Bill Text: IA SF2325 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to human services and juvenile justice including child custody, child in need of assistance, and family in need of assistance proceedings, establishing the department of family stabilization and preservation, providing penalties, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-19 - Subcommittee: Segebart, Mathis, and Sweeney. S.J. 354. [SF2325 Detail]
Download: Iowa-2019-SF2325-Introduced.html
Senate
File
2325
-
Introduced
SENATE
FILE
2325
BY
SEGEBART
A
BILL
FOR
An
Act
relating
to
human
services
and
juvenile
justice
1
including
child
custody,
child
in
need
of
assistance,
and
2
family
in
need
of
assistance
proceedings,
establishing
3
the
department
of
family
stabilization
and
preservation,
4
providing
penalties,
and
including
effective
date
5
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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DIVISION
I
1
DEPARTMENT
OF
FAMILY
STABILIZATION
AND
PRESERVATION
2
Section
1.
NEW
SECTION
.
217A.1
Definitions.
3
For
purposes
of
this
chapter,
unless
the
context
otherwise
4
requires:
5
1.
“Board”
means
the
board
of
the
department
of
family
6
stabilization
and
preservation
established
in
section
217A.4.
7
2.
“Department”
means
the
department
of
family
stabilization
8
and
preservation
established
in
section
217A.2.
9
3.
“Director”
means
the
director
of
the
department.
10
4.
“Institution”
means
the
same
as
defined
in
section
218.1.
11
Sec.
2.
NEW
SECTION
.
217A.2
Department
established.
12
1.
The
department
of
family
stabilization
and
preservation
13
is
established
to
be
responsible
for
providing
access
to
14
services
and
resources
to
families,
children,
and
dependent
15
adults
in
crisis.
16
2.
“Crisis”
for
the
purposes
of
this
chapter
includes
but
is
17
not
limited
to
all
of
the
following:
18
a.
Lack
of
vital
resources.
19
b.
Lack
of
access
to
vital
resources.
20
c.
Lack
of
shelter.
21
d.
Lack
of
transportation.
22
e.
Lack
of
access
to
mental
health
services
and
resources.
23
f.
Food
insecurity.
24
g.
Medical
emergency.
25
h.
Lack
of
access
to
court-ordered
services.
26
3.
Receipt
of
department
services
are
voluntary
unless,
27
with
good
cause,
are
ordered
by
a
court
in
a
criminal
action.
28
Sec.
3.
NEW
SECTION
.
217A.3
Family
law
court
mediation
29
division.
30
1.
This
section
establishes,
within
the
department
of
31
family
stabilization
and
preservation,
a
family
law
court
32
mediation
division
for
family
matters
including
child
custody,
33
dissolution
of
marriage,
and
civil
family
matters.
34
2.
The
district
court
may,
on
its
own
motion
or
on
the
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motion
of
any
party,
order
the
parties
to
participate
in
1
mediation
in
any
child
custody,
dissolution
of
marriage
action,
2
or
any
other
civil
family
matter.
Mediation
performed
under
3
this
section
shall
comply
with
the
provisions
of
chapter
679C.
4
3.
The
supreme
court
shall
prescribe
rules
for
the
mediation
5
program,
including
the
circumstances
under
which
the
district
6
court
may
order
participation
in
mediation.
7
4.
Any
dispute
resolution
program
shall
comply
with
all
of
8
the
following
standards:
9
a.
Participation
in
mediation
shall
include
attendance
10
at
a
mediation
session
with
the
mediator
and
the
parties
11
to
the
action,
listening
to
the
mediator’s
explanation
of
12
the
mediation
process,
presentation
of
one
party’s
view
of
13
the
case,
and
listening
to
the
response
of
the
other
party.
14
Participation
in
mediation
does
not
require
that
the
parties
15
reach
an
agreement.
16
b.
The
parties
may
choose
the
mediator,
or
the
court
shall
17
appoint
a
mediator.
A
court-appointed
mediator
shall
meet
the
18
qualifications
established
by
the
supreme
court.
19
c.
Parties
to
the
mediation
have
the
right
to
the
advice
and
20
presence
of
counsel
at
all
times.
21
d.
The
parties
to
the
mediation
shall
present
any
agreement
22
reached
through
the
mediation
to
their
attorneys,
if
any.
23
A
mediation
agreement
reached
by
the
parties
shall
not
be
24
enforceable
until
approved
by
the
court.
25
e.
The
costs
of
mediation
shall
be
borne
by
the
parties,
26
as
agreed
to
by
the
parties,
or
as
ordered
by
the
court,
and
27
may
be
taxed
as
court
costs.
Mediation
shall
be
provided
on
a
28
sliding
fee
scale
for
parties
who
are
determined
to
be
indigent
29
pursuant
to
section
815.9.
30
5.
The
supreme
court
shall
prescribe
qualifications
for
31
mediators
under
this
section.
The
qualifications
shall
include
32
but
are
not
limited
to
the
ethical
standards
to
be
observed
by
33
mediators.
The
qualifications
shall
not
include
a
requirement
34
that
the
mediator
be
licensed
to
practice
any
particular
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profession.
1
Sec.
4.
NEW
SECTION
.
217A.4
Board
created.
2
A
board
of
family
stabilization
and
preservation
is
created
3
within
the
department.
The
board
shall
consist
of
seven
4
members
appointed
by
the
governor
subject
to
confirmation
by
5
the
senate.
Not
more
than
four
members
shall
be
from
the
same
6
political
party.
Members
shall
be
residents
of
the
state.
7
Six
of
the
seven
members
shall
be
residents
of
a
different
8
congressional
district.
Members
of
the
boards
shall
serve
9
four-year
staggered
terms.
10
Sec.
5.
NEW
SECTION
.
217A.5
Board
of
family
stabilization
11
and
preservation
——
duties.
12
1.
Organize
annually
and
select
a
chairperson
and
a
vice
13
chairperson.
14
2.
Adopt
and
establish
policies
for
the
operation
and
15
conduct
of
the
department
and
the
implementation
of
all
16
department
programs.
17
3.
Recommend
to
the
governor
the
names
of
individuals
18
qualified
for
the
position
of
director
when
a
vacancy
exists
19
in
the
office.
20
4.
Report
immediately
to
the
governor
any
failure
by
the
21
director
of
the
department
to
carry
out
any
of
the
policy
22
decisions
or
directives
of
the
board.
23
5.
Adopt
rules
in
accordance
with
chapter
17A
as
the
24
board
deems
necessary
to
transact
its
business
and
for
the
25
administration
and
exercise
of
its
powers
and
duties.
26
6.
Make
recommendations
from
time
to
time
to
the
governor
27
and
the
general
assembly.
28
7.
Perform
other
functions
as
provided
by
law.
29
Sec.
6.
NEW
SECTION
.
217A.6
Meetings.
30
The
board
shall
meet
at
least
twelve
times
a
year.
Special
31
meetings
may
be
called
by
the
chairperson
or
upon
written
32
request
of
any
three
members
of
the
board.
The
chairperson
33
shall
preside
at
all
meetings
or
in
the
chairperson’s
absence,
34
the
vice
chairperson
shall
preside.
The
members
of
the
board
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shall
be
compensated
as
provided
in
section
7E.6
when
attending
1
meetings.
2
Sec.
7.
NEW
SECTION
.
217A.7
Director
——
appointment
and
3
qualifications.
4
1.
The
chief
administrative
officer
for
the
department
5
shall
be
the
director.
The
director
shall
be
appointed
by
the
6
governor
subject
to
confirmation
by
the
senate
and
shall
serve
7
at
the
pleasure
of
the
governor.
8
2.
The
director
shall
not
be
selected
on
the
basis
of
9
political
affiliation
and
while
employed
as
the
director,
10
shall
not
be
a
member
of
a
political
committee,
participate
in
11
a
political
campaign,
be
a
candidate
for
a
partisan
elective
12
office,
and
shall
not
contribute
to
a
political
campaign
fund,
13
except
that
the
director
may
designate
on
the
checkoff
portion
14
of
the
state
or
federal
income
tax
return,
or
both,
a
party
15
or
parties
to
which
a
contribution
is
made
pursuant
to
the
16
checkoff.
The
director
shall
not
hold
any
other
office
under
17
the
laws
of
the
United
States
or
of
this
or
any
state
or
hold
18
any
position
for
profit,
and
shall
work
full-time
to
accomplish
19
the
duties
of
the
office.
20
Sec.
8.
NEW
SECTION
.
217A.8
Director
——
duties
and
21
responsibilities.
22
1.
The
director
shall:
23
a.
Supervise
the
operations
of
the
institutions
under
24
the
department’s
jurisdiction
and
may
delegate
the
powers
25
and
authorities
given
the
director
by
statute
to
officers
or
26
employees
of
the
department.
27
b.
Supervise
state
agents
whose
duties
relate
primarily
to
28
the
department.
29
c.
Establish
and
maintain
a
program
to
oversee
community
30
programs
to
foster
family
preservation
and
stabilization
and
to
31
provide
community
support
to
ensure
continuity
and
consistency
32
of
the
programs.
The
person
responsible
for
implementing
this
33
section
shall
report
to
the
director.
34
d.
The
director
may
also
provide
rehabilitative
treatment
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and
services
to
other
persons
who
require
the
services.
1
The
director
shall
identify
all
individuals
agreeing
to
2
services.
Identification
shall
be
made
by
a
qualified
medical
3
professional.
The
director
shall
consult
with
the
department
4
of
health
services
in
providing
habilitative
services
and
5
treatment
to
mentally
and
physically
challenged
persons.
6
e.
Employ,
assign,
and
reassign
personnel
as
necessary
for
7
the
performance
of
duties
and
responsibilities
assigned
to
8
the
department.
Employees
shall
be
selected
on
the
basis
of
9
fitness
for
work
to
be
performed
with
due
regard
to
training
10
and
experience
and
are
subject
to
chapter
19A.
11
f.
Examine
all
state
institutions
and
service
providers
12
to
determine
their
efficiency
for
adequate
care,
custody,
and
13
training
of
their
workers
and
report
the
findings
to
the
board.
14
g.
Prepare
a
budget
for
the
department,
subject
to
the
15
approval
of
the
board,
and
other
reports
as
required
by
law.
16
h.
Develop
long-range
planning
and
an
ongoing
five-year
17
master
plan.
The
director
shall
annually
report
to
the
general
18
assembly
to
inform
its
members
as
to
the
status
and
content
of
19
the
planning
and
master
plan.
20
i.
Supervise
services
and
service
providers
at
institutions
21
under
the
jurisdiction
of
the
department
who
receive
federal
22
or
state
tax
dollars
within
the
state
as
may
be
established
23
by
the
director.
Persons
committed
to
institutions
under
24
the
jurisdiction
of
the
department
may
be
transferred
to
the
25
facilities
of
the
system
and
upon
transfer
shall
be
subject
to
26
the
same
laws
as
pertain
to
the
transferring
institution.
27
j.
Adopt
rules,
subject
to
the
approval
of
the
board,
28
pertaining
to
the
internal
management
of
institutions
and
29
agencies
under
the
director’s
charge
and
necessary
to
carry
out
30
the
duties
and
powers
outlined
in
this
section.
31
2.
The
director
may
establish,
for
any
service
provider,
32
the
guidelines
of
creating,
implementing,
and
facilitating
an
33
individual
self-sufficiency
plan
or
a
family
self-sufficiency
34
plan.
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3.
The
director
may
establish
a
bonus
pay
system
for
1
case
managers
whose
cases
result
in
family
stabilization
and
2
preservation
and
the
protection
of
families
in
crisis.
3
4.
The
director
may
expend
moneys
from
the
support
4
allocation
of
the
department
as
reimbursement
for
the
5
replacement
or
repair
of
personal
items
of
the
department’s
6
employees
damaged
or
destroyed
by
clients
of
the
department
7
while
the
employee
is
working.
However,
the
reimbursement
8
shall
not
exceed
one
hundred
fifty
dollars
for
each
item.
The
9
director
shall
establish
rules
in
accordance
with
chapter
17A
10
to
carry
out
the
purpose
of
this
subsection.
11
5.
The
director
may
obtain
assistance
for
the
department
12
including
construction,
facility
planning,
data
processing,
and
13
project
accomplishment
by
contracting
under
chapter
28E
with
14
the
department
of
general
services.
15
Sec.
9.
NEW
SECTION
.
217A.9
Official
seal.
16
The
department
shall
have
an
official
seal
with
the
words
17
“Iowa
Department
of
Family
Stabilization
and
Preservation”
18
and
other
engraved
design
as
the
board
prescribes.
Every
19
commission,
order,
or
other
paper
of
an
official
nature
20
executed
by
the
department
may
be
attested
with
the
seal.
21
Sec.
10.
NEW
SECTION
.
217A.10
Travel
expenses.
22
The
director,
staff
members,
assistants,
and
employees,
23
in
addition
to
a
salary,
shall
receive
necessary
travel
24
expenses,
calculated
based
on
the
nearest
practicable
route
of
25
travel
when
engaged
in
the
performance
of
official
business.
26
Permission
shall
not
be
granted
to
any
person
to
travel
to
27
another
state
except
by
approval
of
the
board.
28
Sec.
11.
NEW
SECTION
.
217A.11
Report
by
department.
29
Annually,
at
the
time
provided
by
law,
the
department
shall
30
make
a
report
to
the
governor
and
the
general
assembly
which
31
shall
cover
the
annual
period
ending
June
30
preceding
the
date
32
of
the
report
and
shall
include
all
of
the
following:
33
1.
An
itemized
statement
of
the
department’s
expenditures
34
for
each
program
under
the
department’s
administration.
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2.
Adequate
and
complete
statistical
reports
for
the
state
1
as
a
whole
concerning
payments
made
under
the
department’s
2
administration.
3
3.
Recommendations
concerning
changes
in
laws
under
the
4
department’s
administration
as
the
board
deems
necessary.
5
4.
Observations
and
recommendations
of
the
board
and
the
6
director
relative
to
the
programs
of
the
department.
7
5.
Information
concerning
long-range
planning
and
the
8
master
plan
as
provided
by
section
217A.8,
subsection
1,
9
paragraph
“h”
.
10
6.
Other
information
the
board
or
the
director
deems
11
advisable
or
which
is
requested
by
the
governor
or
the
general
12
assembly.
13
Sec.
12.
NEW
SECTION
.
217A.12
Confidentiality
of
records
14
——
report.
15
1.
The
following
information
regarding
individuals
16
receiving
services
from
the
department
is
confidential:
17
a.
Names
and
addresses
of
individuals
receiving
services
18
from
the
department,
and
the
types
of
services
or
amounts
of
19
assistance
provided,
except
as
otherwise
provided
in
subsection
20
4.
21
b.
Information
concerning
the
social
or
economic
conditions
22
or
circumstances
of
a
particular
individual
who
is
receiving
or
23
has
received
services
or
assistance
from
the
department.
24
c.
Agency
evaluations
of
information
about
a
particular
25
individual.
26
d.
Medical
or
psychiatric
data
including
diagnosis
and
27
past
history
of
disease
or
disability
concerning
a
particular
28
individual.
29
2.
Information
described
in
subsection
1
shall
not
be
30
disclosed
to
or
used
by
any
person
or
agency
except
for
the
31
purposes
of
administration
of
the
department’s
programs
of
32
services
or
assistance
and
shall
not,
except
as
otherwise
33
provided
in
subsection
4,
be
disclosed
to
or
used
by
persons
34
or
agencies
outside
the
department
unless
they
are
subject
to
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standards
of
confidentiality
comparable
to
those
imposed
on
the
1
department
by
this
section.
2
3.
This
section
does
not
restrict
the
disclosure
or
use
3
of
information
regarding
the
cost,
purpose,
number
of
persons
4
served
or
assisted
by,
and
results
of
any
program
administered
5
by
the
department,
and
other
general
and
statistical
6
information,
so
long
as
the
information
does
not
identify
7
particular
individuals
served
or
assisted.
8
4.
a.
The
general
assembly
finds
and
determines
that
9
the
use
and
disclosure
of
information
as
provided
in
this
10
subsection
is
for
purposes
directly
connected
with
the
11
administration
of
the
programs
of
services
and
assistance
12
referred
to
in
this
section
and
is
essential
for
proper
13
administration.
14
b.
Confidential
information
described
in
subsection
1,
15
paragraphs
“a”
,
“b”
,
and
“c”
,
shall
be
disclosed
to
public
16
officials
for
use
in
connection
with
official
duties
relating
17
to
law
enforcement,
audits,
and
other
purposes
directly
18
connected
with
the
administration
of
the
programs,
upon
written
19
application
to,
and
with
the
approval
of
the
director
or
the
20
director’s
designee.
21
5.
Any
reasonable
grounds
to
believe
that
a
public
employee
22
has
violated
a
provision
of
this
section
is
grounds
for
23
immediate
removal
from
any
access
to
confidential
records
or
24
suspension
from
duty
without
pay.
25
6.
If
it
is
established
that
a
provision
of
this
section
26
would
cause
any
of
the
department’s
programs
of
services
27
or
assistance
to
become
ineligible
for
federal
funds,
the
28
provision
shall
be
limited
or
restricted
to
the
extent
29
necessary
to
make
the
program
eligible
for
federal
funds.
The
30
department
shall
adopt
rules
pursuant
to
chapter
17A
necessary
31
to
implement
this
subsection.
32
7.
Violation
of
this
section
is
a
serious
misdemeanor.
33
8.
This
section
takes
precedence
over
section
17A.12,
34
subsection
7.
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Sec.
13.
NEW
SECTION
.
217A.13
Action
for
damages.
1
A
person
may
institute
a
civil
action
for
damages
under
2
chapter
232
or
to
restrain
the
dissemination
of
confidential
3
records
set
out
in
section
217A.12,
subsection
1,
in
violation
4
of
that
section,
and
a
person,
agency,
governmental
body,
5
or
similar
entity,
proven
to
have
disseminated
or
to
have
6
requested
and
received
confidential
records
in
violation
of
7
section
217A.12,
subsection
1,
is
liable
for
actual
damages
and
8
exemplary
damages
for
each
violation,
and
shall
be
liable
for
9
court
costs,
expenses,
and
reasonable
attorney
fees
incurred
by
10
the
party
bringing
the
action.
The
award
for
damages
shall
not
11
be
less
than
one
hundred
dollars.
12
Sec.
14.
NEW
SECTION
.
217A.14
Powers
of
governor
——
report
13
of
abuses.
14
Section
217A.8,
subsection
1,
paragraph
“a”
,
does
not
15
limit
the
general
supervisory
or
examining
powers
vested
in
16
the
governor
by
the
laws
or
constitution
of
the
state,
or
17
legally
vested
by
the
governor
in
a
committee
appointed
by
18
the
governor.
The
superintendent
of
an
institution
shall
19
make
reports
to
the
board
and
the
director
as
requested
by
20
the
board
and
the
director,
and
the
director
shall
report,
in
21
writing,
to
the
governor
any
abuses
found
to
exist
in
any
of
22
the
institutions.
23
Sec.
15.
NEW
SECTION
.
217A.15
Appointment
of
24
superintendents
of
institutions.
25
1.
The
director
shall
appoint,
subject
to
the
approval
of
26
the
board,
a
superintendent
of
an
institution.
27
2.
A
superintendent
has
the
immediate
custody
and
control,
28
subject
to
the
orders
and
policies
of
the
director,
of
all
29
property
used
in
connection
with
the
institution
except
as
30
otherwise
provided
by
law.
31
3.
The
tenure
of
a
superintendent
shall
be
at
the
pleasure
32
of
the
director,
but
a
superintendent
may
be
removed
for
33
inability
or
refusal
to
properly
perform
the
duties
of
the
34
office.
Removal
shall
occur
only
after
an
opportunity
to
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be
heard
before
the
board
and
the
director
and
upon
written
1
charges.
The
removal
when
made
is
final.
2
Sec.
16.
NEW
SECTION
.
217A.16
Subordinate
officers
and
3
employees.
4
The
director
shall
determine
the
number
of
subordinate
5
officers
and
employees
for
each
institution,
and
the
6
compensation
for
subordinate
officers
and
employees.
Subject
7
to
this
chapter,
the
subordinate
officers
and
employees
shall
8
be
appointed
and
discharged
by
the
superintendent
who
shall
9
keep
in
the
record
of
each
subordinate
officer
and
employee
the
10
date
of
employment,
the
compensation,
and
the
date
of
and
the
11
reasons
for
each
discharge.
12
DIVISION
II
13
JUVENILE
JUSTICE
PROVISIONS
14
Sec.
17.
FINDINGS
——
FAMILIAL
RIGHTS.
15
1.
The
legislature
finds
that
the
familial
rights
and
16
the
liberty
of
families
of
origin
to
direct
the
upbringing,
17
education,
and
care
of
their
children
is
a
fundamental
right.
18
The
first
amendment
to
the
Constitution
of
the
United
States
19
guarantees
the
right
of
parents
and
children
to
have
and
20
maintain
intimate
and
expressive
close
family
relations
and
21
parent-child
freedom
of
speech,
association,
worship,
and
22
family
privacy,
the
regulation
of
which
shall
be
subject
to
23
strict
scrutiny,
and
the
state
shall
not
interfere
with
these
24
rights
except
upon
the
most
compelling
of
justifications
in
25
compliance
with
narrowly
tailored
laws
and
only
where
the
26
state
has
demonstrated
that
the
means
employed
are
the
least
27
restrictive
means
relating
to
the
rights
of
both
parents
and
28
children.
When
the
state
interferes
with
these
first
amendment
29
rights,
the
state
irreparably
harms
children.
30
2.
The
familial
right
to
direct
education
includes
the
31
rights
of
parents
to
choose,
as
an
alternative
to
public
32
education,
private,
religious,
and
home
school
education.
A
33
parent
shall
have
the
right
to
make
reasonable
choices
for
34
their
child
attending
public
school
including
the
right
to
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make
reasonable
medical
decisions
and
to
train,
direct,
and
1
discipline
their
child
in
an
appropriately
corrective
manner
2
and
in
a
manner
that
promotes
good
citizenship.
3
3.
The
United
States
or
the
state
shall
not
infringe
on
4
the
rights
of
families
guaranteed
by
this
section
without
5
demonstrating
that
a
governmental
interest
is
of
the
highest
6
order
and
not
capable
of
being
achieved
by
less
restrictive
7
means.
The
familial
rights
guaranteed
by
this
section
shall
8
not
be
denied
or
abridged
due
to
any
disability.
9
4.
This
section
shall
not
be
construed
to
apply
to
parental
10
actions
or
decisions
that
would
place
a
child
in
imminent
11
danger
as
defined
in
section
232.2.
12
5.
No
treaty
may
be
adopted
nor
shall
any
international
law
13
be
employed
to
supersede,
modify,
interpret,
or
apply
to
the
14
rights
guaranteed
by
this
section.
15
Sec.
18.
Section
232.1,
Code
2020,
is
amended
to
read
as
16
follows:
17
232.1
Rules
of
construction.
18
1.
This
chapter
shall
be
liberally
construed
to
the
end
19
that
each
child
under
the
jurisdiction
of
the
court
shall
20
receive,
preferably
in
the
child’s
own
home,
the
care,
guidance
21
and
control
that
will
best
serve
the
child’s
welfare
and
the
22
best
interest
of
the
state
,
will
preserve
constitutionally
23
protected
rights,
and
will
protect
the
relationship
of
a
child
24
to
and
with
a
child’s
family
of
origin,
all
of
which
serve
25
the
interests
of
the
state
.
When
a
child
is
removed
from
the
26
control
of
the
child’s
parents,
the
court
shall
secure
for
27
the
child
care
as
nearly
as
possible
equivalent
to
that
which
28
should
have
been
given
by
the
parents.
29
2.
Compelling
justification
is
required
for
the
state
30
to
interfere
in
the
private
family
realm
and
to
infringe
on
31
first
amendment
associational
rights
of
parents
and
children.
32
A
court
shall
be
required
to
make
case
and
fact-specific
33
determinations
relating
to
due
process
given
the
substantive
34
rights
at
issue,
and
shall
be
required
to
perform
a
fact
and
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case-specific
substantive
rights
analysis
based
on
a
clear
and
1
convincing
evidentiary
standard.
If
the
proper
standard
has
2
been
met
to
invoke
the
state’s
parens
patriae
power,
a
proper
3
state
agency
investigation
that
preserves
the
rights
of
the
4
accused
as
well
as
the
child
shall
be
undertaken
while
securing
5
a
safe
and
secure
home
for
the
child.
6
3.
If
a
child
is
removed
from
a
child’s
home
and
a
family
7
member
of
the
child
cannot
assume
responsibility
for
the
8
child,
closely
monitored
safety
and
welfare
checks
of
the
9
child’s
placement
with
a
person
other
than
a
family
member
10
shall
be
required.
The
child
shall
only
be
removed
from
the
11
natural
parent’s
home
long
enough
to
ensure
that
any
imminently
12
dangerous
situation
is
addressed
and
care
has
been
taken
to
13
correct
the
imminent
danger.
14
4.
A
state
agency
shall
not
require
any
natural
parent
to
15
admit
to
any
act
or
omission
as
a
condition
of
maintaining
an
16
association
with
and
possession
of
their
child.
Matters
of
17
conscience,
differences
of
opinion,
beliefs,
and
values
between
18
natural
parents
and
the
state
shall
not
be
used
as
evidence
19
against
a
natural
parent.
When
evaluating
the
severity
of
harm
20
to
a
child,
no
presumption
exists
that
a
child
placed
in
foster
21
care
will
not
suffer
any
harm.
The
state
shall
establish
22
evidence-based
balancing
metrics
of
risk
and
severity
based
23
on
the
abuse
children
receive
in
foster
care
and
the
harm
the
24
children
suffer
when
that
abuse
is
a
result
of
the
acts
or
25
omissions
of
a
caretaker
to
whom
such
children
are
not
bonded.
26
Sec.
19.
Section
232.2,
subsection
2,
Code
2020,
is
amended
27
to
read
as
follows:
28
2.
“Adjudicatory
hearing”
means
a
hearing
to
determine
if
29
the
allegations
of
a
petition
are
true
,
and
to
obtain
a
just,
30
fair,
equitable,
and
impartial
adjudication
of
the
rights
of
31
parties
under
established
principles
of
substantive
law.
This
32
objective
shall
be
attained
expeditiously
and
at
the
least
33
expense
to
the
parties
and
the
state
as
is
practicable
.
34
Sec.
20.
Section
232.2,
subsection
4,
Code
2020,
is
amended
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by
striking
the
subsection.
1
Sec.
21.
Section
232.2,
subsection
6,
paragraph
e,
Code
2
2020,
is
amended
to
read
as
follows:
3
e.
Who
is
in
need
of
medical
treatment
to
cure,
alleviate,
4
or
prevent
serious
physical
injury
or
illness
and
whose
parent,
5
guardian,
or
custodian
is
unwilling
or
unable
to
provide
such
6
treatment.
7
Sec.
22.
Section
232.2,
subsection
6,
paragraph
m,
Code
8
2020,
is
amended
to
read
as
follows:
9
m.
Who
is
in
need
of
treatment
to
cure
or
alleviate
10
chemical
dependency
and
whose
parent,
guardian,
or
custodian
is
11
unwilling
or
unable
to
provide
such
treatment.
12
Sec.
23.
Section
232.2,
subsection
6,
paragraph
p,
13
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
14
follows:
15
Whose
parent,
guardian,
custodian,
or
other
adult
member
16
of
the
household
in
which
a
child
resides
does
any
of
the
17
following:
unlawfully
uses,
possesses,
manufactures
,
18
cultivates,
or
distributes
a
dangerous
substance
in
the
19
presence
of
a
child;
or
knowingly
allows
such
use,
possession,
20
manufacture
,
cultivation,
or
distribution
by
another
person
21
in
the
presence
of
a
child;
or
possesses
a
product
with
the
22
intent
to
use
the
product
as
a
precursor
or
an
intermediary
to
23
a
dangerous
substance
in
the
presence
of
a
child;
or
unlawfully
24
uses,
possesses,
manufactures
,
cultivates,
or
distributes
a
25
dangerous
substance
specified
in
subparagraph
(2),
subparagraph
26
division
(a),
(b),
or
(c),
in
a
child’s
home,
on
the
premises,
27
or
in
a
motor
vehicle
located
on
the
premises.
28
Sec.
24.
Section
232.2,
subsection
6,
paragraph
p,
29
subparagraph
(1),
Code
2020,
is
amended
to
read
as
follows:
30
(1)
For
the
purposes
of
this
paragraph,
“in
the
presence
of
31
a
child”
means
in
the
physical
presence
of
a
child
or
occurring
32
under
other
circumstances
in
which
a
reasonably
prudent
person
33
would
know
that
the
use,
possession,
manufacture
,
cultivation,
34
or
distribution
may
be
seen
,
smelled,
or
ingested
,
or
heard
by
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a
child
.
1
Sec.
25.
Section
232.2,
subsection
13,
Code
2020,
is
amended
2
to
read
as
follows:
3
13.
“Department”
means
the
department
of
human
services
4
family
stabilization
and
preservation
created
pursuant
to
5
section
217A.2
and
includes
the
local,
county,
and
service
area
6
officers
of
the
department.
7
Sec.
26.
Section
232.2,
subsection
17,
Code
2020,
is
amended
8
to
read
as
follows:
9
17.
“Director”
means
the
director
of
the
department
of
human
10
services
family
stabilization
and
preservation
or
that
person’s
11
designee.
12
Sec.
27.
Section
232.2,
subsection
20,
Code
2020,
is
amended
13
to
read
as
follows:
14
20.
“Family
in
need
of
assistance”
means
a
family
in
which
15
there
has
been
a
breakdown
in
the
relationship
between
a
child
16
and
the
child’s
parent,
guardian,
or
custodian
,
or
a
family
in
17
need
of
stabilization
resources
and
services
.
18
Sec.
28.
Section
232.2,
subsection
22,
paragraph
b,
19
subparagraphs
(1)
and
(5),
Code
2020,
are
amended
to
read
as
20
follows:
21
(1)
Conducting
in-person
interviews
with
the
child,
if
the
22
child’s
age
is
appropriate
for
the
interview,
and
interviewing
23
each
parent,
guardian,
or
other
person
having
custody
of
the
24
child,
if
authorized
by
counsel.
All
interviews
conducted
25
shall
be
recorded
and
made
a
part
of
the
court
record.
26
(5)
Obtaining
firsthand
knowledge
,
if
possible,
of
the
27
facts,
circumstances,
and
parties
involved
in
the
matter
in
28
which
the
person
is
appointed
guardian
ad
litem.
29
Sec.
29.
Section
232.2,
subsection
22,
paragraph
c,
Code
30
2020,
is
amended
to
read
as
follows:
31
c.
The
order
appointing
the
guardian
ad
litem
shall
grant
32
authorization
to
the
guardian
ad
litem
to
interview
any
33
relevant
person
and
inspect
and
copy
any
records
relevant
to
34
the
proceedings,
if
not
prohibited
by
federal
law.
The
order
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shall
specify
that
the
guardian
ad
litem
may
interview
any
1
person
providing
medical,
mental
health,
social,
educational,
2
or
other
services
to
the
child,
may
attend
any
departmental
3
staff
meeting,
case
conference,
or
meeting
with
medical
or
4
mental
health
providers,
service
providers,
organizations,
5
or
educational
institutions
regarding
the
child,
if
deemed
6
necessary
by
the
guardian
ad
litem,
and
may
shall
inspect
and
7
copy
any
records
relevant
to
the
proceedings.
8
Sec.
30.
Section
232.2,
Code
2020,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
23A.
“Imminent
danger”
means
an
emergency
11
situation
in
which
the
welfare
or
life
of
a
child
is
12
threatened.
A
child
is
in
imminent
danger
when
there
is
13
reasonable
cause
to
believe
one
of
the
following
conditions
14
exist
and
substantial
additional
harm
threatening
the
life
15
or
health
of
a
child
is
likely
to
occur
before
a
court
order
16
authorizing
removal
of
a
child
from
a
child’s
home
is
obtained:
17
a.
Prostitution,
coerced
sexual
activity,
or
coerced
sexual
18
exploitation.
19
b.
Nonaccidental
trauma
inflicted
by
a
parent,
guardian,
20
custodian,
sibling,
child
care
provider
or
other
caretaker,
to
21
include
intentional
infliction
of
bodily
injury
resulting
in
22
broken
bones,
burns,
lacerations,
or
beatings.
23
c.
Nutritional
deprivation
in
circumstances
involving
24
nonorganic
failure
to
thrive
of
a
child
under
five
years
of
age
25
or
of
a
child
who
is
physically
or
mentally
challenged
who
is
26
malnourished
or
dehydrated
to
such
a
degree
that
the
child
is
27
in
immediate
jeopardy
of
loss
of
life
or
subject
to
permanent
28
physical
impairment
unless
treatment
is
provided
immediately.
29
d.
Abandonment.
30
e.
A
condition
requiring
emergency
medical
treatment
which,
31
if
left
untreated,
will
likely
result
in
permanent
physical
32
damage.
In
such
a
situation,
a
parent
who
seeks
secondary
or
33
alternative
medical
advice
shall
not
be
deemed
as
unreasonable
34
or
unwilling
to
provide
care.
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f.
Substantial
emotional
injury
which
shall
include
only
the
1
threat
of
imminent
suicide
of
a
child
which
a
parent,
guardian,
2
custodian,
or
other
caretaker
is
unwilling
to
address
or
take
3
precautionary
measures
to
avoid.
4
Sec.
31.
Section
232.2,
subsection
39,
Code
2020,
is
amended
5
to
read
as
follows:
6
39.
“Parent”
means
a
biological
or
adoptive
mother
or
father
7
of
a
child
;
or
a
father
whose
paternity
has
been
established
by
8
operation
of
law
due
to
the
individual’s
marriage
to
the
mother
9
at
the
time
of
conception,
birth,
or
at
any
time
during
the
10
period
between
conception
and
birth
of
the
child,
by
order
of
11
a
court
of
competent
jurisdiction,
or
by
administrative
order
12
when
authorized
by
state
law.
“Parent”
but
does
not
include
a
13
mother
or
father
whose
parental
rights
have
been
terminated.
14
Sec.
32.
Section
232.2,
subsection
45A,
Code
2020,
is
15
amended
to
read
as
follows:
16
45A.
“Reasonable
and
prudent
parent
standard”
means
the
17
same
as
defined
in
section
237.1
a
standard
for
a
parent,
18
guardian,
custodian,
or
an
out-of-home
care
provider
to
use
19
in
making
decisions
concerning
a
child’s
participation
in
age
20
or
developmentally
appropriate
extracurricular,
enrichment,
21
cultural,
and
social
activities
that
are
characterized
by
22
careful
and
sensible
parental
decisions
that
maintain
the
23
health,
safety,
best
interests,
and
cultural,
religious,
and
24
tribal
values
of
the
child
while
at
the
same
time
encouraging
25
the
emotional
and
developmental
growth
of
the
child.
For
26
purposes
of
this
subsection,
“age
or
developmentally
appropriate
27
activities”
means
activities
that
are
generally
accepted
as
28
suitable
for
children
of
a
given
chronological
age
or
level
29
of
maturity
or
that
are
determined
to
be
developmentally
30
appropriate
for
a
child
based
on
the
cognitive,
emotional,
31
physical,
and
behavioral
capacities
that
are
typical
of
32
children
of
a
given
age
or
age
group
or,
in
the
case
of
a
33
specific
child,
activities
that
are
suitable
for
the
child
34
based
on
the
cognitive,
emotional,
physical,
and
behavioral
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capacities
of
that
child
.
1
Sec.
33.
Section
232.2,
subsection
47,
Code
2020,
is
amended
2
to
read
as
follows:
3
47.
“Residual
parental
rights
and
responsibilities”
means
4
those
rights
and
responsibilities
remaining
with
the
parent
5
after
transfer
of
legal
custody
or
guardianship
of
the
6
person
of
the
child.
These
include
but
are
not
limited
to
7
the
right
of
visitation,
the
right
to
consent
to
adoption,
8
the
right
to
make
educational
and
medical
decisions,
and
the
9
responsibility
for
support
up
to
the
point
of
any
termination
10
of
the
parent-child
relationship
and
adoption.
A
parent
who
11
completes
the
necessary
steps
to
have
their
child
returned
to
12
their
care
shall
not
be
required
to
reimburse
the
state.
Such
13
a
parent
shall
be
deemed
to
be
a
family
in
need
of
assistance
14
who
received
stabilization
services
and
resources
.
15
Sec.
34.
Section
232.2,
Code
2020,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
54A.
“Stabilization
plan”
means
the
plan,
18
mandated
by
Pub.
L.
No.
96-272
and
Pub.
L.
No.
105-89,
as
19
codified
in
42
U.S.C.
§622(b)(10),
671(a)(16),
and
675(1),(5),
20
which
is
designed
to
achieve
placement
in
the
most
appropriate,
21
least
restrictive,
and
most
family-like
setting
available
22
and
in
close
proximity
to
the
parent’s
home,
consistent
with
23
the
best
interests
and
special
needs
of
the
child,
and
which
24
considers
the
placement’s
proximity
to
the
school
in
which
the
25
child
is
enrolled
at
the
time
of
placement.
The
plan
shall
be
26
developed
by
the
department
or
agency
involved
and
the
child’s
27
parent,
guardian,
or
custodian.
The
plan
shall
specifically
28
include
all
of
the
following:
29
a.
Plans
for
carrying
out
the
voluntary
placement
agreement
30
or
judicial
determination
pursuant
to
which
the
child
entered
31
care.
32
b.
The
type
and
appropriateness
of
the
placement
and
33
services
to
be
provided
to
the
child
or
services
needed
by
the
34
family
with
detailed
information
of
how
the
services
benefit
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the
family
and
how
such
services
will
help
solve
the
family’s
1
issues.
2
c.
The
care
and
services
that
will
be
provided
to
the
3
child,
biological
parents,
and
foster
parents,
with
a
detailed
4
description
of
how
the
services
promote
the
goal
of
keeping
the
5
family
remaining
intact.
6
d.
How
the
care
and
services
will
meet
the
needs
of
the
7
child
while
in
care
and
will
facilitate
the
child’s
return
home
8
or
other
permanent
placement.
9
e.
The
most
recent
information
available
regarding
the
10
child’s
health
and
education
records,
including
the
date
the
11
records
were
supplied
to
the
agency
or
individual
who
is
12
the
child’s
foster
care
provider.
If
the
child
remains
in
13
foster
care
until
the
age
of
majority,
the
child
is
entitled
14
to
receive,
prior
to
discharge,
the
most
recent
information
15
available
regarding
the
child’s
health
and
educational
records.
16
f.
Plans
for
retaining
any
suitable
existing
medical,
17
dental,
or
mental
health
providers
providing
medical,
dental,
18
or
mental
health
care
to
the
child
when
the
child
entered
19
foster
care.
20
g.
(1)
When
a
child
is
fourteen
years
of
age
or
older,
21
a
written
transition
plan
of
services,
supports,
activities,
22
and
referrals
to
programs
which,
based
upon
an
assessment
of
23
the
child’s
needs,
would
assist
the
child
in
preparing
for
the
24
transition
from
foster
care
to
adulthood.
The
transition
plan
25
and
needs
assessment
shall
be
developed
with
a
focus
on
the
26
services,
other
support,
and
actions
necessary
to
facilitate
27
the
child’s
successful
entry
into
adulthood.
The
transition
28
plan
shall
be
personalized
at
the
direction
of
the
child
and
29
shall
be
developed
with
the
child
present,
honoring
the
goals
30
and
concerns
of
the
child,
and
shall
address
the
following
31
areas
of
need
for
the
child’s
successful
transition
from
foster
32
care
to
adulthood,
including
but
not
limited
to
all
of
the
33
following:
34
(a)
Education.
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(b)
Employment
services
and
other
workforce
support.
1
(c)
Health
and
health
care
coverage.
2
(d)
Housing
and
money
management.
3
(e)
Relationships,
including
local
opportunities
to
have
a
4
mentor.
5
(f)
If
the
needs
assessment
indicates
the
child
is
6
reasonably
likely
to
need
or
be
eligible
for
services
or
7
other
support
from
the
adult
service
system
upon
reaching
age
8
eighteen,
the
transition
plan
shall
provide
for
the
child’s
9
application
for
adult
services.
10
(2)
The
transition
plan
shall
be
considered
a
working
11
document
and
shall
be
reviewed
and
updated
during
a
periodic
12
case
review,
which
shall
occur
at
a
minimum
of
once
every
13
six
months.
The
transition
plan
shall
also
be
reviewed
and
14
updated
during
the
ninety
calendar-day
period
preceding
the
15
child’s
eighteenth
birthday
and
during
the
ninety
calendar-day
16
period
immediately
preceding
the
date
the
child
is
expected
to
17
exit
foster
care,
if
the
child
remains
in
foster
care
after
18
the
child’s
eighteenth
birthday.
The
transition
plan
may
be
19
reviewed
and
updated
more
frequently.
20
(3)
The
transition
plan
shall
be
developed
and
reviewed
21
by
the
department
in
collaboration
with
a
child-centered
22
transition
team.
The
transition
team
shall
be
comprised
of
23
the
child’s
caseworker
and
persons
selected
by
the
child,
24
persons
who
have
knowledge
of
services
available
to
the
child,
25
and
any
person
who
may
reasonably
be
expected
to
be
a
service
26
provider
for
the
child
when
the
child
becomes
an
adult
or
to
27
become
responsible
for
the
costs
of
services
at
that
time.
28
If
the
child
is
reasonably
likely
to
need
or
be
eligible
for
29
adult
services,
the
transition
team
membership
shall
include
30
representatives
from
the
adult
services
system.
The
membership
31
of
the
transition
team
and
the
meeting
dates
for
the
team
shall
32
be
documented
in
the
transition
plan.
33
(4)
The
final
transition
plan
shall
specifically
identify
34
how
the
need
for
housing
will
be
addressed.
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(5)
If
the
child
is
interested
in
pursuing
higher
education,
1
the
transition
plan
shall
provide
for
the
child’s
participation
2
in
the
college
student
aid
commission’s
program
of
assistance
3
in
applying
for
federal
and
state
aid
under
section
261.2.
4
(6)
If
the
needs
assessment
indicates
the
child
is
5
reasonably
likely
to
need
or
be
eligible
for
services
or
6
other
support
from
the
adult
service
system
upon
reaching
age
7
eighteen,
the
transition
plan
shall
be
reviewed
and
approved
8
by
the
transition
committee
for
the
area
in
which
the
child
9
resides,
in
accordance
with
section
235.7,
before
the
child
10
reaches
age
seventeen
and
one-half.
The
transition
committee’s
11
review
and
approval
shall
be
indicated
in
the
case
permanency
12
plan.
13
(7)
The
transition
plan
shall
include
a
provision
for
the
14
department
or
a
designee
of
the
department
on
or
before
the
15
date
the
child
reaches
age
eighteen,
unless
the
child
has
been
16
placed
in
foster
care
for
less
than
thirty
days,
to
provide
17
to
the
child
written
verification
of
the
child’s
foster
care
18
status,
and
a
certified
copy
of
the
child’s
birth
certificate,
19
social
security
card,
and
driver’s
license
or
government-issued
20
nonoperator’s
identification
card.
The
fee
for
the
certified
21
copy
of
the
child’s
birth
certificate
that
is
otherwise
22
chargeable
under
section
144.13A,
144.46,
or
331.605
shall
be
23
waived
by
the
state
or
county
registrar.
24
h.
The
actions
expected
of
the
parent,
guardian,
or
25
custodian
in
order
for
the
department
or
agency
to
recommend
26
that
the
court
terminate
a
dispositional
order
for
the
child’s
27
out-of-home
placement
and
for
the
department
or
agency
to
end
28
its
involvement
with
the
child
and
the
child’s
family.
29
i.
If
reasonable
efforts
to
place
a
child
for
adoption
30
or
with
a
guardian
are
made
concurrently
with
reasonable
31
efforts
as
defined
in
section
232.102,
the
concurrent
goals
32
and
timelines
may
be
identified.
Concurrent
case
permanency
33
plan
goals
for
reunification,
and
for
adoption
or
for
other
34
permanent
out-of-home
placement
of
a
child
shall
not
be
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considered
inconsistent
in
that
the
goals
reflect
divergent
1
possible
outcomes
for
a
child
in
an
out-of-home
placement.
2
j.
A
provision
that
a
designee
of
the
department
or
other
3
person
responsible
for
placement
of
a
child
out
of
state
shall
4
visit
the
child
at
least
once
every
six
months.
5
k.
If
it
has
been
determined
that
the
child
cannot
return
to
6
the
child’s
home,
documentation
of
the
steps
taken
to
make
and
7
finalize
an
adoption
or
other
permanent
placement.
8
l.
If
it
is
part
of
the
child’s
records
or
it
is
otherwise
9
known
that
the
child
has
behaved
in
a
manner
that
threatened
10
the
safety
of
another
person,
has
committed
a
violent
act
11
causing
bodily
injury
to
another
person,
or
has
been
a
victim
12
or
perpetrator
of
sexual
abuse,
that
information
shall
be
13
addressed
in
the
plan
and
shall
be
provided
to
the
child’s
14
parent,
guardian,
or
foster
parent
or
other
person
with
custody
15
of
the
child.
The
information
shall
be
provided
whether
the
16
child’s
placement
is
voluntary
or
made
pursuant
to
a
court
17
determination.
The
information
shall
be
provided
at
the
time
18
it
is
learned
by
the
department
or
agency
developing
the
plan
19
and,
if
possible,
at
the
time
of
the
child’s
placement.
The
20
information
shall
only
be
withheld
if
ordered
by
the
court
21
or
it
is
determined
by
the
department
or
agency
developing
22
the
plan
that
providing
the
information
would
be
detrimental
23
to
the
child
or
to
the
family
with
whom
the
child
is
living.
24
In
determining
whether
providing
the
information
would
be
25
detrimental,
the
court,
department,
or
agency
shall
consider
26
any
history
of
abuse
within
the
child’s
family
or
toward
the
27
child.
28
m.
The
provisions
involving
sibling
visitation
or
29
interaction
required
under
section
232.108.
30
n.
Documentation
of
the
educational
stability
of
the
child
31
while
in
foster
care.
The
documentation
shall
include
but
is
32
not
limited
to
all
of
the
following:
33
(1)
Evidence
there
was
an
evaluation
of
the
appropriateness
34
of
the
child’s
educational
setting
while
in
placement
and
of
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the
setting’s
proximity
to
the
educational
setting
in
which
the
1
child
was
enrolled
at
the
time
of
placement.
2
(2)
An
assurance
either
that
the
department
coordinated
3
with
appropriate
local
educational
agencies
to
identify
how
4
the
child
could
remain
in
the
educational
setting
in
which
5
the
child
was
enrolled
at
the
time
of
placement
or,
if
it
was
6
determined
it
was
not
in
the
child’s
best
interest
to
remain
7
in
that
setting,
that
the
affected
educational
agencies
would
8
immediately
and
appropriately
enroll
the
child
in
another
9
educational
setting
during
the
child’s
placement
and
ensure
10
that
the
child’s
educational
records
were
provided
for
use
11
in
the
new
educational
setting.
For
the
purposes
of
this
12
subparagraph,
“local
educational
agencies”
means
the
same
as
13
defined
in
the
federal
Elementary
and
Secondary
Education
Act
14
of
1965,
§9101,
as
codified
in
20
U.S.C.
§7801(26).
15
o.
Any
issues
relating
to
the
application
of
the
reasonable
16
and
prudent
parent
standard
and
the
child’s
participation
in
17
age
or
developmentally
appropriate
activities
while
in
foster
18
care.
19
Sec.
35.
Section
232.2,
subsection
58,
Code
2020,
is
amended
20
to
read
as
follows:
21
58.
“Voluntary
placement”
means
a
foster
care
placement
22
in
which
the
department
provides
foster
care
services
to
a
23
child
according
to
a
signed
placement
agreement
between
the
24
department
and
the
child’s
parent
or
guardian
or
a
voluntary
25
removal
made
by
and
agreed
to
by
the
parent
to
a
custodian
26
or
guardian
of
the
parent’s
choice,
who
shall
assume
the
27
responsibilities
of
the
parent
for
a
temporary
period
of
time
.
28
Sec.
36.
Section
232.57,
subsection
1,
Code
2020,
is
amended
29
to
read
as
follows:
30
1.
For
the
purposes
of
this
division
,
unless
the
context
31
otherwise
requires,
“reasonable
efforts”
means
the
same
as
32
described
in
section
232.2,
subsection
45B,
and
includes
33
efforts
made
to
prevent
permanent
removal
of
a
child
from
34
the
child’s
home
and
to
encourage
reunification
of
the
child
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with
the
child’s
parents
and
family.
Reasonable
efforts
1
shall
include
but
are
not
limited
to
giving
consideration
,
2
if
appropriate,
to
interstate
placement
of
a
child
in
the
3
permanency
planning
decisions
involving
the
child
and
giving
4
consideration
to
in-state
and
out-of-state
placement
options
at
5
a
permanency
hearing
and
when
using
concurrent
planning.
If
a
6
court
order
includes
a
determination
that
continuation
of
the
7
child
in
the
child’s
home
is
not
appropriate
or
not
possible,
8
reasonable
efforts
may
include
the
efforts
made
in
a
timely
9
manner
to
finalize
a
permanency
plan
for
the
child.
10
Sec.
37.
NEW
SECTION
.
232.60
Right
to
jury
trial.
11
Parents,
custodians,
and
guardians
shall
have
the
right
12
to
demand
a
jury
trial
in
cases
involving
child
custody
and
13
marriage
dissolution,
in
accordance
with
the
provisions
of
the
14
Constitution
of
the
United
States,
and
the
Constitution
of
the
15
State
of
Iowa.
16
Sec.
38.
Section
232.62,
subsection
2,
unnumbered
paragraph
17
1,
Code
2020,
is
amended
to
read
as
follows:
18
The
court
may
transfer
any
child
in
need
of
assistance
19
proceedings
brought
under
this
chapter
to
the
juvenile
civil
20
or
family
court
of
any
county
having
venue
at
any
stage
in
the
21
proceedings
as
follows:
22
Sec.
39.
Section
232.67,
Code
2020,
is
amended
to
read
as
23
follows:
24
232.67
Legislative
findings
——
purpose
and
policy.
25
Children
in
this
state
are
in
urgent
need
of
protection
26
from
abuse.
It
is
the
purpose
and
policy
of
this
part
2
of
27
division
III
to
provide
the
greatest
possible
protection
to
28
victims
or
potential
victims
of
abuse
through
encouraging
the
29
increased
reporting
of
suspected
cases
of
abuse,
ensuring
the
30
thorough
and
prompt
assessment
of
these
reports,
and
providing
31
rehabilitative
,
restorative,
and
stabilization
services,
where
32
appropriate
and
whenever
possible
to
abused
children
and
their
33
families
which
will
stabilize
the
home
environment
so
that
the
34
family
can
remain
intact
without
further
danger
to
the
child.
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Sec.
40.
Section
232.68,
subsection
2,
paragraph
a,
1
subparagraph
(4),
Code
2020,
is
amended
by
adding
the
following
2
new
subparagraph
division:
3
NEW
SUBPARAGRAPH
DIVISION
.
(d)
The
choice
by
a
parent
or
4
guardian
to
seek
a
second
medical
opinion
related
to
a
medical
5
condition
shall
not
be
considered
child
abuse.
6
Sec.
41.
Section
232.68,
subsections
2A
and
4,
Code
2020,
7
are
amended
to
read
as
follows:
8
2A.
“Child
protection
worker”
“Child
and
family
safety
9
investigator”
means
an
individual
designated
by
the
department
10
to
perform
an
assessment
in
response
to
a
report
of
child
abuse
11
who
does
all
of
the
following:
12
a.
Coordinates,
facilitates,
and
secures
access
to
13
recommended
services
for
a
parent,
guardian,
or
custodian
at
14
state
expense
if
the
parent,
guardian,
or
custodian
is
unable
15
to
pay
for
the
services
.
16
b.
Monitors
a
family’s
progress
in
achieving
goals
set
to
17
keep
a
child
within
the
child’s
home
and
prepares
a
report
for
18
members
of
the
family’s
care
team.
19
c.
Provides
education
and
information.
20
d.
Helps
facilitate
parenting
time.
21
e.
Protects,
preserves,
and
promotes
the
inalienable
rights
22
of
children
and
families.
23
f.
Meets
all
of
the
following
qualifications:
24
(1)
Has
earned
at
least
a
bachelor’s
degree
in
education,
25
social
work,
psychology,
sociology,
addiction
treatment,
26
family
therapy,
or
a
related
field.
A
waiver
may
be
made
if
27
a
candidate
is
within
one
year
of
completing
an
educational
28
program
in
a
subject
area
specified
in
this
subparagraph.
29
(2)
Has
at
least
two
years
of
experience
working
with
30
vulnerable
populations.
31
(3)
Has
completed
continuing
education
training
in
the
32
fundamentals
of
family
and
constitutional
rights,
diversity
33
in
cultural
and
ethnic
awareness,
indications
of
drug
use
and
34
abuse,
and
mental
health
awareness.
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(4)
Is
willing
and
able
to
pass
a
preemployment
drug
1
screening
and
agrees
to
random
drug
screening
after
employment.
2
(5)
Shall
not
have
a
history
of
violence
against
vulnerable
3
populations,
been
convicted
of
a
forcible
felony,
or
have
a
4
history
of
substance
abuse
within
the
five
years
immediately
5
preceding
employment.
6
4.
“Department”
means
the
state
department
of
human
services
7
family
stabilization
and
preservation
and
includes
the
local,
8
county,
and
service
area
offices
of
the
department.
9
Sec.
42.
Section
232.68,
subsection
3,
paragraphs
a
and
b,
10
Code
2020,
are
amended
to
read
as
follows:
11
a.
“Interview”
means
the
verbal
exchange
between
the
a
12
child
protection
worker
and
family
safety
investigator
and
the
13
child
for
the
purpose
of
developing
information
necessary
to
14
protect
the
child.
A
child
protection
worker
and
family
safety
15
investigator
is
not
precluded
from
recording
visible
evidence
16
of
abuse.
17
b.
“Observation”
means
direct
physical
viewing
of
a
child
18
under
the
age
of
four
by
the
a
child
protection
worker
and
19
family
safety
investigator
where
the
viewing
is
limited
20
to
the
child’s
body
other
than
the
genitalia
and
pubes.
21
“Observation”
also
means
direct
physical
viewing
of
a
child
22
aged
four
or
older
by
the
a
child
protection
worker
and
family
23
safety
investigator
without
touching
the
child
or
removing
24
an
article
of
the
child’s
clothing,
and
doing
so
without
the
25
consent
of
the
child’s
parent,
custodian,
or
guardian.
A
26
child
protection
worker
and
family
safety
investigator
is
27
not
precluded
from
recording
evidence
of
abuse
obtained
as
a
28
result
of
a
child’s
voluntary
removal
of
an
article
of
clothing
29
without
inducement
by
the
a
child
protection
worker
and
family
30
safety
investigator
.
However,
if
prior
consent
of
the
child’s
31
parent
or
guardian,
or
an
ex
parte
court
order,
is
obtained,
32
“observation”
may
include
viewing
the
child’s
unclothed
body
33
other
than
the
genitalia
and
pubes.
34
Sec.
43.
Section
232.68,
subsection
5,
unnumbered
paragraph
35
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1,
Code
2020,
is
amended
to
read
as
follows:
1
“Differential
response”
means
an
assessment
system
in
2
which
there
are
two
discrete
pathways
to
respond
to
accepted
3
reports
of
child
abuse,
a
child
abuse
assessment
and
a
family
4
assessment.
The
child
abuse
assessment
pathway
shall
require
a
5
determination
of
abuse
and
a
determination
of
whether
criteria
6
for
placement
on
the
central
abuse
registry
are
met
.
As
used
7
in
this
subsection
and
this
part
:
8
Sec.
44.
Section
232.68,
subsection
5,
paragraph
b,
Code
9
2020,
is
amended
to
read
as
follows:
10
b.
“Child
abuse
assessment”
means
an
assessment
process
by
11
which
the
department
responds
to
all
accepted
reports
of
child
12
abuse
which
allege
child
abuse
as
defined
in
subsection
2
,
13
paragraph
“a”
,
subparagraphs
(1)
through
(3)
and
subparagraphs
14
(5)
through
(10),
or
which
allege
child
abuse
as
defined
in
15
subsection
2
,
paragraph
“a”
,
subparagraph
(4),
that
also
16
allege
imminent
danger,
death,
or
injury
to
a
child.
A
“child
17
abuse
assessment”
results
in
a
disposition
and
a
determination
18
of
whether
a
case
meets
the
definition
of
child
abuse
and
a
19
determination
of
whether
criteria
for
placement
on
the
registry
20
are
met
.
21
Sec.
45.
Section
232.71B,
subsection
4,
paragraph
a,
22
subparagraph
(2),
Code
2020,
is
amended
to
read
as
follows:
23
(2)
An
evaluation
of
the
home
environment.
If
concerns
24
regarding
protection
of
children
are
identified
by
the
child
25
protection
worker
and
family
safety
investigator
,
the
child
26
protection
worker
and
family
safety
investigator
shall
evaluate
27
the
child
named
in
the
report
and
any
other
children
in
the
28
same
home
as
the
parents
or
other
persons
responsible
for
their
29
care.
30
Sec.
46.
Section
232.71B,
subsection
4,
paragraph
b,
31
subparagraph
(4),
Code
2020,
is
amended
to
read
as
follows:
32
(4)
An
interview
of
the
person
alleged
to
have
committed
33
the
child
abuse,
if
the
person’s
identity
and
location
are
34
known.
The
offer
of
an
interview
shall
be
made
to
the
person
35
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prior
to
any
consideration
or
determination
being
made
that
1
the
person
committed
the
alleged
abuse.
The
person
shall
be
2
informed
of
the
complaint
or
allegation
made
regarding
the
3
person.
The
person
shall
be
informed
in
a
manner
that
protects
4
the
confidentiality
rights
of
the
individual
who
reported
the
5
child
abuse
or
provided
information
as
part
of
the
assessment
6
process
and
the
constitutional
rights
of
the
child
and
the
7
family
against
whom
the
complaint
was
made
.
The
purpose
of
the
8
interview
shall
be
to
provide
the
person
with
the
opportunity
9
to
explain
or
rebut
the
allegations
of
the
child
abuse
report
10
or
other
allegations
made
during
the
assessment.
The
court
11
may
waive
the
requirement
to
offer
the
interview
only
for
12
good
cause.
The
person
offered
an
interview,
or
the
person’s
13
attorney
on
the
person’s
behalf,
may
decline
the
offer
of
an
14
interview
of
the
person.
15
Sec.
47.
Section
232.71B,
subsection
7,
Code
2020,
is
16
amended
to
read
as
follows:
17
7.
Facility
or
school
visit.
The
assessment
may
include
18
a
visit
to
a
facility
providing
care
to
the
child
named
in
19
the
report
or
to
any
public
or
private
school
subject
to
the
20
authority
of
the
department
of
education
where
the
child
named
21
in
the
report
is
located.
The
administrator
of
a
facility,
22
or
a
public
or
private
school
shall
cooperate
with
the
child
23
protection
worker
and
family
safety
investigator
by
providing
24
confidential
access
to
the
child
named
in
the
report
for
the
25
purpose
of
interviewing
the
child,
and
shall
allow
the
child
26
protection
worker
and
family
safety
investigator
confidential
27
access
to
other
children
for
the
purpose
of
conducting
28
interviews
in
order
to
obtain
relevant
information.
The
child
29
protection
worker
and
family
safety
investigator
may
observe
a
30
child
named
in
a
report
in
accordance
with
the
provisions
of
31
section
232.68,
subsection
3
,
paragraph
“b”
.
A
witness
shall
32
be
present
during
an
observation
of
a
child.
Any
child
aged
33
ten
years
of
age
or
older
can
terminate
contact
with
the
child
34
protection
worker
and
family
safety
investigator
by
stating
or
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indicating
the
child’s
wish
to
discontinue
the
contact.
The
1
immunity
granted
by
section
232.73
applies
to
acts
or
omissions
2
in
good
faith
of
administrators
and
their
facilities
or
3
school
districts
for
cooperating
in
an
assessment
and
allowing
4
confidential
access
to
a
child.
5
Sec.
48.
Section
232.71B,
subsection
8,
paragraph
b,
Code
6
2020,
is
amended
to
read
as
follows:
7
b.
In
performing
an
assessment,
the
department
may
request
8
criminal
history
data
from
the
department
of
public
safety
on
9
any
person
believed
to
be
responsible
for
an
injury
to
a
child
10
which,
if
confirmed
and
criminally
prosecuted
,
would
constitute
11
child
abuse.
The
department
shall
establish
procedures
for
12
determining
when
a
criminal
history
records
check
is
necessary.
13
Sec.
49.
Section
232.71B,
subsection
13,
paragraph
e,
Code
14
2020,
is
amended
to
read
as
follows:
15
e.
If
after
completing
the
assessment
the
child
protection
16
worker
and
family
safety
investigator
determines,
with
the
17
concurrence
of
the
worker’s
supervisor
and
the
department’s
18
area
administrator,
that
a
report
of
suspected
child
abuse
is
a
19
spurious
report
or
that
protective
concerns
are
not
present,
20
the
portions
of
the
written
assessment
report
described
under
21
paragraph
“a”
,
subparagraphs
(3)
and
(4)
shall
not
be
required.
22
Sec.
50.
Section
232.72,
subsection
1,
Code
2020,
is
amended
23
to
read
as
follows:
24
1.
For
the
purposes
of
this
division
,
the
terms
“department
25
of
human
services”
“department
of
family
stabilization
and
26
preservation”
,
“department”
,
or
“county
attorney”
ordinarily
27
refer
to
the
service
area
or
local
office
of
the
department
28
of
human
services
family
stabilization
and
preservation
or
of
29
the
county
attorney’s
office
serving
the
county
in
which
the
30
child’s
home
is
located.
31
Sec.
51.
Section
232.73,
subsection
1,
Code
2020,
is
amended
32
to
read
as
follows:
33
1.
A
person
participating
in
good
faith
in
the
making
of
34
a
report,
photographs,
or
X
rays,
or
in
the
performance
of
a
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medically
relevant
test
pursuant
to
this
chapter
,
or
aiding
and
1
assisting
in
an
assessment
of
a
child
abuse
report
pursuant
to
2
section
232.71B
,
shall
have
immunity
from
any
liability,
civil
3
or
criminal,
which
might
otherwise
be
incurred
or
imposed
,
4
unless
there
is
a
violation
of
the
Iowa
criminal
code
or
faulty
5
medical
equipment
which
leads
to
false
results
.
The
person
6
shall
have
the
same
immunity
with
respect
to
participation
in
7
good
faith
in
any
judicial
proceeding
resulting
from
the
report
8
or
relating
to
the
subject
matter
of
the
report.
9
Sec.
52.
Section
232.75,
Code
2020,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
4.
Any
person,
official,
agency,
or
12
institution
that
engages
in
perjury;
the
falsification
of
13
documents,
medical
records,
school
records,
or
any
other
14
records;
or
that
participates
in
retaliation,
intimidation,
15
coercion,
obstruction
of
justice,
or
abuse
of
power,
shall
be
16
subject
to
criminal
prosecution.
17
Sec.
53.
Section
232.76,
subsection
2,
Code
2020,
is
amended
18
to
read
as
follows:
19
2.
a.
For
the
purposes
of
this
subsection
,
in
addition
20
to
the
definition
in
section
232.68
,
a
“child
protection
21
worker”
“child
and
family
safety
investigator”
also
includes
22
any
employee
of
the
department
who
provides
services
to
or
23
otherwise
works
directly
with
children
and
families
for
whom
24
child
abuse
has
been
alleged.
25
b.
The
training
of
a
child
protection
worker
and
family
26
safety
investigator
shall
include
but
is
not
limited
to
27
the
worker’s
legal
duties
to
protect
the
constitutional
and
28
statutory
rights
of
a
child
and
the
child’s
family
members
29
throughout
the
child
or
family
members’
period
of
involvement
30
with
the
department
beginning
with
the
child
abuse
report
31
and
ending
with
the
department’s
closure
of
the
case.
The
32
curriculum
used
for
the
training
shall
specifically
include
33
instruction
on
the
fourth
amendment
to
the
Constitution
of
the
34
United
States
and
parents’
legal
rights.
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Sec.
54.
Section
232.78,
subsection
1,
paragraph
b,
1
subparagraphs
(1)
and
(2),
Code
2020,
are
amended
to
read
as
2
follows:
3
(1)
The
refusal
or
failure
of
the
person
responsible
for
4
the
care
of
the
child
to
comply
with
the
request
of
a
peace
5
officer,
juvenile
court
officer,
or
child
protection
worker
6
and
family
safety
investigator
for
such
person
to
obtain
7
and
provide
to
the
requester
the
results
of
a
physical
or
8
mental
examination
of
the
child.
The
request
for
a
physical
9
examination
of
the
child
may
specify
the
performance
of
a
10
medically
relevant
test.
11
(2)
The
refusal
or
failure
of
the
person
responsible
for
12
the
care
of
the
child
or
a
person
present
in
the
person’s
13
home
to
comply
with
a
request
of
a
peace
officer,
juvenile
14
court
officer,
or
child
protection
worker
and
family
safety
15
investigator
for
such
a
person
to
submit
to
and
provide
to
16
the
requester
the
results
of
a
medically
relevant
test
of
the
17
person.
18
Sec.
55.
NEW
SECTION
.
232.81A
Initial
contact
with
family.
19
1.
Upon
initial
contact
with
a
person
responsible
for
the
20
care
of
a
child,
a
social
investigator
shall
provide:
21
a.
Proof
of
identity,
including
any
department
insignia,
22
and
worker
identification
number.
A
state
vehicle
driven
by
a
23
social
investigator
making
an
initial
contact
pursuant
to
this
24
section
shall
bear
the
insignia
of
the
department
by
an
affixed
25
sticker,
magnet,
or
other
means
that
is
unique
and
distinct
to
26
the
department.
27
b.
Contact
information
for
the
investigator,
the
name
of
28
the
investigator’s
immediate
supervisor,
and
written
notice
29
of
rights
explaining
the
parent’s
rights
and
responsibilities
30
according
to
the
law.
The
notice
of
rights
shall
include
all
31
of
the
following
information:
32
(1)
The
person
responsible
for
the
care
of
a
child
is
not
33
required
to
permit
the
investigator
to
enter
the
residence
of
34
the
person
responsible
for
the
care
of
a
child.
However,
if
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permission
is
refused,
the
juvenile
court,
family
court,
or
1
district
court
may
authorize
the
social
investigator
to
enter
2
the
home
to
interview
or
observe
the
child
upon
a
showing
of
3
probable
cause.
4
(2)
The
person
responsible
for
the
care
of
a
child
is
not
5
required
to
speak
with
the
investigator.
6
(3)
The
person
responsible
for
the
care
of
a
child
is
7
entitled
to
seek
the
representation
of
an
attorney
and
to
have
8
an
attorney
present
when
the
person
responsible
for
the
care
of
9
a
child
is
questioned
by
the
social
investigator.
10
(4)
Any
statement
made
by
the
person
responsible
for
the
11
care
of
a
child
or
any
statements
made
by
other
family
members
12
may
be
used
against
the
person
responsible
for
the
care
of
a
13
child
in
an
administrative
or
court
proceeding.
14
(5)
The
social
investigator
is
not
an
attorney
and
cannot
15
provide
legal
advice
to
the
person
responsible
for
the
care
of
16
a
child.
17
(6)
The
person
responsible
for
the
care
of
a
child
is
18
not
required
to
sign
any
document
presented
by
the
social
19
investigator
including
but
not
limited
to
a
release
of
claims
20
or
a
service
agreement
and
is
entitled
to
have
an
attorney
21
review
any
document
before
agreeing
to
sign
any
document.
22
(7)
A
failure
of
the
person
responsible
for
the
care
of
23
a
child
to
communicate
with
the
social
investigator
may
have
24
serious
consequences,
which
may
include
the
department’s
filing
25
of
a
petition
for
the
removal
of
a
child
from
the
home
of
the
26
person
responsible
for
the
care
of
a
child,
and
it
is
in
the
27
best
interest
of
the
person
responsible
for
the
care
of
a
child
28
to
speak
with
the
social
investigator
or
immediately
seek
the
29
advice
of
an
attorney.
30
(a)
The
social
investigator
shall
request
that
the
person
31
responsible
for
the
care
of
a
child
sign
and
date
the
written
32
notice
of
rights
as
evidence
of
having
received
the
notice.
33
(b)
If
the
person
responsible
for
the
care
of
a
child
34
refuses
to
sign
and
date
the
notice
of
rights,
the
investigator
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shall
specifically
indicate
on
the
notice
that
the
person
1
responsible
for
the
care
of
a
child
was
requested
to
sign
2
and
date
the
notice
and
refused
to
do
so,
and
the
social
3
investigator
shall
sign
the
notice
as
witness
to
the
refusal.
4
The
department
shall
provide
the
person
responsible
for
the
5
care
of
a
child
with
a
copy
of
the
signed
notice
at
the
time
of
6
the
department’s
initial
face-to-face
contact
with
the
person
7
responsible
for
the
care
of
a
child.
8
(c)
If
the
initial
contact
with
the
person
responsible
for
9
the
care
of
a
child
occurs
telephonically,
the
department
shall
10
orally
provide
the
person
with
notice
of
that
person’s
rights
11
as
specified
in
this
paragraph.
If
the
department
has
provided
12
oral
notice,
the
department
shall
also
provide
written
notice
13
upon
the
department’s
initial
face-to-face
contact
with
the
14
person
responsible
for
the
care
of
a
child.
15
(d)
The
department
shall
make
reasonable
efforts
to
ensure
16
that
the
notice
provided
to
a
person
responsible
for
the
care
17
of
a
child
is
provided
in
a
manner
that
will
be
understood
by
18
the
person
responsible
for
the
care
of
a
child,
including
but
19
not
limited
to
ensuring
that
the
notice
is
provided
in
language
20
understood
by
the
person
responsible
for
the
care
of
a
child.
21
(e)
Any
statement
made
by
the
person
responsible
for
22
the
care
of
a
child,
or
by
a
child
who
is
a
member
of
the
23
person’s
family
or
household
to
the
investigator
prior
to
the
24
provision
of
notice
as
described
in
subparagraph
division
(a),
25
or
any
statement
made
by
the
person
responsible
for
the
care
26
of
a
child
prior
to
the
provision
of
notice
as
described
in
27
subparagraph
division
(b),
shall
be
deemed
inadmissible
in
any
28
administrative
or
court
proceeding.
29
2.
For
purposes
of
subsection
1,
paragraph
“b”
,
“person
30
responsible
for
the
care
of
a
child”
means
the
same
as
described
31
in
section
232.68,
subsection
8,
paragraphs
“a”
and
“b”
.
32
3.
a.
All
social
investigators
shall
record
the
initial
33
contact
with
the
family.
The
recording
shall
include
all
of
34
the
following
information:
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(1)
The
investigator’s
name,
identification
number,
and
the
1
name
of
the
social
investigator’s
supervisor.
2
(2)
The
alleged
complaint
and
the
person
who
is
the
point
3
of
contact.
4
(3)
The
date,
time,
and
place
where
the
contact
occurred.
5
b.
A
recording
created
pursuant
to
this
subsection
may
be
6
video,
audio,
or
both,
and
may
be
made
on
a
department-issued
7
cell
phone,
body
camera,
or
other
department-issued
recording
8
device.
9
c.
The
department
shall
employ
an
independent
vendor
to
10
create
and
maintain
a
digital
record
of
an
initial
contact.
11
The
digital
record
must
include
documentation
of
the
receipt
12
of
the
notice
of
rights
and
shall
include
a
signed
or
recorded
13
statement
from
the
parents,
or
a
detailed
record
of
refusal.
14
4.
A
social
investigator
is
authorized
to
leave
a
notice
of
15
rights
in
the
mailbox
of
a
parent
under
investigation;
however,
16
a
certified
copy
of
the
notice
of
rights
must
be
mailed
within
17
twenty-four
hours
of
an
initial
contact
attempt.
18
5.
A
parent’s
acknowledgment
of
the
notice
of
rights
does
19
not
constitute
agreement
for
services
nor
shall
it
be
construed
20
as
an
admission
of
guilt.
21
Sec.
56.
Section
232.104,
subsection
1,
paragraph
a,
22
subparagraph
(1),
Code
2020,
is
amended
to
read
as
follows:
23
(1)
For
a
temporary
removal
order
entered
under
section
24
232.78
,
232.95
,
or
232.96
,
for
a
child
who
was
removed
without
25
a
court
order
under
section
232.79
,
or
for
an
order
entered
26
under
section
232.102
,
for
which
the
court
has
not
waived
27
reasonable
efforts
requirements,
the
permanency
hearing
shall
28
be
held
within
twelve
months
of
the
date
the
child
was
removed
29
from
the
home.
A
parent
shall
have
the
right
to
demand
a
jury
30
trial
for
any
proceeding
that
involves
the
right
of
a
parent
to
31
raise
the
parent’s
child.
32
Sec.
57.
Section
232.108,
subsection
1,
Code
2020,
is
33
amended
to
read
as
follows:
34
1.
If
the
court
orders
the
transfer
of
custody
of
a
child
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and
siblings
to
the
department
or
other
agency
for
placement
1
under
this
division
,
under
division
II
,
relating
to
juvenile
2
delinquency
proceedings,
or
under
any
other
provision
of
3
this
chapter
,
the
department
or
other
agency
shall
make
a
4
reasonable
effort
to
place
the
child
and
siblings
together
in
5
the
same
placement.
The
requirement
of
this
subsection
remains
6
applicable
to
custody
transfer
orders
made
at
separate
times
7
and
applies
in
addition
to
efforts
made
by
the
department
or
8
agency
to
place
the
child
with
a
relative.
Interference
with
9
the
exercise
of
the
protected
rights
of
sibling
visitation
10
shall
be
a
serious
or
aggravated
misdemeanor
and
shall
be
11
considered
a
violation
of
chapter
720.
12
Sec.
58.
Section
232.116,
subsection
1,
paragraph
b,
Code
13
2020,
is
amended
to
read
as
follows:
14
b.
The
court
or
jury
finds
that
there
is
clear
and
15
convincing
evidence
that
the
child
has
been
abandoned
or
16
deserted.
17
Sec.
59.
Section
232.116,
subsection
3,
paragraph
e,
Code
18
2020,
is
amended
by
striking
the
paragraph.
19
Sec.
60.
REPEAL.
Sections
217.8
and
217.9,
Code
2020,
are
20
repealed.
21
DIVISION
III
22
DEPARTMENT
OF
HUMAN
SERVICES
WORK
GROUP
23
Sec.
61.
DEPARTMENT
OF
HUMAN
SERVICES
——
CHILD
AND
FAMILY
24
SERVICES
WORK
GROUP.
25
1.
The
department
of
human
services,
in
conjunction
with
the
26
department
of
public
health
and
the
department
of
corrections,
27
shall
convene
a
work
group
of
representatives
of
state
and
28
local
agencies
who
have
experience
and
expertise
in
child
29
and
family
services,
child
protection
investigations,
child
30
protective
services,
and
child
abuse
and
neglect.
31
2.
The
purpose
of
the
work
group
is
to
review
current
32
practices,
and
how
those
practices
can
be
amended
in
accordance
33
with
this
act
to
improve
child
safety
and
the
preservation
of
34
families,
to
establish
consistent
and
statewide
practices
that
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promote
and
ensure
effective
policies
and
procedures
to
address
1
issues
associated
with
intervention
of
any
governmental
agency
2
into
the
private
institution
of
a
family,
and
to
ensure
that
3
criminal
investigations
are
conducted
by
law
enforcement
with
4
child
and
family
services
being
provided
by
the
department.
5
3.
The
work
group
shall
submit
a
written
report
to
the
6
general
assembly
regarding
the
findings
and
recommendations
of
7
the
work
group
by
December
1,
2020.
8
DIVISION
IV
9
CORRESPONDING
AMENDMENTS
LEGISLATION
10
Sec.
62.
CORRESPONDING
AMENDMENTS
LEGISLATION.
Additional
11
legislation
is
required
to
fully
implement
divisions
I
and
12
II
of
this
Act.
The
director
of
the
department
of
human
13
resources
shall,
in
compliance
with
section
2.16,
prepare
draft
14
legislation
for
submission
to
the
legislative
services
agency,
15
as
necessary,
to
implement
the
transition
and
elimination
of
16
authority
and
duties
under
divisions
I
and
II
of
this
Act
17
and
to
implement
the
transition
and
elimination
of
authority
18
and
duties
under
other
provisions
of
law
including
but
not
19
limited
to
the
duties
and
authority
of
the
department
of
human
20
services,
juvenile
justice,
and
child
and
family
services,
21
and
any
division,
commission,
or
subunit
of
such
entities
or
22
offices.
23
DIVISION
V
24
EFFECTIVE
DATE
25
Sec.
63.
EFFECTIVE
DATE.
This
Act
takes
effect
on
July
1,
26
2021.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
human
services
by
establishing
31
the
department
of
family
stabilization
and
preservation,
32
establishing
the
department
of
health
services,
and
providing
33
penalties.
34
Division
I
of
the
bill
establishes
the
department
of
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family
stabilization
and
preservation
and
the
department
of
1
health
services.
The
department
of
family
stabilization
and
2
preservation
is
established
to
be
responsible
for
providing
3
access
to
services
and
resources
to
families,
children,
and
4
dependent
adults
in
crisis,
and
the
department
of
health
5
services
is
established
to
be
responsible
for
providing
medical
6
and
medical-related
services.
A
board
of
family
stabilization
7
and
preservation
and
a
board
of
health
are
created
within
the
8
respective
departments.
The
services
provided
by
the
new
9
departments
are
currently
provided
by
the
department
of
human
10
services.
11
Division
II
of
the
bill
amends
sections
in
Code
chapter
12
232
concerning
juvenile
justice.
The
bill
provides
that
13
the
department
of
family
stabilization
and
preservation,
14
not
the
department
of
human
services,
will
be
responsible
15
for
implementing
the
provisions
of
that
Code
chapter
16
including
child
custody,
judicial
proceedings,
child
in
17
need
of
assistance
proceedings,
termination
of
parent-child
18
relationship
proceedings,
and
family
in
need
of
assistance
19
proceedings.
The
bill
strikes
references
in
the
Code
chapter
20
to
the
department
of
human
services.
21
Division
III
of
the
bill
calls
for
the
department
of
human
22
services,
in
conjunction
with
the
departments
of
public
health
23
and
corrections
to
convene
a
work
group
to
review
current
24
practices,
and
how
those
practices
can
be
amended
in
accordance
25
with
the
bill
to
improve
child
safety
and
the
preservation
of
26
families,
to
establish
consistent
and
statewide
practices
that
27
promote
and
ensure
effective
policies
and
procedures
to
address
28
issues
associated
with
intervention
of
any
governmental
agency
29
into
the
private
institution
of
a
family,
and
to
ensure
that
30
criminal
investigations
are
conducted
by
law
enforcement
with
31
child
and
family
services
being
provided
by
the
department.
32
The
work
group
is
required
to
submit
a
report
to
the
general
33
assembly
by
December
1,
2020.
34
Division
IV
of
the
bill
provides
that
additional
legislation
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is
required
to
fully
implement
divisions
I
and
II
of
the
bill,
1
and
requires
the
director
of
the
department
of
human
services
2
to
prepare
draft
legislation
for
submission
to
the
legislative
3
services
agency
to
implement
the
transition
and
elimination
of
4
authority
of
the
department
of
human
services
and
duties
under
5
divisions
I
and
II
of
the
bill
and
to
implement
the
transition
6
and
elimination
of
authority
and
duties
under
other
provisions
7
of
law
including
but
not
limited
to
the
duties
and
authority
of
8
the
department
of
human
services,
juvenile
justice,
and
child
9
and
family
services,
and
any
division,
commission,
or
subunit
10
of
such
entities
or
offices.
11
The
bill
takes
effect
July
1,
2021.
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