Bill Text: IA SF2270 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to juvenile justice policies and procedures.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-13 - Subcommittee recommends amendment and passage. []. [SF2270 Detail]
Download: Iowa-2023-SF2270-Introduced.html
Senate
File
2270
-
Introduced
SENATE
FILE
2270
BY
J.
TAYLOR
A
BILL
FOR
An
Act
relating
to
juvenile
justice
policies
and
procedures.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
232.71B,
subsection
4,
paragraph
a,
Code
1
2024,
is
amended
by
adding
the
following
new
subparagraphs:
2
NEW
SUBPARAGRAPH
.
(3)
If
the
allegation
of
child
abuse
3
came
from
the
child
claiming
to
be
subject
to
the
abuse,
an
4
assessment
of
the
child
by
a
psychologist
licensed
under
5
chapter
154B.
6
NEW
SUBPARAGRAPH
.
(4)
If
the
allegation
of
child
abuse
7
constitutes
physical
abuse,
an
assessment
of
the
child
by
a
8
health
practitioner
to
determine
the
extent
of
physical
abuse.
9
Sec.
2.
Section
232.141,
subsection
4,
Code
2024,
is
amended
10
by
adding
the
following
new
paragraph:
11
NEW
PARAGRAPH
.
0c.
Expenses
for
a
psychological
examination
12
of
a
child’s
parent,
guardian,
or
custodian
ordered
by
the
13
court
under
section
232.197,
subsection
4.
14
Sec.
3.
NEW
SECTION
.
232.197
General
policies
and
15
procedures.
16
1.
When
a
court
or
the
department
is
making
a
determination
17
related
to
a
parent’s,
guardian’s,
or
custodian’s
visitation
18
or
custody
of
a
child
removed
from
the
parent,
guardian,
or
19
custodian
pursuant
to
this
chapter,
the
court
or
the
department
20
shall
restrict
visitation,
and
the
court
shall
not
award
21
custody
to
the
extent
the
court
or
the
department
has
found
the
22
parent,
guardian,
or
legal
custodian
has
exhibited
a
pattern
23
of
any
of
the
following:
24
a.
Mentally
or
physically
abusive
behavior.
25
b.
Placing
a
child
in
danger
due
to
the
parent’s,
26
guardian’s,
or
custodian’s
mental
illness.
27
c.
Aggressive
behavior
toward
others.
28
d.
Criminal
behavior.
29
2.
If
a
child’s
parent,
guardian,
or
custodian
is
required
30
to
register
as
a
sex
offender
under
section
692A.103,
when
the
31
court
is
making
a
determination
under
this
chapter
concerning
32
the
parent’s
,
guardian’s,
or
custodian’s
visitation
rights
to,
33
or
custody
of,
a
child,
there
shall
be
a
presumption
that
the
34
parent,
guardian,
or
custodian
is
unfit
for
visitation
with
or
35
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custody
of
a
child.
1
3.
In
any
proceeding
under
this
chapter,
a
court
shall
2
consider
any
record
showing
that
a
parent,
guardian,
or
3
custodian
engaged
in
domestic
abuse
as
defined
in
section
4
236.2,
committed
child
abuse
as
defined
in
section
232.68,
or
5
was
convicted
for
use
of
a
controlled
substance
under
chapter
6
124,
when
making
a
determination
relating
to
the
parent,
7
guardian,
or
custodian.
8
4.
a.
A
court
presiding
over
a
proceeding
under
subchapter
9
III,
IV,
or
V,
shall
order
a
parent,
guardian,
or
custodian
10
subject
to
the
proceeding
to
receive
a
psychological
11
examination
conducted
by
a
psychologist
licensed
under
chapter
12
154B
if
the
parent,
guardian,
or
custodian
has
a
record
of
any
13
of
the
following:
14
(1)
Engaging
in
domestic
abuse
as
defined
in
section
236.2.
15
(2)
Committing
child
abuse
as
defined
in
section
232.68.
16
(3)
A
conviction
for
use
of
a
controlled
substance
under
17
chapter
124.
18
b.
The
psychological
examination
required
under
paragraph
19
“a”
shall
be
completed
within
thirty
calendar
days
from
the
date
20
of
the
order
requiring
the
psychological
examination
unless
21
the
parent,
guardian,
or
custodian
shows
good
cause
for
an
22
extension.
Failure
to
comply
with
this
paragraph
shall
result
23
in
a
denial
of
the
parent’s,
guardian’s,
or
custodian’s
custody
24
and
visitation
rights
for
any
child
who
is
the
subject
of
the
25
proceeding
for
which
the
psychological
evaluation
was
ordered.
26
c.
The
court
shall
hold
a
hearing
to
determine
the
parent’s,
27
guardian’s,
or
custodian’s
ability
to
pay
for
a
psychological
28
examination
ordered
by
the
court
under
paragraph
“a”
.
If,
after
29
giving
the
parent,
guardian,
or
custodian
an
opportunity
to
be
30
heard,
the
court
determines
the
parent,
guardian,
or
custodian
31
is
unable
to
pay
the
costs
of
the
psychological
examination,
32
the
court
shall
order
the
department
to
provide
the
services
33
of
a
psychologist
licensed
under
chapter
154B
to
perform
34
the
psychological
examination.
A
psychological
examination
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provided
by
the
department
under
this
paragraph
shall
be
a
1
charge
upon
the
state
and
reimbursed
according
to
section
2
232.141,
subsection
5.
3
5.
An
employee
of
the
department
whose
primary
4
responsibilities
require
direct
contact
with
children
during
5
a
proceeding
under
this
chapter
shall
be
required
to
receive
6
training
regarding
the
effects
on,
and
symptoms
of,
trauma
7
in
children
from
a
psychologist
licensed
under
chapter
154B
8
who
specializes
in
childhood
trauma.
Training
under
this
9
subsection
shall
be
completed
prior
to
the
employee
engaging
in
10
work
with
children
under
this
chapter.
11
6.
When
a
court
is
determining
the
truth
of
the
allegation
12
of
child
abuse
that
was
reported
by
the
child
subject
to
13
the
abuse,
the
court
shall
rely
primarily
on
the
assessment
14
conducted
by
a
psychologist
under
section
232.71B,
subsection
15
4,
paragraph
“a”
,
subparagraph
(3).
16
7.
If
a
court
order
issued
under
this
chapter
allows
a
17
parent,
guardian,
or
custodian
who
resides
outside
the
state
18
visitation
rights
with
a
child,
the
order
shall
specify
that
19
the
visitation
with
the
child
shall
only
occur
within
this
20
state.
21
8.
A
supervised
visit
ordered
by
a
court
or
authorized
by
22
the
department
subsequent
to
the
removal
of
a
child
from
the
23
custody
of
a
parent,
guardian,
or
custodian
pursuant
to
this
24
chapter
shall
not
be
supervised
by
any
of
the
following:
25
a.
A
person
who
the
court
or
the
department
determines
has
26
a
close,
personal
relationship
with
the
parent,
guardian,
or
27
custodian
from
whom
the
child
was
removed.
28
b.
A
person
required
to
register
as
a
sex
offender
under
29
section
692A.103.
30
c.
A
person
convicted
of
a
crime
that
involved
physical
31
injury
to
a
person.
32
9.
To
the
extent
possible,
the
same
judge
shall
preside
over
33
all
hearings,
make
all
determinations,
and
issue
all
orders
34
related
to
a
petition
filed
under
this
chapter.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
juvenile
justice
policies
and
4
procedures.
5
The
bill
requires
if
an
allegation
of
child
abuse
comes
from
6
a
child
claiming
to
be
subject
to
the
abuse
that
a
licensed
7
psychologist
perform
an
assessment
of
the
child.
8
The
bill
requires
if
an
allegation
of
child
abuse
9
constitutes
physical
abuse
that
a
health
practitioner
perform
10
an
assessment
of
the
child
to
determine
the
extent
of
physical
11
abuse.
The
bill
requires
a
psychological
examination
of
a
12
child’s
parent,
guardian,
or
custodian
ordered
by
a
court
to
13
be
reimbursed
by
the
department
of
health
and
human
services
14
(HHS).
15
When
a
court
or
HHS
is
making
a
determination
related
to
a
16
parent’s
,
guardian’s
,
or
custodian’s
visitation
or
custody
17
of
a
child
removed
from
the
parent,
guardian,
or
custodian
18
under
Code
chapter
232
(juvenile
justice),
the
bill
requires
19
the
court
or
HHS
to
restrict
visitation
to,
and
the
court
to
20
not
award
custody
of,
the
child
to
the
extent
the
court
or
HHS
21
has
found
the
parent,
guardian,
or
custodian
has
exhibited
a
22
pattern
of
mentally
or
physically
abusive
behavior;
placing
a
23
child
in
danger
due
to
the
parent’s,
guardian’s,
or
custodian’s
24
mental
illness;
aggressive
behavior
toward
others;
or
criminal
25
behavior.
26
The
bill
creates
the
presumption
that
a
child’s
parent,
27
guardian,
or
custodian
is
unfit
for
visitation
with
or
custody
28
of
a
child
if
the
parent,
guardian,
or
custodian
is
required
29
to
register
as
a
sex
offender.
30
The
bill
requires
a
court
or
HHS
to
take
any
record
of
a
31
parent,
guardian,
or
custodian
having
engaged
in
domestic
32
abuse,
having
committed
child
abuse,
or
having
been
convicted
33
for
use
of
a
controlled
substance
into
account
when
making
a
34
determination
relating
to
the
parent,
guardian,
or
custodian.
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The
bill
requires
a
court
to
order
a
parent,
guardian,
or
1
custodian
subject
to
a
child
in
need
of
assistance
proceeding,
2
temporary
custody
of
a
child
proceeding,
or
family
in
need
of
3
assistance
proceeding
to
receive
a
psychological
examination
4
conducted
by
a
licensed
psychologist
if
the
parent,
guardian,
5
or
custodian
has
a
record
of
engaging
in
domestic
abuse,
6
committing
child
abuse,
or
a
conviction
for
use
of
a
controlled
7
substance.
The
psychological
examination
must
be
completed
8
within
30
calendar
days
from
the
date
of
the
order
requiring
9
the
psychological
examination
unless
the
parent,
guardian,
10
or
custodian
shows
good
cause
for
an
extension.
Failure
to
11
comply
will
result
in
the
denial
of
the
parent’s,
guardian’s,
12
or
custodian’s
custody
and
visitation
rights
for
any
child
who
13
is
the
subject
of
the
proceeding
for
which
the
psychological
14
evaluation
was
ordered.
The
court
must
hold
a
hearing
to
15
determine
the
parent’s,
guardian’s,
or
custodian’s
ability
to
16
pay
for
a
required
psychological
examination.
If,
after
giving
17
the
parent,
guardian,
or
custodian
an
opportunity
to
be
heard,
18
the
court
determines
the
parent,
guardian,
or
custodian
is
19
unable
to
pay
the
costs
of
the
psychological
examination,
HHS
20
must
provide
the
services
of
a
licensed
psychologist
to
perform
21
the
psychological
examination
at
state
expense.
22
The
bill
requires
training
relating
to
the
effects
of
trauma
23
on
children
from
a
licensed
psychologist
who
specializes
24
in
childhood
trauma
for
each
HHS
employee
whose
primary
25
responsibilities
require
direct
contact
with
children
during
a
26
juvenile
delinquency
proceeding,
a
child
in
need
of
assistance
27
proceeding,
a
temporary
custody
of
a
child
proceeding,
or
a
28
family
in
need
of
assistance
proceeding.
Training
must
be
29
completed
prior
to
the
employee
engaging
in
work
with
children.
30
The
bill
requires
a
court
to
rely
primarily
on
a
child’s
31
assessment
conducted
by
a
licensed
psychologist
when
the
court
32
is
determining
the
truth
of
an
allegation
of
child
abuse
that
33
was
reported
by
the
child
subject
to
the
abuse.
34
When
a
court
order
issued
in
a
juvenile
delinquency
35
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proceeding,
child
in
need
of
assistance
proceeding,
temporary
1
custody
of
a
child
proceeding,
or
family
in
need
of
assistance
2
proceeding
allows
a
parent,
guardian,
or
custodian
who
resides
3
outside
the
state
to
have
visitation
rights
with
a
child,
the
4
bill
requires
the
order
to
specify
that
visitation
with
the
5
child
shall
only
occur
within
this
state.
6
A
supervised
visit
authorized
by
a
court
or
HHS
subsequent
to
7
the
removal
of
a
child
from
the
custody
of
a
parent,
guardian,
8
or
custodian
shall
not
be
supervised
by
a
person
who
the
court
9
or
HHS
determines
has
a
close,
personal
relationship
with
the
10
parent,
guardian,
or
custodian
from
whom
the
child
was
removed;
11
a
person
required
to
register
as
a
sex
offender;
or
a
person
12
convicted
of
a
crime
that
involved
physical
injury
to
a
person.
13
The
bill
requires,
to
the
extent
possible,
for
the
same
14
judge
to
preside
over
all
hearings,
make
all
determinations,
15
and
issue
all
orders
related
to
a
petition
filed
in
a
juvenile
16
delinquency
matter,
a
child
in
need
of
assistance
matter,
a
17
temporary
custody
of
a
child
matter,
or
a
family
in
need
of
18
assistance
matter.
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