House Study Bill 184 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF HUMAN SERVICES BILL) A BILL FOR An Act relating to juvenile justice, including provisions 1 relating to child foster care and parent visitation in child 2 in need of assistance proceedings. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1265XD (6) 88 hb/rh
S.F. _____ H.F. _____ Section 1. Section 232.2, subsection 4, Code 2019, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0f. Plans for retaining any suitable 3 existing medical, dental, or mental health providers providing 4 medical, dental, or mental health care to the child when the 5 child entered foster care. 6 Sec. 2. Section 232.2, subsection 4, paragraph f, 7 subparagraph (7), Code 2019, is amended to read as follows: 8 (7) Provision The transition plan shall include a provision 9 for the department or a designee of the department on or before 10 the date the child reaches age eighteen, unless the child 11 has been placed in foster care for less than thirty days, 12 to provide to the child written verification of the child’s 13 foster care status, and a certified copy of the child’s birth 14 certificate, social security card, and driver’s license or 15 government-issued nonoperator’s identification card. The fee 16 for the certified copy of the child’s birth certificate that is 17 otherwise chargeable under section 144.13A , 144.46 , or 331.605 18 shall be waived by the state or county registrar. 19 Sec. 3. Section 232.107, Code 2019, is amended to read as 20 follows: 21 232.107 Parent visitation. 22 If a child is removed from the child’s home in accordance 23 with an order entered under this division based upon evidence 24 indicating the presence of an illegal drug in the child’s body , 25 unless the court finds that substantial evidence exists to 26 believe that reasonable visitation or supervised visitation 27 would cause an imminent risk to the child’s life or health, the 28 order shall allow the child’s parent reasonable visitation or 29 supervised visitation with the child. 30 Sec. 4. Section 237.1, subsection 4, paragraph f, Code 2019, 31 is amended to read as follows: 32 f. Care furnished by a relative of a child for more than 33 twenty days in one calendar year, or an individual person with 34 a meaningful relationship with the child where the child is not 35 -1- LSB 1265XD (6) 88 hb/rh 1/ 6
S.F. _____ H.F. _____ under the placement, care, or supervision of the department. 1 Sec. 5. Section 237.8, subsection 2, paragraph a, 2 subparagraphs (1) and (2), Code 2019, are amended to read as 3 follows: 4 (1) If a person is being considered for licensure under 5 this chapter , or for employment involving direct responsibility 6 for a child or with access to a child when the child is alone 7 in a facility where children reside , by a licensee under this 8 chapter , or if a person will reside in a facility utilized by 9 a licensee, and if the person has been convicted of a crime 10 or has a record of founded child abuse, the department and 11 the licensee for an employee of the licensee shall perform 12 an evaluation to determine whether the crime or founded 13 child abuse warrants prohibition of licensure, employment, 14 or residence in the facility. The department shall conduct 15 criminal and child abuse record checks in this state and may 16 conduct these checks in other states. The evaluation shall 17 be performed in accordance with procedures adopted for this 18 purpose by the department. 19 (2) For an individual If an individual is being considered 20 for licensure under this chapter, or for employment involving 21 direct responsibility for a child or in a facility where 22 children reside, by a licensee under this chapter, or if an 23 individual will reside in a facility utilized by a licensee, 24 or if an individual is subject to licensure under this chapter 25 as a foster parent, in addition to the record checks conducted 26 under subparagraph (1), the individual’s fingerprints shall 27 be provided to the department of public safety for submission 28 through the state criminal history repository to the United 29 States department of justice, federal bureau of investigation 30 for a national criminal history check. The cost of the 31 criminal history check conducted under this subparagraph is the 32 responsibility of the department of human services. 33 Sec. 6. Section 237.8, subsection 2, paragraph a, Code 2019, 34 is amended by adding the following new subparagraphs: 35 -2- LSB 1265XD (6) 88 hb/rh 2/ 6
S.F. _____ H.F. _____ NEW SUBPARAGRAPH . (02) If the criminal and child abuse 1 record checks conducted in this state under subparagraph (1) 2 for an individual being considered for licensure under this 3 chapter, or for employment involving direct responsibility for 4 a child or in a facility where children reside, by a licensee 5 under this chapter, or for an individual who will reside in 6 a facility utilized by a licensee, have been completed and 7 the individual either does not have a record of crime or 8 founded child abuse or the department’s evaluation of the 9 record has determined that prohibition of the individual’s 10 licensure or employment is not warranted, the individual may 11 be provisionally approved for licensure or employment pending 12 the outcome of the fingerprint-based criminal history check 13 conducted pursuant to subparagraph (2). 14 NEW SUBPARAGRAPH . (002) An individual being considered 15 for licensure under this chapter, or for employment involving 16 direct responsibility for a child or in a facility where 17 children reside, by a licensee under this chapter, or for 18 an individual who will reside in a facility utilized by a 19 licensee, shall not be granted a license or be employed and an 20 evaluation shall not be performed under this subsection if the 21 individual has been convicted of any of the following felony 22 offenses: 23 (a) Within the five-year period preceding the application 24 date, a drug-related offense. 25 (b) Child endangerment or neglect or abandonment of a 26 dependent person. 27 (c) Domestic abuse. 28 (d) A crime against a child, including but not limited to 29 sexual exploitation of a minor. 30 (e) A forcible felony. 31 Sec. 7. DIRECTIVE TO DEPARTMENT OF HUMAN SERVICES —— FOSTER 32 CARE CASE PERMANENCY PLAN. The department of human services 33 shall amend its administrative rules pursuant to chapter 17A 34 to provide that a case permanency plan for a child placed 35 -3- LSB 1265XD (6) 88 hb/rh 3/ 6
S.F. _____ H.F. _____ in foster care shall include information describing efforts 1 to maintain suitable mental health care and medical health 2 care for the child to avoid inappropriate diagnoses of mental 3 illness, other emotional or behavioral disorders, medically 4 fragile conditions, and developmental disabilities. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to juvenile justice including provisions 9 relating to child foster care placement and parent visitation 10 in child in need of assistance proceedings. 11 CHILD FOSTER CARE. The bill requires a case permanency 12 plan for a child placed in foster care to include certain 13 information relating to the placement including certain care 14 and services provided to the child that meet the child’s needs. 15 The bill provides that the case permanency plan shall also 16 include plans for retaining any suitable existing medical, 17 dental, or mental health providers providing medical, dental, 18 or mental health care to the child when the child entered 19 foster care. The bill directs the department of human services 20 (DHS) to amend its administrative rules to provide that a case 21 permanency plan for a child placed in foster care shall include 22 information describing efforts to maintain suitable mental 23 health care and medical health care in an effort to avoid 24 inappropriate diagnoses of mental illness, other emotional 25 or behavioral disorders, medically fragile conditions, and 26 developmental disabilities. 27 Under current law, when a child in foster care placement 28 is 14 years of age or older, a written transition plan of 29 services is developed by DHS or the appropriate agency and the 30 child’s parent, guardian, or custodian and included in the case 31 permanency plan to assist the child in preparing to transition 32 from foster care to adulthood. The transition plan must 33 include a provision for DHS to provide to the child a certified 34 copy of the child’s birth certificate, social security card, 35 -4- LSB 1265XD (6) 88 hb/rh 4/ 6
S.F. _____ H.F. _____ and driver’s license or government-issued nonoperator’s 1 identification card on or before the date the child reaches 18 2 years of age, unless the child has been placed in foster care 3 for less than 30 days. The bill expands current law to provide 4 that DHS shall also provide the child written verification of 5 the child’s foster care status. 6 Current law excludes from the definition of “child foster 7 care” care provided by a relative of a child for more than 8 20 days in one calendar year, where the child is not under 9 the placement, care, or supervision of DHS. The bill amends 10 this provision to instead provide that care provided by a 11 relative of a child or an individual person with a meaningful 12 relationship with the child, where the child is not under the 13 placement, care, or supervision of DHS, is a care situation 14 excluded from the definition. 15 Under current law, an individual (defined as an individual 16 person or a married couple who provides child foster care 17 in a home environment) who is subject to licensure under 18 Code chapter 237 (relating to child foster care facilities 19 and licensure) as a foster parent, in addition to criminal 20 and child abuse record checks, is required to provide the 21 individual’s fingerprints to the department of public safety 22 for submission through the state criminal history repository 23 to the United States department of justice, federal bureau of 24 investigation for a national criminal history check. The bill 25 expands the scope of individuals who must provide fingerprints 26 to include individuals being considered for licensure 27 under Code chapter 237, or for employment involving direct 28 responsibility for a child or in a facility where children 29 reside, and individuals who will reside in a facility utilized 30 by a licensee. 31 The bill provides that if the required criminal and child 32 abuse record checks have been completed for an individual 33 being considered for licensure or for employment involving 34 direct responsibility for a child or in a facility where 35 -5- LSB 1265XD (6) 88 hb/rh 5/ 6
S.F. _____ H.F. _____ children reside, by a licensee under Code chapter 237, or for 1 an individual who will reside in a facility utilized by a 2 licensee and the individual does not have a record of crime 3 or founded child abuse, or the department’s evaluation of the 4 record has determined that the prohibition of the individual’s 5 licensure or employment is not warranted, the individual 6 may be provisionally approved for licensure or employment 7 pending the outcome of the fingerprint-based criminal history 8 check. However, such an individual shall not be licensed 9 or be employed and an evaluation shall not be performed if 10 the individual has been convicted of a felony-level offense 11 including: a drug-related offense within the five-year 12 period preceding the application date; child endangerment or 13 neglect or abandonment of a dependent person; domestic abuse; 14 a crime against a child, including but not limited to sexual 15 exploitation of a minor; or a forcible felony. 16 CHILD IN NEED OF ASSISTANCE —— PARENT VISITATION. Under 17 current law, if a child is removed from the child’s home in 18 a child in need of assistance proceeding based upon evidence 19 indicating the presence of an illegal drug in the child’s body, 20 unless the court finds that substantial evidence exists to 21 believe that reasonable visitation or supervised visitation 22 would cause an imminent risk to the child’s life or health, 23 the court shall allow the child’s parent reasonable visitation 24 or supervised visitation with the child. The bill strikes the 25 provision relating to a removal from the child’s home based 26 only upon evidence indicating the presence of an illegal drug 27 in the child’s body. 28 -6- LSB 1265XD (6) 88 hb/rh 6/ 6