chargeable under section 144.13A, 144.46, or 331.605 shall be waived by the state or county registrar.
   h.  The actions expected of the parent, guardian, or custodian in order for the department or agency to recommend that the court terminate a dispositional order for the child’s out-of-home placement and for the department or agency to end its involvement with the child and the child’s family.
   i.  If reasonable efforts to place a child for adoption or with a guardian are made concurrently with reasonable efforts as defined in section 232.102, the concurrent goals and timelines may be identified. Concurrent case permanency plan goals for reunification, and for adoption or for other permanent out-of-home placement of a child shall not be considered inconsistent in that the goals reflect divergent possible outcomes for a child in an out-of-home placement.
   j.  A provision that a designee of the department or other person responsible for placement of a child out of state shall visit the child at least once every six months.
   k.  If it has been determined that the child cannot return to the child’s home, documentation of the steps taken to make and finalize an adoption or other permanent placement.
   l.  If it is part of the child’s records or it is otherwise known that the child has behaved in a manner that threatened the safety of another person, has committed a violent act causing bodily injury to another person, or has been a victim or perpetrator of sexual abuse, that information shall be addressed in the plan and shall be provided to the child’s parent, guardian, or foster parent or other person with custody of the child. The information shall be provided whether the child’s placement is voluntary or made pursuant to a court determination. The information shall be provided at the time it is learned by the department or agency developing the plan and, if possible, at the time of the child’s placement. The information shall only be withheld if ordered by the court or it is determined by the department or agency developing the plan that providing the information would be detrimental to the child or to the family with whom the child is living. In determining whether providing the information would be detrimental, the court, department, or agency shall consider any history of abuse within the child’s family or toward the child.
   m.  The provisions involving sibling visitation or interaction required under section 232.108.
   n.  Documentation of the educational stability of the child while in foster care. The documentation shall include but is not limited to all of the following:
   (1)  Evidence there was an evaluation of the appropriateness of the child’s educational setting while in placement and of the setting’s proximity to the educational setting in which the child was enrolled at the time of placement.
   (2)  An assurance either that the department coordinated with appropriate local educational agencies to identify how the child could remain in the educational setting in which the child was enrolled at the time of placement or, if it was determined it was not in the child’s best interest to remain in that setting, that the affected educational agencies would immediately and appropriately enroll the child in another educational setting during the child’s placement and ensure that the child’s educational records were provided for use in the new educational setting. For the purposes of this subparagraph, “local educational agencies” means the same as defined in the federal Elementary and Secondary Education Act of 1965, §9101, as codified in 20 U.S.C. §7801(26).
   o.  Any issues relating to the application of the reasonable and prudent parent standard and the child’s participation in age or developmentally appropriate activities while in foster care. 
    Sec. 35.  Section 232.2, subsection 58, Code 2020, is amended to read as follows:
   58.  “Voluntary placement” means a foster care placement in which the department provides foster care services to a child according to a signed placement agreement between the department and the child’s parent or guardian or a voluntary removal made by and agreed to by the parent to a custodian or guardian of the parent’s choice, who shall assume the responsibilities of the parent for a temporary period of time.
    Sec. 36.  Section 232.57, subsection 1, Code 2020, is amended to read as follows:
   1.  For the purposes of this division, unless the context otherwise requires, “reasonable efforts” means the same as described in section 232.2, subsection 45B, and includes efforts made to prevent permanent removal of a child from the child’s home and to encourage reunification of the child with the child’s parents and family. Reasonable efforts shall include but are not limited to giving consideration, if appropriate, to interstate placement of a child in the permanency planning decisions involving the child and giving consideration to in-state and out-of-state placement options at a permanency hearing and when using concurrent planning. If a court order includes a determination that continuation of the child in the child’s home is not appropriate or not possible, reasonable efforts may include the efforts made in a timely manner to finalize a permanency plan for the child.
    Sec. 37.  NEW SECTION.  232.60  Right to jury trial.
   Parents, custodians, and guardians shall have the right to demand a jury trial in cases involving child custody and marriage dissolution, in accordance with the provisions of the Constitution of the United States, and the Constitution of the State of Iowa. 
    Sec. 38.  Section 232.62, subsection 2, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   The court may transfer any child in need of assistance proceedings brought under this chapter to the juvenile civil or family court of any county having venue at any stage in the proceedings as follows:
    Sec. 39.  Section 232.67, Code 2020, is amended to read as follows:
   232.67  Legislative findings —— purpose and policy.
   Children in this state are in urgent need of protection from abuse. It is the purpose and policy of this part 2 of division III to provide the greatest possible protection to victims or potential victims of abuse through encouraging the increased reporting of suspected cases of abuse, ensuring the thorough and prompt assessment of these reports, and providing rehabilitative, restorative, and stabilization services, where appropriate and whenever possible to abused children and their families which will stabilize the home environment so that the family can remain intact without further danger to the child.
    Sec. 40.  Section 232.68, subsection 2, paragraph a, subparagraph (4), Code 2020, is amended by adding the following new subparagraph division:
   NEW SUBPARAGRAPH DIVISION.  (d)  The choice by a parent or guardian to seek a second medical opinion related to a medical condition shall not be considered child abuse.
    Sec. 41.  Section 232.68, subsections 2A and 4, Code 2020, are amended to read as follows:
   2A.  “Child protection worker” “Child and family safety investigator” means an individual designated by the department to perform an assessment in response to a report of child abuse who does all of the following:
   a.  Coordinates, facilitates, and secures access to recommended services for a parent, guardian, or custodian at state expense if the parent, guardian, or custodian is unable to pay for the services.
   b.  Monitors a family’s progress in achieving goals set to keep a child within the child’s home and prepares a report for members of the family’s care team.
   c.  Provides education and information.
   d.  Helps facilitate parenting time.
   e.  Protects, preserves, and promotes the inalienable rights of children and families. 
   f.  Meets all of the following qualifications:
   (1)  Has earned at least a bachelor’s degree in education, social work, psychology, sociology, addiction treatment, family therapy, or a related field. A waiver may be made if a candidate is within one year of completing an educational program in a subject area specified in this subparagraph. 
   (2)  Has at least two years of experience working with vulnerable populations.
   (3)  Has completed continuing education training in the fundamentals of family and constitutional rights, diversity in cultural and ethnic awareness, indications of drug use and abuse, and mental health awareness.
   (4)  Is willing and able to pass a preemployment drug screening and agrees to random drug screening after employment. 
   (5)  Shall not have a history of violence against vulnerable populations, been convicted of a forcible felony, or have a history of substance abuse within the five years immediately preceding employment.
   4.  “Department” means the state department of human services family stabilization and preservation and includes the local, county, and service area offices of the department.
    Sec. 42.  Section 232.68, subsection 3, paragraphs a and b, Code 2020, are amended to read as follows:
   a.  “Interview” means the verbal exchange between the a child protection worker and family safety investigator and the child for the purpose of developing information necessary to protect the child. A child protection worker and family safety investigator is not precluded from recording visible evidence of abuse.
   b.  “Observation” means direct physical viewing of a child under the age of four by the a child protection worker and family safety investigator where the viewing is limited to the child’s body other than the genitalia and pubes. “Observation” also means direct physical viewing of a child aged four or older by the a child protection worker and family safety investigator without touching the child or removing an article of the child’s clothing, and doing so without the consent of the child’s parent, custodian, or guardian. A child protection worker and family safety investigator is not precluded from recording evidence of abuse obtained as a result of a child’s voluntary removal of an article of clothing without inducement by the a child protection worker and family safety investigator. However, if prior consent of the child’s parent or guardian, or an ex parte court order, is obtained, “observation” may include viewing the child’s unclothed body other than the genitalia and pubes.
    Sec. 43.  Section 232.68, subsection 5, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   “Differential response” means an assessment system in which there are two discrete pathways to respond to accepted reports of child abuse, a child abuse assessment and a family assessment. The child abuse assessment pathway shall require a determination of abuse and a determination of whether criteria for placement on the central abuse registry are met. As used in this subsection and this part:
    Sec. 44.  Section 232.68, subsection 5, paragraph b, Code 2020, is amended to read as follows:
   b.  “Child abuse assessment” means an assessment process by which the department responds to all accepted reports of child abuse which allege child abuse as defined in subsection 2, paragraph “a”, subparagraphs (1) through (3) and subparagraphs (5) through (10), or which allege child abuse as defined in subsection 2, paragraph “a”, subparagraph (4), that also allege imminent danger, death, or injury to a child. A “child abuse assessment” results in a disposition and a determination of whether a case meets the definition of child abuse and a determination of whether criteria for placement on the registry are met.
    Sec. 45.  Section 232.71B, subsection 4, paragraph a, subparagraph (2), Code 2020, is amended to read as follows:
   (2)  An evaluation of the home environment. If concerns regarding protection of children are identified by the child protection worker and family safety investigator, the child protection worker and family safety investigator shall evaluate the child named in the report and any other children in the same home as the parents or other persons responsible for their care.
    Sec. 46.  Section 232.71B, subsection 4, paragraph b, subparagraph (4), Code 2020, is amended to read as follows:
   (4)  An interview of the person alleged to have committed the child abuse, if the person’s identity and location are known. The offer of an interview shall be made to the person prior to any consideration or determination being made that the person committed the alleged abuse. The person shall be informed of the complaint or allegation made regarding the person. The person shall be informed in a manner that protects the confidentiality rights of the individual who reported the child abuse or provided information as part of the assessment process and the constitutional rights of the child and the family against whom the complaint was made. The purpose of the interview shall be to provide the person with the opportunity to explain or rebut the allegations of the child abuse report or other allegations made during the assessment. The court may waive the requirement to offer the interview only for good cause. The person offered an interview, or the person’s attorney on the person’s behalf, may decline the offer of an interview of the person.
    Sec. 47.  Section 232.71B, subsection 7, Code 2020, is amended to read as follows:
   7.  Facility or school visit.  The assessment may include a visit to a facility providing care to the child named in the report or to any public or private school subject to the authority of the department of education where the child named in the report is located. The administrator of a facility, or a public or private school shall cooperate with the child protection worker and family safety investigator by providing confidential access to the child named in the report for the purpose of interviewing the child, and shall allow the child protection worker and family safety investigator confidential access to other children for the purpose of conducting interviews in order to obtain relevant information. The child protection worker and family safety investigator may observe a child named in a report in accordance with the provisions of section 232.68, subsection 3, paragraph “b”. A witness shall be present during an observation of a child. Any child aged ten years of age or older can terminate contact with the child protection worker and family safety investigator by stating or indicating the child’s wish to discontinue the contact. The immunity granted by section 232.73 applies to acts or omissions in good faith of administrators and their facilities or school districts for cooperating in an assessment and allowing confidential access to a child.
    Sec. 48.  Section 232.71B, subsection 8, paragraph b, Code 2020, is amended to read as follows:
   b.  In performing an assessment, the department may request criminal history data from the department of public safety on any person believed to be responsible for an injury to a child which, if confirmed and criminally prosecuted, would constitute child abuse. The department shall establish procedures for determining when a criminal history records check is necessary.
    Sec. 49.  Section 232.71B, subsection 13, paragraph e, Code 2020, is amended to read as follows:
   e.  If after completing the assessment the child protection worker and family safety investigator determines, with the concurrence of the worker’s supervisor and the department’s area administrator, that a report of suspected child abuse is a spurious report or that protective concerns are not present, the portions of the written assessment report described under paragraph “a”, subparagraphs (3) and (4) shall not be required.
    Sec. 50.  Section 232.72, subsection 1, Code 2020, is amended to read as follows:
   1.  For the purposes of this division, the terms “department of human services” “department of family stabilization and preservation”, “department”, or “county attorney” ordinarily refer to the service area or local office of the department of human services family stabilization and preservation or of the county attorney’s office serving the county in which the child’s home is located.
    Sec. 51.  Section 232.73, subsection 1, Code 2020, is amended to read as follows:
   1.  A person participating in good faith in the making of a report, photographs, or X rays, or in the performance of a medically relevant test pursuant to this chapter, or aiding and assisting in an assessment of a child abuse report pursuant to section 232.71B, shall have immunity from any liability, civil or criminal, which might otherwise be incurred or imposed, unless there is a violation of the Iowa criminal code or faulty medical equipment which leads to false results. The person shall have the same immunity with respect to participation in good faith in any judicial proceeding resulting from the report or relating to the subject matter of the report.
    Sec. 52.  Section 232.75, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  Any person, official, agency, or institution that engages in perjury; the falsification of documents, medical records, school records, or any other records; or that participates in retaliation, intimidation, coercion, obstruction of justice, or abuse of power, shall be subject to criminal prosecution.
    Sec. 53.  Section 232.76, subsection 2, Code 2020, is amended to read as follows:
   2.  a.  For the purposes of this subsection, in addition to the definition in section 232.68, a “child protection worker” “child and family safety investigator” also includes any employee of the department who provides services to or otherwise works directly with children and families for whom child abuse has been alleged.
   b.  The training of a child protection worker and family safety investigator shall include but is not limited to the worker’s legal duties to protect the constitutional and statutory rights of a child and the child’s family members throughout the child or family members’ period of involvement with the department beginning with the child abuse report and ending with the department’s closure of the case. The curriculum used for the training shall specifically include instruction on the fourth amendment to the Constitution of the United States and parents’ legal rights.
    Sec. 54.  Section 232.78, subsection 1, paragraph b, subparagraphs (1) and (2), Code 2020, are amended to read as follows:
   (1)  The refusal or failure of the person responsible for the care of the child to comply with the request of a peace officer, juvenile court officer, or child protection worker and family safety investigator for such person to obtain and provide to the requester the results of a physical or mental examination of the child. The request for a physical examination of the child may specify the performance of a medically relevant test.
   (2)  The refusal or failure of the person responsible for the care of the child or a person present in the person’s home to comply with a request of a peace officer, juvenile court officer, or child protection worker and family safety investigator for such a person to submit to and provide to the requester the results of a medically relevant test of the person.
    Sec. 55.  NEW SECTION.  232.81A  Initial contact with family.
   1.  Upon initial contact with a person responsible for the care of a child, a social investigator shall provide:
   a.  Proof of identity, including any department insignia, and worker identification number. A state vehicle driven by a social investigator making an initial contact pursuant to this section shall bear the insignia of the department by an affixed sticker, magnet, or other means that is unique and distinct to the department.
   b.  Contact information for the investigator, the name of the investigator’s immediate supervisor, and written notice of rights explaining the parent’s rights and responsibilities according to the law. The notice of rights shall include all of the following information:
   (1)  The person responsible for the care of a child is not required to permit the investigator to enter the residence of the person responsible for the care of a child. However, if permission is refused, the juvenile court, family court, or district court may authorize the social investigator to enter the home to interview or observe the child upon a showing of probable cause.
   (2)  The person responsible for the care of a child is not required to speak with the investigator.
   (3)  The person responsible for the care of a child is entitled to seek the representation of an attorney and to have an attorney present when the person responsible for the care of a child is questioned by the social investigator. 
   (4)  Any statement made by the person responsible for the care of a child or any statements made by other family members may be used against the person responsible for the care of a child in an administrative or court proceeding.
   (5)  The social investigator is not an attorney and cannot provide legal advice to the person responsible for the care of a child.
   (6)  The person responsible for the care of a child is not required to sign any document presented by the social investigator including but not limited to a release of claims or a service agreement and is entitled to have an attorney review any document before agreeing to sign any document. 
   (7)  A failure of the person responsible for the care of a child to communicate with the social investigator may have serious consequences, which may include the department’s filing of a petition for the removal of a child from the home of the person responsible for the care of a child, and it is in the best interest of the person responsible for the care of a child to speak with the social investigator or immediately seek the advice of an attorney. 
   (a)  The social investigator shall request that the person responsible for the care of a child sign and date the written notice of rights as evidence of having received the notice. 
   (b)  If the person responsible for the care of a child refuses to sign and date the notice of rights, the investigator shall specifically indicate on the notice that the person responsible for the care of a child was requested to sign and date the notice and refused to do so, and the social investigator shall sign the notice as witness to the refusal. The department shall provide the person responsible for the care of a child with a copy of the signed notice at the time of the department’s initial face-to-face contact with the person responsible for the care of a child. 
   (c)  If the initial contact with the person responsible for the care of a child occurs telephonically, the department shall orally provide the person with notice of that person’s rights as specified in this paragraph. If the department has provided oral notice, the department shall also provide written notice upon the department’s initial face-to-face contact with the person responsible for the care of a child. 
   (d)  The department shall make reasonable efforts to ensure that the notice provided to a person responsible for the care of a child is provided in a manner that will be understood by the person responsible for the care of a child, including but not limited to ensuring that the notice is provided in language understood by the person responsible for the care of a child. 
   (e)  Any statement made by the person responsible for the care of a child, or by a child who is a member of the person’s family or household to the investigator prior to the provision of notice as described in subparagraph division (a), or any statement made by the person responsible for the care of a child prior to the provision of notice as described in subparagraph division (b), shall be deemed inadmissible in any administrative or court proceeding.
   2.  For purposes of subsection 1, paragraph “b”, “person responsible for the care of a child” means the same as described in section 232.68, subsection 8, paragraphs “a” and “b”. 
   3.  a.  All social investigators shall record the initial contact with the family. The recording shall include all of the following information:
   (1)  The investigator’s name, identification number, and the name of the social investigator’s supervisor.
   (2)  The alleged complaint and the person who is the point of contact.
   (3)  The date, time, and place where the contact occurred.
   b.  A recording created pursuant to this subsection may be video, audio, or both, and may be made on a department-issued cell phone, body camera, or other department-issued recording device.
   c.  The department shall employ an independent vendor to create and maintain a digital record of an initial contact. The digital record must include documentation of the receipt of the notice of rights and shall include a signed or recorded statement from the parents, or a detailed record of refusal. 
   4.  A social investigator is authorized to leave a notice of rights in the mailbox of a parent under investigation; however, a certified copy of the notice of rights must be mailed within twenty-four hours of an initial contact attempt.
   5.  A parent’s acknowledgment of the notice of rights does not constitute agreement for services nor shall it be construed as an admission of guilt. 
    Sec. 56.  Section 232.104, subsection 1, paragraph a, subparagraph (1), Code 2020, is amended to read as follows:
   (1)  For a temporary removal order entered under section 232.78, 232.95, or 232.96, for a child who was removed without a court order under section 232.79, or for an order entered under section 232.102, for which the court has not waived reasonable efforts requirements, the permanency hearing shall be held within twelve months of the date the child was removed from the home.  A parent shall have the right to demand a jury trial for any proceeding that involves the right of a parent to raise the parent’s child.
    Sec. 57.  Section 232.108, subsection 1, Code 2020, is amended to read as follows:
   1.  If the court orders the transfer of custody of a child and siblings to the department or other agency for placement under this division, under division II, relating to juvenile delinquency proceedings, or under any other provision of this chapter, the department or other agency shall make a reasonable effort to place the child and siblings together in the same placement. The requirement of this subsection remains applicable to custody transfer orders made at separate times and applies in addition to efforts made by the department or agency to place the child with a relative.  Interference with the exercise of the protected rights of sibling visitation shall be a serious or aggravated misdemeanor and shall be considered a violation of chapter 720.
    Sec. 58.  Section 232.116, subsection 1, paragraph b, Code 2020, is amended to read as follows:
   b.  The court or jury finds that there is clear and convincing evidence that the child has been abandoned or deserted.
    Sec. 59.  Section 232.116, subsection 3, paragraph e, Code 2020, is amended by striking the paragraph.
    Sec. 60.  REPEAL.  Sections 217.8 and 217.9, Code 2020, are repealed.
DIVISION III
DEPARTMENT OF HUMAN SERVICES WORK GROUP

    Sec. 61.  DEPARTMENT OF HUMAN SERVICES —— CHILD AND FAMILY SERVICES WORK GROUP.
   1.  The department of human services, in conjunction with the department of public health and the department of corrections, shall convene a work group of representatives of state and local agencies who have experience and expertise in child and family services, child protection investigations, child protective services, and child abuse and neglect. 
   2.  The purpose of the work group is to review current practices, and how those practices can be amended in accordance with this act to improve child safety and the preservation of families, to establish consistent and statewide practices that promote and ensure effective policies and procedures to address issues associated with intervention of any governmental agency into the private institution of a family, and to ensure that criminal investigations are conducted by law enforcement with child and family services being provided by the department.
   3.  The work group shall submit a written report to the general assembly regarding the findings and recommendations of the work group by December 1, 2020.
DIVISION IV
CORRESPONDING AMENDMENTS LEGISLATION

    Sec. 62.  CORRESPONDING AMENDMENTS LEGISLATION.  Additional legislation is required to fully implement divisions I and II of this Act. The director of the department of human resources shall, in compliance with section 2.16, prepare draft legislation for submission to the legislative services agency, as necessary, to implement the transition and elimination of authority and duties under divisions I and II of this Act and to implement the transition and elimination of authority and duties under other provisions of law including but not limited to the duties and authority of the department of human services, juvenile justice, and child and family services, and any division, commission, or subunit of such entities or offices.
DIVISION V
EFFECTIVE DATE

    Sec. 63.  EFFECTIVE DATE.  This Act takes effect on July 1, 2021.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to human services by establishing the department of family stabilization and preservation, establishing the department of health services, and providing penalties.
   Division I of the bill establishes the department of family stabilization and preservation and the department of health services. The department of family stabilization and preservation is established to be responsible for providing access to services and resources to families, children, and dependent adults in crisis, and the department of health services is established to be responsible for providing medical and medical-related services. A board of family stabilization and preservation and a board of health are created within the respective departments. The services provided by the new departments are currently provided by the department of human services. 
   Division II of the bill amends sections in Code chapter 232 concerning juvenile justice. The bill provides that the department of family stabilization and preservation, not the department of human services, will be responsible for implementing the provisions of that Code chapter including child custody, judicial proceedings, child in need of assistance proceedings, termination of parent-child relationship proceedings, and family in need of assistance proceedings. The bill strikes references in the Code chapter to the department of human services. 
   Division III of the bill calls for the department of human services, in conjunction with the departments of public health and corrections to convene a work group to review current practices, and how those practices can be amended in accordance with the bill to improve child safety and the preservation of families, to establish consistent and statewide practices that promote and ensure effective policies and procedures to address issues associated with intervention of any governmental agency into the private institution of a family, and to ensure that criminal investigations are conducted by law enforcement with child and family services being provided by the department. The work group is required to submit a report to the general assembly by December 1, 2020. 
   Division IV of the bill provides that additional legislation is required to fully implement divisions I and II of the bill, and requires the director of the department of human services to prepare draft legislation for submission to the legislative services agency to implement the transition and elimination of authority of the department of human services and duties under divisions I and II of the bill and to implement the transition and elimination of authority and duties under other provisions of law including but not limited to the duties and authority of the department of human services, juvenile justice, and child and family services, and any division, commission, or subunit of such entities or offices.
   The bill takes effect July 1, 2021.