Bill Text: IA HSB653 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to juvenile justice including juvenile delinquency, child in need of assistance and family in need of assistance proceedings, juvenile justice reform, and juvenile court expenses and costs, and including effective date provisions.(See HF 2507.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-23 - Committee report approving bill, renumbered as HF 2507. [HSB653 Detail]
Download: Iowa-2021-HSB653-Introduced.html
House
Study
Bill
653
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
HUMAN
SERVICES
BILL)
A
BILL
FOR
An
Act
relating
to
juvenile
justice
including
juvenile
1
delinquency,
child
in
need
of
assistance
and
family
in
need
2
of
assistance
proceedings,
juvenile
justice
reform,
and
3
juvenile
court
expenses
and
costs,
and
including
effective
4
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
JUVENILE
JUSTICE
——
CONSTRUCTION
AND
DEFINITIONS
2
Section
1.
Section
232.1,
Code
2022,
is
amended
to
read
as
3
follows:
4
232.1
Rules
of
construction.
5
This
chapter
shall
be
liberally
construed
to
the
end
that
6
each
child
under
the
jurisdiction
of
the
court
shall
receive,
7
preferably
in
the
child’s
own
home,
the
care,
guidance
and
8
control
that
will
best
serve
the
child’s
welfare
and
the
best
9
interest
of
the
state.
When
a
child
is
removed
from
the
10
control
of
the
child’s
parents,
the
court
shall
secure
the
11
least
restrictive
care
for
the
child
care
as
nearly
as
possible
12
equivalent
to
that
which
should
have
been
given
by
the
parents
13
child’s
placement
with
a
preference
for
placement
with
the
14
child’s
family
or
a
fictive
kin
.
15
Sec.
2.
Section
232.2,
subsection
6,
Code
2022,
is
amended
16
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
17
following:
18
6.
“Child
in
need
of
assistance”
means
a
child
who
has
been
19
found
to
meet
the
grounds
for
adjudication
pursuant
to
section
20
232.96A.
21
Sec.
3.
Section
232.2,
subsection
9,
Code
2022,
is
amended
22
to
read
as
follows:
23
9.
“Court
appointed
special
advocate”
means
a
person
duly
24
certified
by
the
child
advocacy
board
created
in
section
25
237.16
for
participation
in
the
court
appointed
special
26
advocate
program
and
appointed
by
the
court
to
represent
the
27
interests
of
a
child
in
any
judicial
proceeding
to
which
the
28
child
is
a
party
or
is
called
as
a
witness
or
relating
to
any
29
dispositional
order
involving
the
child
resulting
from
such
30
proceeding
carry
out
duties
pursuant
to
section
237.24
.
31
Sec.
4.
Section
232.2,
Code
2022,
is
amended
by
adding
the
32
following
new
subsections:
33
NEW
SUBSECTION
.
20A.
“Fictive
kin”
means
an
adult
person
34
who
is
not
a
relative
of
a
child
but
who
has
an
emotionally
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significant
relationship
with
the
child
or
the
child’s
family.
1
NEW
SUBSECTION
.
20B.
“Foster
care”
means
the
provision
of
2
parental
nurturing,
including
but
not
limited
to
the
furnishing
3
of
food,
lodging,
training,
education,
supervision,
treatment,
4
or
other
care,
to
a
child
on
a
full-time
basis
by
a
person,
5
including
an
adult
relative
or
fictive
kin
of
the
child,
and
6
where
the
child
is
under
the
placement,
care,
or
supervision
7
of
the
department,
juvenile
court
services,
or
tribes
with
8
whom
the
department
has
entered
into
an
agreement
pursuant
9
to
a
court
order
or
voluntary
placement,
but
not
including
a
10
guardian
of
the
child.
11
Sec.
5.
Section
232.2,
subsection
21,
paragraph
a,
Code
12
2022,
is
amended
to
read
as
follows:
13
a.
“Guardian”
means
a
person
who
is
not
the
parent
of
14
a
child,
but
who
has
been
appointed
by
a
court
or
juvenile
15
court
having
jurisdiction
over
the
child,
to
have
a
permanent
16
self-sustaining
relationship
with
the
child
and
to
make
17
important
decisions
which
have
a
permanent
effect
on
the
life
18
and
development
of
that
child
and
to
promote
the
general
19
welfare
of
that
child.
A
guardian
may
be
a
court
or
a
juvenile
20
court
.
Guardian
does
not
mean
conservator,
as
defined
in
21
section
633.3
,
although
a
person
who
is
appointed
to
be
a
22
guardian
may
also
be
appointed
to
be
a
conservator.
23
Sec.
6.
Section
232.2,
subsection
22,
paragraph
a,
Code
24
2022,
is
amended
to
read
as
follows:
25
a.
“Guardian
ad
litem”
means
a
person
appointed
by
the
26
court
to
represent
the
interests
of
a
child
in
any
judicial
27
proceeding
to
which
the
child
is
a
party
,
and
includes
a
court
28
appointed
special
advocate,
except
that
a
court
appointed
29
special
advocate
shall
not
file
motions
or
petitions
pursuant
30
to
section
232.54,
subsection
1
,
paragraphs
“a”
and
“d”
,
section
31
232.103,
subsection
2
,
paragraph
“c”
,
and
section
232.111
.
32
Sec.
7.
Section
232.2,
subsection
22,
paragraph
b,
33
unnumbered
paragraph
1,
Code
2022,
is
amended
to
read
as
34
follows:
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Unless
otherwise
enlarged
or
circumscribed
after
a
finding
1
of
good
cause
by
a
court
or
juvenile
court
having
jurisdiction
2
over
the
child
or
by
operation
of
law,
the
duties
of
a
guardian
3
ad
litem
with
respect
to
a
child
shall
include
the
following:
4
Sec.
8.
Section
232.2,
subsection
22,
paragraph
b,
Code
5
2022,
is
amended
by
adding
the
following
new
subparagraphs:
6
NEW
SUBPARAGRAPH
.
(8)
Submitting
a
written
report
to
7
the
juvenile
court
and
to
each
of
the
parties
detailing
8
compliance
with
this
subsection.
If
the
guardian
ad
litem
9
is
also
appointed
to
represent
the
child
as
an
attorney,
the
10
written
report
shall
contain
an
assessment
of
this
dual
role
11
and
whether
there
is
a
need
for
the
court
to
appoint
a
separate
12
guardian
ad
litem.
A
written
report
shall
be
submitted
for
13
each
court
hearing
unless
otherwise
ordered
by
the
court.
14
NEW
SUBPARAGRAPH
.
(9)
Providing
a
sibling
of
a
child
15
not
placed
with
the
child
with
the
reasons
why
the
child
and
16
the
sibling
have
not
been
placed
together
and
an
explanation
17
of
the
efforts
being
made
to
facilitate
placement
together
18
or
why
efforts
to
place
the
child
and
sibling
together
19
are
not
appropriate.
This
subparagraph
shall
not
apply
if
20
the
sibling’s
age
or
mental
state
makes
such
explanations
21
inappropriate.
22
Sec.
9.
Section
232.2,
subsection
22,
Code
2022,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
e.
In
determining
the
best
interests
of
25
the
child,
rather
than
relying
solely
on
a
guardian
ad
litem’s
26
life
experiences
or
instinct,
a
guardian
ad
litem
shall,
with
27
the
primary
goal
of
achieving
permanency
for
the
child
by
28
preserving
the
child’s
family
or
reunifying
the
child
with
the
29
child’s
family,
do
all
of
the
following:
30
(1)
Determine
the
child’s
circumstances
through
a
full,
31
independent,
and
efficient
investigation,
including
the
32
information
gathered
pursuant
to
this
subsection.
33
(2)
Assess
the
child
at
the
moment
of
the
determination
34
pursuant
to
subparagraph
(1),
including
any
potential
trauma
to
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the
child
that
may
be
caused
by
any
recommended
action.
1
(3)
Examine
all
options
available
to
the
child
in
light
of
2
the
permanency
plans.
3
(4)
Utilize
medical,
mental
health
and
educational
4
professionals,
social
workers,
and
other
related
experts.
5
(5)
Incorporate
a
child’s
expressed
wishes
in
6
recommendations
and
reports.
7
Sec.
10.
Section
232.2,
Code
2022,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
35A.
“Neglect”
means
the
failure
on
the
10
part
of
a
person
responsible
for
the
care
of
a
child
to
provide
11
for
adequate
food,
shelter,
clothing,
medical
or
mental
health
12
treatment,
supervision,
or
other
care
necessary
for
the
child’s
13
health
and
welfare
when
financially
able
to
do
so
or
when
14
offered
financial
or
other
reasonable
means
to
do
so.
15
Sec.
11.
Section
232.2,
subsection
42,
Code
2022,
is
amended
16
to
read
as
follows:
17
42.
“Physical
abuse
or
neglect”
or
“abuse
or
neglect”
18
“Physical
abuse”
means
any
nonaccidental
physical
injury
19
suffered
by
a
child
as
the
result
of
the
acts
or
omissions
of
20
the
child’s
parent,
guardian,
or
custodian
or
other
person
21
legally
responsible
for
the
child.
22
Sec.
12.
Section
232.2,
Code
2022,
is
amended
by
adding
the
23
following
new
subsection:
24
NEW
SUBSECTION
.
045A.
“Putative
father”
means
a
person
who
25
has
been
identified
by
the
mother
of
a
child
as
the
child’s
26
potential
biological
father
or
a
person
who
claims
to
be
the
27
biological
father
of
a
child
and
who
was
not
married
to
the
28
child’s
mother
at
the
time
of
the
child’s
birth,
when
all
of
29
the
following
circumstances
apply:
30
a.
Biological
testing
has
not
excluded
the
person
as
the
31
child’s
biological
father.
32
b.
No
legal
father
has
been
established,
biological
33
testing
excludes
the
previously
identified
father,
or
previous
34
paternity
has
otherwise
been
disestablished.
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c.
Information
sufficient
to
identify
and
find
the
person
1
has
been
provided
to
the
county
attorney
by
the
mother,
the
2
person,
or
a
party
to
proceedings
under
this
chapter.
3
d.
The
person
has
not
been
found
by
a
court
to
be
4
uncooperative
with
genetic
testing.
5
Sec.
13.
Section
232.2,
subsection
46A,
Code
2022,
is
6
amended
by
striking
the
subsection
and
inserting
in
lieu
7
thereof
the
following:
8
46A.
“Relative”
means
an
individual
related
to
a
child
9
within
the
fourth
degree
of
consanguinity
or
affinity,
by
10
marriage,
or
through
adoption.
For
purposes
of
subchapters
III
11
and
IV,
“relative”
includes
the
parent
of
a
sibling
of
the
child
12
if
the
sibling’s
parent’s
parental
rights
were
not
previously
13
terminated
in
relation
to
the
child.
14
Sec.
14.
Section
232.2,
subsection
52,
Code
2022,
is
amended
15
to
read
as
follows:
16
52.
“Sibling”
means
an
individual
who
is
related
to
17
another
individual
by
blood,
adoption,
or
affinity
through
a
18
common
legal
or
biological
parent
,
regardless
of
whether
a
19
common
legal
or
biological
parent’s
parental
rights
have
been
20
terminated
.
21
Sec.
15.
Section
232.3,
subsection
1,
Code
2022,
is
amended
22
to
read
as
follows:
23
1.
During
the
pendency
of
an
action
under
this
chapter
,
a
24
party
to
the
action
is
estopped
from
litigating
concurrently
25
the
custody,
guardianship,
or
placement
of
a
child
who
26
is
the
subject
of
the
action,
in
a
court
other
than
the
27
juvenile
court.
A
district
judge,
district
associate
judge,
28
magistrate,
or
judicial
hospitalization
referee,
upon
notice
29
of
the
pendency
of
an
action
under
this
chapter
,
shall
not
30
issue
an
order,
finding,
or
decision
relating
to
the
custody,
31
guardianship,
or
placement
of
the
child
who
is
the
subject
of
32
the
action,
under
any
law,
including
but
not
limited
to
chapter
33
232D,
598,
598B
,
or
633
.
34
DIVISION
II
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JUVENILE
DELINQUENCY
PROCEEDINGS
——
TAKING
A
CHILD
INTO
CUSTODY
1
Sec.
16.
Section
232.19,
subsection
1,
paragraph
c,
Code
2
2022,
is
amended
to
read
as
follows:
3
c.
By
a
peace
officer,
when
the
peace
officer
has
4
reasonable
grounds
to
believe
the
child
has
run
away
from
the
5
child’s
parents,
guardian,
or
custodian,
for
the
purposes
6
of
determining
whether
the
child
shall
be
reunited
with
the
7
child’s
parents,
guardian,
or
custodian
,
or
placed
in
shelter
8
care
,
or,
if
the
child
is
a
chronic
runaway
and
the
county
has
9
an
approved
county
runaway
treatment
plan,
placed
in
a
runaway
10
assessment
center
under
section
232.196
.
11
DIVISION
III
12
JUVENILE
DELINQUENCY
PROCEEDINGS
——
JUDICIAL
PROCEEDINGS
13
Sec.
17.
Section
232.37,
subsection
4,
Code
2022,
is
amended
14
to
read
as
follows:
15
4.
Service
of
summons
or
notice
shall
be
made
personally
16
by
the
sheriff
by
delivering
a
copy
of
the
summons
or
notice
17
to
the
person
being
served.
If
the
court
determines
that
18
personal
service
of
a
summons
or
notice
is
impracticable,
the
19
court
may
order
service
by
certified
mail
addressed
to
the
last
20
known
address,
by
publication,
or
by
electronic
mail
or
other
21
electronic
means
with
the
consent
of
the
party
to
be
served.
22
Service
of
summons
or
notice
shall
be
made
not
less
than
five
23
days
before
the
time
fixed
for
hearing.
Service
of
summons,
24
notice,
subpoenas
or
other
process,
after
an
initial
valid
25
summons
or
notice,
shall
be
made
in
accordance
with
the
rules
26
of
the
court
governing
such
service
in
civil
actions.
27
Sec.
18.
Section
232.57,
subsection
2,
paragraphs
d,
e,
f,
28
and
g,
Code
2022,
are
amended
to
read
as
follows:
29
d.
The
parent
has
been
convicted
of
the
murder
of
another
30
child
of
the
parent
.
31
e.
The
parent
has
been
convicted
of
the
voluntary
32
manslaughter
of
another
child
of
the
parent
.
33
f.
The
parent
has
been
convicted
of
aiding
or
abetting,
34
attempting,
conspiring
in,
or
soliciting
the
commission
of
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the
murder
or
voluntary
manslaughter
of
another
child
of
the
1
parent
.
2
g.
The
parent
has
been
convicted
of
a
felony
assault
which
3
resulted
in
serious
bodily
injury
of
the
child
or
of
another
4
child
of
the
parent
.
5
DIVISION
IV
6
CHILD
IN
NEED
OF
ASSISTANCE
PROCEEDINGS
——
CHILD
ABUSE
7
REPORTING,
ASSESSMENT,
AND
REHABILITATION
8
Sec.
19.
Section
232.67,
Code
2022,
is
amended
to
read
as
9
follows:
10
232.67
Legislative
findings
——
purpose
and
policy.
11
Children
in
this
state
are
in
urgent
need
of
protection
12
from
abuse.
It
is
the
purpose
and
policy
of
this
part
2
of
13
subchapter
III
to
provide
the
greatest
possible
protection
14
to
victims
or
potential
victims
of
abuse
through
encouraging
15
the
increased
reporting
of
suspected
cases
of
abuse,
ensuring
16
the
thorough
and
prompt
assessment
of
these
reports,
and
17
providing
rehabilitative
services,
where
appropriate
and
18
whenever
possible
to
abused
children
and
their
families
which
19
will
stabilize
the
home
environment
so
that
the
family
can
20
remain
intact
without
further
danger
to
the
child.
The
state
21
recognizes
removing
a
child
from
the
child’s
family
will
cause
22
the
child
harm
and
that
the
harm
caused
by
a
child’s
removal
23
must
be
weighed
against
the
potential
harm
in
allowing
a
child
24
to
remain
with
the
child’s
family.
25
Sec.
20.
Section
232.68,
subsection
2,
paragraph
a,
26
subparagraph
(4),
subparagraph
division
(a),
Code
2022,
is
27
amended
to
read
as
follows:
28
(a)
The
failure
on
the
part
of
a
person
responsible
for
29
the
care
of
a
child
to
provide
for
the
adequate
food,
shelter,
30
clothing,
medical
or
mental
health
treatment,
supervision,
or
31
other
care
necessary
for
the
child’s
health
and
welfare
when
32
financially
able
to
do
so
or
when
offered
financial
or
other
33
reasonable
means
to
do
so
and
the
failure
occurred
within
five
34
years
of
a
report
.
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Sec.
21.
Section
232.68,
subsection
2,
paragraph
a,
1
subparagraph
(7),
Code
2022,
is
amended
to
read
as
follows:
2
(7)
The
person
responsible
for
the
care
of
a
child,
3
in
the
presence
of
a
child,
as
defined
in
section
232.2,
4
subsection
6
,
paragraph
“p”
232.96A,
subsection
16,
paragraph
5
“e”
,
unlawfully
uses,
possesses,
manufactures,
cultivates,
6
or
distributes
a
dangerous
substance,
as
defined
in
section
7
232.2,
subsection
6
,
paragraph
“p”
232.96A,
subsection
16,
8
paragraph
“f”
,
or
knowingly
allows
such
use,
possession,
9
manufacture,
cultivation,
or
distribution
by
another
person
in
10
the
presence
of
a
child;
possesses
a
product
with
the
intent
11
to
use
the
product
as
a
precursor
or
an
intermediary
to
a
12
dangerous
substance
in
the
presence
of
a
child;
or
unlawfully
13
uses,
possesses,
manufactures,
cultivates,
or
distributes
a
14
dangerous
substance
specified
in
section
232.2,
subsection
6
,
15
paragraph
“p”
,
subparagraph
(2),
subparagraph
division
(a),
16
(b),
or
(c)
232.96A,
subsection
16,
paragraph
“f”
,
subparagraph
17
(1),
(2),
or
(3)
,
in
a
child’s
home,
on
the
premises,
or
in
a
18
motor
vehicle
located
on
the
premises
and
the
incident
occurred
19
within
five
years
of
a
report
to
the
department
.
20
Sec.
22.
Section
232.70,
subsection
1,
Code
2022,
is
amended
21
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
22
following:
23
1.
Each
report
made
by
a
mandatory
reporter,
as
defined
24
in
section
232.69,
subsection
1,
or
a
permissive
reporter,
as
25
defined
in
section
232.69,
subsection
2,
shall
be
oral.
26
Sec.
23.
Section
232.71B,
subsection
11,
Code
2022,
is
27
amended
to
read
as
follows:
28
11.
Multidisciplinary
team.
In
each
county
or
multicounty
29
area
in
which
more
than
fifty
child
abuse
reports
are
made
30
per
year,
the
department
shall
establish
a
multidisciplinary
31
team,
as
defined
in
section
235A.13,
subsection
8
.
Upon
the
32
department’s
request,
a
multidisciplinary
team
shall
assist
33
the
department
in
the
assessment,
diagnosis,
and
disposition
34
of
a
child
abuse
assessment
and
the
subsequent
provision
of
35
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services
.
1
DIVISION
V
2
CHILD
IN
NEED
OF
ASSISTANCE
PROCEEDINGS
——
TEMPORARY
CUSTODY
3
OF
A
CHILD
4
Sec.
24.
Section
232.78,
subsection
1,
paragraph
b,
Code
5
2022,
is
amended
to
read
as
follows:
6
b.
It
The
court
has
found
that
substantial
evidence
7
exists
to
demonstrate
that
the
need
for
removal
outweighs
the
8
potential
harm
removal
of
the
child
would
cause
the
child,
9
including
but
not
limited
to
any
physical,
emotional,
social,
10
and
mental
trauma
the
removal
may
cause
the
child.
11
c.
The
court
finds
that
it
appears
that
the
child’s
12
immediate
removal
is
necessary
to
avoid
imminent
danger
to
13
the
child’s
life
or
health.
The
circumstances
or
conditions
14
indicating
the
presence
of
such
imminent
danger
shall
include
15
but
are
not
limited
to
any
of
the
following:
16
(1)
The
refusal
or
failure
of
the
person
responsible
for
17
the
care
of
the
child
to
comply
with
the
request
of
a
peace
18
officer,
juvenile
court
officer,
or
child
protection
worker
19
for
such
person
to
obtain
and
provide
to
the
requester
the
20
results
of
a
physical
or
mental
examination
of
the
child.
The
21
request
for
a
physical
examination
of
the
child
may
specify
the
22
performance
of
a
medically
relevant
test.
23
(2)
The
refusal
or
failure
of
the
person
responsible
for
24
the
care
of
the
child
or
a
person
present
in
the
person’s
home
25
to
comply
with
a
request
of
a
peace
officer,
juvenile
court
26
officer,
or
child
protection
worker
for
such
a
person
to
submit
27
to
and
provide
to
the
requester
the
results
of
a
medically
28
relevant
test
of
the
person.
29
Sec.
25.
Section
232.78,
subsection
7,
Code
2022,
is
amended
30
to
read
as
follows:
31
7.
Any
order
entered
under
this
section
authorizing
32
temporary
removal
of
a
child
must
include
both
all
of
the
33
following:
34
a.
A
determination
made
by
the
court
that
continuation
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of
the
child
in
the
child’s
home
would
be
contrary
to
the
1
welfare
of
the
child.
Such
a
determination
must
be
made
on
a
2
case-by-case
basis.
The
grounds
for
the
court’s
determination
3
must
be
explicitly
documented
and
stated
in
the
order.
4
However,
preserving
the
safety
of
the
child
must
be
the
court’s
5
paramount
consideration.
If
imminent
danger
to
the
child’s
6
life
or
health
exists
at
the
time
of
the
court’s
consideration,
7
the
determination
shall
not
be
a
prerequisite
to
the
removal
8
of
the
child.
9
b.
A
determination
made
by
the
court
that
the
necessity
10
of
the
removal
of
the
child
from
the
child’s
home,
due
to
an
11
imminent
risk
to
the
child’s
life
or
health,
is
greater
than
12
the
potential
harm
including
but
not
limited
to
physical,
13
emotional,
social,
and
mental
trauma
the
removal
may
cause
the
14
child.
15
b.
c.
A
statement
informing
the
child’s
parent
that
the
16
consequences
of
a
permanent
removal
may
include
termination
of
17
the
parent’s
rights
with
respect
to
the
child.
18
Sec.
26.
Section
232.78,
Code
2022,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
8.
a.
If
the
juvenile
court
determines
21
that
the
child
should
be
temporarily
removed
from
the
child’s
22
home
under
this
section,
the
court
shall
consider
placing
the
23
child
in
the
custody
of
another
parent
of
the
child.
If
the
24
juvenile
court
determines
placing
custody
of
the
child
with
any
25
of
the
child’s
parents
is
not
in
the
child’s
best
interests,
26
the
child’s
custody
shall
be
transferred
to
the
department
for
27
placement
of
the
child
in
any
of
the
following
categories
in
28
the
following
order
of
priority:
29
(1)
An
adult
relative
of
the
child
including
but
not
limited
30
to
adult
siblings
and
parents
of
siblings.
31
(2)
A
fictive
kin.
32
(3)
Any
other
suitable
placement
identified
by
the
child’s
33
relatives.
34
(4)
An
individual
licensed
to
provide
foster
care
pursuant
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to
chapter
237.
If
the
child
is
placed
with
a
licensed
foster
1
care
provider,
the
department
shall
assign
decision-making
2
authority
to
the
foster
care
provider
for
the
purpose
of
3
applying
the
reasonable
and
prudent
parent
standard
during
the
4
child’s
placement.
5
(5)
A
group
care
facility,
shelter
care
facility,
or
other
6
residential
treatment
facility.
7
b.
If
the
juvenile
court
places
custody
of
the
child
with
8
the
department
pursuant
to
paragraph
“a”
,
the
court
may
identify
9
a
category
listed
in
paragraph
“a”
,
for
placement
of
the
child,
10
but
the
department
shall
have
the
sole
authority
to
select
the
11
specific
person
or
facility
within
that
category
for
placement.
12
c.
A
juvenile
court
shall
not
order
placement
of
a
child
13
in
a
category
listed
in
paragraph
“a”
,
subparagraph
(2),
(3),
14
(4),
or
(5),
without
a
specific
finding
that
placement
with
a
15
relative
is
not
in
the
child’s
best
interests
and
shall
provide
16
reasons
for
the
court’s
finding.
17
Sec.
27.
Section
232.79,
subsection
2,
Code
2022,
is
amended
18
by
adding
the
following
new
paragraph:
19
NEW
PARAGRAPH
.
0c.
Make
every
reasonable
effort
to
place
20
the
child
with
an
adult
relative
or
a
fictive
kin
of
the
child.
21
Sec.
28.
Section
232.79A,
Code
2022,
is
amended
to
read
as
22
follows:
23
232.79A
Children
without
adult
supervision.
24
If
a
peace
officer
determines
that
a
child
does
not
have
25
adult
supervision
because
the
child’s
parent,
guardian,
or
26
other
person
responsible
for
the
care
of
the
child
has
been
27
arrested
and
detained
or
has
been
unexpectedly
incapacitated,
28
and
that
no
adult
who
is
legally
responsible
for
the
care
29
of
the
child
can
be
located
within
a
reasonable
period
of
30
time,
the
peace
officer
shall
attempt
to
place
the
child
with
31
an
adult
relative
of
the
child
,
an
adult
person
who
cares
32
for
the
child,
or
another
adult
person
who
is
known
to
the
33
child
or
a
fictive
kin
.
The
person
with
whom
the
child
is
34
placed
is
authorized
to
give
consent
for
emergency
medical
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treatment
of
the
child
and
shall
not
be
held
liable
for
any
1
action
arising
from
giving
the
consent.
Upon
the
request
2
of
the
peace
officer,
the
department
shall
assist
in
making
3
the
placement.
The
placement
shall
not
exceed
a
period
of
4
twenty-four
hours
and
shall
be
terminated
when
a
person
who
5
is
legally
responsible
for
the
care
of
the
child
is
located
6
and
takes
custody
of
the
child.
If
a
person
who
is
legally
7
responsible
for
the
care
of
the
child
cannot
be
located
within
8
the
twenty-four
hour
period
or
a
placement
in
accordance
with
9
this
section
is
unavailable,
the
provisions
of
section
232.79
10
shall
apply.
If
the
person
with
whom
the
child
is
placed
11
charges
a
fee
for
the
care
of
the
child,
the
fee
shall
be
paid
12
from
funds
provided
in
the
appropriation
to
the
department
for
13
protective
child
care.
14
Sec.
29.
NEW
SECTION
.
232.79B
Safety
plans.
15
1.
For
the
purposes
of
this
section,
“safety
plan”
means
16
a
short-term,
time-limited
agreement
entered
into
between
the
17
department
and
a
child’s
parent
designed
to
address
signs
of
18
imminent
or
impending
danger
to
a
child
identified
by
the
19
department.
20
2.
Upon
the
department’s
determination
that
potential
harm
21
to
a
child
may
be
mitigated
by
the
development
of
a
safety
22
plan,
the
department
may
enter
into
a
safety
plan
with
the
23
child’s
parent.
24
3.
A
safety
plan
shall
not
be
construed
as
a
removal
from
25
parental
custody
absent
a
court
order
placing
the
child
with
a
26
person
or
facility
other
than
the
parent
who
entered
into
the
27
safety
plan.
28
4.
The
department
shall
adopt
rules
to
implement
this
29
section.
30
Sec.
30.
Section
232.82,
Code
2022,
is
amended
to
read
as
31
follows:
32
232.82
Removal
of
sexual
offenders
,
and
physical
abusers
,
and
33
domestic
abusers
from
the
residence
pursuant
to
court
order.
34
1.
Notwithstanding
section
561.15
,
if
it
is
alleged
by
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a
person
authorized
to
file
a
petition
under
section
232.87,
1
subsection
2
,
or
by
the
court
on
its
own
motion,
that
a
parent,
2
guardian,
custodian,
or
an
adult
member
of
the
household
in
3
which
a
child
resides
has
committed
a
sexual
offense
with
or
4
against
the
child,
pursuant
to
chapter
709
or
section
726.2
,
or
5
a
physical
abuse
as
defined
by
in
section
232.2,
subsection
42
,
6
or
domestic
abuse
assault
as
defined
in
section
708.2A,
against
7
the
child
or
another
household
member
at
a
location
or
in
a
8
manner
a
reasonably
prudent
person
would
know
the
child
could
9
see,
hear,
or
otherwise
experience,
the
juvenile
court
may
10
enter
an
ex
parte
order
requiring
the
alleged
sexual
offender
,
11
or
physical
abuser
,
or
domestic
abuser
to
vacate
the
child’s
12
residence
upon
a
showing
that
probable
cause
exists
to
believe
13
that
the
sexual
offense
,
or
physical
abuse
,
or
domestic
abuse
14
has
occurred
and
that
substantial
evidence
exists
to
believe
15
that
the
presence
of
the
alleged
sexual
offender
,
or
physical
16
abuser
,
or
domestic
abuser
in
the
child’s
residence
presents
a
17
danger
to
the
child’s
life
or
physical,
emotional,
or
mental
18
health.
19
2.
If
an
order
is
entered
under
subsection
1
and
a
petition
20
has
not
yet
been
filed
under
this
chapter
,
the
petition
shall
21
be
filed
under
section
232.87
by
the
county
attorney,
the
22
department
of
human
services,
or
a
juvenile
court
officer
23
within
three
days
of
the
entering
of
the
order.
24
3.
The
juvenile
court
may
order
on
its
own
motion,
or
25
shall
order
upon
the
request
of
the
alleged
sexual
offender
,
26
or
physical
abuser,
or
domestic
abuser
a
hearing
to
determine
27
whether
the
order
to
vacate
the
residence
should
be
upheld,
28
modified,
or
vacated.
The
hearing
shall
be
held
within
thirty
29
days
of
removal
of
the
alleged
sexual
offender,
physical
30
abuser,
or
domestic
abuser
from
the
residence.
The
juvenile
31
court
may
in
any
later
child
in
need
of
assistance
proceeding
32
uphold,
modify,
or
vacate
the
order
to
vacate
the
residence.
33
Sec.
31.
Section
232.84,
subsection
2,
Code
2022,
is
amended
34
to
read
as
follows:
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2.
Within
Unless
the
custody
of
a
child
is
transferred
1
from
one
of
the
child’s
parents
to
another
parent
of
the
2
child,
within
thirty
days
after
the
entry
of
an
order
under
3
this
chapter
transferring
custody
of
a
child
to
an
agency
for
4
placement
removing
a
child
from
the
custody
of
a
parent
or
5
parents
of
the
child
,
the
agency
department
shall
exercise
due
6
diligence
in
identifying
and
providing
notice
to
the
child’s
7
grandparents,
aunts,
uncles,
adult
siblings,
parents
of
the
8
child’s
siblings,
and
adult
relatives
suggested
by
the
child’s
9
parents,
subject
to
exceptions
due
to
the
presence
of
family
or
10
domestic
violence.
11
Sec.
32.
Section
232.84,
Code
2022,
is
amended
by
adding
the
12
following
new
subsections:
13
NEW
SUBSECTION
.
4.
The
agency
may
share
information
as
14
necessary
to
explore
a
child’s
potential
placement
with
any
15
adult
relative
who
may
receive
notice
pursuant
to
subsection
2.
16
NEW
SUBSECTION
.
5.
If
an
adult
relative
entitled
to
notice
17
pursuant
to
subsection
2
is
later
discovered
by
or
identified
18
to
the
department,
the
department
shall
provide
notice
to
that
19
relative
within
thirty
days
of
that
relative
becoming
known
to
20
the
department.
21
Sec.
33.
NEW
SECTION
.
232.96A
Child
in
need
of
assistance
22
adjudication.
23
The
court
may
adjudicate
a
child
in
need
of
assistance
24
if
such
child
is
unmarried
and
meets
any
of
the
following
25
requirements:
26
1.
The
child’s
parent,
guardian,
or
other
custodian
has
27
abandoned
or
deserted
the
child.
28
2.
The
child’s
parent,
guardian,
other
custodian,
or
29
other
member
of
the
household
in
which
the
child
resides
has
30
physically
abused
or
neglected
the
child,
or
is
imminently
31
likely
to
physically
abuse
or
neglect
the
child.
32
3.
The
child
has
suffered
or
is
imminently
likely
to
suffer
33
harmful
effects
as
a
result
of
any
of
the
following:
34
a.
Mental
injury
caused
by
the
acts
of
the
child’s
parent,
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guardian,
or
custodian.
1
b.
The
failure
of
the
child’s
parent,
guardian,
custodian,
2
or
other
member
of
the
household
in
which
the
child
resides
to
3
exercise
a
reasonable
degree
of
care
in
supervising
the
child.
4
c.
The
child’s
parent,
guardian,
custodian,
or
person
5
responsible
for
the
care
of
a
child
as
defined
in
section
6
232.68,
has
knowingly
disseminated
or
exhibited
obscene
7
material,
as
defined
in
section
728.1,
to
the
child.
8
4.
The
child
has
been,
or
is
imminently
likely
to
be,
9
sexually
abused
by
the
child’s
parent,
guardian,
custodian,
or
10
other
member
of
the
household
in
which
the
child
resides.
11
5.
The
child
is
in
need
of
medical
treatment
to
cure,
12
alleviate,
or
prevent
serious
physical
injury
or
illness
and
13
whose
parent,
guardian,
or
custodian
is
unwilling
or
unable
to
14
provide
such
treatment.
15
6.
The
child
is
in
need
of
treatment
to
cure
or
alleviate
16
serious
mental
illness
or
disorder,
or
emotional
damage
17
as
evidenced
by
severe
anxiety,
depression,
withdrawal,
or
18
untoward
aggressive
behavior
toward
the
child’s
self
or
others
19
and
the
child’s
parent,
guardian,
or
custodian
is
unwilling
to
20
provide
such
treatment.
21
7.
The
child’s
parent,
guardian,
or
custodian
fails
to
22
exercise
a
minimal
degree
of
care
in
supplying
the
child
with
23
adequate
food,
clothing,
or
shelter
and
refuses
other
means
24
made
available
to
provide
such
essentials.
25
8.
The
child
has
committed
a
delinquent
act
as
a
result
26
of
pressure,
guidance,
or
approval
from
a
parent,
guardian,
27
custodian,
or
other
member
of
the
household
in
which
the
child
28
resides.
29
9.
The
child
has
been
the
subject
of
or
a
party
to
sexual
30
activities
for
hire
or
who
poses
for
live
display
or
for
31
photographic
or
other
means
of
pictorial
reproduction
or
32
display
which
is
designed
to
appeal
to
the
prurient
interest,
33
is
patently
offensive,
and
taken
as
a
whole,
lacks
serious
34
literary,
scientific,
political,
or
artistic
value.
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10.
The
child
is
without
a
parent,
guardian,
or
other
1
custodian.
2
11.
The
child’s
parent,
guardian,
or
other
custodian
for
3
good
cause
desires
to
be
relieved
of
the
child’s
care
and
4
custody.
5
12.
The
child
for
good
cause
desires
to
have
the
child’s
6
parents
relieved
of
the
child’s
care
and
custody.
7
13.
The
child
is
in
need
of
treatment
to
cure
or
alleviate
8
chemical
dependency
and
whose
parent,
guardian,
or
custodian
is
9
unwilling
or
unable
to
provide
such
treatment.
10
14.
The
child’s
parent,
guardian,
or
custodian
suffers
11
from
a
mental
incapacity,
a
mental
condition,
imprisonment,
or
12
drug
or
alcohol
abuse
that
results
in
the
child
not
receiving
13
adequate
care
or
being
imminently
likely
not
to
receive
14
adequate
care.
15
15.
The
child’s
body
has
an
illegal
drug
present
as
a
16
direct
and
foreseeable
consequence
of
the
acts
or
omissions
of
17
the
child’s
parent,
guardian,
or
custodian.
The
presence
of
18
the
drug
shall
be
determined
in
accordance
with
a
medically
19
relevant
test
as
defined
in
section
232.73.
20
16.
The
child’s
parent,
guardian,
custodian,
or
other
adult
21
member
of
the
household
in
which
a
child
resides
does
any
of
22
the
following:
23
a.
Unlawfully
uses,
possesses,
manufactures,
cultivates,
or
24
distributes
a
dangerous
substance
in
the
presence
of
the
child.
25
b.
Knowingly
allows
the
use,
possession,
manufacture,
26
cultivation,
or
distribution
of
a
dangerous
substance
by
27
another
person
in
the
presence
of
the
child.
28
c.
Possesses
a
product
with
the
intent
to
use
the
product
as
29
a
precursor
or
an
intermediary
to
a
dangerous
substance
in
the
30
presence
of
the
child.
31
d.
Unlawfully
uses,
possesses,
manufactures,
cultivates,
32
or
distributes
a
dangerous
substance
listed
in
paragraph
“f”
,
33
subparagraph
(1),
(2),
or
(3),
in
the
child’s
home,
on
the
34
premises,
or
in
a
motor
vehicle
located
on
the
premises.
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e.
For
the
purposes
of
this
subsection,
“
in
the
presence
of
1
a
child”
means
in
the
physical
presence
of
a
child
or
occurring
2
under
other
circumstances
in
which
a
reasonably
prudent
person
3
would
know
that
the
use,
possession,
manufacture,
cultivation,
4
or
distribution
of
a
dangerous
substance
may
be
seen,
smelled,
5
ingested,
or
heard
by
a
child.
6
f.
For
the
purposes
of
this
subsection,
“dangerous
7
substance”
means
any
of
the
following:
8
(1)
Amphetamine,
its
salts,
isomers,
or
salts
of
its
9
isomers.
10
(2)
Methamphetamine,
its
salts,
isomers,
or
salts
of
its
11
isomers.
12
(3)
A
chemical
or
combination
of
chemicals
that
poses
a
13
reasonable
risk
of
causing
an
explosion,
fire,
or
other
danger
14
to
the
life
or
health
of
persons
who
are
in
the
vicinity
while
15
the
chemical
or
combination
of
chemicals
is
used
or
is
intended
16
to
be
used
in
any
of
the
following:
17
(a)
The
process
of
manufacturing
an
illegal
or
controlled
18
substance.
19
(b)
As
a
precursor
in
the
manufacturing
of
an
illegal
or
20
controlled
substance.
21
(c)
As
an
intermediary
in
the
manufacturing
of
an
illegal
22
or
controlled
substance.
23
(4)
Cocaine,
its
salts,
isomers,
salts
of
its
isomers,
or
24
derivatives.
25
(5)
Heroin,
its
salts,
isomers,
salts
of
its
isomers,
or
26
derivatives.
27
(6)
Opium
and
opiate,
and
any
salt,
compound,
derivative,
or
28
preparation
of
opium
or
opiate.
29
17.
The
child
is
a
newborn
infant
whose
parent
has
30
voluntarily
released
custody
of
the
child
in
accordance
with
31
chapter
233.
32
DIVISION
VI
33
CHILD
IN
NEED
OF
ASSISTANCE
PROCEEDINGS
——
JUDICIAL
PROCEEDINGS
34
Sec.
34.
Section
232.89,
subsection
1,
Code
2022,
is
amended
35
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to
read
as
follows:
1
1.
Upon
the
filing
of
a
petition
the
parent,
guardian,
2
putative
father,
or
custodian
identified
in
the
petition
shall
3
have
the
right
to
counsel
in
connection
with
all
subsequent
4
hearings
and
proceedings.
If
that
person
desires
but
is
5
financially
unable
to
employ
counsel,
the
court
shall
appoint
6
counsel.
7
Sec.
35.
Section
232.89,
subsection
2,
paragraph
a,
Code
8
2022,
is
amended
to
read
as
follows:
9
a.
If
the
child
is
represented
by
counsel
and
the
court
10
determines
there
is
a
conflict
of
interest
between
the
child
11
and
the
child’s
parent,
guardian,
putative
father,
or
custodian
12
and
that
the
retained
counsel
could
not
properly
represent
the
13
child
as
a
result
of
the
conflict,
the
court
shall
appoint
14
other
counsel
to
represent
the
child,
who
shall
be
compensated
15
pursuant
to
the
provisions
of
subsection
3
.
16
Sec.
36.
Section
232.89,
subsection
4,
Code
2022,
is
amended
17
to
read
as
follows:
18
4.
The
same
person
may
serve
both
as
the
child’s
counsel
19
and
as
guardian
ad
litem.
However,
the
court
may
appoint
a
20
separate
guardian
ad
litem,
if
the
same
person
cannot
properly
21
represent
the
legal
interests
of
the
child
as
legal
counsel
22
and
also
represent
the
best
interest
of
the
child
as
guardian
23
ad
litem
in
accordance
with
section
232.2,
subsection
22,
24
paragraph
“e”
,
or
a
separate
guardian
ad
litem
is
required
25
to
fulfill
the
requirements
of
subsection
2
.
If
a
child’s
26
guardian
ad
litem
is
also
acting
as
an
attorney
for
the
child,
27
each
report
submitted
to
a
court
by
the
guardian
ad
litem
shall
28
contain
a
statement
indicating
whether
a
separate
guardian
ad
29
litem
is
required
based
on
the
guardian
ad
litem’s
interviews
30
and
investigations
conducted
until
the
time
a
report
is
31
submitted
to
the
court.
32
Sec.
37.
Section
232.91,
subsections
1,
2,
3,
and
4,
Code
33
2022,
are
amended
to
read
as
follows:
34
1.
Any
hearings
or
proceedings
under
this
subchapter
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subsequent
to
the
filing
of
a
petition
shall
not
take
place
1
without
the
presence
of
the
child’s
parent,
guardian,
2
custodian,
or
guardian
ad
litem
in
accordance
with
and
subject
3
to
section
232.38
.
A
parent
without
custody
may
petition
4
the
court
to
shall
be
made
a
party
to
proceedings
under
this
5
subchapter
.
6
2.
An
agency,
facility,
institution,
or
person
adult
7
relative
with
a
substantial
relationship
to
the
child,
fictive
8
kin
,
including
a
foster
parent
or
an
individual
providing
9
preadoptive
care,
or
individual
providing
custodial
care
to
the
10
child
may
petition
the
court
to
be
made
a
party
to
proceedings
11
under
this
subchapter
.
12
3.
Any
person
who
is
entitled
under
section
232.88
to
13
receive
notice
of
a
hearing
concerning
a
child
shall
be
given
14
the
opportunity
to
be
heard
in
any
other
review
or
hearing
15
involving
the
child.
A
foster
parent,
adult
relative,
or
other
16
individual
with
whom
a
child
has
been
placed
for
preadoptive
17
care
shall
have
the
right
to
be
heard
in
any
proceeding
18
involving
the
child.
If
a
child
is
of
an
age
appropriate
to
19
attend
the
hearing
but
the
child
does
not
attend,
the
court
20
shall
determine
if
the
child
was
informed
of
the
child’s
right
21
to
attend
the
hearing.
A
presumption
exists
that
it
is
in
the
22
best
interests
of
a
child
fourteen
ten
years
of
age
or
older
to
23
attend
all
hearings.
24
4.
If
a
child
is
of
an
age
appropriate
to
attend
a
hearing
25
but
the
child
does
not
attend,
the
court
shall
determine
if
the
26
child
was
informed
of
the
child’s
right
to
attend
the
hearing.
27
A
presumption
exists
that
it
is
in
the
best
interests
of
a
28
child
fourteen
ten
years
of
age
or
older
to
attend
all
hearings
29
and
all
staff
or
family
meetings
involving
placement
options
30
or
services
provided
to
the
child.
The
department
shall
allow
31
the
child
to
attend
all
such
hearings
and
meetings
unless
the
32
attorney
for
the
child
finds
the
child’s
attendance
is
not
in
33
the
best
interests
of
the
child.
If
the
child
is
excluded
from
34
attending
a
hearing
or
meeting,
the
department
shall
maintain
a
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written
record
detailing
the
reasons
for
excluding
the
child.
1
Notwithstanding
sections
232.147
through
232.151
,
a
copy
of
the
2
written
record
shall
be
made
available
to
the
child
upon
the
3
request
of
the
child
after
reaching
the
age
of
majority.
4
Sec.
38.
NEW
SECTION
.
232.94B
Continuances.
5
A
court
may
grant
a
continuance
in
a
child
in
need
of
6
assistance
proceeding
or
a
termination
of
a
parent-child
7
relationship
proceeding
only
for
good
cause
shown.
8
Sec.
39.
Section
232.95,
subsection
2,
Code
2022,
is
amended
9
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
10
following:
11
2.
a.
Upon
such
hearing,
the
court
may
do
any
of
the
12
following:
13
(1)
Return
the
child
to
a
person
with
legal
custody
of
the
14
child
pending
a
final
order
of
disposition.
15
(2)
Remove
the
child
from
home
and
place
the
child
with
a
16
parent
of
the
child
pending
a
final
order
of
disposition.
17
(3)
Remove
the
child
from
home
and
place
custody
of
the
18
child
with
the
department
for
placement
of
the
child,
pending
a
19
final
order
of
disposition,
in
any
of
the
following
categories
20
in
the
following
order
of
priority:
21
(a)
An
adult
relative
of
the
child
including
but
not
limited
22
to
adult
siblings
and
parents
of
siblings.
23
(b)
A
fictive
kin.
24
(c)
Any
other
suitable
placement
identified
by
the
child’s
25
relatives.
26
(d)
An
individual
licensed
to
provide
foster
care
pursuant
27
to
chapter
237.
If
the
child
is
placed
with
a
licensed
foster
28
care
provider,
the
department
shall
assign
decision-making
29
authority
to
the
foster
care
provider
for
the
purpose
of
30
applying
the
reasonable
and
prudent
parent
standard
during
the
31
child’s
placement.
32
(e)
A
group
care
facility,
shelter
care
facility,
or
other
33
residential
treatment
facility.
34
(4)
Authorize
a
physician
or
hospital
to
provide
medical
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or
surgical
procedures
if
such
procedures
are
necessary
to
1
safeguard
the
child’s
life
or
health.
2
Sec.
40.
Section
232.95,
Code
2022,
is
amended
by
adding
the
3
following
new
subsections:
4
NEW
SUBSECTION
.
5.
a.
If
the
court
orders
a
removal
5
pursuant
to
subsection
2,
paragraph
“a”
,
subparagraph
(2)
or
6
(3),
the
court
shall,
in
addition,
make
a
determination
that
7
continuation
of
the
child
in
the
child’s
home
would
be
contrary
8
to
the
welfare
of
the
child,
and
that
reasonable
efforts
have
9
been
made
to
prevent
or
eliminate
the
need
for
removal
of
the
10
child
from
the
child’s
home.
The
court
shall
also
make
a
11
finding
that
substantial
evidence
exists
to
demonstrate
that
12
the
need
for
removal
due
to
an
imminent
risk
to
the
child’s
13
life
or
health
is
greater
than
the
potential
harm
including
14
but
not
limited
to
any
physical,
emotional,
social,
or
mental
15
trauma
the
removal
may
cause
the
child.
16
b.
If
the
court
orders
a
return
of
a
child
pursuant
to
17
subsection
2,
paragraph
“a”
,
subparagraph
(1),
the
court’s
18
determination
regarding
continuation
of
the
child
in
the
19
child’s
home
and
regarding
reasonable
efforts,
including
20
those
made
to
prevent
removal
and
those
made
to
finalize
any
21
permanency
plan
in
effect
as
well
as
any
determination
by
the
22
court
that
reasonable
efforts
are
not
required,
must
be
made
23
on
a
case-by-case
basis.
The
grounds
for
each
determination
24
must
be
specifically
documented
and
stated
in
the
court
order.
25
However,
preserving
the
safety
of
the
child
must
be
the
court’s
26
paramount
consideration.
If
imminent
danger
to
the
child’s
27
life
or
health
exists
at
the
time
of
the
court’s
consideration,
28
the
determinations
otherwise
required
under
this
paragraph
29
shall
not
be
a
prerequisite
for
an
order
for
temporary
removal
30
of
the
child.
31
NEW
SUBSECTION
.
6.
a.
If
the
court
places
custody
of
the
32
child
with
the
department
pursuant
to
subsection
2,
paragraph
33
“a”
,
subparagraph
(3),
the
court
may
identify
a
category
listed
34
in
subsection
2,
paragraph
“a”
,
subparagraph
(3),
for
placement
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of
the
child,
but
the
department
shall
have
sole
authority
to
1
select
the
specific
person
or
facility
within
that
category
for
2
placement.
3
b.
The
court
shall
not
order
placement
of
a
child
in
4
a
category
identified
in
subsection
2,
paragraph
“a”
,
5
subparagraph
(3),
subparagraph
division
(b),
(c),
(d),
or
6
(e),
without
a
specific
finding
that
placement
with
an
adult
7
relative
is
not
in
the
child’s
best
interest
and
providing
8
reasons
for
the
finding.
9
c.
If
the
court
orders
the
removal
of
a
child
pursuant
10
to
subsection
2,
paragraph
“a”
,
subparagraph
(2)
or
(3),
the
11
order
shall
also
include
a
statement
informing
the
child’s
12
parent
that
the
consequences
of
a
permanent
removal
may
include
13
termination
of
the
parent’s
rights
with
respect
to
the
child.
14
Sec.
41.
Section
232.96,
subsection
6,
Code
2022,
is
amended
15
to
read
as
follows:
16
6.
A
report,
study,
record,
or
other
writing
or
an
17
audiotape
or
videotape
recording
made
by
the
department
of
18
human
services,
a
juvenile
court
officer,
a
peace
officer
,
a
19
child
protection
center,
or
a
hospital
relating
to
a
child
in
a
20
proceeding
under
this
subchapter
is
admissible
notwithstanding
21
any
objection
to
hearsay
statements
contained
in
it
provided
22
it
is
relevant
and
material
and
provided
its
probative
value
23
substantially
outweighs
the
danger
of
unfair
prejudice
to
the
24
child’s
parent,
guardian,
or
custodian.
The
circumstances
of
25
the
making
of
the
report,
study,
record
or
other
writing
or
an
26
audiotape
or
videotape
recording,
including
the
maker’s
lack
of
27
personal
knowledge,
may
be
proved
to
affect
its
weight.
28
Sec.
42.
Section
232.96,
subsection
10,
Code
2022,
is
29
amended
to
read
as
follows:
30
10.
If
the
court
enters
an
order
adjudicating
the
child
31
to
be
a
child
in
need
of
assistance,
the
court,
if
it
has
not
32
previously
done
so,
may
issue
an
order
authorizing
temporary
33
removal
of
the
child
from
the
child’s
home
as
set
forth
in
34
section
232.95,
subsection
2
,
paragraph
“a”
,
subparagraph
(2)
35
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or
(3),
pending
a
final
order
of
disposition.
The
order
shall
1
include
both
all
of
the
following:
2
a.
A
determination
that
continuation
of
the
child
in
the
3
child’s
home
would
be
contrary
to
the
welfare
of
the
child,
4
and
that
reasonable
efforts
,
as
defined
in
section
232.102,
5
have
been
made
to
prevent
or
eliminate
the
need
for
removal
of
6
the
child
from
the
child’s
home
and
the
court
has
found
that
7
substantial
evidence
exists
to
demonstrate
that
the
need
for
8
removal
due
to
an
imminent
risk
to
the
child’s
life
or
health
9
is
greater
than
the
potential
harm
including
but
not
limited
to
10
any
physical,
emotional,
social,
or
mental
trauma
the
removal
11
may
cause
the
child
.
The
court’s
determination
regarding
12
continuation
of
the
child
in
the
child’s
home,
and
regarding
13
reasonable
efforts,
including
those
made
to
prevent
removal
14
and
those
made
to
finalize
any
permanency
plan
in
effect,
as
15
well
as
any
determination
by
the
court
that
reasonable
efforts
16
are
not
required,
must
be
made
on
a
case-by-case
basis.
The
17
grounds
for
each
determination
must
be
explicitly
documented
18
and
stated
in
the
court
order.
However,
preserving
the
safety
19
of
the
child
is
the
paramount
consideration.
If
imminent
20
danger
to
the
child’s
life
or
health
exists
at
the
time
of
the
21
court’s
consideration,
the
determinations
otherwise
required
22
under
this
paragraph
shall
not
be
a
prerequisite
for
an
order
23
for
temporary
removal
of
the
child.
24
b.
A
statement
informing
the
child’s
parent
that
the
25
consequences
of
a
permanent
removal
may
include
termination
of
26
the
parent’s
rights
with
respect
to
the
child.
27
c.
If
the
court
orders
a
removal
of
a
child
pursuant
to
this
28
subsection
and
placement
of
a
child
pursuant
to
section
232.95,
29
subsection
2,
paragraph
“a”
,
subparagraph
(3),
subparagraph
30
division
(b),
(c),
(d),
or
(e),
a
specific
finding
that
31
placement
with
an
adult
relative
is
not
in
the
child’s
best
32
interest
and
the
reasons
for
the
finding.
33
Sec.
43.
Section
232.96,
Code
2022,
is
amended
by
adding
the
34
following
new
subsection:
35
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NEW
SUBSECTION
.
11.
If
the
court
places
custody
of
the
1
child
with
the
department
pursuant
to
subsection
10,
the
court
2
may
identify
a
category
listed
in
section
232.95,
subsection
2,
3
paragraph
“a”
,
subparagraph
(3),
for
placement
of
the
child,
but
4
the
department
shall
have
sole
authority
to
select
the
specific
5
person
or
facility
within
that
category
for
placement.
6
Sec.
44.
Section
232.97,
subsection
3,
Code
2022,
is
amended
7
to
read
as
follows:
8
3.
The
social
report
shall
not
be
disclosed
except
as
9
provided
in
this
section
and
except
as
otherwise
provided
in
10
this
chapter
.
At
least
five
days
prior
to
the
hearing
at
which
11
the
disposition
is
determined,
the
court
department
shall
send
12
file
a
copy
of
the
social
report
to
with
the
court
and
the
court
13
shall
restrict
access
of
the
social
report
to
the
public
except
14
for
counsel
for
the
child,
counsel
for
the
child’s
parent,
the
15
state’s
counsel,
a
guardian
,
or
custodian,
the
department,
the
16
court
appointed
special
advocate,
a
local
board
as
defined
in
17
section
237.15,
the
county
attorney,
and
the
guardian
ad
litem.
18
The
court
may
in
its
discretion
order
counsel
not
to
disclose
19
parts
of
the
report
to
the
child,
or
to
the
parent,
guardian,
20
or
custodian
if
disclosure
would
seriously
harm
the
treatment
21
or
rehabilitation
of
the
child
or
would
violate
a
promise
of
22
confidentiality
given
to
a
source
of
information
.
If
the
23
report
indicates
the
child
or
parent
has
behaved
in
a
manner
24
that
threatened
the
safety
of
another
person,
has
committed
a
25
violent
act
causing
bodily
injury
to
another
person,
or
has
26
committed
sexual
abuse,
or
the
child
has
been
a
victim
or
27
perpetrator
of
sexual
abuse,
unless
otherwise
ordered
by
the
28
court,
the
child’s
parent,
guardian,
or
foster
parent
or
other
29
person
with
custody
of
or
providing
substantial
care
to
the
30
child
shall
be
provided
with
that
information.
31
Sec.
45.
Section
232.102,
subsection
1,
paragraph
a,
Code
32
2022,
is
amended
by
striking
the
paragraph
and
inserting
in
33
lieu
thereof
the
following:
34
a.
After
a
dispositional
hearing,
the
court
may
enter
an
35
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order
transferring
the
legal
custody
of
the
child
to
a
parent
1
of
the
child.
If
the
court
finds
that
custody
with
either
2
of
the
child’s
parents
is
not
in
the
child’s
best
interests,
3
the
child’s
custody
shall
be
transferred
to
the
department
for
4
placement
of
the
child
in
any
of
the
following
categories
in
5
the
following
order
of
priority:
6
(1)
An
adult
relative
of
the
child
including
but
not
limited
7
to
adult
siblings
and
parents
of
siblings.
8
(2)
A
fictive
kin.
9
(3)
Any
other
suitable
placement
identified
by
the
child’s
10
relatives.
11
(4)
An
individual
licensed
to
provide
foster
care
pursuant
12
to
chapter
237.
If
the
child
is
placed
with
a
licensed
foster
13
care
provider,
the
department
shall
assign
decision-making
14
authority
to
the
foster
care
provider
for
the
purpose
of
15
applying
the
reasonable
and
prudent
parent
standard
during
the
16
child’s
placement.
17
(5)
A
group
care
facility,
shelter
care
facility,
or
other
18
residential
treatment
facility.
19
b.
If
a
court
places
custody
of
the
child
with
the
20
department
pursuant
to
paragraph
“a”
,
the
court
may
identify
a
21
category
listed
in
paragraph
“a”
,
for
placement
of
the
child,
22
but
the
department
shall
have
the
sole
authority
to
select
the
23
specific
person
or
facility
within
that
category
for
placement.
24
c.
A
court
shall
not
order
placement
of
a
child
in
a
25
category
identified
in
paragraph
“a”
,
subparagraph
(2),
(3),
26
(4),
or
(5)
without
a
specific
finding
that
placement
with
27
an
adult
relative
is
not
in
the
child’s
best
interest
and
28
providing
reasons
for
the
court’s
finding.
29
d.
If
the
child
is
sixteen
years
of
age
or
older,
the
30
order
shall
specify
the
services
needed
to
assist
the
child
in
31
preparing
for
the
transition
from
foster
care
to
adulthood.
If
32
the
child
has
a
case
permanency
plan,
the
court
shall
consider
33
the
written
transition
plan
of
services
and
needs
assessment
34
developed
for
the
child’s
case
permanency
plan.
If
the
child
35
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does
not
have
a
case
permanency
plan
containing
the
transition
1
plan
and
needs
assessment
at
the
time
the
order
is
entered,
the
2
written
transition
plan
and
needs
assessment
shall
be
developed
3
and
submitted
for
the
court’s
consideration
no
later
than
six
4
months
from
the
date
of
the
transfer
order.
The
court
shall
5
modify
the
initial
transfer
order
as
necessary
to
specify
6
the
services
needed
to
assist
the
child
in
preparing
for
the
7
transition
from
foster
care
to
adulthood.
If
the
transition
8
plan
identifies
services
or
other
support
needed
to
assist
9
the
child
when
the
child
becomes
an
adult
and
the
court
deems
10
it
to
be
beneficial
to
the
child,
the
court
may
authorize
11
the
individual
who
is
the
child’s
guardian
ad
litem
or
court
12
appointed
special
advocate
to
continue
a
relationship
with
and
13
provide
advice
to
the
child
for
a
period
of
time
beyond
the
14
child’s
eighteenth
birthday.
15
Sec.
46.
Section
232.102,
subsections
2
and
5,
Code
2022,
16
are
amended
by
striking
the
subsections.
17
Sec.
47.
Section
232.102,
subsection
10,
Code
2022,
is
18
amended
by
striking
the
subsection
and
inserting
in
lieu
19
thereof
the
following:
20
10.
Unless
prohibited
by
court
order
or
the
department
or
21
juvenile
court
services
finds
that
allowing
the
visitation
22
would
not
be
in
the
child’s
best
interest,
the
department
or
23
juvenile
court
services
may
authorize
reasonable
visitation
24
between
the
child
and
the
child’s
adult
relative
or
a
fictive
25
kin.
26
Sec.
48.
NEW
SECTION
.
232.102A
Reasonable
efforts.
27
1.
For
the
purposes
of
this
subchapter:
28
a.
“Reasonable
efforts”
means
the
efforts
made
to
preserve
29
and
unify
a
family
prior
to
the
out-of-home
placement
of
a
30
child
in
foster
care
or
to
eliminate
the
need
for
removal
of
31
the
child
or
make
it
possible
for
the
child
to
safely
return
32
to
the
family’s
home.
Reasonable
efforts
include
but
are
not
33
limited
to
giving
consideration,
if
appropriate,
to
interstate
34
placement
of
a
child
in
the
permanency
planning
decisions
35
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involving
the
child
and
giving
consideration
to
in-state
and
1
out-of-state
placement
options
at
a
permanency
hearing
and
2
when
using
concurrent
planning.
If
returning
the
child
to
the
3
family’s
home
is
not
appropriate
or
not
possible,
reasonable
4
efforts
shall
include
the
efforts
made
in
a
timely
manner
to
5
finalize
a
permanency
plan
for
the
child.
A
child’s
health
6
and
safety
shall
be
the
paramount
concern
in
making
reasonable
7
efforts.
Reasonable
efforts
may
include
but
are
not
limited
8
to
family-centered
services,
if
the
child’s
safety
in
the
home
9
can
be
maintained
during
the
time
the
services
are
provided.
10
In
determining
whether
reasonable
efforts
have
been
made,
the
11
court
shall
consider
all
of
the
following:
12
(1)
The
type,
duration,
and
intensity
of
services
or
support
13
offered
or
provided
to
the
child
and
the
child’s
family.
If
14
family-centered
services
were
not
provided,
the
court
record
15
shall
enumerate
the
reasons
the
services
were
not
provided,
16
including
but
not
limited
to
whether
the
services
were
not
17
available,
not
accepted
by
the
child’s
family,
judged
to
be
18
unable
to
protect
the
child
and
the
child’s
family
during
19
the
time
the
services
would
have
been
provided,
judged
to
be
20
unlikely
to
be
successful
in
resolving
the
problems
which
would
21
lead
to
removal
of
the
child,
or
other
services
were
found
to
22
be
more
appropriate.
23
(2)
The
relative
risk
to
the
child
of
remaining
in
the
24
child’s
home
versus
removal
of
the
child.
25
b.
“Family-centered
services”
means
services
and
other
26
support
intended
to
safely
maintain
a
child
with
the
child’s
27
family
or
with
an
adult
relative,
to
safely
and
in
a
timely
28
manner
return
a
child
to
the
home
of
the
child’s
parent
or
29
relative,
or
to
promote
achievement
of
concurrent
planning
30
goals
by
identifying
and
helping
the
child
secure
placement
for
31
adoption,
with
a
guardian,
or
with
other
alternative
permanent
32
family
connections.
Family-centered
services
include
services
33
adapted
to
the
individual
needs
of
a
family
in
regard
to
the
34
specific
services
and
other
support
provided
to
the
child’s
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family
and
the
intensity
and
duration
of
service
delivery
and
1
services
intended
to
preserve
a
child’s
connections
to
the
2
child’s
neighborhood,
community,
and
family
and
to
improve
the
3
overall
capacity
of
the
child’s
family
to
provide
for
the
needs
4
of
the
children
in
the
family.
5
2.
Family
interactions
shall
continue
regardless
of
a
6
parent’s
failure
to
comply
with
the
requirements
of
a
court
7
order
or
the
department,
provided
there
is
no
finding
by
8
a
court
or
the
department
that
such
interaction
would
be
9
detrimental
to
the
child.
10
3.
The
performance
of
reasonable
efforts
to
place
a
child
11
for
adoption
or
with
a
guardian
may
be
made
concurrently
with
12
making
reasonable
efforts
as
defined
in
this
section.
13
4.
If
the
court
determines
by
clear
and
convincing
evidence
14
that
aggravated
circumstances
exist
supported
by
written
15
findings
of
fact
based
upon
evidence
in
the
record,
the
court
16
may
waive
the
requirement
for
making
reasonable
efforts.
The
17
existence
of
aggravated
circumstances
is
indicated
by
any
of
18
the
following:
19
a.
The
parent
has
abandoned
the
child.
20
b.
The
court
finds
the
circumstances
described
in
section
21
232.116,
subsection
1,
paragraph
“i”
,
are
applicable
to
the
22
child.
23
c.
The
parent’s
parental
rights
have
been
terminated
under
24
section
232.116
or
involuntarily
terminated
by
an
order
of
a
25
court
of
competent
jurisdiction
in
another
state
with
respect
26
to
another
child
who
is
a
member
of
the
same
family,
and
there
27
is
clear
and
convincing
evidence
to
show
that
the
offer
or
28
receipt
of
services
would
not
be
likely
within
a
reasonable
29
period
of
time
to
correct
the
conditions
which
led
to
the
30
child’s
removal.
31
d.
The
parent
has
been
convicted
of
the
murder
of
another
32
child.
33
e.
The
parent
has
been
convicted
of
the
voluntary
34
manslaughter
of
another
child.
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f.
The
parent
has
been
convicted
of
aiding
or
abetting,
1
attempting,
conspiring
in,
or
soliciting
the
commission
of
the
2
murder
or
voluntary
manslaughter
of
another
child.
3
g.
The
parent
has
been
convicted
of
a
felony
assault
which
4
resulted
in
serious
bodily
injury
to
the
child
or
another
5
child.
6
5.
Prior
services
the
state
provided
to
the
family
shall
not
7
be
considered
in
making
a
determination
as
to
whether
a
waiver
8
of
reasonable
efforts
is
appropriate.
9
Sec.
49.
Section
232.103,
subsection
2,
paragraph
b,
Code
10
2022,
is
amended
to
read
as
follows:
11
b.
The
child’s
parent,
guardian
or
custodian,
except
that
12
such
motion
may
be
filed
by
that
person
not
more
often
than
13
once
every
six
months
sixty
days
except
with
leave
of
court
for
14
good
cause
shown.
15
Sec.
50.
Section
232.103A,
Code
2022,
is
amended
by
adding
16
the
following
new
subsection:
17
NEW
SUBSECTION
.
8.
A
court-appointed
attorney
shall
be
paid
18
by
the
state
public
defender’s
office
at
the
court’s
discretion
19
for
work
done
relating
to
a
bridge
order.
20
Sec.
51.
Section
232.104,
subsection
2,
paragraph
d,
21
subparagraphs
(1)
and
(2),
Code
2022,
are
amended
by
striking
22
the
subparagraphs
and
inserting
in
lieu
thereof
the
following:
23
(1)
Transfer
sole
custody
of
the
child
from
one
parent
to
24
another
parent.
25
(2)
Transfer
guardianship
and
custody
of
the
child
to
an
26
adult
relative,
a
fictive
kin,
or
another
suitable
person.
27
Sec.
52.
Section
232.104,
Code
2022,
is
amended
by
adding
28
the
following
new
subsection:
29
NEW
SUBSECTION
.
4A.
A
court
shall
apply
all
requirements
of
30
section
232.102,
subsection
1,
paragraph
“a”
,
when
entering
a
31
permanency
order
pursuant
to
subsection
2,
paragraph
“d”
.
32
Sec.
53.
Section
232.108,
subsections
1,
2,
and
3,
Code
33
2022,
are
amended
to
read
as
follows:
34
1.
If
the
court
orders
the
transfer
of
custody
of
a
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child
and
siblings
to
the
department
or
other
agency
for
1
placement
under
this
subchapter
,
under
subchapter
II
,
relating
2
to
juvenile
delinquency
proceedings,
or
under
any
other
3
provision
of
this
chapter
,
the
department
or
other
agency
4
shall
make
a
reasonable
effort
efforts
to
place
the
child
and
5
siblings
together
in
the
same
placement
whenever
possible
if
6
such
placement
is
in
the
best
interest
of
each
child
.
The
7
requirement
of
this
subsection
remains
applicable
to
custody
8
transfer
orders
made
at
separate
times
and
provided
the
9
requirement
will
not
jeopardize
the
stability
of
placements
10
and
is
in
the
best
interest
of
each
child.
The
requirement
of
11
this
subsection
also
applies
in
addition
to
efforts
made
by
12
the
department
or
agency
to
place
the
child
with
a
an
adult
13
relative.
14
2.
If
the
requirements
of
subsection
1
apply
but
the
15
siblings
are
not
placed
in
the
same
placement
together,
the
16
department
or
other
agency
child’s
attorney
or
guardian
ad
17
litem
shall
provide
the
siblings
with
the
reasons
why
and
the
18
efforts
being
made
to
facilitate
such
placement,
or
why
making
19
efforts
for
such
placement
is
not
appropriate.
An
explanation
20
is
not
required
if
the
ages
or
mental
states
of
the
siblings
21
make
such
an
explanation
inappropriate.
Unless
visitation
or
22
ongoing
interaction
with
siblings
is
suspended
or
terminated
23
by
the
court,
the
department
or
agency
shall
make
reasonable
24
effort
to
provide
for
frequent
visitation
or
other
ongoing
25
interaction
between
the
child
and
the
child’s
siblings
from
26
the
time
of
the
child’s
out-of-home
placement
until
the
child
27
returns
home
or
is
in
a
permanent
placement.
28
3.
A
person
who
wishes
to
assert
a
sibling
relationship
29
with
a
child
who
is
subject
to
an
order
under
this
chapter
for
30
an
out-of-home
placement
and
to
request
frequent
visitation
31
or
other
ongoing
interaction
with
the
child
may
file
a
motion
32
or
petition
with
the
court
with
jurisdiction
over
the
child.
33
Unless
the
court
determines
it
would
not
be
in
the
child’s
best
34
interest,
upon
finding
that
the
person
is
a
sibling
of
the
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child,
the
provisions
of
this
section
providing
for
frequent
1
visitation
or
other
ongoing
interaction
between
the
siblings
2
shall
apply.
Nothing
in
this
section
is
intended
to
provide
or
3
expand
a
right
to
counsel
under
this
chapter
beyond
the
right
4
provided
and
persons
specified
in
sections
232.89
and
232.113
.
5
DIVISION
VII
6
TERMINATION
OF
PARENT-CHILD
RELATIONSHIP
PROCEEDINGS
7
Sec.
54.
Section
232.111,
subsection
2,
paragraph
a,
8
subparagraphs
(2),
(4),
(5),
and
(6),
Code
2022,
are
amended
9
to
read
as
follows:
10
(2)
A
court
has
determined
aggravated
circumstances
exist
11
and
has
waived
the
requirement
for
making
reasonable
efforts
12
under
,
as
defined
in
section
232.102
232.102A
because
the
court
13
has
found
the
circumstances
described
in
section
232.116,
14
subsection
1
,
paragraph
“i”
,
are
applicable
to
the
child.
15
(4)
The
parent
has
been
convicted
of
the
murder
or
the
16
voluntary
manslaughter
of
another
child
of
the
parent
.
17
(5)
The
parent
has
been
convicted
of
aiding
or
abetting,
18
attempting,
conspiring
in,
or
soliciting
the
commission
of
19
the
murder
or
voluntary
manslaughter
of
another
child
of
the
20
parent
.
21
(6)
The
parent
has
been
convicted
of
a
felony
assault
which
22
resulted
in
serious
bodily
injury
of
the
child
or
of
another
23
child
of
the
parent
.
24
Sec.
55.
Section
232.112,
subsection
3,
Code
2022,
is
25
amended
to
read
as
follows:
26
3.
Notice
under
this
section
shall
be
served
personally,
27
sent
by
restricted
certified
mail,
or
sent
by
electronic
mail
28
or
other
electronic
means
with
the
consent
of
the
party
to
be
29
served,
whichever
is
determined
by
the
court
to
be
the
most
30
effective
means
of
notification.
If
the
court
determines
31
that
personal
service
is
impracticable,
the
court
may
order
32
service
by
publication.
Such
notice
shall
be
made
according
33
to
the
rules
of
civil
procedure
relating
to
an
original
notice
34
where
not
inconsistent
with
the
provisions
of
this
section
.
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Notice
by
personal
delivery
and
notice
sent
by
electronic
1
mail
or
other
electronic
means
with
the
consent
of
the
party
2
to
be
served
shall
be
served
not
less
than
seven
days
prior
3
to
the
hearing
on
termination
of
parental
rights.
Notice
by
4
restricted
certified
mail
shall
be
sent
not
less
than
fourteen
5
days
prior
to
the
hearing
on
termination
of
parental
rights.
6
A
notice
by
restricted
certified
mail
which
is
refused
by
the
7
necessary
party
given
notice
shall
be
sufficient
notice
to
the
8
party
under
this
section
.
9
Sec.
56.
Section
232.116,
subsection
1,
paragraph
d,
10
subparagraph
(1),
Code
2022,
is
amended
to
read
as
follows:
11
(1)
The
court
has
previously
adjudicated
the
child
to
be
12
a
child
in
need
of
assistance
after
finding
the
child
to
have
13
been
physically
or
sexually
abused
or
neglected
as
the
result
14
of
the
acts
or
omissions
of
one
or
both
parents,
or
the
court
15
has
previously
adjudicated
a
child
who
is
a
member
of
the
16
same
family
to
be
a
child
in
need
of
assistance
after
such
a
17
finding.
This
paragraph
shall
not
be
construed
to
require
that
18
a
finding
of
sexual
abuse
or
neglect
requires
a
finding
of
a
19
nonaccidental
physical
injury.
20
Sec.
57.
Section
232.116,
subsection
1,
paragraph
i,
21
subparagraph
(1),
Code
2022,
is
amended
to
read
as
follows:
22
(1)
The
child
meets
the
definition
of
child
in
need
of
23
assistance
based
on
a
finding
of
physical
or
sexual
abuse
or
24
neglect
as
a
result
of
the
acts
or
omissions
of
one
or
both
25
parents.
This
paragraph
shall
not
be
construed
to
require
that
26
a
finding
of
sexual
abuse
or
neglect
requires
a
finding
of
a
27
nonaccidental
physical
injury.
28
Sec.
58.
Section
232.116,
subsection
1,
paragraph
l,
29
subparagraphs
(1)
and
(2),
Code
2022,
are
amended
by
striking
30
the
subparagraphs
and
inserting
in
lieu
thereof
the
following:
31
(1)
The
child
is
adjudicated
a
child
in
need
of
assistance
32
pursuant
to
section
232.96
and
custody
has
been
transferred
33
from
the
child’s
parents
for
placement
pursuant
to
section
34
232.102.
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(2)
The
parent
has
a
severe
substance-related
disorder
as
1
described
by
either
of
the
following:
2
(a)
The
severe
substance-related
disorder
meets
the
3
definition
for
that
term
as
defined
in
the
most
current
edition
4
of
the
diagnostic
and
statistical
manual
prepared
by
the
5
American
psychiatric
association,
and
the
parent
presents
a
6
danger
to
self
or
others
as
evidenced
by
prior
acts.
7
(b)
The
disorder
is
evidenced
by
continued
and
repeated
use
8
through
the
case,
the
parent’s
refusal
to
obtain
a
substance
9
abuse
evaluation
or
treatment
after
given
the
opportunity
to
10
do
so,
and
the
parent
presents
a
danger
to
self
or
others
as
11
evidenced
by
prior
acts.
12
Sec.
59.
Section
232.117,
subsection
3,
Code
2022,
is
13
amended
by
striking
the
subsection
and
inserting
in
lieu
14
thereof
the
following:
15
3.
If
the
court
concludes
that
facts
sufficient
to
sustain
16
the
petition
have
been
established
by
clear
and
convincing
17
evidence,
the
court
may
order
parental
rights
terminated.
If
18
the
court
terminates
the
parental
rights
of
a
child’s
parent,
19
the
court
shall
transfer
the
guardianship
and
custody
of
the
20
child
to
a
parent
of
the
child
whose
parental
rights
have
not
21
been
terminated.
If
the
court
finds
guardianship
and
custody
22
with
the
child’s
parents
is
not
in
the
child’s
best
interests,
23
guardianship
and
custody
shall
be
transferred
for
placement
of
24
the
child
in
any
of
the
following
categories
in
the
following
25
order
of
priority:
26
a.
The
department
if
the
department
had
custody
of
the
child
27
at
the
time
of
the
filing
of
the
petition
for
termination
of
28
parental
rights,
or
if
custody
with
the
department
is
necessary
29
to
facilitate
the
permanency
or
adoption
goal,
unless
the
30
department
waives
its
priority.
31
b.
An
adult
relative
of
the
child,
including
but
not
limited
32
to
adult
siblings
or
parents
of
siblings.
33
c.
A
fictive
kin.
34
d.
A
child-placing
agency
or
other
suitable
private
agency,
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facility,
or
institution
which
is
licensed
or
otherwise
1
authorized
by
law
to
receive
and
to
provide
care
for
the
child.
2
Sec.
60.
Section
232.117,
subsection
4,
Code
2022,
is
3
amended
by
striking
the
subsection
and
inserting
in
lieu
4
thereof
the
following:
5
4.
If
the
court
orders
a
termination
of
parental
rights
6
and
siblings
are
not
placed
together
but
have
an
existing
7
relationship,
the
court
shall
order
ongoing
contact
between
8
the
siblings
in
accordance
with
section
232.108
if
the
court
9
finds
that
either
visitation
or
ongoing
interaction
is
in
the
10
best
interests
of
each
sibling.
This
subsection
shall
not
be
11
construed
to
require
visitation
between
a
child
and
a
parent
12
whose
parental
rights
have
been
terminated
as
to
that
child,
13
even
if
a
sibling
remains
with
the
parent.
14
Sec.
61.
Section
232.118,
subsection
1,
Code
2022,
is
15
amended
by
adding
the
following
new
paragraphs:
16
NEW
PARAGRAPH
.
a.
The
moving
party
or
a
party
opposed
to
17
the
actions
of
the
guardian
has
the
burden
to
establish
that
18
the
court-appointed
guardian
failed
to
act
in
the
child’s
best
19
interest
by
unreasonably
or
irresponsibly
failing
to
discharge
20
the
guardian’s
duties
in
finding
a
suitable
adoptive
home
for
21
the
child.
22
NEW
PARAGRAPH
.
b.
The
court
shall
give
deference
to
the
23
decision
of
the
guardian
and
shall
not
conduct
a
de
novo
review
24
of
the
guardian’s
decision
regarding
placement
of
the
child.
25
DIVISION
VIII
26
FAMILY
IN
NEED
OF
ASSISTANCE
PROCEEDINGS
27
Sec.
62.
Section
232.126,
subsection
2,
Code
2022,
is
28
amended
to
read
as
follows:
29
2.
The
court
may
appoint
a
court
appointed
special
30
advocate
to
act
as
guardian
ad
litem
.
The
court
appointed
31
special
advocate
shall
receive
notice
of
and
may
attend
all
32
depositions,
hearings,
and
trial
proceedings
to
support
the
33
child
and
advocate
for
the
protection
of
the
child.
The
court
34
appointed
special
advocate
shall
not
be
allowed
to
separately
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introduce
evidence
or
to
directly
examine
or
cross-examine
1
witnesses.
The
court
appointed
special
advocate
shall
submit
2
reports
to
the
court
and
the
parties
to
the
proceedings
3
containing
the
information
required
in
reports
submitted
by
4
a
court
appointed
special
advocate
under
section
232.89,
5
subsection
5
237.24,
subsection
4
.
In
addition,
the
court
6
appointed
special
advocate
shall
file
other
reports
to
the
7
court
as
required
by
the
court.
8
Sec.
63.
Section
232.127,
subsection
8,
Code
2022,
is
9
amended
to
read
as
follows:
10
8.
The
court
shall
not
order
group
foster
care
placement
of
11
the
child
which
is
a
charge
upon
the
state
if
that
placement
12
is
not
in
accordance
with
the
service
area
plan
for
group
13
foster
care
established
pursuant
to
section
232.143
for
the
14
departmental
service
area
in
which
the
court
is
located
unless
15
the
group
foster
care
meets
requirements
as
established
by
the
16
department
in
writing
.
17
Sec.
64.
NEW
SECTION
.
237.24
Court
appointed
special
18
advocates.
19
1.
A
court
appointed
special
advocate
shall
receive
notice
20
of
all
depositions,
hearings,
and
trial
proceedings
in
a
matter
21
to
which
the
court
appointed
special
advocate
is
appointed.
22
2.
A
court
appointed
special
advocate
shall
not
introduce
23
evidence
unless
requested
by
a
court,
juvenile
court,
or
a
24
party
in
a
matter
to
which
the
court
appointed
special
advocate
25
is
appointed.
26
3.
A
court
appointed
special
advocate
shall
not
examine
or
27
cross-examine
witnesses.
28
4.
A
court
appointed
special
advocate
shall:
29
a.
Support
a
child
at
each
deposition,
hearing,
and
trial
30
proceeding
and
advocate
for
the
best
interests
of
the
child.
31
b.
Submit
a
written
report
to
the
court
or
juvenile
court
32
and
to
each
party
to
a
proceeding
detailing
the
court
appointed
33
special
advocate’s
initial
investigation,
recommending
34
placement
for
the
child,
and
providing
other
recommendations
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as
the
court
appointed
special
advocate
believes
are
in
the
1
child’s
best
interests.
2
c.
Submit
periodic
reports
to
the
court
or
juvenile
court
3
with
jurisdiction
over
a
child
and
parties
to
the
child’s
4
proceedings
detailing
the
child’s
situation
as
long
as
the
5
child
remains
under
the
jurisdiction
of
the
court
or
juvenile
6
court.
7
d.
File
other
reports
as
ordered
by
a
court
or
juvenile
8
court.
9
DIVISION
IX
10
JUVENILE
COURT
EXPENSES
AND
COSTS
——
SHELTER
AND
DETENTION
11
HOMES
12
Sec.
65.
Section
232.141,
subsection
8,
Code
2022,
is
13
amended
to
read
as
follows:
14
8.
This
subsection
applies
only
to
placements
in
a
juvenile
15
shelter
care
home
which
is
publicly
owned,
operated
as
a
county
16
or
multicounty
shelter
care
home,
organized
under
a
chapter
28E
17
agreement,
or
operated
by
a
private
juvenile
shelter
care
home.
18
If
the
actual
and
allowable
costs
of
a
child’s
shelter
care
19
placement
exceed
the
amount
the
department
is
authorized
to
20
pay
in
accordance
with
law
and
administrative
rule
,
the
unpaid
21
costs
may
be
recovered
from
the
child’s
custodial
parent’s
22
county
of
residence.
However,
the
maximum
amount
of
the
23
unpaid
costs
which
may
be
recovered
under
this
subsection
is
24
limited
to
the
difference
between
the
amount
the
department
is
25
authorized
to
pay
and
the
statewide
average
of
the
actual
and
26
allowable
rates
in
effect
in
May
of
the
preceding
fiscal
year
27
for
reimbursement
of
juvenile
shelter
care
homes
as
reasonably
28
determined
by
the
department
annually
.
In
no
case
shall
the
29
A
home
may
only
be
reimbursed
for
more
than
the
lesser
of
the
30
home’s
actual
and
allowable
costs
or
the
statewide
average
of
31
the
actual
and
allowable
rates
as
determined
by
the
department
32
in
effect
on
the
date
the
costs
were
paid
.
The
unpaid
costs
33
are
payable
pursuant
to
filing
of
verified
claims
against
the
34
child’s
custodial
parent’s
county
of
residence.
A
detailed
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statement
of
the
facts
upon
which
a
claim
is
based
shall
1
accompany
the
claim.
Any
dispute
between
counties
arising
from
2
filings
of
claims
pursuant
to
this
subsection
shall
be
settled
3
in
the
manner
provided
to
determine
residency
in
section
4
331.394
.
5
Sec.
66.
Section
232.142,
subsections
3,
4,
5,
and
6,
Code
6
2022,
are
amended
to
read
as
follows:
7
3.
A
county
or
multicounty
juvenile
detention
home
approved
8
pursuant
to
this
section
shall
receive
financial
aid
from
the
9
state
in
a
manner
approved
by
the
director
,
the
director
of
the
10
department
of
human
rights,
or
a
designee
of
the
director
of
11
the
department
of
human
rights
.
Aid
paid
by
the
state
shall
12
be
at
least
ten
percent
and
not
more
than
fifty
percent
of
the
13
total
cost
of
the
establishment,
improvements,
operation,
and
14
maintenance
of
the
home.
This
subsection
is
repealed
July
1,
15
2023.
16
4.
The
director
,
the
director
of
the
department
of
human
17
rights,
or
a
designee
of
the
director
of
the
department
of
18
human
rights
shall
adopt
minimal
rules
and
standards
for
the
19
establishment,
maintenance,
and
operation
of
such
homes
as
20
shall
be
necessary
to
effect
the
purposes
of
this
chapter
.
The
21
rules
shall
apply
the
requirements
of
section
237.8
,
concerning
22
employment
and
evaluation
of
persons
with
direct
responsibility
23
for
a
child
or
with
access
to
a
child
when
the
child
is
24
alone
and
persons
residing
in
a
child
foster
care
facility,
25
to
persons
employed
by,
residing
in,
or
volunteering
for
a
26
home
approved
under
this
section
.
The
director
shall,
upon
27
request,
give
guidance
and
consultation
in
the
establishment
28
and
administration
of
the
homes
and
programs
for
the
homes.
29
This
subsection
is
repealed
July
1,
2023.
30
5.
The
director
,
the
director
of
the
department
of
human
31
rights,
or
a
designee
of
the
director
of
the
department
of
32
human
rights
shall
approve
annually
all
such
homes
established
33
and
maintained
under
the
provisions
of
this
chapter
.
A
home
34
shall
not
be
approved
unless
it
complies
with
minimal
rules
and
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standards
adopted
by
the
director
and
has
been
inspected
by
the
1
department
of
inspections
and
appeals.
The
statewide
number
2
of
beds
in
the
homes
approved
by
the
director
shall
not
exceed
3
two
hundred
seventy-two
beds
beginning
July
1,
2017.
This
4
subsection
is
repealed
July
1,
2023.
5
6.
A
juvenile
detention
home
fund
is
created
in
the
6
state
treasury
under
the
authority
of
the
department
and
the
7
department
of
human
rights
as
the
department
and
the
department
8
of
human
rights
agree
.
The
fund
shall
consist
of
moneys
9
deposited
in
the
fund
pursuant
to
section
602.8108
.
The
moneys
10
in
the
fund
shall
be
used
for
the
costs
of
the
establishment,
11
improvement,
operation,
and
maintenance
of
county
or
12
multicounty
juvenile
detention
homes
in
accordance
with
annual
13
appropriations
made
by
the
general
assembly
from
the
fund
for
14
these
purposes.
This
subsection
is
repealed
July
1,
2023.
15
Sec.
67.
Section
232.142,
Code
2022,
is
amended
by
adding
16
the
following
new
subsections:
17
NEW
SUBSECTION
.
7.
A
county
or
multicounty
juvenile
18
detention
home
approved
pursuant
to
this
section
shall
receive
19
financial
aid
from
the
state
in
a
manner
approved
by
the
20
director
of
the
department
of
human
rights
or
a
designee
of
the
21
director
of
the
department
of
human
rights.
Aid
paid
by
the
22
state
shall
be
at
least
ten
percent
and
not
more
than
fifty
23
percent
of
the
total
cost
of
the
establishment,
improvements,
24
operation,
and
maintenance
of
the
home.
25
NEW
SUBSECTION
.
8.
The
director
of
the
department
of
26
human
rights
or
a
designee
of
the
director
of
the
department
27
of
human
rights
shall
adopt
minimal
rules
and
standards
for
28
the
establishment,
maintenance,
and
operation
of
such
homes
as
29
shall
be
necessary
to
effect
the
purposes
of
this
chapter.
The
30
rules
shall
apply
the
requirements
of
section
237.8,
concerning
31
employment
and
evaluation
of
persons
with
direct
responsibility
32
for
a
child
or
with
access
to
a
child
when
the
child
is
33
alone
and
persons
residing
in
a
child
foster
care
facility,
34
to
persons
employed
by,
residing
in,
or
volunteering
for
a
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home
approved
under
this
section.
The
director
shall,
upon
1
request,
give
guidance
and
consultation
in
the
establishment
2
and
administration
of
the
homes
and
programs
for
the
homes.
3
NEW
SUBSECTION
.
9.
The
director
of
the
department
of
human
4
rights
or
a
designee
of
the
director
of
the
department
of
human
5
rights
shall
approve
annually
all
such
homes
established
and
6
maintained
under
the
provisions
of
this
chapter.
A
home
shall
7
not
be
approved
unless
it
complies
with
minimal
rules
and
8
standards
adopted
by
the
director
and
has
been
inspected
by
the
9
department
of
inspections
and
appeals.
The
statewide
number
10
of
beds
in
the
homes
approved
by
the
director
shall
not
exceed
11
two
hundred
seventy-two
beds.
12
NEW
SUBSECTION
.
10.
The
juvenile
detention
home
fund
in
the
13
state
treasury
shall
be
under
the
authority
of
the
department
14
of
human
rights.
The
fund
shall
consist
of
moneys
deposited
in
15
the
fund
pursuant
to
section
602.8108.
The
moneys
in
the
fund
16
shall
be
used
for
the
costs
of
the
establishment,
improvement,
17
operation,
and
maintenance
of
county
or
multicounty
juvenile
18
detention
homes
in
accordance
with
annual
appropriations
made
19
by
the
general
assembly
from
the
fund
for
these
purposes.
20
DIVISION
X
21
JUVENILE
JUSTICE
REFORM
——
DECATEGORIZATION
OF
CHILD
WELFARE
22
AND
JUVENILE
JUSTICE
FUNDING
INITIATIVE
——
EARLY
INTERVENTION
23
PROGRAMS
24
Sec.
68.
Section
232.188,
subsection
5,
paragraph
b,
25
unnumbered
paragraph
1,
Code
2022,
is
amended
to
read
as
26
follows:
27
Notwithstanding
section
8.33
,
moneys
designated
for
a
28
project’s
decategorization
services
funding
pool
that
remain
29
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
30
shall
not
revert
but
shall
remain
available
for
expenditure
as
31
directed
by
the
project’s
governance
board
for
child
welfare
32
and
juvenile
justice
systems
enhancements
and
other
purposes
33
of
the
project
for
the
next
two
three
succeeding
fiscal
years.
34
Such
moneys
shall
be
known
as
“carryover
funding”
.
Moneys
may
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be
made
available
to
a
funding
pool
from
one
or
more
of
the
1
following
sources:
2
Sec.
69.
NEW
SECTION
.
232.192
Early
intervention
and
3
follow-up
programs.
4
Contingent
on
a
specific
appropriation
for
these
purposes,
5
juvenile
court
services
shall
do
the
following:
6
1.
Develop
or
expand
programs
providing
specific
life
7
skills
and
interpersonal
skills
training
for
adjudicated
8
delinquent
youth
who
pose
a
low
or
moderate
risk
to
the
9
community.
10
2.
Develop
or
expand
a
school-based
program
addressing
11
truancy
and
school
behavioral
problems
for
youth
ages
twelve
12
through
seventeen.
13
3.
Develop
or
expand
an
intensive
tracking
and
supervision
14
program
for
adjudicated
delinquent
youth
at
risk
for
placement
15
who
have
been
released
from
resident
facilities,
which
shall
16
include
telephonic
or
electronic
tracking
and
monitoring
and
17
intervention
by
juvenile
authorities.
18
4.
Develop
or
expand
supervised
community
treatment
19
for
adjudicated
delinquent
youth
who
experience
significant
20
problems
and
who
constitute
a
moderate
community
risk.
21
DIVISION
XI
22
CONFORMING
CODE
CHANGES
23
Sec.
70.
Section
232.52,
subsection
3,
paragraph
c,
Code
24
2022,
is
amended
to
read
as
follows:
25
c.
Notwithstanding
subsection
2
,
the
court
shall
not
order
26
group
foster
care
placement
of
the
child
which
is
a
charge
27
upon
the
state
if
that
placement
is
not
in
accordance
with
the
28
service
area
plan
for
group
foster
care
established
pursuant
to
29
section
232.143
for
the
departmental
service
area
in
which
the
30
court
is
located
unless
the
group
foster
care
placement
meets
31
requirements
as
established
by
the
department
in
writing
.
32
Sec.
71.
Section
232.70,
subsection
4,
Code
2022,
is
amended
33
by
striking
the
subsection.
34
Sec.
72.
Section
232.71B,
subsection
16,
Code
2022,
is
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amended
to
read
as
follows:
1
16.
Conclusion
of
family
assessment.
At
the
conclusion
2
of
a
family
assessment,
the
department
shall
transfer
the
3
case,
if
appropriate,
to
a
contracted
provider
to
review
the
4
service
plan
for
the
child
and
family.
The
contracted
provider
5
shall
make
a
referral
to
the
department
abuse
hotline
if
a
6
family’s
noncompliance
with
a
service
plan
places
a
child
at
7
risk.
If
any
of
the
criteria
for
child
abuse
as
defined
in
8
section
232.68,
subsection
2
,
paragraph
“a”
,
are
met,
the
9
department
shall
commence
a
child
abuse
assessment.
If
any
of
10
the
criteria
for
a
child
in
need
of
assistance
,
as
defined
in
11
pursuant
to
section
232.2,
subsection
6
232.96A
,
are
met,
the
12
department
shall
determine
whether
to
request
a
child
in
need
13
of
assistance
petition.
14
Sec.
73.
Section
232.83,
subsection
2,
unnumbered
paragraph
15
1,
Code
2022,
is
amended
to
read
as
follows:
16
Anyone
authorized
to
conduct
a
preliminary
investigation
17
in
response
to
a
complaint
may
apply
for,
or
the
court
on
its
18
own
motion
may
enter
an
ex
parte
order
authorizing
a
physician
19
or
hospital
to
conduct
an
outpatient
physical
examination
or
20
authorizing
a
physician,
a
psychologist
certified
under
section
21
154B.7
,
or
a
community
mental
health
center
accredited
pursuant
22
to
chapter
230A
to
conduct
an
outpatient
mental
examination
of
23
a
child
if
necessary
to
identify
the
nature,
extent,
and
causes
24
of
any
injuries,
emotional
damage,
or
other
such
needs
of
a
25
child
as
specified
in
section
232.2,
subsection
6
,
paragraph
26
“c”
,
“e”
,
or
“f”
232.96A,
subsection
3,
5,
or
6
,
provided
that
27
all
of
the
following
apply:
28
Sec.
74.
Section
232.89,
subsection
5,
Code
2022,
is
amended
29
by
striking
the
subsection.
30
Sec.
75.
Section
232.98,
subsection
1,
paragraph
b,
31
subparagraph
(1),
Code
2022,
is
amended
to
read
as
follows:
32
(1)
Probable
cause
exists
to
believe
that
the
child
is
33
a
child
in
need
of
assistance
pursuant
to
section
232.2,
34
subsection
6,
paragraph
“e”
or
“f”
232.96A,
subsection
5
or
6
.
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Sec.
76.
Section
232.102,
subsection
9,
unnumbered
1
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
2
An
agency,
facility,
institution,
or
person
to
whom
custody
3
of
the
child
has
been
transferred
pursuant
to
this
section
4
shall
file
a
written
report
with
the
court
at
least
every
six
5
months
concerning
the
status
and
progress
of
the
child.
The
6
court
shall
hold
a
periodic
dispositional
review
hearing
for
7
each
child
in
placement
pursuant
to
this
section
in
order
8
to
determine
whether
the
child
should
be
returned
home,
9
an
extension
of
the
placement
should
be
made,
a
permanency
10
hearing
should
be
held,
or
a
termination
of
the
parent-child
11
relationship
proceeding
should
be
instituted.
The
placement
12
shall
be
terminated
and
the
child
returned
to
the
child’s
home
13
if
the
court
finds
by
a
preponderance
of
the
evidence
that
the
14
child
will
not
suffer
harm
in
the
manner
specified
in
section
15
232.2,
subsection
6
232.96A
.
If
the
placement
is
extended,
16
the
court
shall
determine
whether
additional
services
are
17
necessary
to
facilitate
the
return
of
the
child
to
the
child’s
18
home,
and
if
the
court
determines
such
services
are
needed,
the
19
court
shall
order
the
provision
of
such
services.
When
the
20
child
is
not
returned
to
the
child’s
home
and
if
the
child
has
21
been
previously
placed
in
a
licensed
foster
care
facility,
the
22
department
or
agency
responsible
for
the
placement
of
the
child
23
shall
consider
placing
the
child
in
the
same
licensed
foster
24
care
facility.
25
Sec.
77.
Section
232.117,
subsection
5,
Code
2022,
is
26
amended
to
read
as
follows:
27
5.
If
after
a
hearing
the
court
does
not
order
the
28
termination
of
parental
rights
but
finds
that
there
is
clear
29
and
convincing
evidence
that
the
child
is
a
child
in
need
30
of
assistance,
under
pursuant
to
section
232.2,
subsection
31
6
232.96A
,
due
to
the
acts
or
omissions
of
one
or
both
of
32
the
child’s
parents
the
court
may
adjudicate
the
child
to
33
be
a
child
in
need
of
assistance
and
may
enter
an
order
in
34
accordance
with
the
provisions
of
section
232.100
,
232.101
,
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232.102
,
or
232.104
.
1
Sec.
78.
Section
234.6,
subsection
1,
paragraph
e,
2
subparagraph
(3),
Code
2022,
is
amended
to
read
as
follows:
3
(3)
Family-centered
services,
as
defined
in
section
4
232.102,
subsection
10,
paragraph
“b”
232.102,
subsection
2
.
5
Sec.
79.
Section
234.35,
subsection
1,
paragraph
e,
Code
6
2022,
is
amended
to
read
as
follows:
7
e.
When
a
court
has
entered
an
order
transferring
the
legal
8
custody
of
the
child
to
a
foster
care
placement
pursuant
to
9
section
232.46
,
section
232.52,
subsection
2
,
paragraph
“d”
,
10
or
section
232.102,
subsection
1
.
However,
payment
shall
not
11
be
made
for
a
group
foster
care
placement
shall
be
limited
to
12
those
placements
which
conform
to
a
service
area
group
foster
13
care
plan
established
pursuant
to
section
232.143
unless
the
14
group
foster
care
meets
requirements
as
established
by
the
15
department
in
writing
.
16
Sec.
80.
Section
234.35,
subsection
1,
paragraph
i,
Code
17
2022,
is
amended
by
striking
the
paragraph.
18
Sec.
81.
Section
234.35,
subsection
3,
paragraph
a,
Code
19
2022,
is
amended
to
read
as
follows:
20
a.
For
a
child
who
is
eighteen
years
of
age
or
older
,
family
21
foster
care
or
independent
living
arrangements.
22
Sec.
82.
Section
234.35,
subsection
3,
paragraph
b,
Code
23
2022,
is
amended
by
striking
the
paragraph.
24
Sec.
83.
Section
234.35,
subsection
4,
Code
2022,
is
amended
25
by
striking
the
subsection.
26
Sec.
84.
Section
237.21,
subsection
5,
Code
2022,
is
amended
27
to
read
as
follows:
28
5.
Members
of
the
state
board
and
local
boards,
court
29
appointed
special
advocates,
and
the
employees
of
the
30
department
and
the
department
of
inspections
and
appeals
are
31
subject
to
standards
of
confidentiality
pursuant
to
sections
32
217.30
,
228.6,
subsection
1
,
sections
235A.15
,
600.16
,
33
and
600.16A
.
Members
of
the
state
and
local
boards,
court
34
appointed
special
advocates,
and
employees
of
the
department
35
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and
the
department
of
inspections
and
appeals
who
disclose
1
information
or
records
of
the
board
or
department,
other
than
2
as
provided
in
subsections
2,
3,
and
4
,
sections
232.89
and
3
section
232.126
,
and
section
237.20,
subsection
2
,
are
guilty
4
of
a
simple
misdemeanor.
5
Sec.
85.
Section
709A.5,
Code
2022,
is
amended
to
read
as
6
follows:
7
709A.5
Interpretative
clause.
8
For
the
purposes
of
this
chapter
the
word
“dependency”
9
shall
mean
all
the
conditions
as
enumerated
in
section
232.2,
10
subsection
6
232.96A
.
11
DIVISION
XII
12
REPEALS
13
Sec.
86.
REPEAL.
Sections
232.143,
232.175,
232.176,
14
232.177,
232.178,
232.179,
232.180,
232.181,
232.182,
232.183,
15
232.184,
232.185,
232.186,
232.195,
and
232.196,
Code
2022,
are
16
repealed.
17
DIVISION
XIII
18
EFFECTIVE
DATES
19
Sec.
87.
EFFECTIVE
DATE.
The
following
take
effect
July
1,
20
2023:
21
1.
The
section
of
this
Act
enacting
section
232.142,
22
subsections
7,
8,
9,
and
10.
23
2.
The
section
of
this
Act
enacting
section
232.192.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
juvenile
justice.
28
DIVISION
I
——
JUVENILE
JUSTICE
——
CONSTRUCTION
AND
29
DEFINITIONS.
The
bill
revises
the
rules
of
construction
for
30
interpreting
Code
chapter
232
(juvenile
justice)
to
specify
31
that
when
a
child
is
removed
from
the
control
of
the
child’s
32
parents,
a
court
must
secure
the
least
restrictive
care
for
33
the
child’s
placement
with
a
preference
for
placement
with
the
34
child’s
family
or
fictive
kin.
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The
bill
includes
revised
definitions
and
new
definitions
1
for
purposes
of
Code
chapter
232.
The
bill
redefines
“child
2
in
need
of
assistance”
as
a
child
who
has
been
found
to
meet
3
the
grounds
for
adjudication
in
a
child
in
need
of
assistance
4
proceeding.
The
bill
transfers
portions
of
the
Code
concerning
5
when
a
child
qualifies
as
a
child
in
need
of
assistance
to
new
6
Code
section
232.96A.
7
The
bill
redefines
“court
appointed
special
advocate”
8
as
a
person
duly
certified
by
the
child
advocacy
board
for
9
participation
in
the
court
appointed
special
advocate
program
10
and
appointed
by
the
court
to
carry
out
the
duties
enumerated
11
in
new
Code
section
237.24
(court
appointed
special
advocates).
12
The
bill
defines
“fictive
kin”
as
an
adult
person
who
is
not
13
a
relative
of
a
child
but
who
has
an
emotionally
significant
14
relationship
with
the
child
or
the
child’s
family.
15
The
bill
defines
“foster
care”
as
the
provision
of
parental
16
nurturing,
including
but
not
limited
to
the
furnishing
of
food,
17
lodging,
training,
education,
supervision,
treatment,
or
other
18
care,
to
a
child
on
a
full-time
basis
by
a
person,
including
an
19
adult
relative
or
fictive
kin
of
the
child,
and
where
the
child
20
is
under
the
placement,
care,
or
supervision
of
the
department
21
of
human
services
(DHS),
juvenile
court
services,
or
a
tribe
22
with
whom
DHS
has
entered
into
an
agreement
pursuant
to
a
court
23
order
or
voluntary
placement,
but
not
including
a
guardian
of
24
the
child.
25
The
bill
redefines
“guardian”
as
a
person
who
is
not
the
26
parent
of
a
child,
but
who
has
been
appointed
by
a
court
27
having
jurisdiction
over
the
child,
to
have
a
permanent
28
self-sustaining
relationship
with
the
child
and
to
make
29
important
decisions
which
have
a
permanent
effect
on
the
life
30
and
development
of
that
child
and
to
promote
the
general
31
welfare
of
that
child.
A
guardian
may
be
a
court.
Guardian
32
does
not
mean
conservator,
although
a
person
who
is
appointed
33
to
be
a
guardian
may
also
be
appointed
to
be
a
conservator.
34
The
bill
redefines
“guardian
ad
litem”
(GAL)
as
a
person
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appointed
by
the
court
to
represent
the
interests
of
a
child
in
1
any
judicial
proceeding
to
which
the
child
is
a
party.
2
The
bill
requires
a
court
to
make
a
finding
of
good
cause
3
before
enlarging
or
circumscribing
the
duties
of
a
GAL
in
a
4
juvenile
justice
matter.
5
The
bill
requires
a
GAL
to
submit
a
written
report
to
the
6
juvenile
court
and
to
each
of
the
parties
detailing
how
the
7
GAL
complied
with
the
required
duties
of
a
GAL.
If
the
GAL
8
is
also
appointed
to
represent
the
child
as
an
attorney,
the
9
written
report
must
contain
an
assessment
of
this
dual
role
and
10
whether
there
is
a
need
for
the
court
to
appoint
a
separate
11
GAL.
Written
reports
must
be
submitted
for
each
court
hearing
12
unless
otherwise
ordered
by
the
court.
13
The
bill
requires
a
GAL
to
provide
a
sibling
of
a
child
14
who
was
not
placed
with
the
child
with
the
reasons
why
the
15
child
and
the
sibling
have
not
been
placed
together
and
an
16
explanation
of
the
efforts
being
made
to
facilitate
placement
17
together
or
why
efforts
to
place
the
child
and
sibling
together
18
are
not
appropriate.
This
requirement
shall
not
apply
if
the
19
sibling’s
age
or
mental
state
makes
it
inappropriate
to
give
20
such
explanations.
21
The
bill
creates
minimum
requirements
that
a
GAL
must
adhere
22
to
when
formulating
a
position
which
serves
the
best
interests
23
of
the
child.
24
The
bill
removes
“neglect”
from
the
definition
of
“child
25
abuse
and
neglect”,
and
creates
a
new
definition
of
“neglect”
26
as
the
failure
on
the
part
of
a
person
responsible
for
the
care
27
of
a
child
to
provide
for
the
adequate
food,
shelter,
clothing,
28
medical
or
mental
health
treatment,
supervision,
or
other
care
29
necessary
for
the
child’s
health
and
welfare
when
financially
30
able
to
do
so,
or
when
offered
financial
or
other
reasonable
31
means
to
do
so.
32
The
bill
defines
“putative
father”
as
a
person
who
has
33
been
identified
by
the
mother
of
a
child
as
the
child’s
34
potential
biological
father
or
a
person
who
claims
to
be
the
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biological
father
of
a
child
and
who
was
not
married
to
the
1
child’s
mother
at
the
time
of
the
child’s
birth
when
all
of
2
the
following
apply:
biological
testing
has
not
excluded
the
3
person
as
the
child’s
biological
father;
no
legal
father
has
4
been
established,
biological
testing
excludes
the
previously
5
identified
father,
or
previous
paternity
has
otherwise
been
6
disestablished;
information
sufficient
to
identify
and
find
7
the
person
has
been
provided
to
the
county
attorney
by
the
8
mother,
the
person,
or
a
party
to
any
proceedings
under
Code
9
chapter
232;
and
the
person
has
not
been
found
by
a
court
to
be
10
uncooperative
with
genetic
testing.
11
The
bill
redefines
“relative”
as
an
individual
related
12
to
the
child
within
the
fourth
degree
of
consanguinity
or
13
affinity,
by
marriage,
or
through
adoption.
For
the
purposes
14
of
child
in
need
of
assistance
matters
and
terminations
of
15
parental
rights,
“relative”
includes
the
parent
of
a
sibling
of
16
the
child
if
the
sibling’s
parent’s
parental
rights
were
not
17
previously
terminated
in
relation
to
the
child.
18
The
bill
redefines
“sibling”
as
an
individual
who
is
related
19
to
another
individual
by
blood,
adoption,
or
affinity
through
20
a
common
legal
or
biological
parent,
regardless
of
whether
a
21
common
legal
or
biological
parent’s
parental
rights
have
been
22
terminated.
23
The
bill
includes
matters
involving
minor
guardianships
as
24
a
matter
that
is
restricted
solely
to
the
jurisdiction
of
the
25
juvenile
court.
26
DIVISION
II
——
JUVENILE
DELINQUENCY
PROCEEDINGS
——
TAKING
27
A
CHILD
INTO
CUSTODY.
The
bill
removes
the
option
for
a
peace
28
officer
who
believes
a
child
has
run
away
from
home
to
place
a
29
child
in
a
runaway
assessment
center.
30
DIVISION
III
——
JUVENILE
DELINQUENCY
PROCEEDINGS
——
JUDICIAL
31
PROCEEDINGS.
The
bill
allows
a
service
of
summons
or
notice
32
in
juvenile
delinquency
proceedings
and
termination
of
33
parent-child
relationship
proceedings
to
be
made
by
publication
34
if
a
court
believes
service
would
otherwise
be
impracticable.
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The
bill
allows
a
court
to
waive
the
requirement
for
1
reasonable
efforts
to
prevent
the
permanent
removal
of
a
child
2
from
the
child’s
home
when
the
parent
has
been
convicted
of
3
the
murder
of
another
child;
the
parent
has
been
convicted
of
4
the
voluntary
manslaughter
of
another
child;
the
parent
has
5
been
convicted
of
aiding
or
abetting,
attempting,
conspiring
6
in,
or
soliciting
the
commission
of
the
murder
or
voluntary
7
manslaughter
of
another
child;
or
the
parent
has
been
convicted
8
of
a
felony
assault
which
resulted
in
serious
bodily
injury
of
9
the
child
or
of
another
child.
10
DIVISION
IV
——
CHILD
IN
NEED
OF
ASSISTANCE
——
CHILD
ABUSE
11
REPORTING,
ASSESSMENT,
AND
REHABILITATION.
The
bill
revises
12
the
state’s
legislative
findings
establishing
the
purpose
13
and
policy
of
child
in
need
of
assistance
proceedings
to
14
provide
that
the
state
recognizes
that
removing
a
child
from
15
the
child’s
family
will
cause
the
child
harm
and
that
the
16
harm
caused
by
a
child’s
removal
must
be
weighed
against
the
17
potential
harm
in
allowing
a
child
to
remain
with
the
child’s
18
family.
19
The
bill
requires
an
allegation
of
child
abuse
based
on
20
the
failure
to
provide
certain
care
to
the
child
or
for
the
21
unlawful
use,
possession,
manufacturing,
cultivating,
or
22
distribution
of
certain
dangerous
substances
to
be
reported
to
23
DHS
within
five
years
of
a
report
in
order
to
qualify
as
child
24
abuse.
25
The
bill
requires
all
reports
of
possible
child
abuse
to
26
be
made
orally
by
both
mandatory
reporters
and
permissive
27
reporters
to
DHS.
28
The
bill
requires
multidisciplinary
teams
to
assist
in
the
29
provision
of
services
subsequent
to
the
assessment,
diagnosis,
30
and
disposition
of
a
child
abuse
assessment
upon
request
by
31
DHS.
32
DIVISION
V
——
CHILD
IN
NEED
OF
ASSISTANCE
PROCEEDINGS
——
33
TEMPORARY
CUSTODY
OF
A
CHILD.
The
bill
requires
a
court,
34
prior
to
ordering
a
temporary
removal
of
a
child
pursuant
to
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an
ex
parte
order,
to
make
a
finding
that
substantial
evidence
1
exists
to
demonstrate
that
the
need
for
removal
outweighs
the
2
potential
harm
removal
of
a
child
from
a
child’s
family
would
3
cause
the
child,
including
but
not
limited
to
any
physical,
4
emotional,
social,
and
mental
trauma
the
removal
may
cause
the
5
child.
The
bill
requires
a
court,
in
any
order
for
temporary
6
removal
of
a
child,
to
make
a
finding
that
the
necessity
of
7
the
removal
of
the
child
from
the
child’s
home,
due
to
an
8
imminent
risk
to
the
child’s
life
or
health,
is
greater
than
9
the
potential
harm
including
but
not
limited
to
physical,
10
emotional,
social,
and
mental
trauma
the
removal
of
the
child
11
may
cause
the
child.
12
The
bill
requires
that,
if
the
juvenile
court
determines
13
that
a
child’s
custody
should
be
temporarily
removed
from
the
14
child’s
home
pursuant
to
an
ex
parte
order,
the
court
shall
15
consider
placing
the
child
in
the
temporary
custody
to
another
16
parent
of
the
child.
If
the
juvenile
court
determines
custody
17
with
any
of
the
child’s
parents
is
not
in
the
child’s
best
18
interests,
custody
shall
be
transferred
to
DHS
for
placement
of
19
the
child
in
any
of
the
following
categories
in
the
following
20
order
of
priority:
an
adult
relative
of
the
child,
including
21
but
not
limited
to
adult
siblings
and
parents
of
siblings;
a
22
fictive
kin;
any
other
suitable
placement
identified
by
the
23
child’s
relatives;
an
individual
licensed
to
provide
foster
24
care;
or
a
group
care
facility,
shelter
care
facility,
or
other
25
residential
treatment
facility.
If
a
child
is
placed
with
a
26
licensed
foster
care
provider,
DHS
must
assign
decision-making
27
authority
to
the
foster
care
provider
for
the
purpose
of
28
applying
the
reasonable
and
prudent
parent
standard
during
the
29
child’s
placement.
30
The
bill
provides
that
if
a
court
places
custody
of
a
child
31
with
DHS
for
temporary
placement
of
a
child,
the
court
may
32
identify
a
category
for
placement
of
the
child,
but
DHS
shall
33
select
the
specific
person
or
facility
placement.
34
The
bill
requires
a
court
to
make
a
specific
finding
that
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placement
with
an
adult
relative
is
not
in
the
child’s
best
1
interests
and
provide
reasons
for
the
finding
before
a
court
2
may
order
placement
of
a
child
in
a
category
consisting
of
3
nonrelatives.
4
The
bill
requires
a
peace
officer
or
juvenile
court
officer
5
who
takes
a
child
into
custody,
a
physician
treating
a
child,
6
or
a
peace
officer,
physician,
or
medical
security
personnel
7
authorized
by
a
juvenile
court
officer
to
take
a
child
into
8
custody
to
make
every
reasonable
effort
to
place
the
child
with
9
an
adult
relative
of
the
child
or
a
fictive
kin.
10
The
bill
requires
a
peace
officer
who
has
determined
a
child
11
does
not
have
adult
supervision
because
the
child’s
parent,
12
guardian,
or
other
person
responsible
for
the
care
of
the
13
child
has
been
arrested
and
detained
or
has
been
unexpectedly
14
incapacitated,
and
that
no
adult
who
is
legally
responsible
for
15
the
care
of
the
child
can
be
located
within
a
reasonable
period
16
of
time,
to
attempt
to
place
the
child
with
an
adult
relative
17
of
the
child
or
a
fictive
kin
of
the
child.
18
The
bill
defines
“safety
plan”
as
a
short-term,
time-limited
19
agreement
entered
into
between
DHS
and
a
child’s
parent
20
designed
to
address
signs
of
imminent
or
impending
danger
to
21
a
child
as
identified
by
DHS.
The
bill
allows
DHS
to
enter
22
into
a
safety
plan
with
a
child’s
parent
upon
a
determination
23
by
DHS
that
potential
harm
to
a
child
may
be
mitigated
by
the
24
development
of
a
safety
plan.
The
bill
provides
that
the
25
implementation
of
a
safety
plan
shall
not
be
construed
as
a
26
removal
from
parental
custody
absent
a
court
order
placing
27
the
child
with
a
person
or
facility
other
than
the
parent
who
28
entered
into
the
safety
plan.
The
bill
directs
DHS
to
adopt
29
rules
to
implement
the
new
Code
section
relating
to
safety
30
plans.
31
The
bill
allows
a
court
to
enter
an
ex
parte
order
removing
32
an
alleged
domestic
abuser
from
a
child’s
home
if
a
court,
DHS,
33
a
juvenile
court
officer,
or
a
county
attorney
alleges
that
the
34
alleged
domestic
abuser
has
committed
domestic
abuse
against
or
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in
the
presence
of
a
child
upon
a
showing
that
probable
cause
1
exists
to
believe
that
the
domestic
abuse
has
occurred
and
that
2
substantial
evidence
exists
to
believe
that
the
presence
of
the
3
alleged
domestic
abuser
in
the
child’s
residence
presents
a
4
danger
to
the
child’s
life
or
physical,
emotional,
or
mental
5
health.
6
The
bill
allows
a
court
or
alleged
domestic
abuser
to
file
a
7
motion
for
a
hearing
to
determine
whether
the
order
to
vacate
8
the
residence
should
be
upheld,
modified,
or
vacated.
9
The
bill
requires
a
hearing
to
be
held
within
30
days
of
10
removal
of
an
alleged
sexual
offender,
physical
abuser,
or
11
domestic
abuser
from
a
child’s
residence.
12
The
bill
requires
that,
unless
custody
of
a
child
is
13
transferred
from
one
of
the
child’s
parents
to
another
parent
14
of
the
child,
within
30
days
after
the
entry
of
an
order
15
removing
the
child
from
the
custody
of
the
child’s
parent
or
16
parents,
DHS,
juvenile
court
services,
or
a
private
agency
must
17
exercise
due
diligence
in
identifying
and
providing
notice
18
to
the
child’s
grandparents,
aunts,
uncles,
adult
siblings,
19
parents
of
the
child’s
siblings,
and
adult
relatives
suggested
20
by
the
child’s
parents,
subject
to
exceptions
due
to
the
21
presence
of
family
or
domestic
violence.
22
The
bill
authorizes
DHS,
juvenile
court
services,
or
a
23
private
agency
to
share
information
as
necessary
to
explore
24
a
child’s
potential
placement
with
any
of
the
child’s
25
grandparents,
aunts,
uncles,
adult
siblings,
parents
of
the
26
child’s
siblings,
and
adult
relatives
suggested
by
the
child’s
27
parents,
subject
to
exceptions
due
to
the
presence
of
family
or
28
domestic
violence.
29
The
bill
requires
DHS
to
provide
notice
of
a
child’s
30
transfer
of
custody
to
grandparents,
aunts,
uncles,
adult
31
siblings,
parents
of
the
child’s
siblings,
and
adult
relatives
32
suggested
by
the
child’s
parents
who
were
later
discovered
by
33
or
identified
to
DHS
within
30
days
of
that
individual
becoming
34
known
to
DHS.
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DIVISION
VI
——
CHILD
IN
NEED
OF
ASSISTANCE
PROCEEDINGS
——
1
JUDICIAL
PROCEEDINGS.
The
bill
allows
putative
fathers
the
2
right
to
counsel
in
connection
with
child
in
need
of
assistance
3
hearings
and
proceedings.
4
The
bill
requires
a
court
to
appoint
separate
legal
counsel
5
for
a
child
if
that
child
is
represented
by
counsel
and
there
6
is
a
conflict
of
interest
between
the
counsel
and
the
child’s
7
putative
father.
8
The
bill
allows
a
court
to
appoint
a
separate
person
for
a
9
child’s
counsel
and
the
child’s
GAL
if
the
same
person
cannot
10
properly
represent
the
child’s
best
interests
in
accordance
11
with
the
framework
established
in
the
definition
of
a
GAL.
12
The
bill
requires
that
if
a
child’s
GAL
is
also
acting
as
13
legal
counsel
for
the
child,
each
report
submitted
to
a
court
14
by
the
GAL
shall
contain
a
statement
indicating
whether
a
15
separate
GAL
is
required
based
on
the
GAL’s
interviews
and
16
investigations
conducted
until
the
time
the
GAL
submits
a
17
report
to
the
court.
18
The
bill
prohibits
a
court
from
appointing
a
court-appointed
19
special
counsel
as
a
GAL.
20
The
bill
requires
a
child’s
parent
to
be
made
a
party
to
a
21
child
in
need
of
assistance
proceeding.
22
The
bill
allows
an
agency,
facility,
institution,
relative
23
with
a
substantial
relationship
to
the
child,
fictive
kin,
or
24
individual
providing
custodial
care
to
the
child
to
petition
25
a
court
to
be
made
a
party
to
a
child
in
need
of
assistance
26
proceeding.
27
The
bill
creates
the
presumption
that
it
is
in
the
best
28
interests
of
a
child
10
years
of
age
or
older
to
attend
all
29
child
in
need
of
assistance
hearings.
30
The
bill
prohibits
any
continuances
in
a
child
in
need
of
31
assistance
or
termination
of
parental
rights
proceeding
except
32
upon
a
showing
of
good
cause.
33
The
bill
provides
that
upon
a
hearing
regarding
temporary
34
removal
of
a
child
from
a
child’s
home
after
the
filing
of
a
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child
in
need
of
assistance
petition,
a
court
may
return
the
1
child
to
a
person
with
legal
custody
of
the
child
pending
a
2
final
order
of
disposition;
authorize
a
physician
or
hospital
3
to
provide
medical
or
surgical
procedures
if
such
procedures
4
are
necessary
to
safeguard
the
child’s
life
or
health;
remove
5
the
child
from
home
and
place
the
child
with
a
parent
of
the
6
child
pending
a
final
order
of
disposition;
or
remove
the
child
7
from
home
and
place
custody
of
the
child
with
DHS
for
placement
8
of
the
child,
pending
a
final
order
of
disposition,
in
any
of
9
the
following
categories
in
the
following
order
of
priority:
10
an
adult
relative
of
the
child,
including
but
not
limited
to
11
adult
siblings
and
parents
of
siblings;
a
fictive
kin;
any
12
other
suitable
placement
identified
by
the
child’s
relatives;
13
an
individual
licensed
to
provide
foster
care;
or
a
group
care
14
facility,
shelter
care
facility,
or
other
residential
treatment
15
facility.
If
the
child
is
placed
with
a
licensed
foster
care
16
provider,
the
bill
requires
DHS
to
assign
decision-making
17
authority
to
the
foster
care
provider
for
the
purpose
of
18
applying
the
reasonable
and
prudent
parent
standard
during
the
19
child’s
placement.
20
The
bill
requires
a
court
that
orders
the
temporary
removal
21
of
a
child
pursuant
to
the
filing
of
a
child
in
need
of
22
assistance
petition
to
make
a
determination
that
continuation
23
of
the
child
in
the
child’s
home
would
be
contrary
to
the
24
welfare
of
the
child,
that
reasonable
efforts
have
been
made
25
to
prevent
or
eliminate
the
need
for
removal
of
the
child
from
26
the
child’s
home,
and
that
substantial
evidence
exists
to
27
demonstrate
that
the
need
for
removal
due
to
an
imminent
risk
28
to
the
child’s
life
or
health
is
greater
than
the
potential
29
harm
including
but
not
limited
to
any
physical,
emotional,
30
social,
or
mental
trauma
the
removal
may
cause
the
child.
31
The
bill
requires
a
court
to
make
a
determination
regarding
32
continuation
of
the
child
in
the
child’s
home,
and
regarding
33
reasonable
efforts,
including
those
made
to
prevent
removal
34
and
those
made
to
finalize
any
permanency
plan
in
effect,
as
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well
as
any
determination
by
the
court
that
reasonable
efforts
1
are
not
required,
on
a
case-by-case
basis.
The
grounds
for
2
each
determination
must
be
explicitly
documented
and
stated
in
3
the
court
order
while
giving
the
preservation
of
the
safety
4
of
the
child
paramount
consideration.
If
imminent
danger
to
5
the
child’s
life
or
health
exists
at
the
time
of
the
court’s
6
consideration,
the
determinations
otherwise
required
must
not
7
be
a
prerequisite
for
an
order
for
temporary
removal
of
the
8
child.
9
The
bill
provides
that
if
a
court
places
temporary
custody
10
of
a
child
with
DHS
after
the
filing
of
a
child
in
need
of
11
assistance
petition,
the
court
may
identify
a
category
for
12
placement
of
the
child,
but
DHS
shall
have
the
sole
authority
13
to
select
the
specific
person
or
facility
within
that
category
14
for
placement.
15
The
bill
prohibits
a
court
from
ordering
temporary
placement
16
of
a
child
in
a
category
consisting
of
nonrelatives
without
17
a
specific
finding
that
placement
with
an
adult
relative
is
18
not
in
the
child’s
best
interest
and
providing
reasons
for
the
19
finding.
20
The
bill
requires
a
court
order
removing
a
child
from
21
the
child’s
parent
after
the
filing
of
a
child
in
need
of
22
assistance
petition
to
include
a
statement
informing
the
23
child’s
parent
that
the
consequences
of
a
permanent
removal
may
24
include
termination
of
the
parent’s
rights
with
respect
to
the
25
child.
26
The
bill
allows
a
report,
study,
record,
or
other
writing
or
27
an
audiotape
or
videotape
recording
made
by
a
child
protection
28
center
to
be
admitted
into
evidence
in
a
child
in
need
of
29
assistance
proceeding.
30
The
bill
allows
a
court
that
determines
a
child
is
a
child
31
in
need
of
assistance
to
order
the
temporary
removal
of
a
32
child
from
the
child’s
home.
If
the
court
does
order
such
a
33
removal,
the
court
may
place
the
child
with
a
parent
of
the
34
child
pending
a
final
order
of
disposition
or
remove
the
child
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from
home
and
place
custody
of
the
child
with
DHS
for
placement
1
of
the
child,
pending
a
final
order
of
disposition,
with
any
of
2
the
following
in
order
of
priority:
an
adult
relative
of
the
3
child,
including
but
not
limited
to
adult
siblings
and
parents
4
of
siblings;
a
fictive
kin;
any
other
suitable
placement
5
identified
by
the
child’s
relatives;
an
individual
licensed
to
6
provide
foster
care;
or
a
group
care
facility,
shelter
care
7
facility,
or
other
residential
treatment.
If
the
child
is
8
placed
with
a
licensed
foster
care
provider,
the
bill
requires
9
DHS
to
assign
decision-making
authority
to
the
foster
care
10
provider
for
the
purpose
of
applying
the
reasonable
and
prudent
11
parent
standard
during
the
child’s
placement.
12
The
bill
requires
orders
for
temporary
removal
of
a
child
13
after
determining
a
child
to
be
a
child
in
need
of
assistance
14
to
include
a
determination
that
substantial
evidence
exists
to
15
demonstrate
that
the
need
for
removal
due
to
an
imminent
risk
16
to
the
child’s
life
or
health
is
greater
than
the
potential
17
harm
including
but
not
limited
to
any
physical,
emotional,
18
social,
or
mental
trauma
the
removal
may
cause
the
child,
and,
19
if
the
court
orders
a
removal
of
a
child
for
placement
with
a
20
nonrelative,
a
specific
finding
that
placement
with
an
adult
21
relative
is
not
in
the
child’s
best
interest
and
reasons
for
22
the
finding.
23
The
bill
provides
that
if
the
court
places
custody
of
a
child
24
with
DHS
after
ordering
the
temporary
removal
of
the
child,
25
the
court
may
identify
a
category
of
individuals
or
facilities
26
as
previously
specified
for
placement
of
the
child,
but
DHS
27
shall
have
the
sole
authority
to
select
the
specific
person
or
28
facility
within
that
category
for
placement.
29
The
bill
requires
DHS
to
file
a
copy
of
a
social
30
investigation
report
created
pursuant
to
a
child
in
need
of
31
assistance
proceeding
with
the
court,
and
the
court
shall
32
restrict
access
to
the
social
investigation
report
except
33
for
counsel
for
the
child,
counsel
for
the
child’s
parent,
a
34
guardian
or
custodian,
DHS,
the
state’s
counsel,
the
court
35
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appointed
special
advocate,
the
county
attorney,
and
the
GAL.
1
The
bill
authorizes
a
court,
in
the
court’s
discretion,
to
2
order
counsel
not
to
disclose
parts
of
a
social
investigation
3
report
to
the
child,
or
to
the
parent,
guardian,
or
custodian
4
of
the
child.
5
The
bill
provides
that
a
child’s
parent,
guardian,
or
foster
6
parent
or
other
person
with
custody
of
or
providing
substantial
7
care
to
a
child
in
need
of
assistance
shall
be
provided
with
8
information
from
a
social
investigative
report
indicating
the
9
child
or
parent
has
behaved
in
a
manner
that
threatened
the
10
safety
of
another
person,
has
committed
a
violent
act
causing
11
bodily
injury
to
another
person,
has
committed
sexual
abuse,
12
or
has
been
a
victim
of
sexual
abuse,
unless
otherwise
ordered
13
by
the
court.
14
The
bill
allows
a
court,
after
a
dispositional
hearing,
to
15
enter
an
order
transferring
the
legal
custody
of
the
child
to
16
a
parent
of
the
child.
If
the
court
determines
that
custody
17
with
the
child’s
parents
is
not
in
the
child’s
best
interests,
18
custody
shall
be
transferred
to
DHS
for
placement
of
the
child
19
in
the
same
manner
as
a
temporary
removal
of
a
child.
20
The
bill
prohibits
a
court
from
ordering
group
foster
care
21
placement
of
a
child
which
is
a
charge
upon
the
state
unless
22
that
placement
is
in
compliance
with
procedures
established
by
23
DHS
in
writing.
24
The
bill
eliminates
a
requirement
that
a
court
review
and
25
address
a
child’s
participation
in
developmentally
appropriate
26
extracurricular
activities.
27
The
bill
moves
Code
language
concerning
the
definition
of
28
“reasonable
efforts”
and
“family-centered
services”
to
new
Code
29
section
232.102A
for
purposes
of
child
in
need
of
assistance
30
proceedings.
31
The
bill
allows
DHS
or
juvenile
court
services
to
authorize
32
reasonable
visitation
between
a
child
and
the
child’s
adult
33
relative
or
fictive
kin
unless
prohibited
by
court
order
or
DHS
34
or
juvenile
court
services
finds
that
allowing
the
visitation
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would
not
be
in
the
child’s
best
interest.
1
The
bill
requires
that
interactions
between
a
child
and
the
2
child’s
family
continue
regardless
of
a
parent’s
failure
to
3
comply
with
requirements
of
the
court
or
DHS,
provided
there
4
is
no
finding
by
a
court
or
DHS
that
such
interaction
would
be
5
detrimental
to
the
child.
6
The
bill
allows
a
child’s
parent,
guardian,
or
custodian
to
7
file
a
motion
to
terminate,
modify,
or
vacate
and
substitute
8
a
dispositional
order
at
least
once
every
60
days
except
with
9
leave
of
the
court
for
good
cause
shown.
10
The
bill
requires
a
court-appointed
attorney
to
be
paid
by
11
the
state
public
defender’s
office
for
reasonable
work
done
12
relating
to
a
bridge
order.
13
The
bill
allows
a
court
at
a
child’s
permanency
hearing
to
14
order
a
transfer
of
guardianship
and
custody
of
the
child
to
an
15
adult
relative,
fictive
kin,
or
other
suitable
person.
16
The
bill
requires
a
court,
when
entering
a
permanency
order
17
for
a
child,
to
transfer
the
legal
custody
of
the
child
to
18
a
parent
of
the
child.
If
the
court
finds
that
custody
of
19
the
child
with
the
child’s
parents
is
not
in
the
child’s
best
20
interests,
custody
must
be
transferred
to
DHS
for
placement
of
21
the
child
in
the
same
manner
as
temporary
placement
of
a
child.
22
The
bill
requires
that,
if
a
court
that
orders
the
transfer
23
of
custody
of
a
child
and
siblings
for
placement,
reasonable
24
efforts
shall
be
made
to
place
the
child
and
siblings
together
25
whenever
possible
and
if
placement
together
is
in
the
best
26
interests
of
each
child.
This
requirement
remains
applicable
27
to
custody
transfer
orders
made
at
separate
times,
provided
the
28
requirement
will
not
jeopardize
the
stability
of
placements
and
29
is
in
the
best
interest
of
each
child.
This
requirement
also
30
applies
in
addition
to
efforts
made
to
place
the
child
with
an
31
adult
relative.
32
The
bill
requires
a
child’s
attorney
or
GAL,
if
custody
of
33
siblings
is
transferred
but
they
are
not
placed
in
the
same
34
placement
together,
to
provide
the
siblings
with
the
reasons
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why
and
the
efforts
being
made
to
facilitate
such
placement,
1
or
why
making
efforts
for
such
placement
is
not
appropriate.
2
An
explanation
is
not
required
if
the
siblings’
ages
or
mental
3
states
make
such
an
explanation
inappropriate.
4
The
bill
requires
that,
unless
visitation
or
ongoing
5
interaction
with
siblings
is
suspended
or
terminated
by
the
6
court,
DHS
or
a
private
agency
shall
make
reasonable
efforts
to
7
place
the
siblings
together
and
provide
for
visitation
or
other
8
ongoing
interaction
between
the
child
and
the
child’s
siblings.
9
The
bill
allows
a
person
who
wishes
to
assert
a
sibling
10
relationship
with
a
child
who
is
subject
to
an
order
issued
for
11
an
out-of-home
placement
to
request
visitation
or
other
ongoing
12
interaction
with
the
child
by
filing
a
motion
or
petition
with
13
the
court
with
jurisdiction
over
the
child.
14
DIVISION
VII
——
TERMINATION
OF
PARENT-CHILD
RELATIONSHIP
15
PROCEEDINGS.
The
bill
requires
a
county
attorney
to
file
a
16
petition
for
termination
of
a
parent-child
relationship
and
17
parental
rights
to
a
child
or,
if
a
petition
has
been
filed,
18
join
in
the
petition
if
the
child’s
parent
has
been
convicted
19
of
murder
or
the
voluntary
manslaughter
of
another
child;
20
aiding
or
abetting,
attempting,
conspiring
in,
or
soliciting
21
the
commission
of
the
murder
or
voluntary
manslaughter
of
22
another
child;
or
a
felony
assault
which
resulted
in
serious
23
bodily
injury
of
the
child
or
of
another
child.
24
The
bill
allows
a
court
to
authorize
service
by
publication
25
in
termination
of
parent-child
relationship
proceedings
if
the
26
court
determines
that
personal
service
is
impracticable.
27
The
bill
provides
that
a
court
shall
not
require
a
finding
28
of
a
nonaccidental
physical
injury
when
considering
whether
to
29
terminate
parental
rights
on
the
grounds
a
child
subject
to
the
30
proceeding,
or
a
child
who
is
a
member
of
the
same
family
of
31
the
child
subject
to
the
proceeding,
was
physically
or
sexually
32
abused
or
neglected
as
the
result
of
the
acts
or
omissions
of
33
one
or
both
parents.
34
The
bill
allows
a
court
to
terminate
parental
rights
if
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a
child
is
adjudicated
a
child
in
need
of
assistance,
the
1
parent
presents
a
danger
to
self
or
others
as
evidenced
by
2
prior
acts,
the
parent
has
a
severe
substance-related
disorder
3
either
as
that
term
is
defined
in
the
most
current
edition
of
4
the
diagnostic
and
statistical
manual
prepared
by
the
American
5
psychiatric
association
or
as
evidenced
by
prior
acts,
or
the
6
disorder
is
evidenced
by
continued
and
repeated
use
through
7
the
case
when
the
parent
refuses
to
obtain
a
substance
abuse
8
evaluation
or
treatment
after
given
the
opportunity
to
do
so
9
and
there
is
clear
and
convincing
evidence
that
the
parent’s
10
prognosis
indicates
that
the
child
will
not
be
able
to
be
11
returned
to
the
custody
of
the
parent
within
a
reasonable
12
period
of
time
considering
the
child’s
age
and
need
for
a
13
permanent
home.
14
The
bill
allows
a
court
to
terminate
parental
rights
if
the
15
court
concludes
that
facts
sufficient
to
sustain
the
petition
16
have
been
established
by
clear
and
convincing
evidence.
If
the
17
court
terminates
the
parental
rights
of
the
child’s
parent,
18
the
bill
requires
the
court
to
transfer
the
guardianship
and
19
custody
of
the
child
to
a
parent
of
the
child
whose
parental
20
rights
have
not
been
terminated.
If
the
court
find
that
21
guardianship
and
custody
with
the
child’s
parents
is
not
in
22
the
child’s
best
interests,
the
bill
requires
guardianship
and
23
custody
to
be
transferred
for
placement
of
the
child,
with
24
any
of
the
following
in
order
of
priority:
DHS
if
DHS
had
25
custody
of
the
child
at
the
time
of
the
filing
of
the
petition
26
for
termination
of
parental
rights,
or
if
custody
with
DHS
27
is
necessary
to
facilitate
the
permanency
or
adoption
goal,
28
unless
DHS
waives
its
priority;
an
adult
relative
of
the
child,
29
including
but
not
limited
to
adult
siblings
or
parents
of
30
siblings;
a
fictive
kin;
or
a
child-placing
agency
or
other
31
suitable
private
agency,
facility,
or
institution
which
is
32
licensed
or
otherwise
authorized
by
law
to
receive
and
to
33
provide
care
for
the
child.
34
The
bill
requires
a
court,
when
the
court
orders
a
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termination
of
parental
rights
and
siblings
are
not
placed
1
together
but
have
an
existing
relationship,
to
order
ongoing
2
contact
between
the
siblings
if
the
court
finds
that
visitation
3
or
ongoing
interaction
is
in
the
best
interest
of
each
sibling.
4
However,
this
requirement
shall
not
be
construed
to
require
5
visitation
between
a
child
and
a
parent
whose
parental
rights
6
have
been
terminated
for
that
child,
even
if
a
sibling
remains
7
with
the
parent.
8
The
bill
provides
that
a
moving
party
or
a
party
opposed
to
9
the
actions
taken
by
a
court-appointed
guardian
has
the
burden
10
to
establish
that
the
court-appointed
guardian
failed
to
act
11
in
the
child’s
best
interest
by
unreasonably
or
irresponsibly
12
failing
to
discharge
the
guardian’s
duties
in
finding
a
13
suitable
adoptive
home
for
the
child.
14
The
bill
requires
a
court
to
give
deference
to
the
decision
15
of
a
court-appointed
guardian
in
a
termination
of
parental
16
rights
proceeding
and
prohibits
the
court
from
conducting
a
de
17
novo
review
of
the
guardian’s
decision
regarding
placement.
18
DIVISION
VIII
——
FAMILY
IN
NEED
OF
ASSISTANCE
PROCEEDINGS.
19
The
bill
prohibits
a
court
from
appointing
a
court
appointed
20
special
advocate
as
a
GAL.
21
The
bill
prohibits
a
court
from
ordering
placement
of
a
child
22
in
group
foster
care
if
such
a
placement
would
be
a
charge
upon
23
the
state
unless
the
group
foster
care
meets
requirements
as
24
established
by
DHS
in
writing.
25
The
bill
establishes
the
duties,
limitations,
and
rights
of
26
court
appointed
special
advocates.
27
DIVISION
IX
——
JUVENILE
COURT
EXPENSES
AND
COSTS
——
SHELTER
28
AND
DETENTION
HOMES.
The
bill
provides
that
if
the
actual
and
29
allowable
costs
of
a
child’s
shelter
care
placement
exceed
the
30
amount
the
department
of
human
services
is
authorized
to
pay,
31
the
unpaid
costs
may
be
recovered
from
the
child’s
custodial
32
parent’s
county
of
residence
unless
the
group
foster
care
meets
33
requirements
as
established
by
DHS
in
writing.
34
The
bill
provides
that
the
maximum
amount
of
the
unpaid
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costs
which
may
be
recovered
from
a
child’s
custodial
parent’s
1
county
of
residence
for
the
child’s
shelter
costs
is
limited
2
to
the
difference
between
the
amount
DHS
is
authorized
to
pay
3
and
the
statewide
average
of
the
actual
and
allowable
rates
as
4
reasonably
determined
by
DHS
annually.
The
bill
also
limits
5
the
amount
a
home
may
be
reimbursed
to
the
lesser
of
the
home’s
6
actual
and
allowable
costs
or
the
statewide
average
of
the
7
actual
and
allowable
rates
as
determined
by
DHS
and
in
effect
8
on
the
date
the
costs
were
paid.
9
The
bill
requires
a
county
or
multicounty
juvenile
detention
10
home
to
receive
financial
aid
from
the
state
in
a
manner
11
approved
by
the
director
of
DHS
or
the
director
of
the
12
department
of
human
rights
(DHR)
or
the
director’s
designee.
13
Beginning
July
1,
2023,
only
the
director
of
DHR
or
the
DHR
14
director’s
designee
may
approve
the
manner
in
which
a
county
15
or
multicounty
juvenile
detention
home
shall
receive
financial
16
aid
from
the
state.
17
The
bill
requires
the
director
of
DHS
or
the
director
of
DHR
18
or
the
director’s
designee
to
adopt
minimal
rules
and
standards
19
for
the
establishment,
maintenance,
and
operation
of
juvenile
20
detention
homes.
Beginning
July
1,
2023,
only
the
director
of
21
DHR
or
the
director’s
designee
may
adopt
rules
and
standards
22
for
the
establishment,
maintenance,
and
operation
of
juvenile
23
detention
homes.
24
The
bill
allows
the
director
of
DHS
or
the
director
of
DHR
25
or
the
director’s
designee
to
annually
approve
all
juvenile
26
detention
homes.
Beginning
July
1,
2023,
only
the
director
of
27
DHR
or
the
director’s
designee
will
be
required
to
approve
the
28
juvenile
detention
homes.
29
The
bill
gives
authority
over
the
juvenile
detention
home
30
fund
of
the
state
treasury
to
DHS
and
DHR
as
DHS
and
DHR
agree.
31
Beginning
July
1,
2023,
only
DHR
shall
have
authority
over
the
32
fund.
33
DIVISION
X
——
DECATEGORIZATION
OF
CHILD
WELFARE
AND
JUVENILE
34
JUSTICE
FUNDING
INITIATIVE
——
EARLY
INTERVENTION
PROGRAMS.
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The
bill
provides
that
moneys
designated
for
a
project’s
1
decategorization
services
funding
pool
that
remain
unencumbered
2
or
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
3
but
shall
remain
available
for
expenditure
as
directed
by
the
4
project’s
governance
board
for
child
welfare
and
juvenile
5
justice
systems
enhancements
and
other
purposes
of
the
project
6
for
the
next
three
succeeding
fiscal
years.
7
The
bill
shifts
responsibility
from
DHS
to
juvenile
court
8
services
to
develop
or
expand
programs
providing
specific
9
life
skills
and
interpersonal
skills
training
for
adjudicated
10
delinquent
youth
who
pose
a
low
or
moderate
risk
to
the
11
community;
develop
or
expand
a
school-based
program
addressing
12
truancy
and
school
behavioral
problems
for
youth
ages
12
13
through
17;
develop
or
expand
an
intensive
tracking
and
14
supervision
program
for
adjudicated
delinquent
youth
at
risk
15
for
placement
who
have
been
released
from
resident
facilities,
16
to
include
telephonic
or
electronic
tracking
and
monitoring
and
17
intervention
by
juvenile
authorities;
and
develop
or
expand
18
supervised
community
treatment
for
adjudicated
delinquent
19
youth
who
experience
significant
problems
and
who
constitute
a
20
moderate
community
risk.
21
DIVISION
XI
——
CONFORMING
CODE
CHANGES.
The
bill
makes
22
conforming
Code
changes
to
Code
sections
232.19(1)(c)
(taking
23
a
child
into
custody);
232.52(3)(c)
(group
foster
care
24
placement
for
delinquent
acts);
232.68(2)(a)(7)(a)
(child
25
abuse
definition);
232.71B(16)
(DHS
duties
——
report
of
26
abuse);
232.83(2)
(child
sexual
abuse);
232.98(1)(b)(1)
(child
27
in
need
of
assistance,
physical
and
mental
examinations);
28
232.102(9)
(child
in
need
of
assistance,
transfer
of
legal
29
custody
of
child
and
placement);
232.111(2)(a)(2)
(termination
30
of
parental
rights
petition);
232.117(5)
(terminations
——
31
findings
——
disposition);
232.126(2)
(appointment
of
counsel
32
and
GAL);
232.127(8)
(hearing
——
adjudication
——
disposition);
33
234.6(1)(e)(3)
(powers
and
duties
of
the
administrator
of
34
the
department
of
human
services);
234.35(1)
(when
state
to
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pay
foster
care
costs),
and
709A.5
(contributing
to
juvenile
1
delinquency).
2
DIVISION
XII
——
REPEALS.
The
bill
repeals
the
Code
section
3
related
to
service
area
group
foster
care
budget
targets.
4
The
bill
repeals
the
Code
section
related
to
voluntary
5
foster
care
placement.
6
The
bill
repeals
the
Code
section
relating
to
reasonable
7
efforts
administrative
requirements.
8
The
bill
repeals
Code
sections
relating
to
runaway
treatment
9
plans
and
runaway
assessment
centers.
10
The
bill
allows
DHS
to
pay
for
the
family
foster
care
or
11
independent
living
arrangements
of
a
child
who
is
18
years
of
12
age
or
older.
13
The
bill
eliminates
the
requirement
that
DHS
report
14
annually
on
the
number
of
children
for
whom
the
state
paid
for
15
independent
living
services
during
the
immediately
preceding
16
fiscal
year.
17
DIVISION
XIII
——
EFFECTIVE
DATES.
The
section
of
the
bill
18
providing
DHR
sole
authority
over
the
decategorization
of
child
19
welfare
and
juvenile
justice
funding
initiative
and
the
section
20
relating
to
early
intervention
and
follow-up
programs
take
21
effect
July
1,
2023.
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