Senate File 2325 - Introduced SENATE FILE 2325 BY SEGEBART A BILL FOR An Act relating to human services and juvenile justice 1 including child custody, child in need of assistance, and 2 family in need of assistance proceedings, establishing 3 the department of family stabilization and preservation, 4 providing penalties, and including effective date 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 6051XS (6) 88 as/rh

S.F. 2325 DIVISION I 1 DEPARTMENT OF FAMILY STABILIZATION AND PRESERVATION 2 Section 1. NEW SECTION . 217A.1 Definitions. 3 For purposes of this chapter, unless the context otherwise 4 requires: 5 1. “Board” means the board of the department of family 6 stabilization and preservation established in section 217A.4. 7 2. “Department” means the department of family stabilization 8 and preservation established in section 217A.2. 9 3. “Director” means the director of the department. 10 4. “Institution” means the same as defined in section 218.1. 11 Sec. 2. NEW SECTION . 217A.2 Department established. 12 1. The department of family stabilization and preservation 13 is established to be responsible for providing access to 14 services and resources to families, children, and dependent 15 adults in crisis. 16 2. “Crisis” for the purposes of this chapter includes but is 17 not limited to all of the following: 18 a. Lack of vital resources. 19 b. Lack of access to vital resources. 20 c. Lack of shelter. 21 d. Lack of transportation. 22 e. Lack of access to mental health services and resources. 23 f. Food insecurity. 24 g. Medical emergency. 25 h. Lack of access to court-ordered services. 26 3. Receipt of department services are voluntary unless, 27 with good cause, are ordered by a court in a criminal action. 28 Sec. 3. NEW SECTION . 217A.3 Family law court mediation 29 division. 30 1. This section establishes, within the department of 31 family stabilization and preservation, a family law court 32 mediation division for family matters including child custody, 33 dissolution of marriage, and civil family matters. 34 2. The district court may, on its own motion or on the 35 -1- LSB 6051XS (6) 88 as/rh 1/ 37

S.F. 2325 motion of any party, order the parties to participate in 1 mediation in any child custody, dissolution of marriage action, 2 or any other civil family matter. Mediation performed under 3 this section shall comply with the provisions of chapter 679C. 4 3. The supreme court shall prescribe rules for the mediation 5 program, including the circumstances under which the district 6 court may order participation in mediation. 7 4. Any dispute resolution program shall comply with all of 8 the following standards: 9 a. Participation in mediation shall include attendance 10 at a mediation session with the mediator and the parties 11 to the action, listening to the mediator’s explanation of 12 the mediation process, presentation of one party’s view of 13 the case, and listening to the response of the other party. 14 Participation in mediation does not require that the parties 15 reach an agreement. 16 b. The parties may choose the mediator, or the court shall 17 appoint a mediator. A court-appointed mediator shall meet the 18 qualifications established by the supreme court. 19 c. Parties to the mediation have the right to the advice and 20 presence of counsel at all times. 21 d. The parties to the mediation shall present any agreement 22 reached through the mediation to their attorneys, if any. 23 A mediation agreement reached by the parties shall not be 24 enforceable until approved by the court. 25 e. The costs of mediation shall be borne by the parties, 26 as agreed to by the parties, or as ordered by the court, and 27 may be taxed as court costs. Mediation shall be provided on a 28 sliding fee scale for parties who are determined to be indigent 29 pursuant to section 815.9. 30 5. The supreme court shall prescribe qualifications for 31 mediators under this section. The qualifications shall include 32 but are not limited to the ethical standards to be observed by 33 mediators. The qualifications shall not include a requirement 34 that the mediator be licensed to practice any particular 35 -2- LSB 6051XS (6) 88 as/rh 2/ 37

S.F. 2325 profession. 1 Sec. 4. NEW SECTION . 217A.4 Board created. 2 A board of family stabilization and preservation is created 3 within the department. The board shall consist of seven 4 members appointed by the governor subject to confirmation by 5 the senate. Not more than four members shall be from the same 6 political party. Members shall be residents of the state. 7 Six of the seven members shall be residents of a different 8 congressional district. Members of the boards shall serve 9 four-year staggered terms. 10 Sec. 5. NEW SECTION . 217A.5 Board of family stabilization 11 and preservation —— duties. 12 1. Organize annually and select a chairperson and a vice 13 chairperson. 14 2. Adopt and establish policies for the operation and 15 conduct of the department and the implementation of all 16 department programs. 17 3. Recommend to the governor the names of individuals 18 qualified for the position of director when a vacancy exists 19 in the office. 20 4. Report immediately to the governor any failure by the 21 director of the department to carry out any of the policy 22 decisions or directives of the board. 23 5. Adopt rules in accordance with chapter 17A as the 24 board deems necessary to transact its business and for the 25 administration and exercise of its powers and duties. 26 6. Make recommendations from time to time to the governor 27 and the general assembly. 28 7. Perform other functions as provided by law. 29 Sec. 6. NEW SECTION . 217A.6 Meetings. 30 The board shall meet at least twelve times a year. Special 31 meetings may be called by the chairperson or upon written 32 request of any three members of the board. The chairperson 33 shall preside at all meetings or in the chairperson’s absence, 34 the vice chairperson shall preside. The members of the board 35 -3- LSB 6051XS (6) 88 as/rh 3/ 37

S.F. 2325 shall be compensated as provided in section 7E.6 when attending 1 meetings. 2 Sec. 7. NEW SECTION . 217A.7 Director —— appointment and 3 qualifications. 4 1. The chief administrative officer for the department 5 shall be the director. The director shall be appointed by the 6 governor subject to confirmation by the senate and shall serve 7 at the pleasure of the governor. 8 2. The director shall not be selected on the basis of 9 political affiliation and while employed as the director, 10 shall not be a member of a political committee, participate in 11 a political campaign, be a candidate for a partisan elective 12 office, and shall not contribute to a political campaign fund, 13 except that the director may designate on the checkoff portion 14 of the state or federal income tax return, or both, a party 15 or parties to which a contribution is made pursuant to the 16 checkoff. The director shall not hold any other office under 17 the laws of the United States or of this or any state or hold 18 any position for profit, and shall work full-time to accomplish 19 the duties of the office. 20 Sec. 8. NEW SECTION . 217A.8 Director —— duties and 21 responsibilities. 22 1. The director shall: 23 a. Supervise the operations of the institutions under 24 the department’s jurisdiction and may delegate the powers 25 and authorities given the director by statute to officers or 26 employees of the department. 27 b. Supervise state agents whose duties relate primarily to 28 the department. 29 c. Establish and maintain a program to oversee community 30 programs to foster family preservation and stabilization and to 31 provide community support to ensure continuity and consistency 32 of the programs. The person responsible for implementing this 33 section shall report to the director. 34 d. The director may also provide rehabilitative treatment 35 -4- LSB 6051XS (6) 88 as/rh 4/ 37

S.F. 2325 and services to other persons who require the services. 1 The director shall identify all individuals agreeing to 2 services. Identification shall be made by a qualified medical 3 professional. The director shall consult with the department 4 of health services in providing habilitative services and 5 treatment to mentally and physically challenged persons. 6 e. Employ, assign, and reassign personnel as necessary for 7 the performance of duties and responsibilities assigned to 8 the department. Employees shall be selected on the basis of 9 fitness for work to be performed with due regard to training 10 and experience and are subject to chapter 19A. 11 f. Examine all state institutions and service providers 12 to determine their efficiency for adequate care, custody, and 13 training of their workers and report the findings to the board. 14 g. Prepare a budget for the department, subject to the 15 approval of the board, and other reports as required by law. 16 h. Develop long-range planning and an ongoing five-year 17 master plan. The director shall annually report to the general 18 assembly to inform its members as to the status and content of 19 the planning and master plan. 20 i. Supervise services and service providers at institutions 21 under the jurisdiction of the department who receive federal 22 or state tax dollars within the state as may be established 23 by the director. Persons committed to institutions under 24 the jurisdiction of the department may be transferred to the 25 facilities of the system and upon transfer shall be subject to 26 the same laws as pertain to the transferring institution. 27 j. Adopt rules, subject to the approval of the board, 28 pertaining to the internal management of institutions and 29 agencies under the director’s charge and necessary to carry out 30 the duties and powers outlined in this section. 31 2. The director may establish, for any service provider, 32 the guidelines of creating, implementing, and facilitating an 33 individual self-sufficiency plan or a family self-sufficiency 34 plan. 35 -5- LSB 6051XS (6) 88 as/rh 5/ 37

S.F. 2325 3. The director may establish a bonus pay system for 1 case managers whose cases result in family stabilization and 2 preservation and the protection of families in crisis. 3 4. The director may expend moneys from the support 4 allocation of the department as reimbursement for the 5 replacement or repair of personal items of the department’s 6 employees damaged or destroyed by clients of the department 7 while the employee is working. However, the reimbursement 8 shall not exceed one hundred fifty dollars for each item. The 9 director shall establish rules in accordance with chapter 17A 10 to carry out the purpose of this subsection. 11 5. The director may obtain assistance for the department 12 including construction, facility planning, data processing, and 13 project accomplishment by contracting under chapter 28E with 14 the department of general services. 15 Sec. 9. NEW SECTION . 217A.9 Official seal. 16 The department shall have an official seal with the words 17 “Iowa Department of Family Stabilization and Preservation” 18 and other engraved design as the board prescribes. Every 19 commission, order, or other paper of an official nature 20 executed by the department may be attested with the seal. 21 Sec. 10. NEW SECTION . 217A.10 Travel expenses. 22 The director, staff members, assistants, and employees, 23 in addition to a salary, shall receive necessary travel 24 expenses, calculated based on the nearest practicable route of 25 travel when engaged in the performance of official business. 26 Permission shall not be granted to any person to travel to 27 another state except by approval of the board. 28 Sec. 11. NEW SECTION . 217A.11 Report by department. 29 Annually, at the time provided by law, the department shall 30 make a report to the governor and the general assembly which 31 shall cover the annual period ending June 30 preceding the date 32 of the report and shall include all of the following: 33 1. An itemized statement of the department’s expenditures 34 for each program under the department’s administration. 35 -6- LSB 6051XS (6) 88 as/rh 6/ 37

S.F. 2325 2. Adequate and complete statistical reports for the state 1 as a whole concerning payments made under the department’s 2 administration. 3 3. Recommendations concerning changes in laws under the 4 department’s administration as the board deems necessary. 5 4. Observations and recommendations of the board and the 6 director relative to the programs of the department. 7 5. Information concerning long-range planning and the 8 master plan as provided by section 217A.8, subsection 1, 9 paragraph “h” . 10 6. Other information the board or the director deems 11 advisable or which is requested by the governor or the general 12 assembly. 13 Sec. 12. NEW SECTION . 217A.12 Confidentiality of records 14 —— report. 15 1. The following information regarding individuals 16 receiving services from the department is confidential: 17 a. Names and addresses of individuals receiving services 18 from the department, and the types of services or amounts of 19 assistance provided, except as otherwise provided in subsection 20 4. 21 b. Information concerning the social or economic conditions 22 or circumstances of a particular individual who is receiving or 23 has received services or assistance from the department. 24 c. Agency evaluations of information about a particular 25 individual. 26 d. Medical or psychiatric data including diagnosis and 27 past history of disease or disability concerning a particular 28 individual. 29 2. Information described in subsection 1 shall not be 30 disclosed to or used by any person or agency except for the 31 purposes of administration of the department’s programs of 32 services or assistance and shall not, except as otherwise 33 provided in subsection 4, be disclosed to or used by persons 34 or agencies outside the department unless they are subject to 35 -7- LSB 6051XS (6) 88 as/rh 7/ 37

S.F. 2325 standards of confidentiality comparable to those imposed on the 1 department by this section. 2 3. This section does not restrict the disclosure or use 3 of information regarding the cost, purpose, number of persons 4 served or assisted by, and results of any program administered 5 by the department, and other general and statistical 6 information, so long as the information does not identify 7 particular individuals served or assisted. 8 4. a. The general assembly finds and determines that 9 the use and disclosure of information as provided in this 10 subsection is for purposes directly connected with the 11 administration of the programs of services and assistance 12 referred to in this section and is essential for proper 13 administration. 14 b. Confidential information described in subsection 1, 15 paragraphs “a” , “b” , and “c” , shall be disclosed to public 16 officials for use in connection with official duties relating 17 to law enforcement, audits, and other purposes directly 18 connected with the administration of the programs, upon written 19 application to, and with the approval of the director or the 20 director’s designee. 21 5. Any reasonable grounds to believe that a public employee 22 has violated a provision of this section is grounds for 23 immediate removal from any access to confidential records or 24 suspension from duty without pay. 25 6. If it is established that a provision of this section 26 would cause any of the department’s programs of services 27 or assistance to become ineligible for federal funds, the 28 provision shall be limited or restricted to the extent 29 necessary to make the program eligible for federal funds. The 30 department shall adopt rules pursuant to chapter 17A necessary 31 to implement this subsection. 32 7. Violation of this section is a serious misdemeanor. 33 8. This section takes precedence over section 17A.12, 34 subsection 7. 35 -8- LSB 6051XS (6) 88 as/rh 8/ 37

S.F. 2325 Sec. 13. NEW SECTION . 217A.13 Action for damages. 1 A person may institute a civil action for damages under 2 chapter 232 or to restrain the dissemination of confidential 3 records set out in section 217A.12, subsection 1, in violation 4 of that section, and a person, agency, governmental body, 5 or similar entity, proven to have disseminated or to have 6 requested and received confidential records in violation of 7 section 217A.12, subsection 1, is liable for actual damages and 8 exemplary damages for each violation, and shall be liable for 9 court costs, expenses, and reasonable attorney fees incurred by 10 the party bringing the action. The award for damages shall not 11 be less than one hundred dollars. 12 Sec. 14. NEW SECTION . 217A.14 Powers of governor —— report 13 of abuses. 14 Section 217A.8, subsection 1, paragraph “a” , does not 15 limit the general supervisory or examining powers vested in 16 the governor by the laws or constitution of the state, or 17 legally vested by the governor in a committee appointed by 18 the governor. The superintendent of an institution shall 19 make reports to the board and the director as requested by 20 the board and the director, and the director shall report, in 21 writing, to the governor any abuses found to exist in any of 22 the institutions. 23 Sec. 15. NEW SECTION . 217A.15 Appointment of 24 superintendents of institutions. 25 1. The director shall appoint, subject to the approval of 26 the board, a superintendent of an institution. 27 2. A superintendent has the immediate custody and control, 28 subject to the orders and policies of the director, of all 29 property used in connection with the institution except as 30 otherwise provided by law. 31 3. The tenure of a superintendent shall be at the pleasure 32 of the director, but a superintendent may be removed for 33 inability or refusal to properly perform the duties of the 34 office. Removal shall occur only after an opportunity to 35 -9- LSB 6051XS (6) 88 as/rh 9/ 37

S.F. 2325 be heard before the board and the director and upon written 1 charges. The removal when made is final. 2 Sec. 16. NEW SECTION . 217A.16 Subordinate officers and 3 employees. 4 The director shall determine the number of subordinate 5 officers and employees for each institution, and the 6 compensation for subordinate officers and employees. Subject 7 to this chapter, the subordinate officers and employees shall 8 be appointed and discharged by the superintendent who shall 9 keep in the record of each subordinate officer and employee the 10 date of employment, the compensation, and the date of and the 11 reasons for each discharge. 12 DIVISION II 13 JUVENILE JUSTICE PROVISIONS 14 Sec. 17. FINDINGS —— FAMILIAL RIGHTS. 15 1. The legislature finds that the familial rights and 16 the liberty of families of origin to direct the upbringing, 17 education, and care of their children is a fundamental right. 18 The first amendment to the Constitution of the United States 19 guarantees the right of parents and children to have and 20 maintain intimate and expressive close family relations and 21 parent-child freedom of speech, association, worship, and 22 family privacy, the regulation of which shall be subject to 23 strict scrutiny, and the state shall not interfere with these 24 rights except upon the most compelling of justifications in 25 compliance with narrowly tailored laws and only where the 26 state has demonstrated that the means employed are the least 27 restrictive means relating to the rights of both parents and 28 children. When the state interferes with these first amendment 29 rights, the state irreparably harms children. 30 2. The familial right to direct education includes the 31 rights of parents to choose, as an alternative to public 32 education, private, religious, and home school education. A 33 parent shall have the right to make reasonable choices for 34 their child attending public school including the right to 35 -10- LSB 6051XS (6) 88 as/rh 10/ 37

S.F. 2325 make reasonable medical decisions and to train, direct, and 1 discipline their child in an appropriately corrective manner 2 and in a manner that promotes good citizenship. 3 3. The United States or the state shall not infringe on 4 the rights of families guaranteed by this section without 5 demonstrating that a governmental interest is of the highest 6 order and not capable of being achieved by less restrictive 7 means. The familial rights guaranteed by this section shall 8 not be denied or abridged due to any disability. 9 4. This section shall not be construed to apply to parental 10 actions or decisions that would place a child in imminent 11 danger as defined in section 232.2. 12 5. No treaty may be adopted nor shall any international law 13 be employed to supersede, modify, interpret, or apply to the 14 rights guaranteed by this section. 15 Sec. 18. Section 232.1, Code 2020, is amended to read as 16 follows: 17 232.1 Rules of construction. 18 1. This chapter shall be liberally construed to the end 19 that each child under the jurisdiction of the court shall 20 receive, preferably in the child’s own home, the care, guidance 21 and control that will best serve the child’s welfare and the 22 best interest of the state , will preserve constitutionally 23 protected rights, and will protect the relationship of a child 24 to and with a child’s family of origin, all of which serve 25 the interests of the state . When a child is removed from the 26 control of the child’s parents, the court shall secure for 27 the child care as nearly as possible equivalent to that which 28 should have been given by the parents. 29 2. Compelling justification is required for the state 30 to interfere in the private family realm and to infringe on 31 first amendment associational rights of parents and children. 32 A court shall be required to make case and fact-specific 33 determinations relating to due process given the substantive 34 rights at issue, and shall be required to perform a fact and 35 -11- LSB 6051XS (6) 88 as/rh 11/ 37

S.F. 2325 case-specific substantive rights analysis based on a clear and 1 convincing evidentiary standard. If the proper standard has 2 been met to invoke the state’s parens patriae power, a proper 3 state agency investigation that preserves the rights of the 4 accused as well as the child shall be undertaken while securing 5 a safe and secure home for the child. 6 3. If a child is removed from a child’s home and a family 7 member of the child cannot assume responsibility for the 8 child, closely monitored safety and welfare checks of the 9 child’s placement with a person other than a family member 10 shall be required. The child shall only be removed from the 11 natural parent’s home long enough to ensure that any imminently 12 dangerous situation is addressed and care has been taken to 13 correct the imminent danger. 14 4. A state agency shall not require any natural parent to 15 admit to any act or omission as a condition of maintaining an 16 association with and possession of their child. Matters of 17 conscience, differences of opinion, beliefs, and values between 18 natural parents and the state shall not be used as evidence 19 against a natural parent. When evaluating the severity of harm 20 to a child, no presumption exists that a child placed in foster 21 care will not suffer any harm. The state shall establish 22 evidence-based balancing metrics of risk and severity based 23 on the abuse children receive in foster care and the harm the 24 children suffer when that abuse is a result of the acts or 25 omissions of a caretaker to whom such children are not bonded. 26 Sec. 19. Section 232.2, subsection 2, Code 2020, is amended 27 to read as follows: 28 2. “Adjudicatory hearing” means a hearing to determine if 29 the allegations of a petition are true , and to obtain a just, 30 fair, equitable, and impartial adjudication of the rights of 31 parties under established principles of substantive law. This 32 objective shall be attained expeditiously and at the least 33 expense to the parties and the state as is practicable . 34 Sec. 20. Section 232.2, subsection 4, Code 2020, is amended 35 -12- LSB 6051XS (6) 88 as/rh 12/ 37

S.F. 2325 by striking the subsection. 1 Sec. 21. Section 232.2, subsection 6, paragraph e, Code 2 2020, is amended to read as follows: 3 e. Who is in need of medical treatment to cure, alleviate, 4 or prevent serious physical injury or illness and whose parent, 5 guardian, or custodian is unwilling or unable to provide such 6 treatment. 7 Sec. 22. Section 232.2, subsection 6, paragraph m, Code 8 2020, is amended to read as follows: 9 m. Who is in need of treatment to cure or alleviate 10 chemical dependency and whose parent, guardian, or custodian is 11 unwilling or unable to provide such treatment. 12 Sec. 23. Section 232.2, subsection 6, paragraph p, 13 unnumbered paragraph 1, Code 2020, is amended to read as 14 follows: 15 Whose parent, guardian, custodian, or other adult member 16 of the household in which a child resides does any of the 17 following: unlawfully uses, possesses, manufactures , 18 cultivates, or distributes a dangerous substance in the 19 presence of a child; or knowingly allows such use, possession, 20 manufacture , cultivation, or distribution by another person 21 in the presence of a child; or possesses a product with the 22 intent to use the product as a precursor or an intermediary to 23 a dangerous substance in the presence of a child; or unlawfully 24 uses, possesses, manufactures , cultivates, or distributes a 25 dangerous substance specified in subparagraph (2), subparagraph 26 division (a), (b), or (c), in a child’s home, on the premises, 27 or in a motor vehicle located on the premises. 28 Sec. 24. Section 232.2, subsection 6, paragraph p, 29 subparagraph (1), Code 2020, is amended to read as follows: 30 (1) For the purposes of this paragraph, “in the presence of 31 a child” means in the physical presence of a child or occurring 32 under other circumstances in which a reasonably prudent person 33 would know that the use, possession, manufacture , cultivation, 34 or distribution may be seen , smelled, or ingested , or heard by 35 -13- LSB 6051XS (6) 88 as/rh 13/ 37

S.F. 2325 a child . 1 Sec. 25. Section 232.2, subsection 13, Code 2020, is amended 2 to read as follows: 3 13. “Department” means the department of human services 4 family stabilization and preservation created pursuant to 5 section 217A.2 and includes the local, county, and service area 6 officers of the department. 7 Sec. 26. Section 232.2, subsection 17, Code 2020, is amended 8 to read as follows: 9 17. “Director” means the director of the department of human 10 services family stabilization and preservation or that person’s 11 designee. 12 Sec. 27. Section 232.2, subsection 20, Code 2020, is amended 13 to read as follows: 14 20. “Family in need of assistance” means a family in which 15 there has been a breakdown in the relationship between a child 16 and the child’s parent, guardian, or custodian , or a family in 17 need of stabilization resources and services . 18 Sec. 28. Section 232.2, subsection 22, paragraph b, 19 subparagraphs (1) and (5), Code 2020, are amended to read as 20 follows: 21 (1) Conducting in-person interviews with the child, if the 22 child’s age is appropriate for the interview, and interviewing 23 each parent, guardian, or other person having custody of the 24 child, if authorized by counsel. All interviews conducted 25 shall be recorded and made a part of the court record. 26 (5) Obtaining firsthand knowledge , if possible, of the 27 facts, circumstances, and parties involved in the matter in 28 which the person is appointed guardian ad litem. 29 Sec. 29. Section 232.2, subsection 22, paragraph c, Code 30 2020, is amended to read as follows: 31 c. The order appointing the guardian ad litem shall grant 32 authorization to the guardian ad litem to interview any 33 relevant person and inspect and copy any records relevant to 34 the proceedings, if not prohibited by federal law. The order 35 -14- LSB 6051XS (6) 88 as/rh 14/ 37

S.F. 2325 shall specify that the guardian ad litem may interview any 1 person providing medical, mental health, social, educational, 2 or other services to the child, may attend any departmental 3 staff meeting, case conference, or meeting with medical or 4 mental health providers, service providers, organizations, 5 or educational institutions regarding the child, if deemed 6 necessary by the guardian ad litem, and may shall inspect and 7 copy any records relevant to the proceedings. 8 Sec. 30. Section 232.2, Code 2020, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 23A. “Imminent danger” means an emergency 11 situation in which the welfare or life of a child is 12 threatened. A child is in imminent danger when there is 13 reasonable cause to believe one of the following conditions 14 exist and substantial additional harm threatening the life 15 or health of a child is likely to occur before a court order 16 authorizing removal of a child from a child’s home is obtained: 17 a. Prostitution, coerced sexual activity, or coerced sexual 18 exploitation. 19 b. Nonaccidental trauma inflicted by a parent, guardian, 20 custodian, sibling, child care provider or other caretaker, to 21 include intentional infliction of bodily injury resulting in 22 broken bones, burns, lacerations, or beatings. 23 c. Nutritional deprivation in circumstances involving 24 nonorganic failure to thrive of a child under five years of age 25 or of a child who is physically or mentally challenged who is 26 malnourished or dehydrated to such a degree that the child is 27 in immediate jeopardy of loss of life or subject to permanent 28 physical impairment unless treatment is provided immediately. 29 d. Abandonment. 30 e. A condition requiring emergency medical treatment which, 31 if left untreated, will likely result in permanent physical 32 damage. In such a situation, a parent who seeks secondary or 33 alternative medical advice shall not be deemed as unreasonable 34 or unwilling to provide care. 35 -15- LSB 6051XS (6) 88 as/rh 15/ 37

S.F. 2325 f. Substantial emotional injury which shall include only the 1 threat of imminent suicide of a child which a parent, guardian, 2 custodian, or other caretaker is unwilling to address or take 3 precautionary measures to avoid. 4 Sec. 31. Section 232.2, subsection 39, Code 2020, is amended 5 to read as follows: 6 39. “Parent” means a biological or adoptive mother or father 7 of a child ; or a father whose paternity has been established by 8 operation of law due to the individual’s marriage to the mother 9 at the time of conception, birth, or at any time during the 10 period between conception and birth of the child, by order of 11 a court of competent jurisdiction, or by administrative order 12 when authorized by state law. “Parent” but does not include a 13 mother or father whose parental rights have been terminated. 14 Sec. 32. Section 232.2, subsection 45A, Code 2020, is 15 amended to read as follows: 16 45A. “Reasonable and prudent parent standard” means the 17 same as defined in section 237.1 a standard for a parent, 18 guardian, custodian, or an out-of-home care provider to use 19 in making decisions concerning a child’s participation in age 20 or developmentally appropriate extracurricular, enrichment, 21 cultural, and social activities that are characterized by 22 careful and sensible parental decisions that maintain the 23 health, safety, best interests, and cultural, religious, and 24 tribal values of the child while at the same time encouraging 25 the emotional and developmental growth of the child. For 26 purposes of this subsection, “age or developmentally appropriate 27 activities” means activities that are generally accepted as 28 suitable for children of a given chronological age or level 29 of maturity or that are determined to be developmentally 30 appropriate for a child based on the cognitive, emotional, 31 physical, and behavioral capacities that are typical of 32 children of a given age or age group or, in the case of a 33 specific child, activities that are suitable for the child 34 based on the cognitive, emotional, physical, and behavioral 35 -16- LSB 6051XS (6) 88 as/rh 16/ 37

S.F. 2325 capacities of that child . 1 Sec. 33. Section 232.2, subsection 47, Code 2020, is amended 2 to read as follows: 3 47. “Residual parental rights and responsibilities” means 4 those rights and responsibilities remaining with the parent 5 after transfer of legal custody or guardianship of the 6 person of the child. These include but are not limited to 7 the right of visitation, the right to consent to adoption, 8 the right to make educational and medical decisions, and the 9 responsibility for support up to the point of any termination 10 of the parent-child relationship and adoption. A parent who 11 completes the necessary steps to have their child returned to 12 their care shall not be required to reimburse the state. Such 13 a parent shall be deemed to be a family in need of assistance 14 who received stabilization services and resources . 15 Sec. 34. Section 232.2, Code 2020, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 54A. “Stabilization plan” means the plan, 18 mandated by Pub. L. No. 96-272 and Pub. L. No. 105-89, as 19 codified in 42 U.S.C. §622(b)(10), 671(a)(16), and 675(1),(5), 20 which is designed to achieve placement in the most appropriate, 21 least restrictive, and most family-like setting available 22 and in close proximity to the parent’s home, consistent with 23 the best interests and special needs of the child, and which 24 considers the placement’s proximity to the school in which the 25 child is enrolled at the time of placement. The plan shall be 26 developed by the department or agency involved and the child’s 27 parent, guardian, or custodian. The plan shall specifically 28 include all of the following: 29 a. Plans for carrying out the voluntary placement agreement 30 or judicial determination pursuant to which the child entered 31 care. 32 b. The type and appropriateness of the placement and 33 services to be provided to the child or services needed by the 34 family with detailed information of how the services benefit 35 -17- LSB 6051XS (6) 88 as/rh 17/ 37

S.F. 2325 the family and how such services will help solve the family’s 1 issues. 2 c. The care and services that will be provided to the 3 child, biological parents, and foster parents, with a detailed 4 description of how the services promote the goal of keeping the 5 family remaining intact. 6 d. How the care and services will meet the needs of the 7 child while in care and will facilitate the child’s return home 8 or other permanent placement. 9 e. The most recent information available regarding the 10 child’s health and education records, including the date the 11 records were supplied to the agency or individual who is 12 the child’s foster care provider. If the child remains in 13 foster care until the age of majority, the child is entitled 14 to receive, prior to discharge, the most recent information 15 available regarding the child’s health and educational records. 16 f. 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. 20 g. (1) When a child is fourteen years of age or older, 21 a written transition plan of services, supports, activities, 22 and referrals to programs which, based upon an assessment of 23 the child’s needs, would assist the child in preparing for the 24 transition from foster care to adulthood. The transition plan 25 and needs assessment shall be developed with a focus on the 26 services, other support, and actions necessary to facilitate 27 the child’s successful entry into adulthood. The transition 28 plan shall be personalized at the direction of the child and 29 shall be developed with the child present, honoring the goals 30 and concerns of the child, and shall address the following 31 areas of need for the child’s successful transition from foster 32 care to adulthood, including but not limited to all of the 33 following: 34 (a) Education. 35 -18- LSB 6051XS (6) 88 as/rh 18/ 37

S.F. 2325 (b) Employment services and other workforce support. 1 (c) Health and health care coverage. 2 (d) Housing and money management. 3 (e) Relationships, including local opportunities to have a 4 mentor. 5 (f) If the needs assessment indicates the child is 6 reasonably likely to need or be eligible for services or 7 other support from the adult service system upon reaching age 8 eighteen, the transition plan shall provide for the child’s 9 application for adult services. 10 (2) The transition plan shall be considered a working 11 document and shall be reviewed and updated during a periodic 12 case review, which shall occur at a minimum of once every 13 six months. The transition plan shall also be reviewed and 14 updated during the ninety calendar-day period preceding the 15 child’s eighteenth birthday and during the ninety calendar-day 16 period immediately preceding the date the child is expected to 17 exit foster care, if the child remains in foster care after 18 the child’s eighteenth birthday. The transition plan may be 19 reviewed and updated more frequently. 20 (3) The transition plan shall be developed and reviewed 21 by the department in collaboration with a child-centered 22 transition team. The transition team shall be comprised of 23 the child’s caseworker and persons selected by the child, 24 persons who have knowledge of services available to the child, 25 and any person who may reasonably be expected to be a service 26 provider for the child when the child becomes an adult or to 27 become responsible for the costs of services at that time. 28 If the child is reasonably likely to need or be eligible for 29 adult services, the transition team membership shall include 30 representatives from the adult services system. The membership 31 of the transition team and the meeting dates for the team shall 32 be documented in the transition plan. 33 (4) The final transition plan shall specifically identify 34 how the need for housing will be addressed. 35 -19- LSB 6051XS (6) 88 as/rh 19/ 37