Senate File 2270 - Introduced SENATE FILE 2270 BY J. TAYLOR A BILL FOR An Act relating to juvenile justice policies and procedures. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5734XS (3) 90 dg/ko
S.F. 2270 Section 1. Section 232.71B, subsection 4, paragraph a, Code 1 2024, is amended by adding the following new subparagraphs: 2 NEW SUBPARAGRAPH . (3) If the allegation of child abuse 3 came from the child claiming to be subject to the abuse, an 4 assessment of the child by a psychologist licensed under 5 chapter 154B. 6 NEW SUBPARAGRAPH . (4) If the allegation of child abuse 7 constitutes physical abuse, an assessment of the child by a 8 health practitioner to determine the extent of physical abuse. 9 Sec. 2. Section 232.141, subsection 4, Code 2024, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . 0c. Expenses for a psychological examination 12 of a child’s parent, guardian, or custodian ordered by the 13 court under section 232.197, subsection 4. 14 Sec. 3. NEW SECTION . 232.197 General policies and 15 procedures. 16 1. When a court or the department is making a determination 17 related to a parent’s, guardian’s, or custodian’s visitation 18 or custody of a child removed from the parent, guardian, or 19 custodian pursuant to this chapter, the court or the department 20 shall restrict visitation, and the court shall not award 21 custody to the extent the court or the department has found the 22 parent, guardian, or legal custodian has exhibited a pattern 23 of any of the following: 24 a. Mentally or physically abusive behavior. 25 b. Placing a child in danger due to the parent’s, 26 guardian’s, or custodian’s mental illness. 27 c. Aggressive behavior toward others. 28 d. Criminal behavior. 29 2. If a child’s parent, guardian, or custodian is required 30 to register as a sex offender under section 692A.103, when the 31 court is making a determination under this chapter concerning 32 the parent’s , guardian’s, or custodian’s visitation rights to, 33 or custody of, a child, there shall be a presumption that the 34 parent, guardian, or custodian is unfit for visitation with or 35 -1- LSB 5734XS (3) 90 dg/ko 1/ 6
S.F. 2270 custody of a child. 1 3. In any proceeding under this chapter, a court shall 2 consider any record showing that a parent, guardian, or 3 custodian engaged in domestic abuse as defined in section 4 236.2, committed child abuse as defined in section 232.68, or 5 was convicted for use of a controlled substance under chapter 6 124, when making a determination relating to the parent, 7 guardian, or custodian. 8 4. a. A court presiding over a proceeding under subchapter 9 III, IV, or V, shall order a parent, guardian, or custodian 10 subject to the proceeding to receive a psychological 11 examination conducted by a psychologist licensed under chapter 12 154B if the parent, guardian, or custodian has a record of any 13 of the following: 14 (1) Engaging in domestic abuse as defined in section 236.2. 15 (2) Committing child abuse as defined in section 232.68. 16 (3) A conviction for use of a controlled substance under 17 chapter 124. 18 b. The psychological examination required under paragraph 19 “a” shall be completed within thirty calendar days from the date 20 of the order requiring the psychological examination unless 21 the parent, guardian, or custodian shows good cause for an 22 extension. Failure to comply with this paragraph shall result 23 in a denial of the parent’s, guardian’s, or custodian’s custody 24 and visitation rights for any child who is the subject of the 25 proceeding for which the psychological evaluation was ordered. 26 c. The court shall hold a hearing to determine the parent’s, 27 guardian’s, or custodian’s ability to pay for a psychological 28 examination ordered by the court under paragraph “a” . If, after 29 giving the parent, guardian, or custodian an opportunity to be 30 heard, the court determines the parent, guardian, or custodian 31 is unable to pay the costs of the psychological examination, 32 the court shall order the department to provide the services 33 of a psychologist licensed under chapter 154B to perform 34 the psychological examination. A psychological examination 35 -2- LSB 5734XS (3) 90 dg/ko 2/ 6
S.F. 2270 provided by the department under this paragraph shall be a 1 charge upon the state and reimbursed according to section 2 232.141, subsection 5. 3 5. An employee of the department whose primary 4 responsibilities require direct contact with children during 5 a proceeding under this chapter shall be required to receive 6 training regarding the effects on, and symptoms of, trauma 7 in children from a psychologist licensed under chapter 154B 8 who specializes in childhood trauma. Training under this 9 subsection shall be completed prior to the employee engaging in 10 work with children under this chapter. 11 6. When a court is determining the truth of the allegation 12 of child abuse that was reported by the child subject to 13 the abuse, the court shall rely primarily on the assessment 14 conducted by a psychologist under section 232.71B, subsection 15 4, paragraph “a” , subparagraph (3). 16 7. If a court order issued under this chapter allows a 17 parent, guardian, or custodian who resides outside the state 18 visitation rights with a child, the order shall specify that 19 the visitation with the child shall only occur within this 20 state. 21 8. A supervised visit ordered by a court or authorized by 22 the department subsequent to the removal of a child from the 23 custody of a parent, guardian, or custodian pursuant to this 24 chapter shall not be supervised by any of the following: 25 a. A person who the court or the department determines has 26 a close, personal relationship with the parent, guardian, or 27 custodian from whom the child was removed. 28 b. A person required to register as a sex offender under 29 section 692A.103. 30 c. A person convicted of a crime that involved physical 31 injury to a person. 32 9. To the extent possible, the same judge shall preside over 33 all hearings, make all determinations, and issue all orders 34 related to a petition filed under this chapter. 35 -3- LSB 5734XS (3) 90 dg/ko 3/ 6
S.F. 2270 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to juvenile justice policies and 4 procedures. 5 The bill requires if an allegation of child abuse comes from 6 a child claiming to be subject to the abuse that a licensed 7 psychologist perform an assessment of the child. 8 The bill requires if an allegation of child abuse 9 constitutes physical abuse that a health practitioner perform 10 an assessment of the child to determine the extent of physical 11 abuse. The bill requires a psychological examination of a 12 child’s parent, guardian, or custodian ordered by a court to 13 be reimbursed by the department of health and human services 14 (HHS). 15 When a court or HHS is making a determination related to a 16 parent’s , guardian’s , or custodian’s visitation or custody 17 of a child removed from the parent, guardian, or custodian 18 under Code chapter 232 (juvenile justice), the bill requires 19 the court or HHS to restrict visitation to, and the court to 20 not award custody of, the child to the extent the court or HHS 21 has found the parent, guardian, or custodian has exhibited a 22 pattern of mentally or physically abusive behavior; placing a 23 child in danger due to the parent’s, guardian’s, or custodian’s 24 mental illness; aggressive behavior toward others; or criminal 25 behavior. 26 The bill creates the presumption that a child’s parent, 27 guardian, or custodian is unfit for visitation with or custody 28 of a child if the parent, guardian, or custodian is required 29 to register as a sex offender. 30 The bill requires a court or HHS to take any record of a 31 parent, guardian, or custodian having engaged in domestic 32 abuse, having committed child abuse, or having been convicted 33 for use of a controlled substance into account when making a 34 determination relating to the parent, guardian, or custodian. 35 -4- LSB 5734XS (3) 90 dg/ko 4/ 6
S.F. 2270 The bill requires a court to order a parent, guardian, or 1 custodian subject to a child in need of assistance proceeding, 2 temporary custody of a child proceeding, or family in need of 3 assistance proceeding to receive a psychological examination 4 conducted by a licensed psychologist if the parent, guardian, 5 or custodian has a record of engaging in domestic abuse, 6 committing child abuse, or a conviction for use of a controlled 7 substance. The psychological examination must be completed 8 within 30 calendar days from the date of the order requiring 9 the psychological examination unless the parent, guardian, 10 or custodian shows good cause for an extension. Failure to 11 comply will result in the denial of the parent’s, guardian’s, 12 or custodian’s custody and visitation rights for any child who 13 is the subject of the proceeding for which the psychological 14 evaluation was ordered. The court must hold a hearing to 15 determine the parent’s, guardian’s, or custodian’s ability to 16 pay for a required psychological examination. If, after giving 17 the parent, guardian, or custodian an opportunity to be heard, 18 the court determines the parent, guardian, or custodian is 19 unable to pay the costs of the psychological examination, HHS 20 must provide the services of a licensed psychologist to perform 21 the psychological examination at state expense. 22 The bill requires training relating to the effects of trauma 23 on children from a licensed psychologist who specializes 24 in childhood trauma for each HHS employee whose primary 25 responsibilities require direct contact with children during a 26 juvenile delinquency proceeding, a child in need of assistance 27 proceeding, a temporary custody of a child proceeding, or a 28 family in need of assistance proceeding. Training must be 29 completed prior to the employee engaging in work with children. 30 The bill requires a court to rely primarily on a child’s 31 assessment conducted by a licensed psychologist when the court 32 is determining the truth of an allegation of child abuse that 33 was reported by the child subject to the abuse. 34 When a court order issued in a juvenile delinquency 35 -5- LSB 5734XS (3) 90 dg/ko 5/ 6
S.F. 2270 proceeding, child in need of assistance proceeding, temporary 1 custody of a child proceeding, or family in need of assistance 2 proceeding allows a parent, guardian, or custodian who resides 3 outside the state to have visitation rights with a child, the 4 bill requires the order to specify that visitation with the 5 child shall only occur within this state. 6 A supervised visit authorized by a court or HHS subsequent to 7 the removal of a child from the custody of a parent, guardian, 8 or custodian shall not be supervised by a person who the court 9 or HHS determines has a close, personal relationship with the 10 parent, guardian, or custodian from whom the child was removed; 11 a person required to register as a sex offender; or a person 12 convicted of a crime that involved physical injury to a person. 13 The bill requires, to the extent possible, for the same 14 judge to preside over all hearings, make all determinations, 15 and issue all orders related to a petition filed in a juvenile 16 delinquency matter, a child in need of assistance matter, a 17 temporary custody of a child matter, or a family in need of 18 assistance matter. 19 -6- LSB 5734XS (3) 90 dg/ko 6/ 6