Bill Text: IA HF2424 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to county attorney duties when representing the department of human services in juvenile court. (Formerly HF 608) (Formerly HSB 88)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2012-03-19 - Referred to Judiciary. H.J. 582. [HF2424 Detail]
Download: Iowa-2011-HF2424-Introduced.html
House
File
2424
-
Introduced
HOUSE
FILE
2424
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
608)
(SUCCESSOR
TO
HSB
88)
A
BILL
FOR
An
Act
relating
to
county
attorney
duties
when
representing
the
1
department
of
human
services
in
juvenile
court.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
232.37,
subsection
1,
Code
2011,
is
1
amended
to
read
as
follows:
2
1.
After
a
petition
has
been
filed
the
court
shall
set
3
a
time
for
an
adjudicatory
hearing
and
unless
the
parties
4
persons
named
in
subsection
2
voluntarily
appear,
shall
issue
5
a
summons
requiring
the
child
to
appear
before
the
court
at
a
6
time
and
place
stated
and
requiring
the
person
who
has
custody
7
or
control
of
the
child
to
appear
before
the
court
and
to
bring
8
the
child
with
the
person
at
that
time.
The
summons
shall
9
attach
a
copy
of
the
petition
and
shall
give
notification
of
10
the
right
to
counsel
provided
for
in
section
232.11
.
11
Sec.
2.
Section
232.71C,
subsection
1,
Code
2011,
is
amended
12
to
read
as
follows:
13
1.
If,
upon
completion
of
an
assessment
performed
under
14
section
232.71B
,
the
department
determines
that
the
best
15
interests
of
the
child
require
juvenile
court
action,
the
16
department
shall
act
appropriately
to
initiate
the
action.
17
If
at
any
time
during
the
assessment
process
the
department
18
believes
court
action
is
necessary
to
safeguard
a
child,
the
19
department
shall
act
appropriately
to
initiate
the
action.
The
20
county
attorney
shall
assist
the
department
as
provided
under
21
section
232.90,
subsection
2
.
22
Sec.
3.
Section
232.87,
subsection
2,
Code
2011,
is
amended
23
to
read
as
follows:
24
2.
A
petition
may
be
filed
by
the
department
of
human
25
services,
juvenile
court
officer,
or
county
attorney.
In
26
determining
whether
a
petition
is
to
be
filed,
the
department
27
or
a
juvenile
court
officer
may
consult
with
the
county
28
attorney.
If
the
county
attorney
declines
to
file
a
petition
29
requested
by
the
department
or
juvenile
court
officer,
the
30
department
or
juvenile
court
officer
may
file
the
petition
31
pursuant
to
this
section,
and
may
request
that
the
attorney
32
general
represent
the
state
in
place
of
the
county
attorney.
33
Sec.
4.
Section
232.88,
Code
2011,
is
amended
to
read
as
34
follows:
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232.88
Summons,
notice,
subpoenas,
and
service.
1
After
a
petition
has
been
filed,
the
court
shall
issue
and
2
serve
summons,
subpoenas,
and
other
process
in
the
same
manner
3
as
for
adjudicatory
hearings
in
cases
of
juvenile
delinquency
4
as
provided
in
section
232.37
.
Reasonable
notice
shall
be
5
provided
to
the
persons
required
to
be
provided
notice
under
6
section
232.37
,
except
that
notice
shall
be
waived
regarding
7
a
person
who
was
notified
of
the
adjudicatory
hearing
and
who
8
failed
to
appear.
In
addition,
reasonable
notice
for
any
9
hearing
under
this
division
shall
be
provided
to
the
department
10
of
human
services,
and
the
agency,
facility,
institution,
11
or
person,
including
a
foster
parent,
relative,
or
other
12
individual
providing
preadoptive
care,
with
whom
a
child
has
13
been
placed.
14
Sec.
5.
Section
232.90,
Code
2011,
is
amended
to
read
as
15
follows:
16
232.90
Duties
of
county
attorney.
17
1.
As
used
in
this
section,
“state”
means
the
general
18
interest
held
by
the
people
in
the
health,
safety,
welfare,
and
19
protection
of
all
children
living
in
this
state.
20
1.
2.
The
county
attorney
shall
represent
the
state
in
21
proceedings
arising
from
a
petition
filed
under
this
division
22
and
shall
present
evidence
in
support
of
the
petition
.
The
23
county
attorney
shall
be
present
at
proceedings
initiated
by
24
petition
under
this
division
filed
by
an
intake
officer
or
the
25
county
attorney,
or
if
a
party
to
the
proceedings
contests
the
26
proceedings,
or
if
the
court
determines
there
is
a
conflict
of
27
interest
between
the
child
and
the
child’s
parent,
guardian,
or
28
custodian
or
if
there
are
contested
issues
before
the
court.
29
2.
The
county
attorney
shall
represent
the
department
in
30
proceedings
arising
under
this
division
.
However,
if
there
is
31
disagreement
between
the
department
and
the
county
attorney
32
regarding
the
appropriate
action
to
be
taken,
the
department
33
may
request
to
be
represented
by
the
attorney
general
in
place
34
of
the
county
attorney.
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3.
At
the
dispositional
hearing
or
any
subsequent
1
modification
hearing
held
pursuant
to
this
division,
the
county
2
attorney
shall
present
to
the
court
evidence
regarding
the
3
availability,
fiscal
impact,
or
fiscal
limitations
of
any
4
placement
for
the
child
that
is
under
consideration
by
the
5
court,
if
such
evidence
is
provided
by
the
department
to
the
6
county
attorney.
7
4.
In
any
proceeding
under
this
division,
the
county
8
attorney
shall
consult
with
the
department
to
ensure
9
compliance
with
all
applicable
state
and
federal
laws
regarding
10
permanency.
11
Sec.
6.
Section
232.102,
subsection
1,
paragraph
a,
12
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
13
follows:
14
After
a
dispositional
hearing
and
consideration
of
15
all
information
provided
by
the
department
regarding
the
16
availability,
fiscal
impact,
or
fiscal
limitations
to
placement
17
for
the
child,
the
court
may
enter
an
order
transferring
the
18
legal
custody
of
the
child
to
one
of
the
following
for
purposes
19
of
placement:
20
Sec.
7.
Section
232.104,
subsection
1,
Code
2011,
is
amended
21
by
adding
the
following
new
paragraph:
22
NEW
PARAGRAPH
.
d.
If
an
initial
permanency
hearing
is
23
not
timely
scheduled
by
the
court,
the
department
may
seek
24
assistance
of
the
county
attorney
in
requesting
that
the
court
25
set
a
timely
permanency
hearing.
26
Sec.
8.
Section
232.111,
subsection
1,
Code
2011,
is
amended
27
to
read
as
follows:
28
1.
A
child’s
guardian,
guardian
ad
litem,
or
custodian,
29
the
department
of
human
services,
a
juvenile
court
officer,
or
30
the
county
attorney
may
file
a
petition
for
termination
of
the
31
parent-child
relationship
and
parental
rights
with
respect
to
a
32
child.
In
determining
whether
a
petition
is
to
be
filed,
the
33
department
or
a
juvenile
court
officer
may
consult
with
the
34
county
attorney.
If
the
county
attorney
declines
to
file
a
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petition
requested
by
the
department
or
juvenile
court
officer,
1
the
department
or
juvenile
court
officer
may
file
the
petition
2
pursuant
to
this
section,
and
may
request
that
the
attorney
3
general
represent
the
state
in
place
of
the
county
attorney.
4
Sec.
9.
Section
232.111,
subsection
4,
paragraph
b,
5
subparagraph
(3),
Code
2011,
is
amended
to
read
as
follows:
6
(3)
Custodian
Legal
custodian
of
the
child.
7
Sec.
10.
Section
232.112,
subsection
1,
Code
2011,
is
8
amended
to
read
as
follows:
9
1.
Persons
listed
in
section
232.111,
subsection
4
,
other
10
than
the
department
of
human
services,
shall
be
necessary
11
parties
to
a
termination
of
parent-child
relationship
12
proceeding
and
are
entitled
to
receive
notice
and
an
13
opportunity
to
be
heard,
except
that
notice
may
be
dispensed
14
with
in
the
case
of
any
such
person
whose
name
or
whereabouts
15
the
court
determines
is
unknown
and
cannot
be
ascertained
by
16
reasonably
diligent
search.
In
addition
to
the
persons
who
are
17
necessary
parties
who
may
be
parties
under
section
232.111
,
18
notice
for
any
hearing
under
this
division
shall
be
provided
to
19
the
department
of
human
services,
the
child’s
foster
parent,
20
an
individual
providing
preadoptive
care
for
the
child,
or
a
21
relative
providing
care
for
the
child.
22
Sec.
11.
Section
232.114,
Code
2011,
is
amended
to
read
as
23
follows:
24
232.114
Duties
of
county
attorney.
25
1.
As
used
in
this
section,
“state”
means
the
general
26
interest
held
by
the
people
in
the
health,
safety,
welfare,
and
27
protection
of
all
children
living
in
this
state.
28
1.
2.
Upon
the
filing
of
a
petition
the
county
attorney
29
shall
represent
the
state
in
all
adversary
proceedings
arising
30
under
this
division
and
shall
present
evidence
in
support
of
31
the
petition
.
32
2.
The
county
attorney
shall
represent
the
department
in
33
proceedings
arising
under
this
division
.
However,
if
there
is
34
disagreement
between
the
department
and
the
county
attorney
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regarding
the
appropriate
action
to
be
taken,
the
department
1
may
request
to
be
represented
by
the
attorney
general
in
place
2
of
the
county
attorney.
3
Sec.
12.
Section
232.180,
Code
2011,
is
amended
to
read
as
4
follows:
5
232.180
Duties
of
county
attorney.
6
1.
As
used
in
this
section,
“state”
means
the
general
7
interest
held
by
the
people
in
the
health,
safety,
welfare,
and
8
protection
of
all
children
living
in
this
state.
9
2.
Upon
the
filing
of
a
petition
and
the
request
of
the
10
department,
the
county
attorney
shall
represent
the
state
in
11
all
adversary
proceedings
arising
under
this
division
and
shall
12
present
evidence
in
support
of
the
petition
as
provided
under
13
section
232.90
.
14
EXPLANATION
15
This
bill
relates
to
county
attorney
duties
when
16
representing
the
department
of
human
services
in
juvenile
17
court.
18
Code
section
232.37
is
amended
to
provide
that
unless
the
19
known
parents,
guardians
or
legal
custodians
of
a
child,
the
20
child,
and
the
child’s
guardian
ad
litem
voluntarily
appear
for
21
an
adjudicatory
hearing
to
determine
if
the
child
has
committed
22
a
delinquent
act,
the
court
shall
issue
a
summons
requiring
the
23
child
to
appear
before
the
court
at
a
time
and
place
stated
and
24
requiring
the
person
who
has
custody
or
control
of
the
child
to
25
appear
before
the
court
and
to
bring
the
child
with
the
person
26
at
the
time
of
the
hearing.
Code
section
232.37(5)
provides
27
that
if
a
person
personally
served
with
a
summons
fails
without
28
reasonable
cause
to
appear
or
to
bring
the
child,
the
person
29
may
be
held
in
contempt
of
court
or
the
court
may
issue
an
order
30
for
the
arrest
of
the
person
or
take
the
child
into
custody.
31
The
amendment
to
Code
section
232.37
affects
a
notice
for
32
waiver
hearings
in
Code
section
232.45(3),
a
notice
and
summons
33
issued
for
hearings
to
change
dispositional
orders
in
Code
34
section
232.54(2),
and
a
notice
and
summons
issued
for
child
in
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need
of
assistance
proceedings
in
Code
section
232.88.
1
Code
section
232.71C
is
amended
to
provide
that
the
county
2
attorney
shall
assist
the
department
of
human
services
in
a
3
child
in
need
of
assistance
proceeding,
but
strikes
a
reference
4
requiring
the
county
attorney
to
represent
the
department
in
5
such
proceedings.
6
Code
section
232.87
is
amended
by
adding
a
provision
7
providing
that
the
department
of
human
services
or
a
juvenile
8
court
officer
may
consult
with
the
county
attorney
to
determine
9
whether
a
child
in
need
of
assistance
petition
should
be
filed.
10
Under
the
bill,
if
the
county
attorney
declines
to
file
such
a
11
petition,
the
department
of
human
services
or
juvenile
court
12
officer
may
file
the
petition,
and
request
the
attorney
general
13
represent
the
state
in
place
of
the
county
attorney.
14
Code
section
232.88
is
amended
to
add
the
department
of
human
15
services
to
the
list
of
parties
required
to
be
provided
notice
16
of
a
child
in
need
of
assistance
proceeding.
17
Code
section
232.90
is
amended
to
require
the
county
18
attorney
to
represent
the
state
in
a
child
in
need
of
19
assistance
proceeding
and
strikes
a
provision
requiring
the
20
county
attorney
to
represent
the
department
of
human
services
21
in
such
a
proceeding.
The
amendment
to
Code
section
232.90
22
defines
“state”
to
mean
the
general
interest
held
by
the
people
23
in
the
health,
safety,
welfare,
and
protection
of
all
children
24
living
in
the
state.
Code
section
232.90
is
amended
to
strike
25
a
provision
allowing
the
attorney
general
to
represent
the
26
department
of
human
services
if
a
dispute
arises
between
the
27
county
attorney
and
the
department
of
human
services
in
a
child
28
in
need
of
assistance
proceeding.
29
Code
section
232.90
is
also
amended
to
provide
that
at
30
a
dispositional
hearing
of
a
child
in
need
of
assistance
31
proceeding
or
any
subsequent
modification,
the
county
attorney
32
shall
present
evidence
to
the
court
regarding
the
availability,
33
fiscal
impact,
or
fiscal
limitations
of
any
placement
being
34
considered
for
the
child,
if
such
evidence
is
provided
by
the
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department
of
human
services
to
the
county
attorney.
Code
1
section
232.90
is
also
amended
to
require
the
county
attorney
2
to
consult
with
the
department
to
ensure
compliance
with
all
3
applicable
state
and
federal
laws
regarding
permanency
for
a
4
child
adjudicated
a
child
in
need
of
assistance.
5
Code
section
232.104
is
amended
to
permit
the
department
of
6
human
services
to
seek
assistance
of
the
county
attorney
in
7
setting
a
timely
permanency
hearing
for
a
child
adjudicated
a
8
child
in
need
of
assistance.
9
Code
section
232.111
is
amended
to
require
a
petition
10
for
termination
of
parental
rights
to
contain
the
name
and
11
residence
of
the
“legal
custodian”
of
the
child.
Current
law
12
requires
the
petition
for
termination
of
parental
rights
to
13
contain
the
name
and
residence
of
the
“custodian”
of
the
child.
14
Code
section
232.111
is
also
amended
by
adding
a
provision
15
providing
that
the
department
of
human
services
or
a
juvenile
16
court
officer
may
consult
with
the
county
attorney
to
determine
17
whether
a
termination
of
parental
rights
petition
should
be
18
filed.
Under
the
bill,
if
the
county
attorney
declines
to
file
19
such
a
petition,
the
department
of
human
services
or
juvenile
20
court
officer
may
file
the
petition
and
request
the
attorney
21
general
represent
the
state
in
place
of
the
county
attorney.
22
Code
section
232.112
is
amended
to
strike
a
provision
23
requiring
the
participation
of
the
department
of
human
services
24
in
a
termination
of
parental
rights
proceeding.
25
Code
section
232.114
is
amended
to
require
a
county
attorney
26
to
represent
the
state
in
a
termination
of
parental
rights
27
proceeding
and
strikes
a
provision
requiring
a
county
attorney
28
to
represent
the
department
of
human
services
in
such
a
29
proceeding.
The
amendment
to
Code
section
232.114
defines
30
“state”
to
mean
the
general
interest
held
by
the
people
in
the
31
health,
safety,
welfare,
and
protection
of
all
children
living
32
in
the
state.
The
amendment
to
Code
section
232.114
also
33
strikes
a
provision
allowing
the
attorney
general
to
represent
34
the
department
of
human
services
if
a
dispute
arises
between
35
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the
county
attorney
and
the
department
of
human
services
in
a
1
termination
of
parental
rights
proceeding.
2
Code
section
232.180
is
amended
to
require
the
county
3
attorney
to
represent
the
state
in
a
voluntary
foster
care
4
placement
proceeding
and
strikes
a
provision
requiring
the
5
county
attorney
to
represent
the
department
of
human
services.
6
The
amendment
to
Code
section
232.180
defines
“state”
to
mean
7
the
general
interest
held
by
the
people
in
the
health,
safety,
8
welfare,
and
protection
of
all
children
living
in
the
state.
9
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