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