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