Senate File 152 - Reprinted





                                     SENATE FILE       
                                     BY  COMMITTEE ON HUMAN RESOURCES

                                     (SUCCESSOR TO SSB 1104)


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

                                      A BILL FOR

  1 An Act relating to administrative and planning requirements
  2    involving children for whom the department of human services
  3    has responsibility under state or federal law.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1467SV 83
  6 jp/nh/5

PAG LIN



  1  1                           DIVISION I
  1  2                       TRANSITION PLANNING
  1  3    Section 1.  Section 232.2, subsection 4, paragraph f, Code
  1  4 2009, is amended to read as follows:
  1  5    f.  (1)  When a child is sixteen years of age or older, a
  1  6 written transition plan of services which, based upon an
  1  7 assessment of the child's needs, would assist the child in
  1  8 preparing for the transition from foster care to adulthood.
  1  9 The written transition plan of services and needs assessment
  1 10 shall be developed with a focus on the services, other
  1 11 support, and actions necessary to facilitate the child's
  1 12 successful entry into adulthood.  The transition plan shall be
  1 13 personalized at the direction of the child and shall be
  1 14 developed with the child present, honoring the goals and
  1 15 concerns of the child, and shall address the following areas
  1 16 of need when the child becomes an adult, including but not
  1 17 limited to all of the following:
  1 18    (a)  Education.
  1 19    (b)  Employment services and other workforce support.
  1 20    (c)  Health and health care coverage.
  1 21    (d)  Housing.
  1 22    (e)  Relationships, including local opportunities to have a
  1 23 mentor.
  1 24    (f)  If the needs assessment indicates the child is
  1 25 reasonably likely to need or be eligible for services or other
  1 26 support from the adult service system upon reaching age
  1 27 eighteen, the transition plan shall provide for the child's
  1 28 application for adult services.
  1 29    (2)  The transition plan shall be considered a working
  1 30 document and shall be reviewed and updated for each permanency
  1 31 hearing by the court or other formal case permanency plan
  1 32 review.  The transition plan shall also be reviewed and
  1 33 updated during the ninety calendar=day period preceding the
  1 34 child's eighteenth birthday and during the ninety calendar=day
  1 35 period immediately preceding the date the child is expected to
  2  1 exit foster care, if the child remains in foster care after
  2  2 the child's eighteenth birthday.  The transition plan may be
  2  3 reviewed and updated more frequently.
  2  4    (3)  The transition plan shall be developed and reviewed by
  2  5 the department in collaboration with a child=centered
  2  6 transition team.  The transition team shall be comprised of
  2  7 the child's caseworker and persons selected by the child,
  2  8 persons who have knowledge of services available to the child,
  2  9 and any person who may reasonably be expected to be a service
  2 10 provider for the child when the child becomes an adult or to
  2 11 become responsible for the costs of services at that time,
  2 12 including.  If the child is reasonably likely to need or be
  2 13 eligible for adult services, the transition team membership
  2 14 shall include representatives from the adult services system.
  2 15 The adult services system representatives may include but are
  2 16 not limited to the administrator of county general relief
  2 17 under chapter 251 or 252 or of the central point of
  2 18 coordination process implemented under section 331.440.  The
  2 19 membership of the transition team and the meeting dates for
  2 20 the team shall be documented in the transition plan.
  2 21    (4)  The final transition plan shall specifically identify
  2 22 how the need for housing will be addressed.
  2 23    (5)  If the child is interested in pursuing higher
  2 24 education, the transition plan shall provide for the child's
  2 25 participation in the college student aid commission's program
  2 26 of assistance in applying for federal and state aid under
  2 27 section 261.2.
  2 28    (2)  (6)  If the needs assessment indicates the child is
  2 29 reasonably likely to need or be eligible for services or other
  2 30 support from the adult service system upon reaching age
  2 31 eighteen, the transition plan shall be reviewed and approved
  2 32 by the transition committee for the area in which the child
  2 33 resides, in accordance with section 235.7, before the child
  2 34 reaches age seventeen and one=half.  The transition
  2 35 committee's review and approval shall be indicated in the case
  3  1 permanency plan.
  3  2    (3)  (7)  Provision for the department or a designee of the
  3  3 department on or before the date the child reaches age
  3  4 eighteen to provide to the child a certified copy of the
  3  5 child's birth certificate and to facilitate securing a federal
  3  6 social security card.  The fee for the certified copy that is
  3  7 otherwise chargeable under section 144.13A, 144.46, or 331.605
  3  8 shall be waived by the state or county registrar.
  3  9                           DIVISION II
  3 10            EDUCATION=RELATED REQUIREMENTS, RELATIVE
  3 11              PLACEMENT, AND SIBLING CONSIDERATIONS
  3 12    Sec. 2.  Section 232.2, subsection 4, Code 2009, is amended
  3 13 by adding the following new paragraph:
  3 14    NEW PARAGRAPH.  m.  Documentation of the educational
  3 15 stability of the child while in foster care.  The
  3 16 documentation shall include but is not limited to all of the
  3 17 following:
  3 18    (1)  Evidence there was an evaluation of the
  3 19 appropriateness of the child's educational setting while in
  3 20 placement and of the setting's proximity to the educational
  3 21 setting in which the child was enrolled at the time of
  3 22 placement.
  3 23    (2)  An assurance either that the department coordinated
  3 24 with appropriate local educational agencies to identify how
  3 25 the child could remain in the educational setting in which the
  3 26 child was enrolled at the time of placement or, if it was
  3 27 determined it was not in the child's best interest to remain
  3 28 in that setting, that the affected educational agencies would
  3 29 immediately and appropriately enroll the child in another
  3 30 educational setting during the child's placement and ensure
  3 31 that the child's educational records were provided for use in
  3 32 the new educational setting.  For the purposes of this
  3 33 subparagraph, "local educational agencies" means the same as
  3 34 defined in the federal Elementary and Secondary Education Act
  3 35 of 1965, section 9101, as codified in 20 U.S.C. section
  4  1 7801(26).
  4  2    Sec. 3.  NEW SECTION.  232.84  TRANSFER OF CUSTODY ==
  4  3 NOTICE TO ADULT RELATIVES.
  4  4    1.  For the purposes of this section, unless the context
  4  5 otherwise requires, "agency" means the department, juvenile
  4  6 court services, or a private agency.
  4  7    2.  Within thirty days after the entry of an order under
  4  8 this chapter transferring custody of a child to an agency for
  4  9 placement, the agency shall exercise due diligence in
  4 10 identifying and providing notice to the child's grandparents,
  4 11 aunts, uncles, adult siblings, and adult relatives suggested
  4 12 by the child's parents, subject to exceptions due to the
  4 13 presence of family or domestic violence.
  4 14    3.  The notice content shall include but is not limited to
  4 15 all of the following:
  4 16    a.  A statement that the child has been or is being removed
  4 17 from the custody of the child's parent or parents.
  4 18    b.  An explanation of the options the relative has under
  4 19 federal, state, and other law to participate in the care and
  4 20 placement of the child on a temporary or permanent basis.  The
  4 21 options addressed shall include but are not limited to
  4 22 assistance and support options, options for participating in
  4 23 legal proceedings, and any options that may be lost by failure
  4 24 to respond to the notice.
  4 25    c.  A description of the requirements for the relative to
  4 26 serve as a foster family home provider or other type of care
  4 27 provider for the child and the additional services, training,
  4 28 and other support available for children receiving such care.
  4 29    d.  Information concerning the option to apply for kinship
  4 30 guardianship assistance payments.
  4 31    Sec. 4.  NEW SECTION.  234.4  EDUCATION OF CHILDREN IN
  4 32 DEPARTMENTAL PROGRAMS.
  4 33    If the department of human services has custody or has
  4 34 other responsibility for a child based upon the child's
  4 35 involvement in a departmental program involving foster care,
  5  1 preadoption or adoption, or subsidized guardianship placement
  5  2 and the child is subject to the compulsory attendance law
  5  3 under chapter 299, the department shall fulfill the
  5  4 responsibilities outlined in section 299.1 and other
  5  5 responsibilities under federal and state law regarding the
  5  6 child's school attendance.  As part of fulfilling the
  5  7 responsibilities described in this section, if the department
  5  8 has custody or other responsibility for placement and care of
  5  9 a child and the child transfers to a different school during
  5 10 or immediately preceding the period of custody or other
  5 11 responsibility, within the first six weeks of the transfer
  5 12 date the department shall assess the student's degree of
  5 13 success in adjusting to the different school.
  5 14    Sec. 5.  NEW SECTION.  280.29  ENROLLMENT OF CHILDREN IN
  5 15 FOSTER CARE == TRANSFER OF EDUCATIONAL RECORDS.
  5 16    In order to facilitate the educational stability of
  5 17 children in foster care, a school district, upon notification
  5 18 by an agency of the state that a child in foster care is
  5 19 transferring into the school district, shall provide for the
  5 20 immediate and appropriate enrollment of the child.  A school
  5 21 district or an accredited nonpublic school, upon notification
  5 22 by an agency of the state that a child in foster care is
  5 23 transferring from the school district or accredited nonpublic
  5 24 school to another school district or accredited nonpublic
  5 25 school, shall promptly provide for the transfer of all of the
  5 26 educational records of the child not later than five school
  5 27 days after receiving the notification.
  5 28    Sec. 6.  Section 282.1, subsection 3, Code 2009, is amended
  5 29 to read as follows:
  5 30    3.  Lives in a juvenile detention center, foster care
  5 31 facility, or residential facility in the district.
  5 32    Sec. 7.  Section 282.19, Code 2009, is amended to read as
  5 33 follows:
  5 34    282.19  CHILD LIVING IN SUBSTANCE ABUSE OR FOSTER CARE
  5 35 FACILITY PLACEMENT.
  6  1    1.  A child who is living in a licensed child foster care
  6  2 facility as defined in section 237.1, or in a facility that
  6  3 provides residential treatment as "facility" is defined in
  6  4 section 125.2, which is located in a school district other
  6  5 than the school district in which the child resided before
  6  6 receiving foster care entering the facility may enroll in and
  6  7 attend an accredited school in the school district in which
  6  8 the child is living.
  6  9    2.  A child who is living in a licensed individual or
  6 10 agency child foster care facility, as defined in section
  6 11 237.1, or in an unlicensed relative foster care placement,
  6 12 shall remain enrolled in and attend an accredited school in
  6 13 the school district in which the child resided and is enrolled
  6 14 at the time of placement, unless it is determined by the
  6 15 juvenile court or the public or private agency of this state
  6 16 that has responsibility for the child's placement that
  6 17 remaining in such school is not in the best interests of the
  6 18 child.  If such a determination is made, the child may attend
  6 19 an accredited school located in the school district in which
  6 20 the child is living and not in the school district in which
  6 21 the child resided prior to receiving foster care.
  6 22    3.  The instructional costs for students who do not require
  6 23 special education shall be paid as provided in section 282.31,
  6 24 subsection 1, paragraph "b" or for students who require
  6 25 special education shall be paid as provided in section 282.31,
  6 26 subsections 2 or 3.
  6 27    Sec. 8.  Section 282.29, Code 2009, is amended to read as
  6 28 follows:
  6 29    282.29  CHILDREN PLACED BY DISTRICT COURT.
  6 30    Notwithstanding section 282.31, subsection 1, a child who
  6 31 has been identified as requiring special education, who has
  6 32 been placed in a facility, or home, or other placement by the
  6 33 district court, and for whom parental rights have been
  6 34 terminated by the district court, shall be provided special
  6 35 education programs and services on the same basis as the
  7  1 programs and services are provided for children requiring
  7  2 special education who are residents of the school district in
  7  3 which the child has been placed.  The special education
  7  4 instructional costs shall be paid as provided in section
  7  5 282.31, subsection 2 or 3.
  7  6    Sec. 9.  Section 282.31, subsection 1, paragraph b,
  7  7 subparagraph (1), Code 2009, is amended to read as follows:
  7  8    (1)  A child who lives in a facility or other placement
  7  9 pursuant to section 282.19, and who does not require special
  7 10 education and who is enrolled in the educational program of
  7 11 the district of residence at the time the child is placed,
  7 12 shall be included in the basic enrollment of the school
  7 13 district in which the child is enrolled.  A child who lives in
  7 14 a facility or home other placement pursuant to section 282.19,
  7 15 and who does not require special education and who is not
  7 16 enrolled in the educational program of the district of
  7 17 residence of the child, shall be included in the basic
  7 18 enrollment of the school district in which the facility or
  7 19 home other placement is located.
  7 20    Sec. 10.  Section 282.31, subsection 2, paragraph a, Code
  7 21 2009, is amended to read as follows:
  7 22    a.  The actual special education instructional costs
  7 23 incurred for a child who lives in a facility or other
  7 24 placement pursuant to section 282.19 or for a child who is
  7 25 placed in a facility or home pursuant to section 282.29, who
  7 26 requires special education and who is not enrolled in the
  7 27 educational program of the district of residence of the child
  7 28 but who receives an educational program from the district in
  7 29 which the facility, or home, or other placement is located,
  7 30 shall be paid by the district of residence of the child to the
  7 31 district in which the facility, or home, or other placement is
  7 32 located, and the costs shall include the cost of
  7 33 transportation.
  7 34 SF 152
  7 35 jp/nh/jh/26