Iowa Legislature: HF2471

House File 2471 - IntroducedA Bill ForAn Act 1relating to human services and juvenile justice
2including child custody, child in need of assistance, and
3family in need of assistance proceedings, establishing
4the department of family stabilization and preservation,
5providing penalties, and including effective date
6provisions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2DEPARTMENT OF FAMILY STABILIZATION AND PRESERVATION
3   Section 1.  NEW SECTION.  217A.1  Definitions.
   4For purposes of this chapter, unless the context otherwise
5requires:
   61.  “Board” means the board of the department of family
7stabilization and preservation established in section 217A.4.
   82.  “Department” means the department of family stabilization
9and preservation established in section 217A.2.
   103.  “Director” means the director of the department.
   114.  “Institution” means the same as defined in section 218.1.
12   Sec. 2.  NEW SECTION.  217A.2  Department established.
   131.  The department of family stabilization and preservation
14is established to be responsible for providing access to
15services and resources to families, children, and dependent
16adults in crisis.
   172.  “Crisis” for the purposes of this chapter includes but is
18not limited to all of the following:
   19a.  Lack of vital resources.
   20b.  Lack of access to vital resources.
   21c.  Lack of shelter.
   22d.  Lack of transportation.
   23e.  Lack of access to mental health services and resources.
   24f.  Food insecurity.
   25g.  Medical emergency.
   26h.  Lack of access to court-ordered services.
   273.  Receipt of department services are voluntary unless,
28with good cause, are ordered by a court in a criminal action.
29   Sec. 3.  NEW SECTION.  217A.3  Family law court mediation
30division.
   311.  This section establishes, within the department of
32family stabilization and preservation, a family law court
33mediation division for family matters including child custody,
34dissolution of marriage, and civil family matters.
   352.  The district court may, on its own motion or on the
-1-1motion of any party, order the parties to participate in
2mediation in any child custody, dissolution of marriage action,
3or any other civil family matter. Mediation performed under
4this section shall comply with the provisions of chapter 679C.
   53.  The supreme court shall prescribe rules for the mediation
6program, including the circumstances under which the district
7court may order participation in mediation.
   84.  Any dispute resolution program shall comply with all of
9the following standards:
   10a.  Participation in mediation shall include attendance
11at a mediation session with the mediator and the parties
12to the action, listening to the mediator’s explanation of
13the mediation process, presentation of one party’s view of
14the case, and listening to the response of the other party.
15Participation in mediation does not require that the parties
16reach an agreement.
   17b.  The parties may choose the mediator, or the court shall
18appoint a mediator. A court-appointed mediator shall meet the
19qualifications established by the supreme court.
   20c.  Parties to the mediation have the right to the advice and
21presence of counsel at all times.
   22d.  The parties to the mediation shall present any agreement
23reached through the mediation to their attorneys, if any.
24A mediation agreement reached by the parties shall not be
25enforceable until approved by the court.
   26e.  The costs of mediation shall be borne by the parties,
27as agreed to by the parties, or as ordered by the court, and
28may be taxed as court costs. Mediation shall be provided on a
29sliding fee scale for parties who are determined to be indigent
30pursuant to section 815.9.
   315.  The supreme court shall prescribe qualifications for
32mediators under this section. The qualifications shall include
33but are not limited to the ethical standards to be observed by
34mediators. The qualifications shall not include a requirement
35that the mediator be licensed to practice any particular
-2-1profession.
2   Sec. 4.  NEW SECTION.  217A.4  Board created.
   3A board of family stabilization and preservation is created
4within the department. The board shall consist of seven
5members appointed by the governor subject to confirmation by
6the senate. Not more than four members shall be from the same
7political party. Members shall be residents of the state.
8Six of the seven members shall be residents of a different
9congressional district. Members of the boards shall serve
10four-year staggered terms.
11   Sec. 5.  NEW SECTION.  217A.5  Board of family stabilization
12and preservation — duties.
   131.  Organize annually and select a chairperson and a vice
14chairperson.
   152.  Adopt and establish policies for the operation and
16conduct of the department and the implementation of all
17department programs.
   183.  Recommend to the governor the names of individuals
19qualified for the position of director when a vacancy exists
20in the office.
   214.  Report immediately to the governor any failure by the
22director of the department to carry out any of the policy
23decisions or directives of the board.
   245.  Adopt rules in accordance with chapter 17A as the
25board deems necessary to transact its business and for the
26administration and exercise of its powers and duties.
   276.  Make recommendations from time to time to the governor
28and the general assembly.
   297.  Perform other functions as provided by law.
30   Sec. 6.  NEW SECTION.  217A.6  Meetings.
   31The board shall meet at least twelve times a year. Special
32meetings may be called by the chairperson or upon written
33request of any three members of the board. The chairperson
34shall preside at all meetings or in the chairperson’s absence,
35the vice chairperson shall preside. The members of the board
-3-1shall be compensated as provided in section 7E.6 when attending
2meetings.
3   Sec. 7.  NEW SECTION.  217A.7  Director — appointment and
4qualifications.
   51.  The chief administrative officer for the department
6shall be the director. The director shall be appointed by the
7governor subject to confirmation by the senate and shall serve
8at the pleasure of the governor.
   92.  The director shall not be selected on the basis of
10political affiliation and while employed as the director,
11shall not be a member of a political committee, participate in
12a political campaign, be a candidate for a partisan elective
13office, and shall not contribute to a political campaign fund,
14except that the director may designate on the checkoff portion
15of the state or federal income tax return, or both, a party
16or parties to which a contribution is made pursuant to the
17checkoff. The director shall not hold any other office under
18the laws of the United States or of this or any state or hold
19any position for profit, and shall work full-time to accomplish
20the duties of the office.
21   Sec. 8.  NEW SECTION.  217A.8  Director — duties and
22responsibilities.
   231.  The director shall:
   24a.  Supervise the operations of the institutions under
25the department’s jurisdiction and may delegate the powers
26and authorities given the director by statute to officers or
27employees of the department.
   28b.  Supervise state agents whose duties relate primarily to
29the department.
   30c.  Establish and maintain a program to oversee community
31programs to foster family preservation and stabilization and to
32provide community support to ensure continuity and consistency
33of the programs. The person responsible for implementing this
34section shall report to the director.
   35d.  The director may also provide rehabilitative treatment
-4-1and services to other persons who require the services.
2The director shall identify all individuals agreeing to
3services. Identification shall be made by a qualified medical
4professional. The director shall consult with the department
5of health services in providing habilitative services and
6treatment to mentally and physically challenged persons.
   7e.  Employ, assign, and reassign personnel as necessary for
8the performance of duties and responsibilities assigned to
9the department. Employees shall be selected on the basis of
10fitness for work to be performed with due regard to training
11and experience and are subject to chapter 19A.
   12f.  Examine all state institutions and service providers
13to determine their efficiency for adequate care, custody, and
14training of their workers and report the findings to the board.
   15g.  Prepare a budget for the department, subject to the
16approval of the board, and other reports as required by law.
   17h.  Develop long-range planning and an ongoing five-year
18master plan. The director shall annually report to the general
19assembly to inform its members as to the status and content of
20the planning and master plan.
   21i.  Supervise services and service providers at institutions
22under the jurisdiction of the department who receive federal
23or state tax dollars within the state as may be established
24by the director. Persons committed to institutions under
25the jurisdiction of the department may be transferred to the
26facilities of the system and upon transfer shall be subject to
27the same laws as pertain to the transferring institution.
   28j.  Adopt rules, subject to the approval of the board,
29pertaining to the internal management of institutions and
30agencies under the director’s charge and necessary to carry out
31the duties and powers outlined in this section.
   322.  The director may establish, for any service provider,
33the guidelines of creating, implementing, and facilitating an
34individual self-sufficiency plan or a family self-sufficiency
35plan.
-5-   13.  The director may establish a bonus pay system for
2case managers whose cases result in family stabilization and
3preservation and the protection of families in crisis.
   44.  The director may expend moneys from the support
5allocation of the department as reimbursement for the
6replacement or repair of personal items of the department’s
7employees damaged or destroyed by clients of the department
8while the employee is working. However, the reimbursement
9shall not exceed one hundred fifty dollars for each item. The
10director shall establish rules in accordance with chapter 17A
11to carry out the purpose of this subsection.
   125.  The director may obtain assistance for the department
13including construction, facility planning, data processing, and
14project accomplishment by contracting under chapter 28E with
15the department of general services.
16   Sec. 9.  NEW SECTION.  217A.9  Official seal.
   17The department shall have an official seal with the words
18“Iowa Department of Family Stabilization and Preservation”
19and other engraved design as the board prescribes. Every
20commission, order, or other paper of an official nature
21executed by the department may be attested with the seal.
22   Sec. 10.  NEW SECTION.  217A.10  Travel expenses.
   23The director, staff members, assistants, and employees,
24in addition to a salary, shall receive necessary travel
25expenses, calculated based on the nearest practicable route of
26travel when engaged in the performance of official business.
27Permission shall not be granted to any person to travel to
28another state except by approval of the board.
29   Sec. 11.  NEW SECTION.  217A.11  Report by department.
   30Annually, at the time provided by law, the department shall
31make a report to the governor and the general assembly which
32shall cover the annual period ending June 30 preceding the date
33of the report and shall include all of the following:
   341.  An itemized statement of the department’s expenditures
35for each program under the department’s administration.
-6-   12.  Adequate and complete statistical reports for the state
2as a whole concerning payments made under the department’s
3administration.
   43.  Recommendations concerning changes in laws under the
5department’s administration as the board deems necessary.
   64.  Observations and recommendations of the board and the
7director relative to the programs of the department.
   85.  Information concerning long-range planning and the
9master plan as provided by section 217A.8, subsection 1,
10paragraph “h”.
   116.  Other information the board or the director deems
12advisable or which is requested by the governor or the general
13assembly.
14   Sec. 12.  NEW SECTION.  217A.12  Confidentiality of records
— report.
   161.  The following information regarding individuals
17receiving services from the department is confidential:
   18a.  Names and addresses of individuals receiving services
19from the department, and the types of services or amounts of
20assistance provided, except as otherwise provided in subsection
214.
   22b.  Information concerning the social or economic conditions
23or circumstances of a particular individual who is receiving or
24has received services or assistance from the department.
   25c.  Agency evaluations of information about a particular
26individual.
   27d.  Medical or psychiatric data including diagnosis and
28past history of disease or disability concerning a particular
29individual.
   302.  Information described in subsection 1 shall not be
31disclosed to or used by any person or agency except for the
32purposes of administration of the department’s programs of
33services or assistance and shall not, except as otherwise
34provided in subsection 4, be disclosed to or used by persons
35or agencies outside the department unless they are subject to
-7-1standards of confidentiality comparable to those imposed on the
2department by this section.
   33.  This section does not restrict the disclosure or use
4of information regarding the cost, purpose, number of persons
5served or assisted by, and results of any program administered
6by the department, and other general and statistical
7information, so long as the information does not identify
8particular individuals served or assisted.
   94.  a.  The general assembly finds and determines that
10the use and disclosure of information as provided in this
11subsection is for purposes directly connected with the
12administration of the programs of services and assistance
13referred to in this section and is essential for proper
14administration.
   15b.  Confidential information described in subsection 1,
16paragraphs “a”, “b”, and “c”, shall be disclosed to public
17officials for use in connection with official duties relating
18to law enforcement, audits, and other purposes directly
19connected with the administration of the programs, upon written
20application to, and with the approval of the director or the
21director’s designee.
   225.  Any reasonable grounds to believe that a public employee
23has violated a provision of this section is grounds for
24immediate removal from any access to confidential records or
25suspension from duty without pay.
   266.  If it is established that a provision of this section
27would cause any of the department’s programs of services
28or assistance to become ineligible for federal funds, the
29provision shall be limited or restricted to the extent
30necessary to make the program eligible for federal funds. The
31department shall adopt rules pursuant to chapter 17A necessary
32to implement this subsection.
   337.  Violation of this section is a serious misdemeanor.
   348.  This section takes precedence over section 17A.12,
35subsection 7.
-8-1   Sec. 13.  NEW SECTION.  217A.13  Action for damages.
   2A person may institute a civil action for damages under
3chapter 232 or to restrain the dissemination of confidential
4records set out in section 217A.12, subsection 1, in violation
5of that section, and a person, agency, governmental body,
6or similar entity, proven to have disseminated or to have
7requested and received confidential records in violation of
8section 217A.12, subsection 1, is liable for actual damages and
9exemplary damages for each violation, and shall be liable for
10court costs, expenses, and reasonable attorney fees incurred by
11the party bringing the action. The award for damages shall not
12be less than one hundred dollars.
13   Sec. 14.  NEW SECTION.  217A.14  Powers of governor — report
14of abuses.
   15Section 217A.8, subsection 1, paragraph “a”, does not
16limit the general supervisory or examining powers vested in
17the governor by the laws or constitution of the state, or
18legally vested by the governor in a committee appointed by
19the governor. The superintendent of an institution shall
20make reports to the board and the director as requested by
21the board and the director, and the director shall report, in
22writing, to the governor any abuses found to exist in any of
23the institutions.
24   Sec. 15.  NEW SECTION.  217A.15  Appointment of
25superintendents of institutions.
   261.  The director shall appoint, subject to the approval of
27the board, a superintendent of an institution.
   282.  A superintendent has the immediate custody and control,
29subject to the orders and policies of the director, of all
30property used in connection with the institution except as
31otherwise provided by law.
   323.  The tenure of a superintendent shall be at the pleasure
33of the director, but a superintendent may be removed for
34inability or refusal to properly perform the duties of the
35office. Removal shall occur only after an opportunity to
-9-1be heard before the board and the director and upon written
2charges. The removal when made is final.
3   Sec. 16.  NEW SECTION.  217A.16  Subordinate officers and
4employees.
   5The director shall determine the number of subordinate
6officers and employees for each institution, and the
7compensation for subordinate officers and employees. Subject
8to this chapter, the subordinate officers and employees shall
9be appointed and discharged by the superintendent who shall
10keep in the record of each subordinate officer and employee the
11date of employment, the compensation, and the date of and the
12reasons for each discharge.
13DIVISION II
14JUVENILE JUSTICE PROVISIONS
15   Sec. 17.  FINDINGS — FAMILIAL RIGHTS.
   161.  The legislature finds that the familial rights and
17the liberty of families of origin to direct the upbringing,
18education, and care of their children is a fundamental right.
19The first amendment to the Constitution of the United States
20guarantees the right of parents and children to have and
21maintain intimate and expressive close family relations and
22parent-child freedom of speech, association, worship, and
23family privacy, the regulation of which shall be subject to
24strict scrutiny, and the state shall not interfere with these
25rights except upon the most compelling of justifications in
26compliance with narrowly tailored laws and only where the
27state has demonstrated that the means employed are the least
28restrictive means relating to the rights of both parents and
29children. When the state interferes with these first amendment
30rights, the state irreparably harms children.
   312.  The familial right to direct education includes the
32rights of parents to choose, as an alternative to public
33education, private, religious, and home school education. A
34parent shall have the right to make reasonable choices for
35their child attending public school including the right to
-10-1make reasonable medical decisions and to train, direct, and
2discipline their child in an appropriately corrective manner
3and in a manner that promotes good citizenship.
   43.  The United States or the state shall not infringe on
5the rights of families guaranteed by this section without
6demonstrating that a governmental interest is of the highest
7order and not capable of being achieved by less restrictive
8means. The familial rights guaranteed by this section shall
9not be denied or abridged due to any disability.
   104.  This section shall not be construed to apply to parental
11actions or decisions that would place a child in imminent
12danger as defined in section 232.2.
   135.  No treaty may be adopted nor shall any international law
14be employed to supersede, modify, interpret, or apply to the
15rights guaranteed by this section.
16   Sec. 18.  Section 232.1, Code 2020, is amended to read as
17follows:
   18232.1  Rules of construction.
   191.  This chapter shall be liberally construed to the end
20that each child under the jurisdiction of the court shall
21receive, preferably in the child’s own home, the care, guidance
22and control that will best serve the child’s welfare and the
23best interest of the state, will preserve constitutionally
24protected rights, and will protect the relationship of a child
25to and with a child’s family of origin, all of which serve
26the interests of the state. When a child is removed from the
27control of the child’s parents, the court shall secure for
28the child care as nearly as possible equivalent to that which
29should have been given by the parents.
   302.  Compelling justification is required for the state
31to interfere in the private family realm and to infringe on
32first amendment associational rights of parents and children.
33A court shall be required to make case and fact-specific
34determinations relating to due process given the substantive
35rights at issue, and shall be required to perform a fact and
-11-1case-specific substantive rights analysis based on a clear and
2convincing evidentiary standard. If the proper standard has
3been met to invoke the state’s parens patriae power, a proper
4state agency investigation that preserves the rights of the
5accused as well as the child shall be undertaken while securing
6a safe and secure home for the child.
   73.  If a child is removed from a child’s home and a family
8member of the child cannot assume responsibility for the
9child, closely monitored safety and welfare checks of the
10child’s placement with a person other than a family member
11shall be required. The child shall only be removed from the
12natural parent’s home long enough to ensure that any imminently
13dangerous situation is addressed and care has been taken to
14correct the imminent danger.
   154.  A state agency shall not require any natural parent to
16admit to any act or omission as a condition of maintaining an
17association with and possession of their child. Matters of
18conscience, differences of opinion, beliefs, and values between
19natural parents and the state shall not be used as evidence
20against a natural parent. When evaluating the severity of harm
21to a child, no presumption exists that a child placed in foster
22care will not suffer any harm. The state shall establish
23evidence-based balancing metrics of risk and severity based
24on the abuse children receive in foster care and the harm the
25children suffer when that abuse is a result of the acts or
26omissions of a caretaker to whom such children are not bonded.
27   Sec. 19.  Section 232.2, subsection 2, Code 2020, is amended
28to read as follows:
   292.  “Adjudicatory hearing” means a hearing to determine if
30the allegations of a petition are true, and to obtain a just,
31fair, equitable, and impartial adjudication of the rights of
32parties under established principles of substantive law. This
33objective shall be attained expeditiously and at the least
34expense to the parties and the state as is practicable.
35   Sec. 20.  Section 232.2, subsection 4, Code 2020, is amended
-12-1by striking the subsection.
2   Sec. 21.  Section 232.2, subsection 6, paragraph e, Code
32020, is amended to read as follows:
   4e.  Who is in need of medical treatment to cure, alleviate,
5or prevent serious physical injury or illness and whose parent,
6guardian, or custodian is unwilling or unable to provide such
7treatment.
8   Sec. 22.  Section 232.2, subsection 6, paragraph m, Code
92020, is amended to read as follows:
   10m.  Who is in need of treatment to cure or alleviate
11chemical dependency and whose parent, guardian, or custodian is
12unwilling or unable to provide such treatment.
13   Sec. 23.  Section 232.2, subsection 6, paragraph p,
14unnumbered paragraph 1, Code 2020, is amended to read as
15follows:
   16Whose parent, guardian, custodian, or other adult member
17of the household in which a child resides does any of the
18following: unlawfully uses, possesses, manufactures,
19cultivates, or distributes a dangerous substance in the
20presence of a child; or knowingly allows such use, possession,
21 manufacture, cultivation, or distribution by another person
22in the presence of a child; or possesses a product with the
23intent to use the product as a precursor or an intermediary to
24a dangerous substance in the presence of a child; or unlawfully
25uses, possesses, manufactures, cultivates, or distributes a
26dangerous substance specified in subparagraph (2), subparagraph
27division (a), (b), or (c), in a child’s home, on the premises,
28or in a motor vehicle located on the premises.
29   Sec. 24.  Section 232.2, subsection 6, paragraph p,
30subparagraph (1), Code 2020, is amended to read as follows:
   31(1)  For the purposes of this paragraph, “in the presence of
32a child” means in the physical presence of a child or occurring
33under other circumstances in which a reasonably prudent person
34would know that the use, possession, manufacture, cultivation,
35or distribution may be seen, smelled, or ingested, or heard by
-13-1a child.
2   Sec. 25.  Section 232.2, subsection 13, Code 2020, is amended
3to read as follows:
   413.  “Department” means the department of human services
5 family stabilization and preservation created pursuant to
6section 217A.2 and includes the local, county, and service area
7officers of the department.
8   Sec. 26.  Section 232.2, subsection 17, Code 2020, is amended
9to read as follows:
   1017.  “Director” means the director of the department of human
11services family stabilization and preservation or that person’s
12designee.
13   Sec. 27.  Section 232.2, subsection 20, Code 2020, is amended
14to read as follows:
   1520.  “Family in need of assistance” means a family in which
16there has been a breakdown in the relationship between a child
17and the child’s parent, guardian, or custodian, or a family in
18need of stabilization resources and services.
19   Sec. 28.  Section 232.2, subsection 22, paragraph b,
20subparagraphs (1) and (5), Code 2020, are amended to read as
21follows:
   22(1)  Conducting in-person interviews with the child, if the
23child’s age is appropriate for the interview, and interviewing
24each parent, guardian, or other person having custody of the
25child, if authorized by counsel. All interviews conducted
26shall be recorded and made a part of the court record.
   27(5)  Obtaining firsthand knowledge, if possible, of the
28facts, circumstances, and parties involved in the matter in
29which the person is appointed guardian ad litem.
30   Sec. 29.  Section 232.2, subsection 22, paragraph c, Code
312020, is amended to read as follows:
   32c.  The order appointing the guardian ad litem shall grant
33authorization to the guardian ad litem to interview any
34relevant person and inspect and copy any records relevant to
35the proceedings, if not prohibited by federal law. The order
-14-1shall specify that the guardian ad litem may interview any
2person providing medical, mental health, social, educational,
3or other services to the child, may attend any departmental
4staff meeting, case conference, or meeting with medical or
5mental health providers, service providers, organizations,
6or educational institutions regarding the child, if deemed
7necessary by the guardian ad litem, and may shall inspect and
8copy any records relevant to the proceedings.
9   Sec. 30.  Section 232.2, Code 2020, is amended by adding the
10following new subsection:
11   NEW SUBSECTION.  23A.  “Imminent danger” means an emergency
12situation in which the welfare or life of a child is
13threatened. A child is in imminent danger when there is
14reasonable cause to believe one of the following conditions
15exist and substantial additional harm threatening the life
16or health of a child is likely to occur before a court order
17authorizing removal of a child from a child’s home is obtained:
   18a.  Prostitution, coerced sexual activity, or coerced sexual
19exploitation.
   20b.  Nonaccidental trauma inflicted by a parent, guardian,
21custodian, sibling, child care provider or other caretaker, to
22include intentional infliction of bodily injury resulting in
23broken bones, burns, lacerations, or beatings.
   24c.  Nutritional deprivation in circumstances involving
25nonorganic failure to thrive of a child under five years of age
26or of a child who is physically or mentally challenged who is
27malnourished or dehydrated to such a degree that the child is
28in immediate jeopardy of loss of life or subject to permanent
29physical impairment unless treatment is provided immediately.
   30d.  Abandonment.
   31e.  A condition requiring emergency medical treatment which,
32if left untreated, will likely result in permanent physical
33damage. In such a situation, a parent who seeks secondary or
34alternative medical advice shall not be deemed as unreasonable
35or unwilling to provide care.
-15-   1f.  Substantial emotional injury which shall include only the
2threat of imminent suicide of a child which a parent, guardian,
3custodian, or other caretaker is unwilling to address or take
4precautionary measures to avoid.
5   Sec. 31.  Section 232.2, subsection 39, Code 2020, is amended
6to read as follows:
   739.  “Parent” means a biological or adoptive mother or father
8of a child; or a father whose paternity has been established by
9operation of law due to the individual’s marriage to the mother
10at the time of conception, birth, or at any time during the
11period between conception and birth of the child, by order of
12a court of competent jurisdiction, or by administrative order
13when authorized by state law. “Parent” but does not include a
14mother or father whose parental rights have been terminated.
15   Sec. 32.  Section 232.2, subsection 45A, Code 2020, is
16amended to read as follows:
   1745A.  “Reasonable and prudent parent standard” means the
18same as defined in section 237.1 a standard for a parent,
19guardian, custodian, or an out-of-home care provider to use
20in making decisions concerning a child’s participation in age
21or developmentally appropriate extracurricular, enrichment,
22cultural, and social activities that are characterized by
23careful and sensible parental decisions that maintain the
24health, safety, best interests, and cultural, religious, and
25tribal values of the child while at the same time encouraging
26the emotional and developmental growth of the child. For
27purposes of this subsection, “age or developmentally appropriate
28activities” means activities that are generally accepted as
29suitable for children of a given chronological age or level
30of maturity or that are determined to be developmentally
31appropriate for a child based on the cognitive, emotional,
32physical, and behavioral capacities that are typical of
33children of a given age or age group or, in the case of a
34specific child, activities that are suitable for the child
35based on the cognitive, emotional, physical, and behavioral
-16-1capacities of that child.
2   Sec. 33.  Section 232.2, subsection 47, Code 2020, is amended
3to read as follows:
   447.  “Residual parental rights and responsibilities” means
5those rights and responsibilities remaining with the parent
6after transfer of legal custody or guardianship of the
7person of the child. These include but are not limited to
8the right of visitation, the right to consent to adoption,
9the right to make educational and medical decisions, and the
10responsibility for support up to the point of any termination
11of the parent-child relationship and adoption. A parent who
12completes the necessary steps to have their child returned to
13their care shall not be required to reimburse the state. Such
14a parent shall be deemed to be a family in need of assistance
15who received stabilization services and resources.
16   Sec. 34.  Section 232.2, Code 2020, is amended by adding the
17following new subsection:
18   NEW SUBSECTION.  54A.  “Stabilization plan” means the plan,
19mandated by Pub.L. No.96-272 and Pub.L. No.105-89, as
20codified in 42 U.S.C. §622(b)(10), 671(a)(16), and 675(1),(5),
21which is designed to achieve placement in the most appropriate,
22least restrictive, and most family-like setting available
23and in close proximity to the parent’s home, consistent with
24the best interests and special needs of the child, and which
25considers the placement’s proximity to the school in which the
26child is enrolled at the time of placement. The plan shall be
27developed by the department or agency involved and the child’s
28parent, guardian, or custodian. The plan shall specifically
29include all of the following:
   30a.  Plans for carrying out the voluntary placement agreement
31or judicial determination pursuant to which the child entered
32care.
   33b.  The type and appropriateness of the placement and
34services to be provided to the child or services needed by the
35family with detailed information of how the services benefit
-17-1the family and how such services will help solve the family’s
2issues.
   3c.  The care and services that will be provided to the
4child, biological parents, and foster parents, with a detailed
5description of how the services promote the goal of keeping the
6family remaining intact.
   7d.  How the care and services will meet the needs of the
8child while in care and will facilitate the child’s return home
9or other permanent placement.
   10e.  The most recent information available regarding the
11child’s health and education records, including the date the
12records were supplied to the agency or individual who is
13the child’s foster care provider. If the child remains in
14foster care until the age of majority, the child is entitled
15to receive, prior to discharge, the most recent information
16available regarding the child’s health and educational records.
   17f.  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.
   21g.  (1)  When a child is fourteen years of age or older,
22a written transition plan of services, supports, activities,
23and referrals to programs which, based upon an assessment of
24the child’s needs, would assist the child in preparing for the
25transition from foster care to adulthood. The transition plan
26and needs assessment shall be developed with a focus on the
27services, other support, and actions necessary to facilitate
28the child’s successful entry into adulthood. The transition
29plan shall be personalized at the direction of the child and
30shall be developed with the child present, honoring the goals
31and concerns of the child, and shall address the following
32areas of need for the child’s successful transition from foster
33care to adulthood, including but not limited to all of the
34following:
   35(a)  Education.
-18-   1(b)  Employment services and other workforce support.
   2(c)  Health and health care coverage.
   3(d)  Housing and money management.
   4(e)  Relationships, including local opportunities to have a
5mentor.
   6(f)  If the needs assessment indicates the child is
7reasonably likely to need or be eligible for services or
8other support from the adult service system upon reaching age
9eighteen, the transition plan shall provide for the child’s
10application for adult services.
   11(2)  The transition plan shall be considered a working
12document and shall be reviewed and updated during a periodic
13case review, which shall occur at a minimum of once every
14six months. The transition plan shall also be reviewed and
15updated during the ninety calendar-day period preceding the
16child’s eighteenth birthday and during the ninety calendar-day
17period immediately preceding the date the child is expected to
18exit foster care, if the child remains in foster care after
19the child’s eighteenth birthday. The transition plan may be
20reviewed and updated more frequently.
   21(3)  The transition plan shall be developed and reviewed
22by the department in collaboration with a child-centered
23transition team. The transition team shall be comprised of
24the child’s caseworker and persons selected by the child,
25persons who have knowledge of services available to the child,
26and any person who may reasonably be expected to be a service
27provider for the child when the child becomes an adult or to
28become responsible for the costs of services at that time.
29If the child is reasonably likely to need or be eligible for
30adult services, the transition team membership shall include
31representatives from the adult services system. The membership
32of the transition team and the meeting dates for the team shall
33be documented in the transition plan.
   34(4)  The final transition plan shall specifically identify
35how the need for housing will be addressed.
-19-   1(5)  If the child is interested in pursuing higher education,
2the transition plan shall provide for the child’s participation
3in the college student aid commission’s program of assistance
4in applying for federal and state aid under section 261.2.
   5(6)  If the needs assessment indicates the child is
6reasonably likely to need or be eligible for services or
7other support from the adult service system upon reaching age
8eighteen, the transition plan shall be reviewed and approved
9by the transition committee for the area in which the child
10resides, in accordance with section 235.7, before the child
11reaches age seventeen and one-half. The transition committee’s
12review and approval shall be indicated in the case permanency
13plan.
   14(7)  The transition plan shall include a provision for the
15department or a designee of the department on or before the
16date the child reaches age eighteen, unless the child has been
17placed in foster care for less than thirty days, to provide
18to the child written verification of the child’s foster care
19status, and a certified copy of the child’s birth certificate,
20social security card, and driver’s license or government-issued
21nonoperator’s identification card. The fee for the certified
22copy of the child’s birth certificate that is otherwise
23chargeable under section 144.13A, 144.46, or 331.605 shall be
24waived by the state or county registrar.
   25h.  The actions expected of the parent, guardian, or
26custodian in order for the department or agency to recommend
27that the court terminate a dispositional order for the child’s
28out-of-home placement and for the department or agency to end
29its involvement with the child and the child’s family.
   30i.  If reasonable efforts to place a child for adoption
31or with a guardian are made concurrently with reasonable
32efforts as defined in section 232.102, the concurrent goals
33and timelines may be identified. Concurrent case permanency
34plan goals for reunification, and for adoption or for other
35permanent out-of-home placement of a child shall not be
-20-1considered inconsistent in that the goals reflect divergent
2possible outcomes for a child in an out-of-home placement.
   3j.  A provision that a designee of the department or other
4person responsible for placement of a child out of state shall
5visit the child at least once every six months.
   6k.  If it has been determined that the child cannot return to
7the child’s home, documentation of the steps taken to make and
8finalize an adoption or other permanent placement.
   9l.  If it is part of the child’s records or it is otherwise
10known that the child has behaved in a manner that threatened
11the safety of another person, has committed a violent act
12causing bodily injury to another person, or has been a victim
13or perpetrator of sexual abuse, that information shall be
14addressed in the plan and shall be provided to the child’s
15parent, guardian, or foster parent or other person with custody
16of the child. The information shall be provided whether the
17child’s placement is voluntary or made pursuant to a court
18determination. The information shall be provided at the time
19it is learned by the department or agency developing the plan
20and, if possible, at the time of the child’s placement. The
21information shall only be withheld if ordered by the court
22or it is determined by the department or agency developing
23the plan that providing the information would be detrimental
24to the child or to the family with whom the child is living.
25In determining whether providing the information would be
26detrimental, the court, department, or agency shall consider
27any history of abuse within the child’s family or toward the
28child.
   29m.  The provisions involving sibling visitation or
30interaction required under section 232.108.
   31n.  Documentation of the educational stability of the child
32while in foster care. The documentation shall include but is
33not limited to all of the following:
   34(1)  Evidence there was an evaluation of the appropriateness
35of the child’s educational setting while in placement and of
-21-1the setting’s proximity to the educational setting in which the
2child was enrolled at the time of placement.
   3(2)  An assurance either that the department coordinated
4with appropriate local educational agencies to identify how
5the child could remain in the educational setting in which
6the child was enrolled at the time of placement or, if it was
7determined it was not in the child’s best interest to remain
8in that setting, that the affected educational agencies would
9immediately and appropriately enroll the child in another
10educational setting during the child’s placement and ensure
11that the child’s educational records were provided for use
12in the new educational setting. For the purposes of this
13subparagraph, “local educational agencies” means the same as
14defined in the federal Elementary and Secondary Education Act
15of 1965, §9101, as codified in 20 U.S.C. §7801(26).
   16o.  Any issues relating to the application of the reasonable
17and prudent parent standard and the child’s participation in
18age or developmentally appropriate activities while in foster
19care.
20   Sec. 35.  Section 232.2, subsection 58, Code 2020, is amended
21to read as follows:
   2258.  “Voluntary placement” means a foster care placement
23in which the department provides foster care services to a
24child according to a signed placement agreement between the
25department and the child’s parent or guardian or a voluntary
26removal made by and agreed to by the parent to a custodian
27or guardian of the parent’s choice, who shall assume the
28responsibilities of the parent for a temporary period of time.
29   Sec. 36.  Section 232.57, subsection 1, Code 2020, is amended
30to read as follows:
   311.  For the purposes of this division, unless the context
32otherwise requires, “reasonable efforts” means the same as
33described in section 232.2, subsection 45B, and includes
34 efforts made to prevent permanent removal of a child from
35the child’s home and to encourage reunification of the child
-22-1with the child’s parents and family. Reasonable efforts
2shall include but are not limited to giving consideration,
3if appropriate, to interstate placement of a child in the
4permanency planning decisions involving the child and giving
5consideration to in-state and out-of-state placement options at
6a permanency hearing and when using concurrent planning. If a
7court order includes a determination that continuation of the
8child in the child’s home is not appropriate or not possible,
9reasonable efforts may include the efforts made in a timely
10manner to finalize a permanency plan for the child.
11   Sec. 37.  NEW SECTION.  232.60  Right to jury trial.
   12Parents, custodians, and guardians shall have the right
13to demand a jury trial in cases involving child custody and
14marriage dissolution, in accordance with the provisions of the
15Constitution of the United States, and the Constitution of the
16State of Iowa.
17   Sec. 38.  Section 232.62, subsection 2, unnumbered paragraph
181, Code 2020, is amended to read as follows:
   19The court may transfer any child in need of assistance
20proceedings brought under this chapter to the juvenile civil
21or family court of any county having venue at any stage in the
22proceedings as follows:
23   Sec. 39.  Section 232.67, Code 2020, is amended to read as
24follows:
   25232.67  Legislative findings — purpose and policy.
   26Children in this state are in urgent need of protection
27from abuse. It is the purpose and policy of this part 2 of
28division III to provide the greatest possible protection to
29victims or potential victims of abuse through encouraging the
30increased reporting of suspected cases of abuse, ensuring the
31thorough and prompt assessment of these reports, and providing
32rehabilitative, restorative, and stabilization services, where
33appropriate and whenever possible to abused children and their
34families which will stabilize the home environment so that the
35family can remain intact without further danger to the child.
-23-1   Sec. 40.  Section 232.68, subsection 2, paragraph a,
2subparagraph (4), Code 2020, is amended by adding the following
3new subparagraph division:
4   NEW SUBPARAGRAPH DIVISION.  (d)  The choice by a parent or
5guardian to seek a second medical opinion related to a medical
6condition shall not be considered child abuse.
7   Sec. 41.  Section 232.68, subsections 2A and 4, Code 2020,
8are amended to read as follows:
   92A.  “Child protection worker” “Child and family safety
10investigator” means an individual designated by the department
11to perform an assessment in response to a report of child abuse
12who does all of the following:
   13a.  Coordinates, facilitates, and secures access to
14recommended services for a parent, guardian, or custodian at
15state expense if the parent, guardian, or custodian is unable
16to pay for the services.
   17b.  Monitors a family’s progress in achieving goals set to
18keep a child within the child’s home and prepares a report for
19members of the family’s care team.
   20c.  Provides education and information.
   21d.  Helps facilitate parenting time.
   22e.  Protects, preserves, and promotes the inalienable rights
23of children and families.
   24f.  Meets all of the following qualifications:
   25(1)  Has earned at least a bachelor’s degree in education,
26social work, psychology, sociology, addiction treatment,
27family therapy, or a related field. A waiver may be made if
28a candidate is within one year of completing an educational
29program in a subject area specified in this subparagraph.
   30(2)  Has at least two years of experience working with
31vulnerable populations.
   32(3)  Has completed continuing education training in the
33fundamentals of family and constitutional rights, diversity
34in cultural and ethnic awareness, indications of drug use and
35abuse, and mental health awareness.
-24-   1(4)  Is willing and able to pass a preemployment drug
2screening and agrees to random drug screening after employment.
   3(5)  Shall not have a history of violence against vulnerable
4populations, been convicted of a forcible felony, or have a
5history of substance abuse within the five years immediately
6preceding employment.
   74.  “Department” means the state department of human services
8 family stabilization and preservation and includes the local,
9county, and service area offices of the department.
10   Sec. 42.  Section 232.68, subsection 3, paragraphs a and b,
11Code 2020, are amended to read as follows:
   12a.  “Interview” means the verbal exchange between the a
13 child protection worker and family safety investigator and the
14child for the purpose of developing information necessary to
15protect the child. A child protection worker and family safety
16investigator is not precluded from recording visible evidence
17of abuse.
   18b.  “Observation” means direct physical viewing of a child
19under the age of four by the a child protection worker and
20family safety investigator where the viewing is limited
21to the child’s body other than the genitalia and pubes.
22“Observation” also means direct physical viewing of a child
23aged four or older by the a child protection worker and family
24safety investigator without touching the child or removing
25an article of the child’s clothing, and doing so without the
26consent of the child’s parent, custodian, or guardian. A
27child protection worker and family safety investigator is
28not precluded from recording evidence of abuse obtained as a
29result of a child’s voluntary removal of an article of clothing
30without inducement by the a child protection worker and family
31safety investigator. However, if prior consent of the child’s
32parent or guardian, or an ex parte court order, is obtained,
33“observation” may include viewing the child’s unclothed body
34other than the genitalia and pubes.
35   Sec. 43.  Section 232.68, subsection 5, unnumbered paragraph
-25-11, Code 2020, is amended to read as follows:
   2“Differential response” means an assessment system in
3which there are two discrete pathways to respond to accepted
4reports of child abuse, a child abuse assessment and a family
5assessment. The child abuse assessment pathway shall require a
6determination of abuse and a determination of whether criteria
7for placement on the central abuse registry are met. As used
8in this subsection and this part:
9   Sec. 44.  Section 232.68, subsection 5, paragraph b, Code
102020, is amended to read as follows:
   11b.  “Child abuse assessment” means an assessment process by
12which the department responds to all accepted reports of child
13abuse which allege child abuse as defined in subsection 2,
14paragraph “a”, subparagraphs (1) through (3) and subparagraphs
15(5) through (10), or which allege child abuse as defined in
16subsection 2, paragraph “a”, subparagraph (4), that also
17allege imminent danger, death, or injury to a child. A “child
18abuse assessment” results in a disposition and a determination
19of whether a case meets the definition of child abuse and a
20determination of whether criteria for placement on the registry
21are met.
22   Sec. 45.  Section 232.71B, subsection 4, paragraph a,
23subparagraph (2), Code 2020, is amended to read as follows:
   24(2)  An evaluation of the home environment. If concerns
25regarding protection of children are identified by the child
26protection worker and family safety investigator, the child
27protection worker and family safety investigator shall evaluate
28the child named in the report and any other children in the
29same home as the parents or other persons responsible for their
30care.
31   Sec. 46.  Section 232.71B, subsection 4, paragraph b,
32subparagraph (4), Code 2020, is amended to read as follows:
   33(4)  An interview of the person alleged to have committed
34the child abuse, if the person’s identity and location are
35known. The offer of an interview shall be made to the person
-26-1prior to any consideration or determination being made that
2the person committed the alleged abuse. The person shall be
3informed of the complaint or allegation made regarding the
4person. The person shall be informed in a manner that protects
5the confidentiality rights of the individual who reported the
6child abuse or provided information as part of the assessment
7process and the constitutional rights of the child and the
8family against whom the complaint was made. The purpose of the
9interview shall be to provide the person with the opportunity
10to explain or rebut the allegations of the child abuse report
11or other allegations made during the assessment. The court
12may waive the requirement to offer the interview only for
13good cause. The person offered an interview, or the person’s
14attorney on the person’s behalf, may decline the offer of an
15interview of the person.
16   Sec. 47.  Section 232.71B, subsection 7, Code 2020, is
17amended to read as follows:
   187.  Facility or school visit.  The assessment may include
19a visit to a facility providing care to the child named in
20the report or to any public or private school subject to the
21authority of the department of education where the child named
22in the report is located. The administrator of a facility,
23or a public or private school shall cooperate with the child
24protection worker and family safety investigator by providing
25confidential access to the child named in the report for the
26purpose of interviewing the child, and shall allow the child
27protection worker and family safety investigator confidential
28access to other children for the purpose of conducting
29interviews in order to obtain relevant information. The child
30protection worker and family safety investigator may observe a
31child named in a report in accordance with the provisions of
32section 232.68, subsection 3, paragraph “b”. A witness shall
33be present during an observation of a child. Any child aged
34ten years of age or older can terminate contact with the child
35protection worker and family safety investigator by stating or
-27-1indicating the child’s wish to discontinue the contact. The
2immunity granted by section 232.73 applies to acts or omissions
3in good faith of administrators and their facilities or
4school districts for cooperating in an assessment and allowing
5confidential access to a child.
6   Sec. 48.  Section 232.71B, subsection 8, paragraph b, Code
72020, is amended to read as follows:
   8b.  In performing an assessment, the department may request
9criminal history data from the department of public safety on
10any person believed to be responsible for an injury to a child
11which, if confirmed and criminally prosecuted, would constitute
12child abuse. The department shall establish procedures for
13determining when a criminal history records check is necessary.
14   Sec. 49.  Section 232.71B, subsection 13, paragraph e, Code
152020, is amended to read as follows:
   16e.  If after completing the assessment the child protection
17worker and family safety investigator determines, with the
18concurrence of the worker’s supervisor and the department’s
19area administrator, that a report of suspected child abuse is a
20spurious report or that protective concerns are not present,
21the portions of the written assessment report described under
22paragraph “a”, subparagraphs (3) and (4) shall not be required.
23   Sec. 50.  Section 232.72, subsection 1, Code 2020, is amended
24to read as follows:
   251.  For the purposes of this division, the terms “department
26of human services” “department of family stabilization and
27preservation”, “department”, or “county attorney” ordinarily
28refer to the service area or local office of the department
29of human services family stabilization and preservation or of
30the county attorney’s office serving the county in which the
31child’s home is located.
32   Sec. 51.  Section 232.73, subsection 1, Code 2020, is amended
33to read as follows:
   341.  A person participating in good faith in the making of
35a report, photographs, or X rays, or in the performance of a
-28-1medically relevant test pursuant to this chapter, or aiding and
2assisting in an assessment of a child abuse report pursuant to
3section 232.71B, shall have immunity from any liability, civil
4or criminal, which might otherwise be incurred or imposed,
5unless there is a violation of the Iowa criminal code or faulty
6medical equipment which leads to false results. The person
7shall have the same immunity with respect to participation in
8good faith in any judicial proceeding resulting from the report
9or relating to the subject matter of the report.
10   Sec. 52.  Section 232.75, Code 2020, is amended by adding the
11following new subsection:
12   NEW SUBSECTION.  4.  Any person, official, agency, or
13institution that engages in perjury; the falsification of
14documents, medical records, school records, or any other
15records; or that participates in retaliation, intimidation,
16coercion, obstruction of justice, or abuse of power, shall be
17subject to criminal prosecution.
18   Sec. 53.  Section 232.76, subsection 2, Code 2020, is amended
19to read as follows:
   202.  a.  For the purposes of this subsection, in addition
21to the definition in section 232.68, a “child protection
22worker” “child and family safety investigator” also includes
23any employee of the department who provides services to or
24otherwise works directly with children and families for whom
25child abuse has been alleged.
   26b.  The training of a child protection worker and family
27safety investigator shall include but is not limited to
28the worker’s legal duties to protect the constitutional and
29statutory rights of a child and the child’s family members
30throughout the child or family members’ period of involvement
31with the department beginning with the child abuse report
32and ending with the department’s closure of the case. The
33curriculum used for the training shall specifically include
34instruction on the fourth amendment to the Constitution of the
35United States and parents’ legal rights.
-29-1   Sec. 54.  Section 232.78, subsection 1, paragraph b,
2subparagraphs (1) and (2), Code 2020, are amended to read as
3follows:
   4(1)  The refusal or failure of the person responsible for
5the care of the child to comply with the request of a peace
6officer, juvenile court officer, or child protection worker
7 and family safety investigator for such person to obtain
8and provide to the requester the results of a physical or
9mental examination of the child. The request for a physical
10examination of the child may specify the performance of a
11medically relevant test.
   12(2)  The refusal or failure of the person responsible for
13the care of the child or a person present in the person’s
14home to comply with a request of a peace officer, juvenile
15court officer, or child protection worker and family safety
16investigator for such a person to submit to and provide to
17the requester the results of a medically relevant test of the
18person.
19   Sec. 55.  NEW SECTION.  232.81A  Initial contact with family.
   201.  Upon initial contact with a person responsible for the
21care of a child, a social investigator shall provide:
   22a.  Proof of identity, including any department insignia,
23and worker identification number. A state vehicle driven by a
24social investigator making an initial contact pursuant to this
25section shall bear the insignia of the department by an affixed
26sticker, magnet, or other means that is unique and distinct to
27the department.
   28b.  Contact information for the investigator, the name of
29the investigator’s immediate supervisor, and written notice
30of rights explaining the parent’s rights and responsibilities
31according to the law. The notice of rights shall include all
32of the following information:
   33(1)  The person responsible for the care of a child is not
34required to permit the investigator to enter the residence of
35the person responsible for the care of a child. However, if
-30-1permission is refused, the juvenile court, family court, or
2district court may authorize the social investigator to enter
3the home to interview or observe the child upon a showing of
4probable cause.
   5(2)  The person responsible for the care of a child is not
6required to speak with the investigator.
   7(3)  The person responsible for the care of a child is
8entitled to seek the representation of an attorney and to have
9an attorney present when the person responsible for the care of
10a child is questioned by the social investigator.
   11(4)  Any statement made by the person responsible for the
12care of a child or any statements made by other family members
13may be used against the person responsible for the care of a
14child in an administrative or court proceeding.
   15(5)  The social investigator is not an attorney and cannot
16provide legal advice to the person responsible for the care of
17a child.
   18(6)  The person responsible for the care of a child is
19not required to sign any document presented by the social
20investigator including but not limited to a release of claims
21or a service agreement and is entitled to have an attorney
22review any document before agreeing to sign any document.
   23(7)  A failure of the person responsible for the care of
24a child to communicate with the social investigator may have
25serious consequences, which may include the department’s filing
26of a petition for the removal of a child from the home of the
27person responsible for the care of a child, and it is in the
28best interest of the person responsible for the care of a child
29to speak with the social investigator or immediately seek the
30advice of an attorney.
   31(a)  The social investigator shall request that the person
32responsible for the care of a child sign and date the written
33notice of rights as evidence of having received the notice.
   34(b)  If the person responsible for the care of a child
35refuses to sign and date the notice of rights, the investigator
-31-1shall specifically indicate on the notice that the person
2responsible for the care of a child was requested to sign
3and date the notice and refused to do so, and the social
4investigator shall sign the notice as witness to the refusal.
5The department shall provide the person responsible for the
6care of a child with a copy of the signed notice at the time of
7the department’s initial face-to-face contact with the person
8responsible for the care of a child.
   9(c)  If the initial contact with the person responsible for
10the care of a child occurs telephonically, the department shall
11orally provide the person with notice of that person’s rights
12as specified in this paragraph. If the department has provided
13oral notice, the department shall also provide written notice
14upon the department’s initial face-to-face contact with the
15person responsible for the care of a child.
   16(d)  The department shall make reasonable efforts to ensure
17that the notice provided to a person responsible for the care
18of a child is provided in a manner that will be understood by
19the person responsible for the care of a child, including but
20not limited to ensuring that the notice is provided in language
21understood by the person responsible for the care of a child.
   22(e)  Any statement made by the person responsible for
23the care of a child, or by a child who is a member of the
24person’s family or household to the investigator prior to the
25provision of notice as described in subparagraph division (a),
26or any statement made by the person responsible for the care
27of a child prior to the provision of notice as described in
28subparagraph division (b), shall be deemed inadmissible in any
29administrative or court proceeding.
   302.  For purposes of subsection 1, paragraph “b”, “person
31responsible for the care of a child” means the same as described
32in section 232.68, subsection 8, paragraphs “a” and “b”.
   333.  a.  All social investigators shall record the initial
34contact with the family. The recording shall include all of
35the following information:
-32-   1(1)  The investigator’s name, identification number, and the
2name of the social investigator’s supervisor.
   3(2)  The alleged complaint and the person who is the point
4of contact.
   5(3)  The date, time, and place where the contact occurred.
   6b.  A recording created pursuant to this subsection may be
7video, audio, or both, and may be made on a department-issued
8cell phone, body camera, or other department-issued recording
9device.
   10c.  The department shall employ an independent vendor to
11create and maintain a digital record of an initial contact.
12The digital record must include documentation of the receipt
13of the notice of rights and shall include a signed or recorded
14statement from the parents, or a detailed record of refusal.
   154.  A social investigator is authorized to leave a notice of
16rights in the mailbox of a parent under investigation; however,
17a certified copy of the notice of rights must be mailed within
18twenty-four hours of an initial contact attempt.
   195.  A parent’s acknowledgment of the notice of rights does
20not constitute agreement for services nor shall it be construed
21as an admission of guilt.
22   Sec. 56.  Section 232.104, subsection 1, paragraph a,
23subparagraph (1), Code 2020, is amended to read as follows:
   24(1)  For a temporary removal order entered under section
25232.78, 232.95, or 232.96, for a child who was removed without
26a court order under section 232.79, or for an order entered
27under section 232.102, for which the court has not waived
28reasonable efforts requirements, the permanency hearing shall
29be held within twelve months of the date the child was removed
30from the home. A parent shall have the right to demand a jury
31trial for any proceeding that involves the right of a parent to
32raise the parent’s child.
33   Sec. 57.  Section 232.108, subsection 1, Code 2020, is
34amended to read as follows:
   351.  If the court orders the transfer of custody of a child
-33-1and siblings to the department or other agency for placement
2under this division, under division II, relating to juvenile
3delinquency proceedings, or under any other provision of
4this chapter, the department or other agency shall make a
5reasonable effort to place the child and siblings together in
6the same placement. The requirement of this subsection remains
7applicable to custody transfer orders made at separate times
8and applies in addition to efforts made by the department or
9agency to place the child with a relative. Interference with
10the exercise of the protected rights of sibling visitation
11shall be a serious or aggravated misdemeanor and shall be
12considered a violation of chapter 720.
13   Sec. 58.  Section 232.116, subsection 1, paragraph b, Code
142020, is amended to read as follows:
   15b.  The court or jury finds that there is clear and
16convincing evidence that the child has been abandoned or
17deserted.
18   Sec. 59.  Section 232.116, subsection 3, paragraph e, Code
192020, is amended by striking the paragraph.
20   Sec. 60.  REPEAL.  Sections 217.8 and 217.9, Code 2020, are
21repealed.
22DIVISION III
23DEPARTMENT OF HUMAN SERVICES WORK GROUP
24   Sec. 61.  DEPARTMENT OF HUMAN SERVICES — CHILD AND FAMILY
25SERVICES WORK GROUP.
   261.  The department of human services, in conjunction with the
27department of public health and the department of corrections,
28shall convene a work group of representatives of state and
29local agencies who have experience and expertise in child
30and family services, child protection investigations, child
31protective services, and child abuse and neglect.
   322.  The purpose of the work group is to review current
33practices, and how those practices can be amended in accordance
34with this act to improve child safety and the preservation of
35families, to establish consistent and statewide practices that
-34-1promote and ensure effective policies and procedures to address
2issues associated with intervention of any governmental agency
3into the private institution of a family, and to ensure that
4criminal investigations are conducted by law enforcement with
5child and family services being provided by the department.
   63.  The work group shall submit a written report to the
7general assembly regarding the findings and recommendations of
8the work group by December 1, 2020.
9DIVISION IV
10CORRESPONDING AMENDMENTS LEGISLATION
11   Sec. 62.  CORRESPONDING AMENDMENTS LEGISLATION.  Additional
12legislation is required to fully implement divisions I and
13II of this Act. The director of the department of human
14resources shall, in compliance with section 2.16, prepare draft
15legislation for submission to the legislative services agency,
16as necessary, to implement the transition and elimination of
17authority and duties under divisions I and II of this Act
18and to implement the transition and elimination of authority
19and duties under other provisions of law including but not
20limited to the duties and authority of the department of human
21services, juvenile justice, and child and family services,
22and any division, commission, or subunit of such entities or
23offices.
24DIVISION V
25EFFECTIVE DATE
26   Sec. 63.  EFFECTIVE DATE.  This Act takes effect on July 1,
272021.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
   31This bill relates to human services by establishing
32the department of family stabilization and preservation,
33establishing the department of health services, and providing
34penalties.
   35Division I of the bill establishes the department of
-35-1family stabilization and preservation and the department of
2health services. The department of family stabilization and
3preservation is established to be responsible for providing
4access to services and resources to families, children, and
5dependent adults in crisis, and the department of health
6services is established to be responsible for providing medical
7and medical-related services. A board of family stabilization
8and preservation and a board of health are created within the
9respective departments. The services provided by the new
10departments are currently provided by the department of human
11services.
   12Division II of the bill amends sections in Code chapter
13232 concerning juvenile justice. The bill provides that
14the department of family stabilization and preservation,
15not the department of human services, will be responsible
16for implementing the provisions of that Code chapter
17including child custody, judicial proceedings, child in
18need of assistance proceedings, termination of parent-child
19relationship proceedings, and family in need of assistance
20proceedings. The bill strikes references in the Code chapter
21to the department of human services.
   22Division III of the bill calls for the department of human
23services, in conjunction with the departments of public health
24and corrections to convene a work group to review current
25practices, and how those practices can be amended in accordance
26with the bill to improve child safety and the preservation of
27families, to establish consistent and statewide practices that
28promote and ensure effective policies and procedures to address
29issues associated with intervention of any governmental agency
30into the private institution of a family, and to ensure that
31criminal investigations are conducted by law enforcement with
32child and family services being provided by the department.
33The work group is required to submit a report to the general
34assembly by December 1, 2020.
   35Division IV of the bill provides that additional legislation
-36-1is required to fully implement divisions I and II of the bill,
2and requires the director of the department of human services
3to prepare draft legislation for submission to the legislative
4services agency to implement the transition and elimination of
5authority of the department of human services and duties under
6divisions I and II of the bill and to implement the transition
7and elimination of authority and duties under other provisions
8of law including but not limited to the duties and authority of
9the department of human services, juvenile justice, and child
10and family services, and any division, commission, or subunit
11of such entities or offices.
   12The bill takes effect July 1, 2021.
-37-as/rh

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