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Senate File 477 - IntroducedA Bill ForAn Act 1relating to juvenile justice, including provisions
2relating to child foster care and parent visitation in child
3in need of assistance proceedings.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.2, subsection 4, Code 2019, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. 0f. Plans for retaining any suitable
4existing medical, dental, or mental health providers providing
5medical, dental, or mental health care to the child when the
6child entered foster care.
7 Sec. 2. Section 232.2, subsection 4, paragraph f,
8subparagraph (7), Code 2019, is amended to read as follows:
9(7) Provision The transition plan shall include a provision
10 for the department or a designee of the department on or before
11the date the child reaches age eighteen, unless the child
12has been placed in foster care for less than thirty days,
13to provide to the child written verification of the child’s
14foster care status, and a certified copy of the child’s birth
15certificate, social security card, and driver’s license or
16government-issued nonoperator’s identification card. The fee
17for the certified copy of the child’s birth certificate that is
18otherwise chargeable under section 144.13A, 144.46, or 331.605
19shall be waived by the state or county registrar.
20 Sec. 3. Section 232.107, Code 2019, is amended to read as
21follows:
22232.107 Parent visitation.
23If a child is removed from the child’s home in accordance
24with an order entered under this division based upon evidence
25indicating the presence of an illegal drug in the child’s body,
26unless the court finds that substantial evidence exists to
27believe that reasonable visitation or supervised visitation
28would cause an imminent risk to the child’s life or health, the
29order shall allow the child’s parent reasonable visitation or
30supervised visitation with the child.
31 Sec. 4. Section 237.1, subsection 4, paragraph f, Code 2019,
32is amended to read as follows:
33f. Care furnished by a relative of a child for more than
34twenty days in one calendar year, or an individual person with
35a meaningful relationship with the child where the child is not
-1-1under the placement, care, or supervision of the department.
2 Sec. 5. Section 237.8, subsection 2, paragraph a,
3subparagraphs (1) and (2), Code 2019, are amended to read as
4follows:
5(1) If a person is being considered for licensure under
6this chapter, or for employment involving direct responsibility
7for a child or with access to a child when the child is alone
8 in a facility where children reside, by a licensee under this
9chapter, or if a person will reside in a facility utilized by
10a licensee, and if the person has been convicted of a crime
11or has a record of founded child abuse, the department and
12the licensee for an employee of the licensee shall perform
13an evaluation to determine whether the crime or founded
14child abuse warrants prohibition of licensure, employment,
15or residence in the facility. The department shall conduct
16criminal and child abuse record checks in this state and may
17conduct these checks in other states. The evaluation shall
18be performed in accordance with procedures adopted for this
19purpose by the department.
20(2) For an individual If an individual is being considered
21for licensure under this chapter, or for employment involving
22direct responsibility for a child or in a facility where
23children reside, by a licensee under this chapter, or if an
24individual will reside in a facility utilized by a licensee,
25or if an individual is subject to licensure under this chapter
26as a foster parent, in addition to the record checks conducted
27under subparagraph (1), the individual’s fingerprints shall
28be provided to the department of public safety for submission
29through the state criminal history repository to the United
30States department of justice, federal bureau of investigation
31for a national criminal history check. The cost of the
32criminal history check conducted under this subparagraph is the
33responsibility of the department of human services.
34 Sec. 6. Section 237.8, subsection 2, paragraph a, Code 2019,
35is amended by adding the following new subparagraphs:
-2-1 NEW SUBPARAGRAPH. (02) If the criminal and child abuse
2record checks conducted in this state under subparagraph (1)
3for an individual being considered for licensure under this
4chapter, or for employment involving direct responsibility for
5a child or in a facility where children reside, by a licensee
6under this chapter, or for an individual who will reside in
7a facility utilized by a licensee, have been completed and
8the individual either does not have a record of crime or
9founded child abuse or the department’s evaluation of the
10record has determined that prohibition of the individual’s
11licensure or employment is not warranted, the individual may
12be provisionally approved for licensure or employment pending
13the outcome of the fingerprint-based criminal history check
14conducted pursuant to subparagraph (2).
15 NEW SUBPARAGRAPH. (002) An individual being considered
16for licensure under this chapter, or for employment involving
17direct responsibility for a child or in a facility where
18children reside, by a licensee under this chapter, or for
19an individual who will reside in a facility utilized by a
20licensee, shall not be granted a license or be employed and an
21evaluation shall not be performed under this subsection if the
22individual has been convicted of any of the following felony
23offenses:
24(a) Within the five-year period preceding the application
25date, a drug-related offense.
26(b) Child endangerment or neglect or abandonment of a
27dependent person.
28(c) Domestic abuse.
29(d) A crime against a child, including but not limited to
30sexual exploitation of a minor.
31(e) A forcible felony.
32 Sec. 7. DIRECTIVE TO DEPARTMENT OF HUMAN SERVICES — FOSTER
33CARE CASE PERMANENCY PLAN. The department of human services
34shall amend its administrative rules pursuant to chapter 17A
35to provide that a case permanency plan for a child placed
-3-1in foster care shall include information describing efforts
2to maintain suitable mental health care and medical health
3care for the child to avoid inappropriate diagnoses of mental
4illness, other emotional or behavioral disorders, medically
5fragile conditions, and developmental disabilities.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill relates to juvenile justice including provisions
10relating to child foster care placement and parent visitation
11in child in need of assistance proceedings.
12CHILD FOSTER CARE. The bill requires a case permanency
13plan for a child placed in foster care to include certain
14information relating to the placement including certain care
15and services provided to the child that meet the child’s needs.
16The bill provides that the case permanency plan shall also
17include plans for retaining any suitable existing medical,
18dental, or mental health providers providing medical, dental,
19or mental health care to the child when the child entered
20foster care. The bill directs the department of human services
21(DHS) to amend its administrative rules to provide that a case
22permanency plan for a child placed in foster care shall include
23information describing efforts to maintain suitable mental
24health care and medical health care in an effort to avoid
25inappropriate diagnoses of mental illness, other emotional
26or behavioral disorders, medically fragile conditions, and
27developmental disabilities.
28Under current law, when a child in foster care placement
29is 14 years of age or older, a written transition plan of
30services is developed by DHS or the appropriate agency and the
31child’s parent, guardian, or custodian and included in the case
32permanency plan to assist the child in preparing to transition
33from foster care to adulthood. The transition plan must
34include a provision for DHS to provide to the child a certified
35copy of the child’s birth certificate, social security card,
-4-1and driver’s license or government-issued nonoperator’s
2identification card on or before the date the child reaches 18
3years of age, unless the child has been placed in foster care
4for less than 30 days. The bill expands current law to provide
5that DHS shall also provide the child written verification of
6the child’s foster care status.
7Current law excludes from the definition of “child foster
8care” care provided by a relative of a child for more than
920 days in one calendar year, where the child is not under
10the placement, care, or supervision of DHS. The bill amends
11this provision to instead provide that care provided by a
12relative of a child or an individual person with a meaningful
13relationship with the child, where the child is not under the
14placement, care, or supervision of DHS, is a care situation
15excluded from the definition.
16Under current law, an individual (defined as an individual
17person or a married couple who provides child foster care
18in a home environment) who is subject to licensure under
19Code chapter 237 (relating to child foster care facilities
20and licensure) as a foster parent, in addition to criminal
21and child abuse record checks, is required to provide the
22individual’s fingerprints to the department of public safety
23for submission through the state criminal history repository
24to the United States department of justice, federal bureau of
25investigation for a national criminal history check. The bill
26expands the scope of individuals who must provide fingerprints
27to include individuals being considered for licensure
28under Code chapter 237, or for employment involving direct
29responsibility for a child or in a facility where children
30reside, and individuals who will reside in a facility utilized
31by a licensee.
32The bill provides that if the required criminal and child
33abuse record checks have been completed for an individual
34being considered for licensure or for employment involving
35direct responsibility for a child or in a facility where
-5-1children reside, by a licensee under Code chapter 237, or for
2an individual who will reside in a facility utilized by a
3licensee and the individual does not have a record of crime
4or founded child abuse, or the department’s evaluation of the
5record has determined that the prohibition of the individual’s
6licensure or employment is not warranted, the individual
7may be provisionally approved for licensure or employment
8pending the outcome of the fingerprint-based criminal history
9check. However, such an individual shall not be licensed
10or be employed and an evaluation shall not be performed if
11the individual has been convicted of a felony-level offense
12including: a drug-related offense within the five-year
13period preceding the application date; child endangerment or
14neglect or abandonment of a dependent person; domestic abuse;
15a crime against a child, including but not limited to sexual
16exploitation of a minor; or a forcible felony.
17CHILD IN NEED OF ASSISTANCE — PARENT VISITATION. Under
18current law, if a child is removed from the child’s home in
19a child in need of assistance proceeding based upon evidence
20indicating the presence of an illegal drug in the child’s body,
21unless the court finds that substantial evidence exists to
22believe that reasonable visitation or supervised visitation
23would cause an imminent risk to the child’s life or health,
24the court shall allow the child’s parent reasonable visitation
25or supervised visitation with the child. The bill strikes the
26provision relating to a removal from the child’s home based
27only upon evidence indicating the presence of an illegal drug
28in the child’s body.
-6-hb/rh
2relating to child foster care and parent visitation in child
3in need of assistance proceedings.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.2, subsection 4, Code 2019, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. 0f. Plans for retaining any suitable
4existing medical, dental, or mental health providers providing
5medical, dental, or mental health care to the child when the
6child entered foster care.
7 Sec. 2. Section 232.2, subsection 4, paragraph f,
8subparagraph (7), Code 2019, is amended to read as follows:
9(7) Provision The transition plan shall include a provision
10 for the department or a designee of the department on or before
11the date the child reaches age eighteen, unless the child
12has been placed in foster care for less than thirty days,
13to provide to the child written verification of the child’s
14foster care status, and a certified copy of the child’s birth
15certificate, social security card, and driver’s license or
16government-issued nonoperator’s identification card. The fee
17for the certified copy of the child’s birth certificate that is
18otherwise chargeable under section 144.13A, 144.46, or 331.605
19shall be waived by the state or county registrar.
20 Sec. 3. Section 232.107, Code 2019, is amended to read as
21follows:
22232.107 Parent visitation.
23If a child is removed from the child’s home in accordance
24with an order entered under this division based upon evidence
25indicating the presence of an illegal drug in the child’s body,
26unless the court finds that substantial evidence exists to
27believe that reasonable visitation or supervised visitation
28would cause an imminent risk to the child’s life or health, the
29order shall allow the child’s parent reasonable visitation or
30supervised visitation with the child.
31 Sec. 4. Section 237.1, subsection 4, paragraph f, Code 2019,
32is amended to read as follows:
33f. Care furnished by a relative of a child for more than
34twenty days in one calendar year, or an individual person with
35a meaningful relationship with the child where the child is not
-1-1under the placement, care, or supervision of the department.
2 Sec. 5. Section 237.8, subsection 2, paragraph a,
3subparagraphs (1) and (2), Code 2019, are amended to read as
4follows:
5(1) If a person is being considered for licensure under
6this chapter, or for employment involving direct responsibility
7for a child or with access to a child when the child is alone
8 in a facility where children reside, by a licensee under this
9chapter, or if a person will reside in a facility utilized by
10a licensee, and if the person has been convicted of a crime
11or has a record of founded child abuse, the department and
12the licensee for an employee of the licensee shall perform
13an evaluation to determine whether the crime or founded
14child abuse warrants prohibition of licensure, employment,
15or residence in the facility. The department shall conduct
16criminal and child abuse record checks in this state and may
17conduct these checks in other states. The evaluation shall
18be performed in accordance with procedures adopted for this
19purpose by the department.
20(2) For an individual If an individual is being considered
21for licensure under this chapter, or for employment involving
22direct responsibility for a child or in a facility where
23children reside, by a licensee under this chapter, or if an
24individual will reside in a facility utilized by a licensee,
25or if an individual is subject to licensure under this chapter
26as a foster parent, in addition to the record checks conducted
27under subparagraph (1), the individual’s fingerprints shall
28be provided to the department of public safety for submission
29through the state criminal history repository to the United
30States department of justice, federal bureau of investigation
31for a national criminal history check. The cost of the
32criminal history check conducted under this subparagraph is the
33responsibility of the department of human services.
34 Sec. 6. Section 237.8, subsection 2, paragraph a, Code 2019,
35is amended by adding the following new subparagraphs:
-2-1 NEW SUBPARAGRAPH. (02) If the criminal and child abuse
2record checks conducted in this state under subparagraph (1)
3for an individual being considered for licensure under this
4chapter, or for employment involving direct responsibility for
5a child or in a facility where children reside, by a licensee
6under this chapter, or for an individual who will reside in
7a facility utilized by a licensee, have been completed and
8the individual either does not have a record of crime or
9founded child abuse or the department’s evaluation of the
10record has determined that prohibition of the individual’s
11licensure or employment is not warranted, the individual may
12be provisionally approved for licensure or employment pending
13the outcome of the fingerprint-based criminal history check
14conducted pursuant to subparagraph (2).
15 NEW SUBPARAGRAPH. (002) An individual being considered
16for licensure under this chapter, or for employment involving
17direct responsibility for a child or in a facility where
18children reside, by a licensee under this chapter, or for
19an individual who will reside in a facility utilized by a
20licensee, shall not be granted a license or be employed and an
21evaluation shall not be performed under this subsection if the
22individual has been convicted of any of the following felony
23offenses:
24(a) Within the five-year period preceding the application
25date, a drug-related offense.
26(b) Child endangerment or neglect or abandonment of a
27dependent person.
28(c) Domestic abuse.
29(d) A crime against a child, including but not limited to
30sexual exploitation of a minor.
31(e) A forcible felony.
32 Sec. 7. DIRECTIVE TO DEPARTMENT OF HUMAN SERVICES — FOSTER
33CARE CASE PERMANENCY PLAN. The department of human services
34shall amend its administrative rules pursuant to chapter 17A
35to provide that a case permanency plan for a child placed
-3-1in foster care shall include information describing efforts
2to maintain suitable mental health care and medical health
3care for the child to avoid inappropriate diagnoses of mental
4illness, other emotional or behavioral disorders, medically
5fragile conditions, and developmental disabilities.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill relates to juvenile justice including provisions
10relating to child foster care placement and parent visitation
11in child in need of assistance proceedings.
12CHILD FOSTER CARE. The bill requires a case permanency
13plan for a child placed in foster care to include certain
14information relating to the placement including certain care
15and services provided to the child that meet the child’s needs.
16The bill provides that the case permanency plan shall also
17include plans for retaining any suitable existing medical,
18dental, or mental health providers providing medical, dental,
19or mental health care to the child when the child entered
20foster care. The bill directs the department of human services
21(DHS) to amend its administrative rules to provide that a case
22permanency plan for a child placed in foster care shall include
23information describing efforts to maintain suitable mental
24health care and medical health care in an effort to avoid
25inappropriate diagnoses of mental illness, other emotional
26or behavioral disorders, medically fragile conditions, and
27developmental disabilities.
28Under current law, when a child in foster care placement
29is 14 years of age or older, a written transition plan of
30services is developed by DHS or the appropriate agency and the
31child’s parent, guardian, or custodian and included in the case
32permanency plan to assist the child in preparing to transition
33from foster care to adulthood. The transition plan must
34include a provision for DHS to provide to the child a certified
35copy of the child’s birth certificate, social security card,
-4-1and driver’s license or government-issued nonoperator’s
2identification card on or before the date the child reaches 18
3years of age, unless the child has been placed in foster care
4for less than 30 days. The bill expands current law to provide
5that DHS shall also provide the child written verification of
6the child’s foster care status.
7Current law excludes from the definition of “child foster
8care” care provided by a relative of a child for more than
920 days in one calendar year, where the child is not under
10the placement, care, or supervision of DHS. The bill amends
11this provision to instead provide that care provided by a
12relative of a child or an individual person with a meaningful
13relationship with the child, where the child is not under the
14placement, care, or supervision of DHS, is a care situation
15excluded from the definition.
16Under current law, an individual (defined as an individual
17person or a married couple who provides child foster care
18in a home environment) who is subject to licensure under
19Code chapter 237 (relating to child foster care facilities
20and licensure) as a foster parent, in addition to criminal
21and child abuse record checks, is required to provide the
22individual’s fingerprints to the department of public safety
23for submission through the state criminal history repository
24to the United States department of justice, federal bureau of
25investigation for a national criminal history check. The bill
26expands the scope of individuals who must provide fingerprints
27to include individuals being considered for licensure
28under Code chapter 237, or for employment involving direct
29responsibility for a child or in a facility where children
30reside, and individuals who will reside in a facility utilized
31by a licensee.
32The bill provides that if the required criminal and child
33abuse record checks have been completed for an individual
34being considered for licensure or for employment involving
35direct responsibility for a child or in a facility where
-5-1children reside, by a licensee under Code chapter 237, or for
2an individual who will reside in a facility utilized by a
3licensee and the individual does not have a record of crime
4or founded child abuse, or the department’s evaluation of the
5record has determined that the prohibition of the individual’s
6licensure or employment is not warranted, the individual
7may be provisionally approved for licensure or employment
8pending the outcome of the fingerprint-based criminal history
9check. However, such an individual shall not be licensed
10or be employed and an evaluation shall not be performed if
11the individual has been convicted of a felony-level offense
12including: a drug-related offense within the five-year
13period preceding the application date; child endangerment or
14neglect or abandonment of a dependent person; domestic abuse;
15a crime against a child, including but not limited to sexual
16exploitation of a minor; or a forcible felony.
17CHILD IN NEED OF ASSISTANCE — PARENT VISITATION. Under
18current law, if a child is removed from the child’s home in
19a child in need of assistance proceeding based upon evidence
20indicating the presence of an illegal drug in the child’s body,
21unless the court finds that substantial evidence exists to
22believe that reasonable visitation or supervised visitation
23would cause an imminent risk to the child’s life or health,
24the court shall allow the child’s parent reasonable visitation
25or supervised visitation with the child. The bill strikes the
26provision relating to a removal from the child’s home based
27only upon evidence indicating the presence of an illegal drug
28in the child’s body.
-6-hb/rh