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:
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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
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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:
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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
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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,
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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
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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.
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