SF 2270 (LSB 5734XS (3) 90)

SENATE FILE 2270

BY  J. TAYLOR

A BILL FOR

An Act relating to juvenile justice policies and procedures.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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