Senate
File
174
-
Introduced
SENATE
FILE
174
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1007)
A
BILL
FOR
An
Act
relating
to
the
placement
of
a
child
who
is
the
subject
1
of
a
pending
delinquency
petition
in
a
supervised
apartment
2
living
arrangement
pursuant
to
a
consent
decree,
and
the
3
circumstances
under
which
the
placement
is
paid
by
the
4
state.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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1689SV
(3)
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dg/ko
S.F.
174
Section
1.
Section
232.46,
subsection
1,
paragraph
a,
Code
1
2025,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(6)
Placement
of
the
child
in
a
3
supervised
apartment
living
arrangement
if
the
child
has
4
previously
and
continuously
lived
in
a
qualified
residential
5
treatment
program,
a
shelter,
or
a
combination
of
both,
for
a
6
period
of
not
less
than
six
months
immediately
preceding
the
7
determination
for
placement
in
a
supervised
apartment
living
8
arrangement,
and
the
child
is
lacking
family
support
needed
to
9
successfully
transition
to
independent
living.
10
Sec.
2.
Section
234.35,
subsection
1,
Code
2025,
is
amended
11
by
adding
the
following
new
paragraph:
12
NEW
PARAGRAPH
.
0e.
When
a
court
has
entered
an
order
13
transferring
the
legal
custody
of
the
child
to
a
supervised
14
apartment
living
arrangement
pursuant
to
section
232.46,
15
subsection
1,
paragraph
“a”
,
subparagraph
(6).
However,
16
payment
shall
not
be
made
for
a
supervised
apartment
living
17
arrangement
unless
the
supervised
apartment
living
arrangement
18
meets
requirements
as
established
by
the
department
by
rule.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
the
placement
of
a
child
who
is
the
23
subject
of
a
pending
delinquency
petition
in
a
supervised
24
apartment
living
arrangement
pursuant
to
a
consent
decree,
and
25
the
circumstances
under
which
the
placement
is
paid
by
the
26
state.
27
Under
current
law,
any
time
after
a
petition
is
filed
28
alleging
a
child
has
committed
a
delinquent
act
and
prior
to
29
the
entry
of
an
order
adjudicating
the
matter,
a
court
may
30
suspend
the
proceedings
on
motion
of
the
county
attorney
or
31
the
child’s
counsel,
enter
a
consent
decree,
and
continue
the
32
case
under
terms
and
conditions
established
by
the
court
in
33
the
consent
decree.
A
court
may
select
any
combination
of
the
34
following
terms
of
a
consent
decree:
prohibit
the
child
from
35
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174
driving
a
motor
vehicle
for
a
specified
period
of
time
or
under
1
specific
circumstances;
require
supervision
of
the
child
by
a
2
juvenile
court
officer
or
other
agency
or
person
designated
by
3
the
court;
require
the
child
to
perform
a
work
assignment
of
4
value
to
the
state
or
to
the
public;
require
the
child
to
make
5
restitution
consisting
of
a
monetary
payment
to
a
victim
or
a
6
work
assignment
directly
of
value
to
the
victim;
or
place
the
7
child
in
a
group
or
family
foster
care
setting
funded
by
the
8
department
of
health
and
human
services
(HHS),
if
the
court
9
determines
that
is
the
least
restrictive
option.
10
The
bill
allows
a
court
to
place
a
child
in
a
supervised
11
apartment
living
arrangement
(SAL)
as
a
condition
of
a
consent
12
decree
if
the
child
has
previously
and
continuously
lived
in
13
a
qualified
residential
treatment
program,
a
shelter,
or
a
14
combination
of
both,
for
a
period
of
not
less
than
six
months
15
immediately
preceding
the
determination
for
placement
in
a
SAL,
16
and
the
child
is
lacking
family
support
needed
to
successfully
17
transition
to
independent
living.
18
The
bill
makes
HHS
responsible
for
the
payment
of
foster
care
19
services
if
a
child
is
placed
in
a
supervised
apartment
living
20
arrangement
as
a
condition
of
a
consent
decree,
provided
that
21
such
supervised
apartment
living
arrangement
meets
requirements
22
as
established
by
HHS
by
rule.
23
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