House File 753 - Reprinted



                                       HOUSE FILE       
                                       BY  COMMITTEE ON HUMAN
                                           RESOURCES

                                       (SUCCESSOR TO HF 595)


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring certain safety=related information concerning a
  2    child to be provided to a parent, guardian, or foster parent
  3    or other custodian of a child.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2949HV 81
  6 jp/gg/14

PAG LIN



  1  1    Section 1.  Section 232.2, subsection 4, Code 2005, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  k.  If it is part of the child's records or
  1  4 it is otherwise known that the child has behaved in a manner
  1  5 that threatened the safety of another person, has committed a
  1  6 violent act causing bodily injury to another person, or has
  1  7 been a victim or perpetrator of sexual abuse, that information
  1  8 shall be addressed in the plan and shall be provided to the
  1  9 child's parent, guardian, or foster parent or other person
  1 10 with custody of the child.  The information shall be provided
  1 11 whether the child's placement is voluntary or made pursuant to
  1 12 a court determination.  The information shall be provided at
  1 13 the time it is learned by the department or agency developing
  1 14 the plan and, if possible, at the time of the child's
  1 15 placement.  The information shall only be withheld if ordered
  1 16 by the court or it is determined by the department or agency
  1 17 developing the plan that providing the information would be
  1 18 detrimental to the child or to the family with whom the child
  1 19 is living.  In determining whether providing the information
  1 20 would be detrimental, the court, department, or agency shall
  1 21 consider any history of abuse within the child's family or
  1 22 toward the child.
  1 23    Sec. 2.  Section 232.48, subsection 4, Code 2005, is
  1 24 amended to read as follows:
  1 25    4.  A predisposition report shall not be disclosed except
  1 26 as provided in this section and in division VIII of this
  1 27 chapter.  The court shall permit the child's attorney to
  1 28 inspect the predisposition report prior to consideration by
  1 29 the court.  The court may order counsel not to disclose parts
  1 30 of the report to the child, or to the child's parent,
  1 31 guardian, guardian ad litem, or custodian if the court finds
  1 32 that disclosure would seriously harm the treatment or
  1 33 rehabilitation of the child.  If the report indicates the
  1 34 child has behaved in a manner that threatened the safety of
  1 35 another person, has committed a violent act causing bodily
  2  1 injury to another person, or has been a victim or perpetrator
  2  2 of sexual abuse, unless otherwise ordered by the court, the
  2  3 child's parent, guardian, or foster parent or other person
  2  4 with custody of the child shall be provided with that
  2  5 information.
  2  6    Sec. 3.  Section 232.49, subsection 1, Code 2005, is
  2  7 amended to read as follows:
  2  8    1.  Following the entry of an order of adjudication under
  2  9 section 232.47 the court may, after a hearing which may be
  2 10 simultaneous with the adjudicatory hearing, order a physical
  2 11 or mental examination of the child if it finds that an
  2 12 examination is necessary to determine the child's physical or
  2 13 mental condition.  The court may consider chemical dependency
  2 14 as either a physical or mental condition and may consider a
  2 15 chemical dependency evaluation as either a physical or mental
  2 16 examination.  If the examination indicates the child has
  2 17 behaved in a manner that threatened the safety of another
  2 18 person, has committed a violent act causing bodily injury to
  2 19 another person, or has been a victim or perpetrator of sexual
  2 20 abuse, unless otherwise ordered by the court, the child's
  2 21 parent, guardian, or foster parent or other person with
  2 22 custody of the child shall be provided with that information.
  2 23    Sec. 4.  Section 232.97, subsection 3, Code 2005, is
  2 24 amended to read as follows:
  2 25    3.  The social report shall not be disclosed except as
  2 26 provided in this section and except as otherwise provided in
  2 27 this chapter.  Prior to the hearing at which the disposition
  2 28 is determined, the court shall permit counsel for the child,
  2 29 counsel for the child's parent, guardian, or custodian, and
  2 30 the guardian ad litem to inspect any social report to be
  2 31 considered by the court.  The court may in its discretion
  2 32 order counsel not to disclose parts of the report to the
  2 33 child, or to the parent, guardian, or custodian if disclosure
  2 34 would seriously harm the treatment or rehabilitation of the
  2 35 child or would violate a promise of confidentiality given to a
  3  1 source of information.  If the report indicates the child has
  3  2 behaved in a manner that threatened the safety of another
  3  3 person, has committed a violent act causing bodily injury to
  3  4 another person, or has been a victim or perpetrator of sexual
  3  5 abuse, unless otherwise ordered by the court, the child's
  3  6 parent, guardian, or foster parent or other person with
  3  7 custody of the child shall be provided with that information.
  3  8    Sec. 5.  Section 232.181, Code 2005, is amended to read as
  3  9 follows:
  3 10    232.181  SOCIAL HISTORY REPORT.
  3 11    Upon the filing of a petition, the department shall submit
  3 12 a social history report regarding the child and the child's
  3 13 family.  The report shall include a description of the child's
  3 14 disability and resultant functional limitations, the case
  3 15 permanency plan, a description of the proposed foster care
  3 16 placement, and a description of family participation in
  3 17 developing the child's case permanency plan and the commitment
  3 18 of the parent, guardian, or custodian in fulfilling the
  3 19 responsibilities defined in the plan.  If the report indicates
  3 20 the child has behaved in a manner that threatened the safety
  3 21 of another person, has committed a violent act causing bodily
  3 22 injury to another person, or has been a victim or perpetrator
  3 23 of sexual abuse, unless otherwise ordered by the court, the
  3 24 child's parent, guardian, or foster parent or other person
  3 25 with custody of the child shall be provided with that
  3 26 information.
  3 27 HF 753
  3 28 jp:nh/es/25