HF 2127 (LSB 5644YH (7) 91)

HOUSE FILE 2127

BY  JONES

A BILL FOR

An Act relating to parent, legal guardian, and legal custodian attendance in court-ordered classes due to the actions of the parent’s, legal guardian’s, or legal custodian’s child, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  232.52B  Parental participation in classes.
   1.  If a child is adjudicated to have committed a delinquent act, and the child is ordered by the court to attend a class as a part of the child’s dispositional order, then the court shall order the child’s parent, legal guardian, or legal custodian to attend the class with the child.
   2.  If a child has been adjudicated to have committed a delinquent act three or more times, the court shall require the child’s parent, legal guardian, or legal custodian to attend a parental responsibility class.
   3.  A parent, legal guardian, or legal custodian who fails to comply with this section commits a public offense.
   a.  A first offense is a simple misdemeanor and a conviction is punishable by confinement for up to ten days or a fine of up to one hundred dollars. The court may order the parent, legal guardian, or legal custodian to perform not more than forty hours of unpaid community service instead of a fine or confinement.
   b.  A second offense is a serious misdemeanor and a conviction is punishable by confinement for up to twenty days, or a fine of up to five hundred dollars, or both a fine and confinement. The court may order the parent, legal guardian, or legal custodian to perform unpaid community service instead of a fine or confinement.
   c.  A third or subsequent offense is a serious misdemeanor and a conviction is punishable by confinement for up to thirty days, a fine of up to one thousand dollars, or both. The court may order the parent, legal guardian, or legal custodian to perform unpaid community service instead of a fine or confinement.
   4.  If a parent, legal guardian, or legal custodian has made a good-faith effort to comply with this section, the parent, legal guardian, or legal custodian may file an affidavit listing the good-faith effort made by the parent, legal guardian, or legal custodian. Upon court approval of the affidavit, the parent, legal guardian, or legal custodian shall not be criminally liable for noncompliance.
   5.  This section shall not apply to a parent who does not have physical care of the parent’s child, and shall not apply to a legal guardian or a legal custodian who is not an individual.
   6.  The department shall adopt rules to implement this section.
    Sec. 2.  Section 256E.7, subsection 2, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  x.  Be subject to and comply with the requirements of section 279.89 relating to reverse punitive measures.
    Sec. 3.  Section 256F.4, subsection 2, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  v.  Be subject to and comply with the requirements of section 279.89 relating to reverse punitive measures.
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 parent, legal guardian, and legal custodian attendance in school and court-ordered classes due to the actions of the parent’s, legal guardian’s, or legal custodian’s child.
   The bill requires a child’s parent, legal guardian, or legal custodian (parent) to attend a class with the child if the child was ordered by a juvenile court to attend the class as a part of the child’s juvenile delinquency dispositional order. If a child has been adjudicated to have committed a delinquent act three or more times, the juvenile court shall require the child’s parent to attend a parental responsibility class. A parent failing to attend a class as ordered by a juvenile court commits a public offense. A first offense is a simple misdemeanor punishable by confinement for up to 10 days or a fine of up to $100; a second offense is a serious misdemeanor punishable by confinement for up to 20 days, a fine of up to $500, or both; and a third or subsequent offense is a serious misdemeanor punishable by confinement for up to 30 days, a fine of up to $1,000, or both. A court may order the parent, legal guardian, or legal custodian to perform unpaid community service instead of a fine or confinement for any offense. A parent that submits an affidavit showing the parent has made a good-faith effort to comply with the bill shall not be criminally liable under the bill upon court approval of the affidavit. Court-ordered attendance does not apply to a parent who does not have physical care of the parent’s child, and does not apply to a legal guardian or a legal custodian who is not an individual.