House File 2134 - Introduced HOUSE FILE 2134 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 513) A BILL FOR An Act relating to the placement of a child who is the subject 1 of a pending delinquency petition in a supervised apartment 2 living arrangement pursuant to a consent decree, and the 3 circumstances under which the placement is paid by the 4 state. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5439HV (1) 90 dg/ko

H.F. 2134 Section 1. Section 232.46, subsection 1, paragraph a, 1 subparagraph (5), Code 2024, is amended to read as follows: 2 (5) Placement of the child in a group or family foster care 3 setting or a supervised apartment living arrangement , if the 4 court makes a determination that such a placement is the least 5 restrictive option. 6 Sec. 2. Section 234.35, subsection 1, Code 2024, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . 0e. When a court has entered an order 9 transferring the legal custody of the child to a supervised 10 apartment living arrangement pursuant to section 232.46, 11 subsection 1, paragraph “a” , subparagraph (5). However, 12 payment shall not be made for a supervised apartment living 13 arrangement unless the supervised apartment living arrangement 14 meets requirements as established by the department by rule. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to the placement of a child who is the 19 subject of a pending delinquency petition in a supervised 20 apartment living arrangement pursuant to a consent decree, and 21 the circumstances under which the placement is paid by the 22 state. 23 Under current law, any time after a petition is filed 24 alleging a child has committed a delinquent act and prior to 25 the entry of an order adjudicating the matter, a court may 26 suspend the proceedings on motion of the county attorney or 27 the child’s counsel, enter a consent decree, and continue the 28 case under terms and conditions established by the court in 29 the consent decree. A court may select any combination of the 30 following terms of a consent decree: prohibit the child from 31 driving a motor vehicle for a specified period of time or under 32 specific circumstances; require supervision of the child by a 33 juvenile court officer or other agency or person designated by 34 the court; require the child to perform a work assignment of 35 -1- LSB 5439HV (1) 90 dg/ko 1/ 2

H.F. 2134 value to the state or to the public; require the child to make 1 restitution consisting of a monetary payment to a victim or a 2 work assignment directly of value to the victim; or place the 3 child in a group or family foster care setting funded by the 4 department of health and human services (HHS), if the court 5 determines that is the least restrictive option. 6 The bill allows a court to place a child in a supervised 7 apartment living arrangement as a condition of a consent decree 8 if the court makes a determination that such a placement is the 9 least restrictive option. 10 The bill makes HHS responsible for the payment of foster care 11 services if a child is placed in a supervised apartment living 12 arrangement as a condition of a consent decree, provided that 13 such supervised apartment living arrangement meets requirements 14 as established by HHS by rule. 15 -2- LSB 5439HV (1) 90 dg/ko 2/ 2