Bill Text: IA HF68 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to child placement by requiring the consideration of the stability of the child’s home in a determination concerning the removal of the child.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-01-24 - Subcommittee: Forristall, Anderson and Best. H.J. 116. [HF68 Detail]

Download: Iowa-2017-HF68-Introduced.html

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House File 68 - Introduced




                                 HOUSE FILE       
                                 BY  WESSEL=KROESCHELL

                                      A BILL FOR

  1 An Act relating to child placement by requiring the
  2    consideration of the stability of the child's home in a
  3    determination concerning the removal of the child.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1044YH (3) 87
    hb/nh

PAG LIN



  1  1    Section 1.  Section 232.95, subsection 2, paragraph a,
  1  2 subparagraph (1), Code 2017, is amended to read as follows:
  1  3    (1)  If removal is ordered, the court must, in addition,
  1  4 make a determination that continuation of the child in the
  1  5 child's home would be contrary to the welfare of the child, and
  1  6 that reasonable efforts, as defined in section 232.102, have
  1  7 been made to prevent or eliminate the need for removal of the
  1  8 child from the child's home.  In determining the welfare of
  1  9 the child, the court shall first consider the stability of the
  1 10 child's home.
  1 11    Sec. 2.  Section 232.96, subsection 10, paragraph a, Code
  1 12 2017, is amended to read as follows:
  1 13    a.  A determination that continuation of the child in the
  1 14 child's home would be contrary to the welfare of the child, and
  1 15 that reasonable efforts, as defined in section 232.102, have
  1 16 been made to prevent or eliminate the need for removal of the
  1 17 child from the child's home.  In determining the welfare of
  1 18 the child, the court shall first consider the stability of the
  1 19 child's home. The court's determination regarding continuation
  1 20 of the child in the child's home, and regarding reasonable
  1 21 efforts, including those made to prevent removal and those
  1 22 made to finalize any permanency plan in effect, as well as any
  1 23 determination by the court that reasonable efforts are not
  1 24 required, must be made on a case=by=case basis. The grounds
  1 25 for each determination must be explicitly documented and stated
  1 26 in the court order. However, preserving the safety of the
  1 27 child is the paramount consideration. If imminent danger to
  1 28 the child's life or health exists at the time of the court's
  1 29 consideration, the determinations otherwise required under
  1 30 this paragraph shall not be a prerequisite for an order for
  1 31 temporary removal of the child.
  1 32    Sec. 3.  Section 232.102, subsection 5, paragraph b, Code
  1 33 2017, is amended to read as follows:
  1 34    b.  In order to transfer custody of the child under
  1 35 this subsection, the court must make a determination that
  2  1 continuation of the child in the child's home would be contrary
  2  2 to the welfare of the child, and shall identify the reasonable
  2  3 efforts that have been made.  In determining the welfare of
  2  4 the child, the court shall first consider the stability of the
  2  5 child's home. The court's determination regarding continuation
  2  6 of the child in the child's home, and regarding reasonable
  2  7 efforts, including those made to prevent removal and those
  2  8 made to finalize any permanency plan in effect, as well as any
  2  9 determination by the court that reasonable efforts are not
  2 10 required, must be made on a case=by=case basis. The grounds
  2 11 for each determination must be explicitly documented and stated
  2 12 in the court order. However, preserving the safety of the
  2 13 child is the paramount consideration. If imminent danger to
  2 14 the child's life or health exists at the time of the court's
  2 15 consideration, the determinations otherwise required under this
  2 16 paragraph shall not be a prerequisite for an order for removal
  2 17 of the child. If the court transfers custody of the child,
  2 18 unless the court waives the requirement for making reasonable
  2 19 efforts or otherwise makes a determination that reasonable
  2 20 efforts are not required, reasonable efforts shall be made to
  2 21 make it possible for the child to safely return to the family's
  2 22 home.
  2 23                           EXPLANATION
  2 24 The inclusion of this explanation does not constitute agreement with
  2 25 the explanation's substance by the members of the general assembly.
  2 26    This bill requires the court to first consider the stability
  2 27 of the child's home when considering placement of the child in
  2 28 child in need of assistance proceedings.  The bill requires
  2 29 the court to first consider the stability of the home when
  2 30 making a determination about whether the continuation of the
  2 31 child in the child's home would be contrary to the welfare
  2 32 of the child during a temporary removal proceeding, during
  2 33 an adjudicatory proceeding when the court enters an order
  2 34 adjudicating the child to be a child in need of assistance and
  2 35 the court is considering authorizing a temporary removal of the
  3  1 child from the child's home, and when the court is considering
  3  2 transferring legal custody of the child.
       LSB 1044YH (3) 87
       hb/nh