H.F. 2390 Section 1. Section 232.2, subsection 9, Code 2022, is 1 amended to read as follows: 2 9. “Court appointed special advocate” means a person duly 3 certified by the child advocacy board created in section 4 237.16 for participation in the court appointed special 5 advocate program and appointed by the court to represent the 6 interests of a child in any judicial proceeding to which the 7 child is a party or is called as a witness or relating to any 8 dispositional order involving the child resulting from such 9 proceeding carry out the duties required by section 237.24 . 10 Sec. 2. Section 237.15, Code 2022, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 4A. “Fictive kin” means an adult person 13 who is not a relative of a child but who has an emotionally 14 positive significant relationship with the child or the child’s 15 family. 16 Sec. 3. Section 237.16, Code 2022, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 4. The department and the department 19 of inspections and appeals shall jointly develop written 20 protocols detailing the responsibilities of each department 21 with regard to children under the purview of the state board. 22 The protocols shall be reviewed by the departments on an annual 23 basis. 24 Sec. 4. Section 237.17, Code 2022, is amended to read as 25 follows: 26 237.17 Foster care registry. 27 1. The state board shall establish a registry of the 28 placements of all children receiving foster care. The 29 department agency responsible for the placement shall notify 30 the state board of each placement within five working days of 31 the department’s notification of the placement in accordance 32 with written protocols adopted pursuant to section 237.16, 33 subsection 4 . The notification to the state board shall 34 include information identifying the child receiving foster care 35 -1- HF 2390 (3) 89 dg/rh/md 1/ 11

H.F. 2390 and placement information for that child. 1 2. Within thirty days of the placement or two days after 2 the dispositional hearing the The agency responsible for the 3 placement shall submit the case permanency plan and all case 4 permanency plan revisions to the state board a local board in 5 accordance with written protocols adopted pursuant to section 6 237.16, subsection 4 . All subsequent revisions of the case 7 permanency plan shall be submitted when the revisions are 8 developed. 9 Sec. 5. Section 237.18, Code 2022, is amended to read as 10 follows: 11 237.18 Duties of state board. 12 The state board shall: 13 1. Review the activities and actions of local boards and the 14 court appointed special advocate program . 15 2. Adopt rules pursuant to chapter 17A to: 16 a. Establish a recordkeeping system for the files of local 17 review boards including individual case reviews. 18 b. Accumulate data and develop an annual report regarding 19 children in foster care served by the state board . The report 20 shall include: 21 (1) Personal data Data regarding the total number of days of 22 foster care provided and the characteristics of the children 23 receiving foster care. 24 (2) The number of placements of children in foster care. 25 (3) The frequency and results of court reviews. 26 c. Evaluate the judicial and administrative data collected 27 on foster care by local boards and court appointed special 28 advocates, and disseminate the data to the governor, the 29 supreme court, the chief judge of each judicial district, the 30 department, and child-placing agencies , and the state court 31 administrator for dissemination to the supreme court and the 32 chief judge of each judicial district . 33 d. Establish mandatory training programs for members of the 34 state and local review boards including an initial training 35 -2- HF 2390 (3) 89 dg/rh/md 2/ 11

H.F. 2390 program and periodic in-service training programs board . 1 Training shall focus on, but not be limited to, the following: 2 (1) The history, philosophy and role of the juvenile court 3 in the child protection system The duties of the state board . 4 (2) Juvenile court procedures under the juvenile justice 5 act The duties of local boards . 6 (3) The foster care administrative review process of the 7 department of human services The duties of court appointed 8 special advocates . 9 (4) The role and procedures of the citizen’s foster care 10 review system Applicable child welfare laws and practices that 11 influence the work of local boards and court appointed special 12 advocates . 13 (5) The Adoption Assistance and Child Welfare Act of 1980, 14 Pub. L. No. 96-272. 15 (6) The purpose of case permanency plans, and the type of 16 information that will be available in those plans. 17 (7) The situations where the goals of either reuniting the 18 child with the child’s family or adoption would be appropriate. 19 (8) The legal processes that may lead to foster care 20 placement. 21 (9) The types and number of children involved in those legal 22 processes. 23 (10) The types of foster care placement available, with 24 emphasis on the types and number of facilities available on a 25 regional basis. 26 (11) The impact of specific physical or mental conditions of 27 a child on the type of placement most appropriate and the kind 28 of progress that should be expected in those situations. 29 e. Establish a mandatory training program and procedures for 30 the local review board boards consistent with the provisions 31 of section 237.20 . 32 f. Establish grounds and procedures for removal of a local 33 review board member. 34 g. f. Establish procedures and protocols for administering 35 -3- HF 2390 (3) 89 dg/rh/md 3/ 11

H.F. 2390 the court appointed special advocate program in accordance with 1 subsection 7 6 . 2 3. Assign the cases of children receiving foster care to the 3 appropriate local boards. 4 4. Assist local boards in reviewing cases of children 5 receiving foster care, as provided in section 237.20 . 6 5. 4. Employ appropriate staff in accordance with available 7 funding. The board shall coordinate with the department of 8 inspections and appeals regarding administrative functions of 9 the board. 10 6. 5. In conjunction with the legislative services agency 11 and in consultation with the department of human services, 12 supreme court, and private foster care providers, develop and 13 maintain Maintain an evaluation program regarding citizen 14 foster care review programming. The evaluation program shall 15 be designed to evaluate the effectiveness of citizen reviews in 16 improving case permanency planning and meeting case permanency 17 planning goals, identify the amount of time children spend in 18 foster care placements, and identify problem issues in the 19 foster care system. The state board shall submit an annual 20 evaluation report to the governor and the general assembly. 21 7. 6. Administer the court appointed special advocate 22 program, including but not limited to performance of all of the 23 following: 24 a. Establish standards for the program, including but 25 not limited to standards for selection and screening of 26 volunteers, preservice training, ongoing continuing education, 27 and assignment and supervision of volunteers. Identifying 28 information concerning a court appointed special advocate, 29 other than the advocate’s name, shall not be considered to be a 30 public record under chapter 22 . 31 b. Implement the court appointed special advocate program in 32 additional areas of the state as deemed necessary to effectuate 33 its purpose including but not limited to employing court 34 appointed special advocate program staff as available funding 35 -4- HF 2390 (3) 89 dg/rh/md 4/ 11

H.F. 2390 provides . 1 c. Promote adherence to the national guidelines for state 2 and local court appointed special advocate programs. 3 d. Issue an annual report of the court appointed special 4 advocate program for submission to the general assembly, the 5 governor, and the supreme court. 6 e. Employ appropriate court appointed special advocate 7 program staff in accordance with available funding. The state 8 board shall coordinate with the department of inspections and 9 appeals the performance of the administrative functions of the 10 state board. 11 8. 7. Receive gifts, grants, or donations made for any of 12 the purposes of the state board’s programs and disburse and 13 administer the funds received in accordance with the terms of 14 the donor and under the direction of program staff. The funds 15 received shall be used according to any restrictions attached 16 to the funds and any unrestricted funds shall be retained 17 and applied to the applicable program budget for the next 18 succeeding fiscal year. 19 9. 8. Make recommendations to the general assembly, the 20 department, to child-placing agencies, the governor, and the 21 state court administrator for dissemination to the supreme 22 court , and the chief judge of each judicial district , and to 23 the judicial branch . The recommendations shall include but 24 are not limited to identification of systemic problems in 25 the foster care and the juvenile justice systems, specific 26 proposals for improvements that assist the systems in being 27 more cost-effective and better able to protect the best 28 interests of children, and necessary changes relating to the 29 data collected and the annual report made under subsection 2 , 30 paragraph “b” . 31 Sec. 6. Section 237.19, Code 2022, is amended to read as 32 follows: 33 237.19 Local citizen foster care review boards. 34 1. The state board shall establish local citizen foster 35 -5- HF 2390 (3) 89 dg/rh/md 5/ 11

H.F. 2390 care review boards to review cases of children receiving foster 1 care. The department shall discontinue its foster care review 2 process for those children reviewed by local boards as local 3 boards are established and operating. The state board shall 4 select a minimum of five members and two alternate a maximum of 5 seven members to serve on each local board in consultation with 6 the chief judge of each judicial district . The actual number 7 of local boards needed and established shall be determined 8 by the state board. The members of each local board shall 9 consist of persons of , to the extent possible, reflect the 10 various social, economic, racial , and ethnic groups and various 11 occupations of their district. A person employed by the state 12 board , or the department, the department of inspections and 13 appeals, or the district court, or an employee of an agency 14 with which the department contracts for services for children 15 under foster care, a foster parent providing foster care, or 16 a child-placing agency shall not serve on a local board. The 17 state board shall provide the names of the members of the local 18 boards to the department. 19 2. Vacancies on a local board shall be filled in the 20 same manner as original appointments. The members shall not 21 receive per diem but shall receive reimbursement for actual and 22 necessary expenses incurred in their duties as members. 23 3. A local board member shall be required to pass a 24 background check and complete requirements as established by 25 the state board prior to taking an oath of confidentiality to 26 serve on a local board. 27 4. A local board member shall be required to receive 28 periodic continuing education during each term of service as 29 established by the state board. 30 Sec. 7. Section 237.20, subsection 1, unnumbered paragraph 31 1, Code 2022, is amended to read as follows: 32 Review the case of each child receiving foster care 33 assigned to the a local board by the state board in accordance 34 with written protocols adopted pursuant to section 237.16, 35 -6- HF 2390 (3) 89 dg/rh/md 6/ 11

H.F. 2390 subsection 4, to determine whether satisfactory progress 1 is being made toward the goals of the case permanency plan 2 pursuant to section 237.22 . The timing and frequency of 3 a review of each case by a local board shall take into 4 consideration the permanency goals, placement setting, and 5 frequency of any court reviews of the case. 6 Sec. 8. Section 237.20, subsection 1, paragraph a, 7 subparagraph (2), Code 2022, is amended to read as follows: 8 (2) The efforts of the agency responsible for the placement 9 of the child to locate and provide services to the child’s 10 biological or adoptive parents of the child , legal guardians, 11 or fictive kin providing the majority of a child’s daily food, 12 lodging, and support . 13 Sec. 9. Section 237.20, subsection 1, paragraphs b, c, and 14 d, Code 2022, are amended to read as follows: 15 b. The review shall include issues pertaining to the 16 case permanency plan and shall not include issues that do 17 not pertain to the case permanency plan. A person notified 18 pursuant to subsection 4 shall either attend the review or 19 submit testimony a statement as requested by the local board 20 or in accordance with a written protocol jointly developed by 21 the state board and the department. Oral testimony Statements 22 may, upon the request of the testifier an interested party or 23 upon motion of the local board, be given in a private setting 24 when to do so would facilitate the presentation of evidence . 25 Statements may be made in written, oral, or electronic form. 26 Local board questions reviews shall pertain to the permanency 27 plan and shall not include issues that do not pertain to the 28 permanency plan. 29 c. A person who gives an oral testimony statement has the 30 right to representation by counsel at the review. 31 d. An agency or individual providing services to the child 32 shall submit testimony statements as requested by the local 33 board. The testimony may be written or oral, or may be a 34 tape recorded telephone call. Written testimony or recorded 35 -7- HF 2390 (3) 89 dg/rh/md 7/ 11

H.F. 2390 statements from other interested parties may also be considered 1 by the board in its review. 2 Sec. 10. Section 237.20, subsection 2, paragraph a, Code 3 2022, is amended to read as follows: 4 a. Submit to the appropriate court and the department within 5 fifteen days after the review under subsection 1 , the findings 6 and recommendations of the review. The local board shall 7 ensure that the most recent report is available for a court 8 hearing. The report to the court shall include information 9 regarding the case permanency plan and the progress in 10 attaining the permanency goals. The report shall not include 11 issues that do not pertain to the case permanency plan. The 12 findings and recommendations shall include the proposed date 13 of the next review by the local board. The local board shall 14 notify the persons specified in subsection 4 of the findings 15 and recommendations. 16 Sec. 11. Section 237.20, subsection 4, paragraph a, Code 17 2022, is amended by adding the following new subparagraph: 18 NEW SUBPARAGRAPH . (9) An intervenor. 19 Sec. 12. Section 237.21, subsection 2, Code 2022, is amended 20 to read as follows: 21 2. Information and records relating to a child receiving 22 foster care and to the child’s family shall be provided to 23 a court appointed special advocate, a local board , or the 24 state board by the department , the department’s agent, or a 25 child-care child placement agency receiving purchase-of-service 26 funds from the department contracted by the department upon 27 request by the court appointed special advocate or either 28 board. A court having jurisdiction of a child receiving 29 foster care shall release the information and records the 30 court deems necessary to determine the needs of the child , 31 if the information and records are not obtainable elsewhere, 32 to a local board or the state board court appointed special 33 advocate upon request by either the local board or court 34 appointed special advocate . If confidential information and 35 -8- HF 2390 (3) 89 dg/rh/md 8/ 11

H.F. 2390 records are distributed to individual members in advance of a 1 meeting of the state board or a local board, the information 2 and records shall be clearly identified as confidential and the 3 members shall take appropriate steps to prevent unauthorized 4 disclosure. If confidential information and records are 5 distributed to a court appointed special advocate or court 6 appointed special advocate program staff, the information shall 7 be confidential and the court appointed special advocate and 8 court appointed special advocate program staff shall take 9 appropriate steps to prevent unauthorized disclosure. 10 Sec. 13. Section 237.21, subsection 4, Code 2022, is amended 11 to read as follows: 12 4. A court appointed special advocate may disclose 13 case-related observations and recommendations to the agency 14 assigned by the court to supervise the case, to the county 15 attorney, or to the child’s legal representative or guardian ad 16 litem , or at a local board meeting . Case-related observations 17 and recommendations about a child and the child’s parent or 18 about a child and the child’s legal guardian may also be 19 disclosed to the parent or guardian to which the observations 20 and recommendations pertain or to such parent or guardian’s 21 legal representative. 22 Sec. 14. Section 237.22, Code 2022, is amended to read as 23 follows: 24 237.22 Case permanency plan. 25 The agency responsible for the placement of the child shall 26 create a case permanency plan. The plan shall In addition to 27 requirements stated in section 232.2, subsection 4, the plan 28 shall also include , but not be limited to: 29 1. Plans for carrying out the voluntary placement agreement 30 or judicial determination pursuant to which the child entered 31 care. 32 2. 1. Time frames to meet the stated permanency goal and 33 short-term objectives. 34 3. The type and appropriateness of the placement and 35 -9- HF 2390 (3) 89 dg/rh/md 9/ 11

H.F. 2390 services to be provided to the child. 1 4. 2. The care and services that will be provided to the 2 child, biological parents, the child’s fictive kin, and foster 3 parents. 4 5. How the care and services will meet the needs of the 5 child while in care and will facilitate the child’s return home 6 or other permanent placement. 7 6. 3. The efforts to place the child with a relative or 8 fictive kin . 9 7. 4. The rationale for an out-of-state placement, and the 10 efforts to prevent such placement, if the child has been placed 11 out of state. 12 Sec. 15. NEW SECTION . 237.24 Court appointed special 13 advocates. 14 1. A court appointed special advocate shall receive notice 15 of all depositions, hearings, and trial proceedings in a matter 16 to which the court appointed special advocate is appointed. 17 2. The duties of a court appointed special advocate with 18 respect to a child, unless otherwise enlarged or circumscribed 19 by a court or juvenile court with jurisdiction over the 20 child after a finding of good cause, shall include all of the 21 following: 22 a. Conducting in-person interviews with the child every 23 thirty days, if the child’s age is appropriate for the 24 interview, and interviewing each parent, guardian, or other 25 person having custody of the child as needed, if authorized by 26 counsel. 27 b. Visiting the home, residence, or both home and residence 28 of the child and any prospective home or residence of the 29 child, including each time placement is changed. 30 c. Interviewing any person providing medical, mental health, 31 social, educational, or other services to the child. 32 d. Obtaining firsthand knowledge, if possible, of the facts, 33 circumstances, and parties involved in the matter in which the 34 court appointed special advocate is appointed. 35 -10- HF 2390 (3) 89 dg/rh/md 10/ 11

H.F. 2390 e. Attending any depositions, hearings, and trial 1 proceedings in a matter to which the court appointed special 2 advocate is appointed for the purpose of supporting the child 3 and advocating for the child’s protection. 4 f. Assisting the transition committee in the development of 5 a transition plan if the child’s case permanency plan calls for 6 the development of a transition plan. 7 g. (1) Submitting a written report to the juvenile court 8 and to each of the parties identified in section 237.21, 9 subsection 4, prior to each court hearing unless otherwise 10 ordered by the court. 11 (2) The report shall include but not be limited to the 12 identified strengths of the child and the child’s family, 13 concerns identified by the court appointed special advocate, 14 the court appointed special advocate’s recommendations 15 regarding the child’s placement, and other recommendations the 16 court appointed special advocate believes are in the child’s 17 best interests. 18 h. Submitting periodic reports to the court or juvenile 19 court with jurisdiction over a child and interested parties 20 detailing the child’s situation as long as the child remains 21 under the jurisdiction of the court or juvenile court. 22 i. Filing other reports as ordered by a court or juvenile 23 court. 24 -11- HF 2390 (3) 89 dg/rh/md 11/ 11