Bill Text: IA HSB513 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the placement of a child who is the subject of a pending delinquency petition in a supervised apartment living arrangement pursuant to a consent decree, and the circumstances under which the placement is paid by the state.(See HF 2134.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-01-24 - Committee report approving bill, renumbered as HF 2134. [HSB513 Detail]
Download: Iowa-2023-HSB513-Introduced.html
House
Study
Bill
513
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
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
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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
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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.
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