Senate File 2258 - Reprinted SENATE FILE 2258 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SSB 3114) (As Amended and Passed by the Senate February 29, 2016 ) A BILL FOR An Act concerning child welfare, including provisions relating 1 to children under the custody, control, and supervision of 2 the department of human services and provisions relating to 3 children who are sex trafficking victims. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 SF 2258 (3) 86 rh/nh/jh

S.F. 2258 Section 1. Section 232.2, subsection 4, unnumbered 1 paragraph 1, Code 2016, is amended to read as follows: 2 “Case permanency plan” means the plan, mandated by Pub. L. 3 No. 96-272 and Pub. L. No. 105-89, as codified in 42 U.S.C. 4 §622(b)(10), 671(a)(16), and 675(1),(5), which is designed to 5 achieve placement in the most appropriate, least restrictive, 6 and most family-like setting available and in close proximity 7 to the parent’s home, consistent with the best interests and 8 special needs of the child, and which considers the placement’s 9 proximity to the school in which the child is enrolled at 10 the time of placement. The plan shall be developed by the 11 department or agency involved and the child’s parent, guardian, 12 or custodian. If the child is fourteen years of age or older, 13 the plan shall be developed in consultation with the child and, 14 at the option of the child, with up to two persons chosen by 15 the child to be members of the child’s case planning team if 16 such persons are not a foster parent of, or caseworker for, the 17 child. The department may reject a person selected by a child 18 to be a member of the child’s case planning team at any time 19 if the department has good cause to believe that the person 20 would not act in the best interests of the child. One person 21 selected by a child to be a member of the child’s case planning 22 team may be designated to be the child’s advisor or, if 23 necessary, the child’s advocate with respect to the application 24 of the reasonable and prudent parent standard. The plan shall 25 specifically include all of the following: 26 Sec. 2. Section 232.2, subsection 4, paragraph f, Code 2016, 27 is amended to read as follows: 28 f. (1) When a child is sixteen fourteen years of age 29 or older, a written transition plan of services , supports, 30 activities, and referrals to programs which, based upon an 31 assessment of the child’s needs, would assist the child in 32 preparing for the transition from foster care to adulthood. 33 The transition plan and needs assessment shall be developed 34 with a focus on the services, other support, and actions 35 -1- SF 2258 (3) 86 rh/nh/jh 1/ 11

S.F. 2258 necessary to facilitate the child’s successful entry into 1 adulthood. The transition plan shall be personalized at the 2 direction of the child and shall be developed with the child 3 present, honoring the goals and concerns of the child, and 4 shall address the following areas of need when the child 5 becomes an adult for the child’s successful transition from 6 foster care to adulthood , including but not limited to all of 7 the following: 8 (a) Education. 9 (b) Employment services and other workforce support. 10 (c) Health and health care coverage. 11 (d) Housing and money management . 12 (e) Relationships, including local opportunities to have a 13 mentor. 14 (f) If the needs assessment indicates the child is 15 reasonably likely to need or be eligible for services or 16 other support from the adult service system upon reaching age 17 eighteen, the transition plan shall provide for the child’s 18 application for adult services. 19 (2) The transition plan shall be considered a working 20 document and shall be reviewed and updated for each permanency 21 hearing by the court or other formal case permanency plan 22 review during a periodic case review, which shall occur at a 23 minimum of once every six months . The transition plan shall 24 also be reviewed and updated during the ninety calendar-day 25 period preceding the child’s eighteenth birthday and during the 26 ninety calendar-day period immediately preceding the date the 27 child is expected to exit foster care, if the child remains 28 in foster care after the child’s eighteenth birthday. The 29 transition plan may be reviewed and updated more frequently. 30 (3) The transition plan shall be developed and reviewed 31 by the department in collaboration with a child-centered 32 transition team. The transition team shall be comprised of 33 the child’s caseworker and persons selected by the child, 34 persons who have knowledge of services available to the child, 35 -2- SF 2258 (3) 86 rh/nh/jh 2/ 11

S.F. 2258 and any person who may reasonably be expected to be a service 1 provider for the child when the child becomes an adult or to 2 become responsible for the costs of services at that time. 3 If the child is reasonably likely to need or be eligible for 4 adult services, the transition team membership shall include 5 representatives from the adult services system. The adult 6 services system representatives may include but are not limited 7 to the administrator of county general relief under chapter 8 251 or 252 or the regional administrator of the county mental 9 health and disability services region, as defined in section 10 331.388 . The membership of the transition team and the meeting 11 dates for the team shall be documented in the transition plan. 12 (4) The final transition plan shall specifically identify 13 how the need for housing will be addressed. 14 (5) If the child is interested in pursuing higher education, 15 the transition plan shall provide for the child’s participation 16 in the college student aid commission’s program of assistance 17 in applying for federal and state aid under section 261.2 . 18 (6) If the needs assessment indicates the child is 19 reasonably likely to need or be eligible for services or 20 other support from the adult service system upon reaching age 21 eighteen, the transition plan shall be reviewed and approved 22 by the transition committee for the area in which the child 23 resides, in accordance with section 235.7 , before the child 24 reaches age seventeen and one-half. The transition committee’s 25 review and approval shall be indicated in the case permanency 26 plan. 27 (7) Provision for the department or a designee of the 28 department on or before the date the child reaches age 29 eighteen , unless the child has been placed in foster care for 30 less than six months, to provide to the child a certified copy 31 of the child’s birth certificate , and to facilitate securing 32 a federal social security card , and driver’s license or 33 government-issued nonoperator’s identification card . The fee 34 for the certified copy of the child’s birth certificate that is 35 -3- SF 2258 (3) 86 rh/nh/jh 3/ 11

S.F. 2258 otherwise chargeable under section 144.13A , 144.46 , or 331.605 1 shall be waived by the state or county registrar. 2 Sec. 3. Section 232.2, subsection 4, Code 2016, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . n. Any issues relating to the application 5 of the reasonable and prudent parent standard and the child’s 6 participation in age or developmentally appropriate activities 7 while in foster care. 8 Sec. 4. Section 232.2, Code 2016, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 45A. “Reasonable and prudent parent 11 standard” means the same as defined in section 237.1. 12 Sec. 5. Section 232.58, subsection 3, paragraph d, 13 subparagraph (4), Code 2016, is amended to read as follows: 14 (4) If the child is sixteen years of age or older and 15 the department has documented to the court’s satisfaction a 16 compelling reason for determining that an order under the 17 other subparagraphs of this paragraph “d” would not be in the 18 child’s best interest, order another planned permanent living 19 arrangement for the child. 20 Sec. 6. Section 232.58, Code 2016, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 3A. If the court enters an order for 23 another planned permanent living arrangement pursuant to 24 subsection 3, paragraph “d” , the court shall do all of the 25 following: 26 a. Ask the child about the child’s desired permanency 27 outcome and make a judicial determination that another planned 28 permanent living arrangement is the best permanency plan for 29 the child. 30 b. Require the department to do all of the following: 31 (1) Document the efforts to place a child permanently with a 32 parent, relative, or in a guardianship or adoptive placement. 33 (2) Document that the planned permanent living arrangement 34 is the best permanency plan for the child and compelling 35 -4- SF 2258 (3) 86 rh/nh/jh 4/ 11

S.F. 2258 reasons why it is not in the child’s best interest to be placed 1 permanently with a parent, relative, or in a guardianship or 2 adoptive placement. 3 (3) Document all of the following at the permanency hearing 4 and the six-month periodic review: 5 (a) The steps the department is taking to ensure that the 6 planned permanent living arrangement follows the reasonable and 7 prudent parent standard. 8 (b) Whether the child has regular opportunities to engage in 9 age-appropriate or developmentally appropriate activities. 10 Sec. 7. Section 232.68, subsection 2, paragraph a, Code 11 2016, is amended by adding the following new subparagraph: 12 NEW SUBPARAGRAPH . (11) The recruitment, harboring, 13 transportation, provision, obtaining, patronizing, or 14 soliciting of a child for the purpose of commercial sexual 15 activity as defined in section 710A.1. 16 Sec. 8. Section 232.68, Code 2016, is amended by adding the 17 following new subsections: 18 NEW SUBSECTION . 10. “Sex trafficking” means the 19 recruitment, harboring, transportation, provision, obtaining, 20 patronizing, or soliciting of a person for the purpose of 21 commercial sexual activity as defined in section 710A.1. 22 NEW SUBSECTION . 11. “Sex trafficking victim” means a victim 23 of sex trafficking. 24 Sec. 9. Section 232.70, subsections 8 and 9, Code 2016, are 25 amended to read as follows: 26 8. If a report would be determined to constitute an 27 allegation of child abuse as defined under section 232.68, 28 subsection 2 , paragraph “a” , subparagraph (3) or (5), except 29 that the suspected abuse resulted from the acts or omissions 30 of a person other than a person responsible for the care of the 31 child, the department shall refer the report to the appropriate 32 law enforcement agency having jurisdiction to investigate the 33 allegation. The department shall refer the report orally 34 as soon as practicable and in writing within seventy-two 35 -5- SF 2258 (3) 86 rh/nh/jh 5/ 11

S.F. 2258 hours of receiving the report. Within twenty-four hours of 1 receiving a report from a mandatory or permissive reporter, 2 the department shall inform the reporter, orally or by other 3 appropriate means, whether or not the department has commenced 4 an assessment of the allegation in the report. 5 9. Within twenty-four hours of receiving a report from a 6 mandatory or permissive reporter, the department shall inform 7 the reporter, orally or by other appropriate means, whether 8 or not the department has commenced an assessment of the 9 allegation in the report. If a report would be determined 10 to constitute an allegation of child abuse as defined under 11 section 232.68, subsection 2, paragraph “a” , subparagraph (3) 12 or (5), except that the suspected abuse resulted from the acts 13 or omissions of a person other than a person responsible for 14 the care of the child, the department shall refer the report 15 to the appropriate law enforcement agency having jurisdiction 16 to investigate the allegation. The department shall refer the 17 report orally as soon as practicable and in writing within 18 seventy-two hours of receiving the report. 19 Sec. 10. Section 232.70, Code 2016, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 10. If the department has reasonable 22 cause to believe that a child under the placement, care, or 23 supervision of the department is, or is at risk of becoming, 24 a sex trafficking victim, the department shall do all of the 25 following: 26 a. Identify the child as a sex trafficking victim or at risk 27 of becoming a sex trafficking victim and include documentation 28 in the child’s department records. 29 b. Refer the child for appropriate services. 30 c. Refer the child identified as a sex trafficking victim, 31 within twenty-four hours, to the appropriate law enforcement 32 agency having jurisdiction to investigate the allegation. 33 Sec. 11. Section 232.71B, subsection 1, paragraph a, 34 subparagraph (1), Code 2016, is amended to read as follows: 35 -6- SF 2258 (3) 86 rh/nh/jh 6/ 11

S.F. 2258 (1) Upon acceptance of a report of child abuse, the 1 department shall commence a child abuse assessment when the 2 report alleges child abuse as defined in section 232.68, 3 subsection 2 , paragraph “a” , subparagraphs (1) through (3) and 4 subparagraphs (5) through (10) (11) , or which alleges child 5 abuse as defined in section 232.68, subsection 2 , paragraph “a” , 6 subparagraph (4), that also alleges imminent danger, death, or 7 injury to a child. 8 Sec. 12. Section 232.71B, subsection 3, Code 2016, is 9 amended to read as follows: 10 3. Involvement of law enforcement. 11 a. The department shall apply protocols, developed with the 12 local child protection assistance team established pursuant to 13 section 915.35 , to prioritize the actions taken in response 14 to a child abuse assessment and shall work jointly with child 15 protection assistance teams and law enforcement agencies in 16 performing assessment and investigative processes for child 17 abuse assessments in which a criminal act harming a child is 18 alleged. The county attorney and appropriate law enforcement 19 agencies shall also take any other lawful action which may be 20 necessary or advisable for the protection of the child. 21 b. If a report is determined not to constitute a child 22 abuse allegation or if the child abuse report is accepted 23 but assessed under the family assessment, but a criminal act 24 harming a child is alleged, the department shall immediately 25 refer the matter to the appropriate law enforcement agency. 26 c. If the department has reasonable cause to believe that 27 a child under the placement, care, or supervision of the 28 department is, or is at risk of becoming, a sex trafficking 29 victim, the department shall do all of the following: 30 (1) Identify the child as a sex trafficking victim or 31 at risk of becoming a sex trafficking victim and include 32 documentation in the child’s department records. 33 (2) Refer the child for appropriate services. 34 (3) Refer the child identified as a sex trafficking victim, 35 -7- SF 2258 (3) 86 rh/nh/jh 7/ 11

S.F. 2258 within twenty-four hours, to the appropriate law enforcement 1 agency having jurisdiction to investigate the allegation. 2 d. The department shall report a child under the placement, 3 care, or supervision of the department who is reported as 4 missing or abducted to law enforcement and to the national 5 center for missing and exploited children within twenty-four 6 hours of receipt of the report. 7 Sec. 13. Section 232.102, subsection 1, paragraph a, 8 subparagraph (3), Code 2016, is amended to read as follows: 9 (3) The department of human services. If the child is 10 placed in a juvenile shelter care home or with an individual 11 or agency as defined in section 237.1, the department shall 12 assign decision-making authority to the juvenile shelter care 13 home, individual, or agency for the purpose of applying the 14 reasonable and prudent parent standard during the child’s 15 placement. 16 Sec. 14. Section 232.102, Code 2016, is amended by adding 17 the following new subsection: 18 NEW SUBSECTION . 5A. A child placed in foster care 19 may participate in age or developmentally appropriate 20 extracurricular, enrichment, cultural, and social activities 21 subject to the approval of the child’s foster parents or the 22 appropriate licensed foster care facility staff. A court 23 shall make a finding at all review hearings to address the 24 child’s participation in such activities and how barriers to 25 participation are being addressed. 26 Sec. 15. Section 232.104, subsection 2, paragraph d, 27 subparagraph (4), Code 2016, is amended to read as follows: 28 (4) If the child is sixteen years of age or older and 29 the department has documented to the court’s satisfaction a 30 compelling reason for determining that an order under the 31 other subparagraphs of this paragraph “d” would not be in the 32 child’s best interest, order another planned permanent living 33 arrangement for the child. 34 Sec. 16. Section 232.104, Code 2016, is amended by adding 35 -8- SF 2258 (3) 86 rh/nh/jh 8/ 11

S.F. 2258 the following new subsection: 1 NEW SUBSECTION . 2A. If the court enters an order for 2 another planned permanent living arrangement pursuant to 3 subsection 2, paragraph “d” , the court shall do all of the 4 following: 5 a. Ask the child about the child’s desired permanency 6 outcome and make a judicial determination that another planned 7 permanent living arrangement is the best permanency plan for 8 the child. 9 b. Require the department to do all of the following: 10 (1) Document the efforts to place a child permanently with a 11 parent, relative, or in a guardianship or adoptive placement. 12 (2) Document that the planned permanent living arrangement 13 is the best permanency plan for the child and compelling 14 reasons why it is not in the child’s best interest to be placed 15 permanently with a parent, relative, or in a guardianship or 16 adoptive placement. 17 (3) Document all of the following at the permanency hearing 18 and the six-month periodic review: 19 (a) The steps the department is taking to ensure that the 20 planned permanent living arrangement follows the reasonable and 21 prudent parent standard. 22 (b) Whether the child has regular opportunities to engage in 23 age-appropriate or developmentally appropriate activities. 24 Sec. 17. Section 232.127, subsection 10, Code 2016, is 25 amended to read as follows: 26 10. If the child is sixteen fourteen years of age or older 27 and an order for an out-of-home placement is entered, the 28 order shall specify the services needed to assist the child in 29 preparing for the transition from foster care to adulthood. If 30 the child has a case permanency plan, the court shall consider 31 the written transition plan of services and needs assessment 32 developed for the child’s case permanency plan. If the child 33 does not have a case permanency plan containing the transition 34 plan and needs assessment at the time the order is entered, the 35 -9- SF 2258 (3) 86 rh/nh/jh 9/ 11

S.F. 2258 written transition plan and needs assessment shall be developed 1 and submitted for the court’s consideration no later than six 2 months from the date of the transfer order. The court shall 3 modify the initial transfer order as necessary to specify 4 the services needed to assist the child in preparing for the 5 transition from foster care to adulthood. If the transition 6 plan identifies services or other support needed to assist 7 the child when the child becomes an adult in transitioning 8 from foster care to adulthood and the court deems it to be 9 beneficial to the child, the court may authorize the individual 10 who is the child’s guardian ad litem or court appointed special 11 advocate to continue a relationship with and provide advice to 12 the child for a period of time beyond the child’s eighteenth 13 birthday. 14 Sec. 18. Section 232.183, subsection 5, paragraph d, Code 15 2016, is amended to read as follows: 16 d. If the child is sixteen fourteen years of age or older, 17 the order shall specify the services needed to assist the child 18 in preparing for the transition from foster care to adulthood. 19 If the child has a case permanency plan, the court shall 20 consider the written transition plan of services and needs 21 assessment developed for the child’s case permanency plan. If 22 the child does not have a case permanency plan containing the 23 transition plan and needs assessment at the time the order is 24 entered, the transition plan and needs assessment shall be 25 developed and submitted for the court’s consideration no later 26 than six months from the date of the transfer order. The court 27 shall modify the initial transfer order as necessary to specify 28 the services needed to assist the child in preparing for the 29 transition from foster care to adulthood. If the transition 30 plan identifies services or other support needed to assist 31 the child when the child becomes an adult in transitioning 32 from foster care to adulthood and the court deems it to be 33 beneficial to the child, the court may authorize the individual 34 who is the child’s guardian ad litem or court appointed special 35 -10- SF 2258 (3) 86 rh/nh/jh 10/ 11

S.F. 2258 advocate to continue a relationship with and provide advice to 1 the child for a period of time beyond the child’s eighteenth 2 birthday. 3 Sec. 19. Section 237.1, Code 2016, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 9. “Reasonable and prudent parent standard” 6 means the standard characterized by careful and sensible 7 parenting decisions that maintain the health, safety, and 8 best interests of a child, while at the same time encouraging 9 the emotional and developmental growth of a child, that a 10 caregiver shall use when determining whether to allow a child 11 in foster care under the placement, care, or supervision of 12 the department to participate in extracurricular, enrichment, 13 cultural, or social activities. For the purposes of this 14 subsection, “caregiver” means an individual or an agency 15 licensed under this chapter with which a child in foster care 16 has been placed or a juvenile shelter care home approved under 17 chapter 232 in which a child in foster care has been placed. 18 Sec. 20. NEW SECTION . 237.14A Reasonable and prudent parent 19 standard —— immunity from liability. 20 The department, or any individual, agency, or juvenile 21 shelter care home that applies the reasonable and prudent 22 parent standard reasonably and in good faith in regard to a 23 child in foster care shall have immunity from civil or criminal 24 liability which might otherwise be incurred or imposed. This 25 section shall not remove or limit any existing liability 26 protection afforded under any other law. 27 -11- SF 2258 (3) 86 rh/nh/jh 11/ 11