SF 174 (LSB 1689SV (3) 91)

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 of a pending delinquency petition in a supervised apartment living arrangement pursuant to a consent decree, and the circumstances under which the placement is paid by the state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.46, subsection 1, paragraph a, Code 2025, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (6)  Placement of the child in a supervised apartment living arrangement if the child has previously and continuously lived in a qualified residential treatment program, a shelter, or a combination of both, for a period of not less than six months immediately preceding the determination for placement in a supervised apartment living arrangement, and the child is lacking family support needed to successfully transition to independent living.
    Sec. 2.  Section 234.35, subsection 1, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0e.  When a court has entered an order transferring the legal custody of the child to a supervised apartment living arrangement pursuant to section 232.46, subsection 1, paragraph “a”, subparagraph (6). However, payment shall not be made for a supervised apartment living arrangement unless the supervised apartment living arrangement meets requirements as established by the department by rule.
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 the placement of a child who is the subject of a pending delinquency petition in a supervised apartment living arrangement pursuant to a consent decree, and the circumstances under which the placement is paid by the state.
   Under current law, any time after a petition is filed alleging a child has committed a delinquent act and prior to the entry of an order adjudicating the matter, a court may suspend the proceedings on motion of the county attorney or the child’s counsel, enter a consent decree, and continue the case under terms and conditions established by the court in the consent decree. A court may select any combination of the following terms of a consent decree: prohibit the child from driving a motor vehicle for a specified period of time or under specific circumstances; require supervision of the child by a juvenile court officer or other agency or person designated by the court; require the child to perform a work assignment of value to the state or to the public; require the child to make restitution consisting of a monetary payment to a victim or a work assignment directly of value to the victim; or place the child in a group or family foster care setting funded by the department of health and human services (HHS), if the court determines that is the least restrictive option.
   The bill allows a court to place a child in a supervised apartment living arrangement (SAL) as a condition of a consent decree if the child has previously and continuously lived in a qualified residential treatment program, a shelter, or a combination of both, for a period of not less than six months immediately preceding the determination for placement in a SAL, and the child is lacking family support needed to successfully transition to independent living.
   The bill makes HHS responsible for the payment of foster care services if a child is placed in a supervised apartment living arrangement as a condition of a consent decree, provided that such supervised apartment living arrangement meets requirements as established by HHS by rule.