Bill Text: IA SSB3077 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to child welfare, including provisions relating to foster care and the child advocacy board.(See SF 2174.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-01 - Committee report approving bill, renumbered as SF 2174. [SSB3077 Detail]
Download: Iowa-2021-SSB3077-Introduced.html
Senate
Study
Bill
3077
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
INSPECTIONS
AND
APPEALS
BILL)
A
BILL
FOR
An
Act
relating
to
child
welfare,
including
provisions
relating
1
to
foster
care
and
the
child
advocacy
board.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
232.2,
subsection
9,
Code
2022,
is
1
amended
to
read
as
follows:
2
9.
“Court
appointed
special
advocate”
means
a
person
duly
3
certified
by
the
child
advocacy
board
created
in
section
4
237.16
for
participation
in
the
court
appointed
special
5
advocate
program
and
appointed
by
the
court
to
represent
the
6
interests
of
a
child
in
any
judicial
proceeding
to
which
the
7
child
is
a
party
or
is
called
as
a
witness
or
relating
to
any
8
dispositional
order
involving
the
child
resulting
from
such
9
proceeding
carry
out
the
duties
required
by
section
237.24
.
10
Sec.
2.
Section
237.15,
Code
2022,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
4A.
“Fictive
kin”
means
a
person
who
is
not
13
a
relative
of
a
child
but
who
has
an
emotionally
significant
14
positive
relationship
with
the
child
or
the
child’s
family.
15
Sec.
3.
Section
237.16,
Code
2022,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
4.
The
department
and
the
department
18
of
inspections
and
appeals
shall
jointly
develop
written
19
protocols
detailing
the
responsibilities
of
each
department
20
with
regard
to
children
under
the
purview
of
the
state
board.
21
The
protocols
shall
be
reviewed
by
the
departments
on
an
annual
22
basis.
23
Sec.
4.
Section
237.17,
Code
2022,
is
amended
to
read
as
24
follows:
25
237.17
Foster
care
registry.
26
1.
The
state
board
shall
establish
a
registry
of
the
27
placements
of
all
children
receiving
foster
care.
The
28
department
agency
responsible
for
the
placement
shall
notify
29
the
state
board
of
each
placement
within
five
working
days
of
30
the
department’s
notification
of
the
placement
in
accordance
31
with
written
protocols
adopted
pursuant
to
section
237.16,
32
subsection
4
.
The
notification
to
the
state
board
shall
33
include
information
identifying
the
child
receiving
foster
care
34
and
placement
information
for
that
child.
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2.
Within
thirty
days
of
the
placement
or
two
days
after
1
the
dispositional
hearing
the
The
agency
responsible
for
the
2
placement
shall
submit
the
case
permanency
plan
and
all
case
3
permanency
plan
revisions
to
the
state
board
a
local
board
in
4
accordance
with
written
protocols
adopted
pursuant
to
section
5
237.16,
subsection
4
.
All
subsequent
revisions
of
the
case
6
permanency
plan
shall
be
submitted
when
the
revisions
are
7
developed.
8
Sec.
5.
Section
237.18,
Code
2022,
is
amended
to
read
as
9
follows:
10
237.18
Duties
of
state
board.
11
The
state
board
shall:
12
1.
Review
the
activities
and
actions
of
local
boards
and
the
13
court
appointed
special
advocate
program
.
14
2.
Adopt
rules
pursuant
to
chapter
17A
to:
15
a.
Establish
a
recordkeeping
system
for
the
files
of
local
16
review
boards
including
individual
case
reviews.
17
b.
Accumulate
data
and
develop
an
annual
report
regarding
18
children
in
foster
care
served
by
the
state
board
.
The
report
19
shall
include:
20
(1)
Personal
data
Data
regarding
the
total
number
of
days
of
21
foster
care
provided
and
the
characteristics
of
the
children
22
receiving
foster
care.
23
(2)
The
number
of
placements
of
children
in
foster
care.
24
(3)
The
frequency
and
results
of
court
reviews.
25
c.
Evaluate
the
judicial
and
administrative
data
collected
26
on
foster
care
by
local
boards
and
court
appointed
special
27
advocates,
and
disseminate
the
data
to
the
governor,
the
28
supreme
court,
the
chief
judge
of
each
judicial
district,
the
29
department,
and
child-placing
agencies
,
and
the
state
court
30
administrator
for
dissemination
to
the
supreme
court
and
the
31
chief
judge
of
each
judicial
district
.
32
d.
Establish
mandatory
training
programs
for
members
of
the
33
state
and
local
review
boards
including
an
initial
training
34
program
and
periodic
in-service
training
programs
board
.
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Training
shall
focus
on,
but
not
be
limited
to,
the
following:
1
(1)
The
history,
philosophy
and
role
of
the
juvenile
court
2
in
the
child
protection
system
The
duties
of
the
state
board
.
3
(2)
Juvenile
court
procedures
under
the
juvenile
justice
4
act
The
duties
of
local
boards
.
5
(3)
The
foster
care
administrative
review
process
of
the
6
department
of
human
services
The
duties
of
court
appointed
7
special
advocates
.
8
(4)
The
role
and
procedures
of
the
citizen’s
foster
care
9
review
system
Applicable
child
welfare
laws
and
practices
that
10
influence
the
work
of
local
boards
and
court
appointed
special
11
advocates
.
12
(5)
The
Adoption
Assistance
and
Child
Welfare
Act
of
1980,
13
Pub.
L.
No.
96-272.
14
(6)
The
purpose
of
case
permanency
plans,
and
the
type
of
15
information
that
will
be
available
in
those
plans.
16
(7)
The
situations
where
the
goals
of
either
reuniting
the
17
child
with
the
child’s
family
or
adoption
would
be
appropriate.
18
(8)
The
legal
processes
that
may
lead
to
foster
care
19
placement.
20
(9)
The
types
and
number
of
children
involved
in
those
legal
21
processes.
22
(10)
The
types
of
foster
care
placement
available,
with
23
emphasis
on
the
types
and
number
of
facilities
available
on
a
24
regional
basis.
25
(11)
The
impact
of
specific
physical
or
mental
conditions
of
26
a
child
on
the
type
of
placement
most
appropriate
and
the
kind
27
of
progress
that
should
be
expected
in
those
situations.
28
e.
Establish
a
mandatory
training
program
and
procedures
for
29
the
local
review
board
boards
consistent
with
the
provisions
30
of
section
237.20
.
31
f.
Establish
grounds
and
procedures
for
removal
of
a
local
32
review
board
member.
33
g.
f.
Establish
procedures
and
protocols
for
administering
34
the
court
appointed
special
advocate
program
in
accordance
with
35
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subsection
7
6
.
1
3.
Assign
the
cases
of
children
receiving
foster
care
to
the
2
appropriate
local
boards.
3
4.
Assist
local
boards
in
reviewing
cases
of
children
4
receiving
foster
care,
as
provided
in
section
237.20
.
5
5.
4.
Employ
appropriate
staff
in
accordance
with
available
6
funding.
The
board
shall
coordinate
with
the
department
of
7
inspections
and
appeals
regarding
administrative
functions
of
8
the
board.
9
6.
5.
In
conjunction
with
the
legislative
services
agency
10
and
in
consultation
with
the
department
of
human
services,
11
supreme
court,
and
private
foster
care
providers,
develop
and
12
maintain
Maintain
an
evaluation
program
regarding
citizen
13
foster
care
review
programming.
The
evaluation
program
shall
14
be
designed
to
evaluate
the
effectiveness
of
citizen
reviews
in
15
improving
case
permanency
planning
and
meeting
case
permanency
16
planning
goals,
identify
the
amount
of
time
children
spend
in
17
foster
care
placements,
and
identify
problem
issues
in
the
18
foster
care
system.
The
state
board
shall
submit
an
annual
19
evaluation
report
to
the
governor
and
the
general
assembly.
20
7.
6.
Administer
the
court
appointed
special
advocate
21
program,
including
but
not
limited
to
performance
of
all
of
the
22
following:
23
a.
Establish
standards
for
the
program,
including
but
24
not
limited
to
standards
for
selection
and
screening
of
25
volunteers,
preservice
training,
ongoing
continuing
education,
26
and
assignment
and
supervision
of
volunteers.
Identifying
27
information
concerning
a
court
appointed
special
advocate,
28
other
than
the
advocate’s
name,
shall
not
be
considered
to
be
a
29
public
record
under
chapter
22
.
30
b.
Implement
the
court
appointed
special
advocate
program
in
31
additional
areas
of
the
state
as
deemed
necessary
to
effectuate
32
its
purpose
including
but
not
limited
to
employing
court
33
appointed
special
advocate
program
staff
as
available
funding
34
provides
.
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c.
Promote
adherence
to
the
national
guidelines
for
state
1
and
local
court
appointed
special
advocate
programs.
2
d.
Issue
an
annual
report
of
the
court
appointed
special
3
advocate
program
for
submission
to
the
general
assembly,
the
4
governor,
and
the
supreme
court.
5
e.
Employ
appropriate
court
appointed
special
advocate
6
program
staff
in
accordance
with
available
funding.
The
state
7
board
shall
coordinate
with
the
department
of
inspections
and
8
appeals
the
performance
of
the
administrative
functions
of
the
9
state
board.
10
8.
7.
Receive
gifts,
grants,
or
donations
made
for
any
of
11
the
purposes
of
the
state
board’s
programs
and
disburse
and
12
administer
the
funds
received
in
accordance
with
the
terms
of
13
the
donor
and
under
the
direction
of
program
staff.
The
funds
14
received
shall
be
used
according
to
any
restrictions
attached
15
to
the
funds
and
any
unrestricted
funds
shall
be
retained
16
and
applied
to
the
applicable
program
budget
for
the
next
17
succeeding
fiscal
year.
18
9.
8.
Make
recommendations
to
the
general
assembly,
the
19
department,
to
child-placing
agencies,
the
governor,
and
the
20
state
court
administrator
for
dissemination
to
the
supreme
21
court
,
and
the
chief
judge
of
each
judicial
district
,
and
to
22
the
judicial
branch
.
The
recommendations
shall
include
but
23
are
not
limited
to
identification
of
systemic
problems
in
24
the
foster
care
and
the
juvenile
justice
systems,
specific
25
proposals
for
improvements
that
assist
the
systems
in
being
26
more
cost-effective
and
better
able
to
protect
the
best
27
interests
of
children,
and
necessary
changes
relating
to
the
28
data
collected
and
the
annual
report
made
under
subsection
2
,
29
paragraph
“b”
.
30
Sec.
6.
Section
237.19,
Code
2022,
is
amended
to
read
as
31
follows:
32
237.19
Local
citizen
foster
care
review
boards.
33
1.
The
state
board
shall
establish
local
citizen
foster
34
care
review
boards
to
review
cases
of
children
receiving
foster
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care.
The
department
shall
discontinue
its
foster
care
review
1
process
for
those
children
reviewed
by
local
boards
as
local
2
boards
are
established
and
operating.
The
state
board
shall
3
select
a
minimum
of
five
members
and
two
alternate
a
maximum
of
4
seven
members
to
serve
on
each
local
board
in
consultation
with
5
the
chief
judge
of
each
judicial
district
.
The
actual
number
6
of
local
boards
needed
and
established
shall
be
determined
7
by
the
state
board.
The
members
of
each
local
board
shall
8
consist
of
persons
of
,
to
the
extent
possible,
reflect
the
9
various
social,
economic,
racial
,
and
ethnic
groups
and
various
10
occupations
of
their
district.
A
person
employed
by
the
state
11
board
,
or
the
department,
the
department
of
inspections
and
12
appeals,
or
the
district
court,
or
an
employee
of
an
agency
13
with
which
the
department
contracts
for
services
for
children
14
under
foster
care,
a
foster
parent
providing
foster
care,
or
15
a
child-placing
agency
shall
not
serve
on
a
local
board.
The
16
state
board
shall
provide
the
names
of
the
members
of
the
local
17
boards
to
the
department.
18
2.
Vacancies
on
a
local
board
shall
be
filled
in
the
19
same
manner
as
original
appointments.
The
members
shall
not
20
receive
per
diem
but
shall
receive
reimbursement
for
actual
and
21
necessary
expenses
incurred
in
their
duties
as
members.
22
3.
A
local
board
member
shall
be
required
to
pass
a
23
background
check
and
complete
requirements
as
established
by
24
the
state
board
prior
to
taking
an
oath
of
confidentiality
to
25
serve
on
a
local
board.
26
4.
A
local
board
member
shall
be
required
to
receive
27
periodic
continuing
education
during
each
term
of
service
as
28
established
by
the
state
board.
29
Sec.
7.
Section
237.20,
subsection
1,
unnumbered
paragraph
30
1,
Code
2022,
is
amended
to
read
as
follows:
31
Review
the
case
of
each
child
receiving
foster
care
32
assigned
to
the
a
local
board
by
the
state
board
in
accordance
33
with
written
protocols
adopted
pursuant
to
section
237.16,
34
subsection
4,
to
determine
whether
satisfactory
progress
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is
being
made
toward
the
goals
of
the
case
permanency
plan
1
pursuant
to
section
237.22
.
The
timing
and
frequency
of
2
a
review
of
each
case
by
a
local
board
shall
take
into
3
consideration
the
permanency
goals,
placement
setting,
and
4
frequency
of
any
court
reviews
of
the
case.
5
Sec.
8.
Section
237.20,
subsection
1,
paragraph
a,
6
subparagraph
(2),
Code
2022,
is
amended
to
read
as
follows:
7
(2)
The
efforts
of
the
agency
responsible
for
the
placement
8
of
the
child
to
locate
and
provide
services
to
the
child’s
9
biological
or
adoptive
parents
of
the
child
,
legal
guardians,
10
or
fictive
kin
providing
the
majority
of
a
child’s
daily
food,
11
lodging,
and
support
.
12
Sec.
9.
Section
237.20,
subsection
1,
paragraphs
b,
c,
and
13
d,
Code
2022,
are
amended
to
read
as
follows:
14
b.
The
review
shall
include
issues
pertaining
to
the
15
case
permanency
plan
and
shall
not
include
issues
that
do
16
not
pertain
to
the
case
permanency
plan.
A
person
notified
17
pursuant
to
subsection
4
shall
either
attend
the
review
or
18
submit
testimony
a
statement
as
requested
by
the
local
board
19
or
in
accordance
with
a
written
protocol
jointly
developed
by
20
the
state
board
and
the
department.
Oral
testimony
Statements
21
may,
upon
the
request
of
the
testifier
an
interested
party
or
22
upon
motion
of
the
local
board,
be
given
in
a
private
setting
23
when
to
do
so
would
facilitate
the
presentation
of
evidence
.
24
Statements
may
be
made
in
written,
oral,
or
electronic
form.
25
Local
board
questions
reviews
shall
pertain
to
the
permanency
26
plan
and
shall
not
include
issues
that
do
not
pertain
to
the
27
permanency
plan.
28
c.
A
person
who
gives
an
oral
testimony
statement
has
the
29
right
to
representation
by
counsel
at
the
review.
30
d.
An
agency
or
individual
providing
services
to
the
child
31
shall
submit
testimony
as
requested
by
the
local
board.
The
32
testimony
may
be
written
or
oral,
or
may
be
a
tape
recorded
33
telephone
call.
Written
testimony
or
recorded
statements
from
34
other
interested
parties
may
also
be
considered
by
the
board
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in
its
review.
1
Sec.
10.
Section
237.20,
subsection
2,
paragraph
a,
Code
2
2022,
is
amended
to
read
as
follows:
3
a.
Submit
to
the
appropriate
court
and
the
department
within
4
fifteen
days
after
the
review
under
subsection
1
,
the
findings
5
and
recommendations
of
the
review.
The
local
board
shall
6
ensure
that
the
most
recent
report
is
available
for
a
court
7
hearing.
The
report
to
the
court
shall
include
information
8
regarding
the
case
permanency
plan
and
the
progress
in
9
attaining
the
permanency
goals.
The
report
shall
not
include
10
issues
that
do
not
pertain
to
the
case
permanency
plan.
The
11
findings
and
recommendations
shall
include
the
proposed
date
12
of
the
next
review
by
the
local
board.
The
local
board
shall
13
notify
the
persons
specified
in
subsection
4
of
the
findings
14
and
recommendations.
15
Sec.
11.
Section
237.20,
subsection
4,
paragraph
a,
Code
16
2022,
is
amended
by
adding
the
following
new
subparagraph:
17
NEW
SUBPARAGRAPH
.
(9)
An
intervenor.
18
Sec.
12.
Section
237.21,
subsection
2,
Code
2022,
is
amended
19
to
read
as
follows:
20
2.
Information
and
records
relating
to
a
child
receiving
21
foster
care
and
to
the
child’s
family
shall
be
provided
to
22
a
court
appointed
special
advocate,
a
local
board
,
or
the
23
state
board
by
the
department
,
the
department’s
agent,
or
a
24
child-care
child
placement
agency
receiving
purchase-of-service
25
funds
from
the
department
contracted
by
the
department
upon
26
request
by
the
court
appointed
special
advocate
or
either
27
board.
A
court
having
jurisdiction
of
a
child
receiving
28
foster
care
shall
release
the
information
and
records
the
29
court
deems
necessary
to
determine
the
needs
of
the
child
,
30
if
the
information
and
records
are
not
obtainable
elsewhere,
31
to
a
local
board
or
the
state
board
court
appointed
special
32
advocate
upon
request
by
either
the
local
board
or
court
33
appointed
special
advocate
.
If
confidential
information
and
34
records
are
distributed
to
individual
members
in
advance
of
a
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meeting
of
the
state
board
or
a
local
board,
the
information
1
and
records
shall
be
clearly
identified
as
confidential
and
the
2
members
shall
take
appropriate
steps
to
prevent
unauthorized
3
disclosure.
If
confidential
information
and
records
are
4
distributed
to
a
court
appointed
special
advocate
or
court
5
appointed
special
advocate
program
staff,
the
information
shall
6
be
confidential
and
the
court
appointed
special
advocate
and
7
court
appointed
special
advocate
program
staff
shall
take
8
appropriate
steps
to
prevent
unauthorized
disclosure.
9
Sec.
13.
Section
237.21,
subsection
4,
Code
2022,
is
amended
10
to
read
as
follows:
11
4.
A
court
appointed
special
advocate
may
disclose
12
case-related
observations
and
recommendations
to
the
agency
13
assigned
by
the
court
to
supervise
the
case,
to
the
county
14
attorney,
or
to
the
child’s
legal
representative
or
guardian
ad
15
litem
,
or
at
a
local
board
meeting
.
Case-related
observations
16
and
recommendations
about
a
child
and
the
child’s
parent
or
17
about
a
child
and
the
child’s
legal
guardian
may
also
be
18
disclosed
to
the
parent
or
guardian
to
which
the
observations
19
and
recommendations
pertain
or
to
such
parent
or
guardian’s
20
legal
representative.
21
Sec.
14.
Section
237.22,
Code
2022,
is
amended
to
read
as
22
follows:
23
237.22
Case
permanency
plan.
24
The
agency
responsible
for
the
placement
of
the
child
shall
25
create
a
case
permanency
plan.
The
plan
shall
In
addition
to
26
requirements
stated
in
section
232.2,
subsection
4,
the
plan
27
shall
also
include
,
but
not
be
limited
to:
28
1.
Plans
for
carrying
out
the
voluntary
placement
agreement
29
or
judicial
determination
pursuant
to
which
the
child
entered
30
care.
31
2.
1.
Time
frames
to
meet
the
stated
permanency
goal
and
32
short-term
objectives.
33
3.
The
type
and
appropriateness
of
the
placement
and
34
services
to
be
provided
to
the
child.
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4.
2.
The
care
and
services
that
will
be
provided
to
the
1
child,
biological
parents,
the
child’s
primary
caregivers,
and
2
foster
parents.
3
5.
How
the
care
and
services
will
meet
the
needs
of
the
4
child
while
in
care
and
will
facilitate
the
child’s
return
home
5
or
other
permanent
placement.
6
6.
3.
The
efforts
to
place
the
child
with
a
relative
or
7
fictive
kin
.
8
7.
4.
The
rationale
for
an
out-of-state
placement,
and
the
9
efforts
to
prevent
such
placement,
if
the
child
has
been
placed
10
out
of
state.
11
Sec.
15.
NEW
SECTION
.
237.24
Court
appointed
special
12
advocates.
13
1.
A
court
appointed
special
advocate
shall
receive
notice
14
of
all
depositions,
hearings,
and
trial
proceedings
in
a
matter
15
to
which
the
court
appointed
special
advocate
is
appointed.
16
2.
The
duties
of
a
court
appointed
special
advocate
with
17
respect
to
a
child,
unless
otherwise
enlarged
or
circumscribed
18
by
a
court
or
juvenile
court
with
jurisdiction
over
the
19
child
after
a
finding
of
good
cause,
shall
include
all
of
the
20
following:
21
a.
Conducting
in-person
interviews
with
the
child
every
22
thirty
days,
if
the
child’s
age
is
appropriate
for
the
23
interview,
and
interviewing
each
parent,
guardian,
or
other
24
person
having
custody
of
the
child
as
needed,
if
authorized
by
25
counsel.
26
b.
Visiting
the
home,
residence,
or
both
home
and
residence
27
of
the
child
and
any
prospective
home
or
residence
of
the
28
child,
including
each
time
placement
is
changed.
29
c.
Interviewing
any
person
providing
medical,
mental
health,
30
social,
educational,
or
other
services
to
the
child.
31
d.
Obtaining
firsthand
knowledge,
if
possible,
of
the
facts,
32
circumstances,
and
parties
involved
in
the
matter
in
which
the
33
court
appointed
special
advocate
is
appointed.
34
e.
Attending
any
depositions,
hearings,
and
trial
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proceedings
in
a
matter
to
which
the
court
appointed
special
1
advocate
is
appointed
for
the
purpose
of
supporting
the
child
2
and
advocating
for
the
child’s
protection.
3
f.
Assisting
the
transition
committee
in
the
development
of
4
a
transition
plan
if
the
child’s
case
permanency
plan
calls
for
5
the
development
of
a
transition
plan.
6
g.
(1)
Submitting
a
written
report
to
the
juvenile
court
7
and
to
each
of
the
parties
identified
in
section
237.21,
8
subsection
4,
prior
to
each
court
hearing
unless
otherwise
9
ordered
by
the
court.
10
(2)
The
report
shall
include
but
not
be
limited
to
the
11
identified
strengths
of
the
child
and
the
child’s
family,
12
concerns
of
the
court
appointed
special
advocate,
the
court
13
appointed
special
advocate’s
recommendations
regarding
14
the
child’s
placement,
and
other
recommendations
the
court
15
appointed
special
advocate
believes
are
in
the
child’s
best
16
interests.
17
h.
Submitting
periodic
reports
to
the
court
or
juvenile
18
court
with
jurisdiction
over
a
child
and
interested
parties
19
detailing
the
child’s
situation
as
long
as
the
child
remains
20
under
the
jurisdiction
of
the
court
or
juvenile
court.
21
i.
Filing
other
reports
as
ordered
by
a
court
or
juvenile
22
court.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
child
welfare,
including
provisions
27
relating
to
foster
care
and
the
child
advocacy
board
(CAB).
28
CHILD
ADVOCACY
BOARD.
The
bill
requires
the
department
29
of
inspections
and
appeals
(DIA)
and
the
department
of
human
30
services
(DHS)
to
jointly
develop
written
protocols
relating
to
31
the
responsibilities
of
each
department
with
regard
to
children
32
under
the
purview
of
CAB.
The
protocols
must
be
reviewed
by
33
both
departments
on
an
annual
basis.
34
The
bill
requires
the
agency
responsible
for
the
placement
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of
a
child
in
foster
care
to
notify
CAB
of
each
placement
and
1
submit
the
child’s
case
permanency
plan
and
any
case
permanency
2
plan
revisions
to
a
local
citizen
foster
care
review
board
3
(local
board)
according
to
protocols
developed
by
DIA
and
4
DHS.
Under
current
law,
notifications
of
a
child’s
placement
5
must
be
given
to
CAB
by
DHS
within
five
working
days
of
DHS’s
6
notification
of
the
placement,
case
permanency
plans
must
7
be
submitted
to
CAB
by
the
agency
responsible
for
a
child’s
8
placement
within
30
days
of
placement
or
two
days
after
the
9
child’s
dispositional
hearing,
and
revisions
to
case
permanency
10
plans
must
be
submitted
to
CAB
by
the
agency
responsible
for
a
11
child’s
placement
when
revisions
are
developed.
12
The
bill
requires
CAB
to
review
the
activities
and
actions
of
13
the
court
appointed
special
advocate
program.
14
The
bill
changes
the
scope
of
the
annual
report
prepared
15
by
CAB.
Under
current
law,
the
report
must
include
personal
16
data
regarding
the
total
number
of
days
of
foster
care
provided
17
and
the
characteristics
of
the
children
receiving
foster
care;
18
the
number
of
placements
of
children
in
foster
care;
and
the
19
frequency
and
results
of
court
reviews.
The
bill
provides
that
20
the
annual
report
shall
include
information
on
all
children
21
served
by
CAB
and
all
data
regarding
the
total
number
of
days
22
of
foster
care
provided
and
the
characteristics
of
the
children
23
receiving
foster
care,
and
eliminates
the
requirement
to
24
include
the
frequency
and
results
of
court
reviews.
25
The
bill
requires
CAB
to
evaluate
the
data
collected
by
26
local
boards
and
court
appointed
special
advocates,
and
27
disseminate
the
data
to
the
governor,
DHS,
child-placing
28
agencies,
and
the
state
court
administrator
for
dissemination
29
to
the
supreme
court
and
the
chief
judge
of
each
judicial
30
district.
Under
current
law,
data
collected
is
limited
to
31
judicial
and
administrative
data
on
foster
care,
and
CAB
must
32
give
the
evaluation
directly
to
the
supreme
court
and
the
chief
33
judge
of
each
judicial
district
instead
of
the
state
court
34
administrator.
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The
bill
replaces
mandatory
training
requirements
for
CAB
1
members
with
mandatory
training
concerning
the
duties
of
CAB;
2
the
duties
of
local
boards;
the
duties
of
court
appointed
3
special
advocates;
and
applicable
child
welfare
laws
and
4
practices
that
influence
the
work
of
local
boards
and
court
5
appointed
special
advocates.
6
The
bill
combines
CAB’s
duty
to
establish
procedures
for
7
local
boards
with
the
requirement
to
establish
a
mandatory
8
training
program
for
local
board
members;
eliminates
the
9
requirement
that
CAB
assist
local
boards
in
reviewing
cases
of
10
children
receiving
foster
care;
eliminates
the
requirement
that
11
CAB
coordinate
with
DIA
regarding
the
administrative
functions
12
of
the
board;
and
eliminates
the
requirement
for
CAB
to
work
13
in
conjunction
with
the
legislative
services
agency
and
in
14
consultation
with
DHS,
the
supreme
court,
and
private
foster
15
care
providers
to
develop
and
maintain
an
evaluation
program
16
regarding
citizen
foster
care
review
programming.
17
The
bill
requires
CAB
to
implement
the
court
appointed
18
special
advocate
program
as
deemed
necessary
to
effectuate
its
19
purpose,
rather
than
to
implement
the
program
in
additional
20
areas
of
the
state.
The
bill
also
combines
this
requirement
21
with
the
duty
to
employ
court
appointed
special
advocate
22
program
staff
as
available
funding
provides.
23
The
bill
makes
terminology
changes
from
“ongoing
education”
24
to
“continuing
education”
for
the
purpose
of
establishing
25
continuing
education
requirements
for
court
appointment
special
26
advocates
(CASAs).
27
The
bill
provides
that
the
duties
of
a
CASA
with
respect
28
to
a
child,
unless
directed
by
a
court
or
juvenile
court
29
with
jurisdiction
over
the
child
after
a
finding
of
good
30
cause,
shall
include
conducting
in-person
interviews
with
31
the
child
every
30
days,
if
the
child’s
age
is
appropriate
32
for
the
interview,
and
interviewing
each
parent,
guardian,
33
or
other
person
having
custody
of
the
child
as
needed,
if
34
authorized
by
counsel;
visiting
the
home,
residence,
or
both
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the
home
and
residence
of
the
child
and
any
prospective
home
1
or
residence
of
the
child,
including
each
time
placement
is
2
changed;
interviewing
any
person
providing
medical,
mental
3
health,
social,
educational,
or
other
services
to
the
child;
4
obtaining
firsthand
knowledge,
if
possible,
of
the
facts,
5
circumstances,
and
parties
involved
in
the
matter
in
which
the
6
CASA
is
appointed;
attending
any
depositions,
hearings,
and
7
trial
proceedings
in
a
matter
in
which
the
CASA
is
appointed;
8
assisting
the
transition
committee
in
the
development
of
a
9
transition
plan
if
the
child’s
case
permanency
plan
calls
for
10
the
development
of
a
transition
plan;
submitting
a
written
11
report
to
the
juvenile
court
and
to
each
of
the
parties
that
a
12
CASA
may
disclose
case-related
observations
and
recommendations
13
prior
to
each
hearing
unless
otherwise
ordered
by
the
court;
14
submitting
periodic
reports
to
the
court
or
juvenile
court
with
15
jurisdiction
over
a
child
and
interested
parties
detailing
16
the
child’s
situation
as
long
as
the
child
remains
under
17
the
jurisdiction
of
the
court
or
juvenile
court;
and
filing
18
other
reports
as
ordered
by
a
court
or
juvenile
court.
The
19
bill
also
requires
that
a
CASA
report
prepared
for
a
hearing
20
include
but
not
be
limited
to
the
identified
strengths
of
the
21
child
and
the
child’s
family,
concerns
of
the
CASA,
the
CASA’s
22
recommendations
regarding
placement
of
the
child,
and
other
23
recommendations
the
CASA
believes
are
in
the
child’s
best
24
interests.
25
The
bill
requires
that
a
CASA
receive
notice
of
all
26
depositions,
hearings,
and
trial
proceedings
relating
to
a
27
matter
to
which
the
CASA
is
appointed.
28
The
bill
requires
CAB
to
make
recommendations
to
the
state
29
court
administrator
for
dissemination
to
the
supreme
court
and
30
the
chief
judge
of
each
judicial
district
instead
of
providing
31
the
recommendations
to
the
supreme
court
and
chief
judge
of
32
each
judicial
district
directly.
33
LOCAL
CITIZEN
FOSTER
CARE
REVIEW
BOARDS.
The
bill
changes
34
the
required
composition
of
local
boards
from
five
members
35
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and
two
alternate
members
to
a
minimum
of
five
members
and
a
1
maximum
of
seven
members.
The
bill
also
allows
CAB
to
appoint
2
local
board
members
without
consulting
the
chief
judge
of
the
3
appropriate
judicial
district.
4
Under
current
law,
local
board
members
must
consist
of
5
persons
of
various
social,
economic,
racial,
and
ethnic
groups
6
and
occupations
of
their
district.
The
bill
changes
this
7
requirement
to
provide
that
members
of
each
local
board,
to
8
the
extent
possible,
must
consist
of
the
various
racial
and
9
ethnic
groups
and
occupations
of
their
district.
The
bill
also
10
allows
a
person
employed
by
DIA
to
serve
on
a
local
board
and
11
eliminates
the
requirement
for
CAB
to
provide
the
names
of
the
12
members
of
local
boards
to
DHS.
13
The
bill
removes
language
relating
to
the
payment
of
local
14
board
members.
15
The
bill
requires
members
of
a
local
board
to
pass
background
16
checks
and
complete
requirements
as
established
by
CAB
prior
to
17
taking
an
oath
of
confidentiality
to
serve
on
a
local
board,
18
and
requires
local
board
members
to
receive
periodic
continuing
19
education
during
each
term
of
service
as
established
by
CAB.
20
The
bill
requires
local
boards
to
review
the
efforts
of
the
21
foster
care
agency
responsible
for
the
placement
of
a
child
to
22
locate
and
provide
services
to
a
child’s
biological
or
adoptive
23
parents,
legal
guardians,
or
fictive
kin
providing
the
majority
24
of
a
child’s
daily
food,
lodging,
and
support.
Under
current
25
law,
the
local
board
is
not
required
to
review
an
agency’s
26
efforts
to
locate
and
provide
services
to
a
child’s
legal
27
guardian
or
fictive
kin.
28
The
bill
allows
a
person
to
either
attend
a
local
board
29
meeting
or
submit
a
statement
rather
than
provide
testimony.
30
The
bill
also
allows
an
interested
party
to
provide
a
statement
31
in
a
private
setting
upon
request
of
the
interested
party
or
32
motion
of
the
local
board.
Statements
may
be
made
in
written,
33
oral,
or
electronic
form.
34
The
bill
specifies
that
a
local
board
review
shall
pertain
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to
a
permanency
plan
and
shall
not
include
issues
that
do
not
1
pertain
to
the
permanency
plan.
2
The
bill
allows
an
agency
or
individual
providing
foster
3
care
services
to
a
child
to
submit
testimony
as
requested
4
by
a
local
board
via
written
or
recorded
statements.
Under
5
current
law,
such
testimony
may
be
written
or
oral
or
may
be
6
a
tape
recorded
telephone
call.
The
bill
also
allows
local
7
boards
to
consider
written
or
recorded
statements
from
other
8
interested
parties
in
its
review.
Under
current
law,
a
local
9
board
is
only
allowed
to
consider
written
testimony
from
other
10
interested
parties.
11
The
bill
requires
a
local
board
to
submit
to
DHS,
within
12
15
days
after
a
review
of
a
child’s
case,
the
findings
and
13
recommendations
of
the
review.
14
The
bill
adds
an
intervenor
in
a
child’s
case
as
a
person
a
15
local
board
is
required
to
notify
of
a
local
board
meeting.
16
CONFIDENTIALITY
OF
FOSTER
CARE
RECORDS.
The
bill
requires
17
DHS,
an
agent
of
DHS,
or
a
child
placement
agency
contracted
18
by
DHS
to
provide
information
and
records
relating
to
a
child
19
receiving
foster
care
and
to
the
child’s
family
to
a
court
20
appointed
special
advocate,
a
local
board,
or
CAB
upon
request
21
by
the
court
appointed
special
advocate,
CAB,
or
a
local
board.
22
Under
current
law,
such
information
and
records
can
only
be
23
provided
to
a
local
board
or
to
CAB,
and
the
information
can
24
only
be
provided
by
DHS
or
a
child
placement
agency
receiving
25
purchase-of-service
funds
from
DHS.
26
The
bill
allows
a
court
with
jurisdiction
of
a
child
27
receiving
foster
care
to
release
information
and
records
the
28
court
deems
necessary
to
determine
the
needs
of
the
child
to
a
29
local
board
or
court
appointed
special
advocate
upon
request
of
30
the
local
board
or
court
appointed
special
advocate.
31
The
bill
requires
that
if
confidential
information
and
32
records
are
distributed
to
a
court
appointed
special
advocate
33
or
court
appointed
special
advocate
program
staff,
the
34
information
shall
be
confidential
and
the
court
appointed
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special
advocate
and
court
appointed
special
advocate
program
1
staff
shall
take
appropriate
steps
to
prevent
unauthorized
2
disclosure.
3
The
bill
allows
a
court
appointed
special
advocate
to
4
disclose
case-related
observations
and
recommendations
at
a
5
local
board
meeting.
The
bill
also
allows
a
court
appointed
6
special
advocate
to
disclose
case-related
observations
and
7
recommendations
about
a
child
and
the
child’s
parent
or
about
a
8
child
and
the
child’s
legal
guardian
to
the
parent
or
guardian
9
to
which
the
observations
and
recommendations
pertain
or
to
10
such
parent
or
guardian’s
legal
representative.
11
CASE
PERMANENCY
PLAN.
The
bill
includes
care
and
services
12
provided
to
a
child’s
primary
caregivers
and
efforts
made
to
13
place
a
child
with
fictive
kin
as
information
to
be
included
in
14
a
child’s
case
permanency
plan.
15
DEFINITIONS.
The
bill
amends
the
definition
of
“court
16
appointed
special
advocate”
for
purposes
of
Code
chapter
232
17
(juvenile
justice)
and
in
Code
chapter
237
(foster
care
review)
18
to
mean
a
person
duly
certified
by
the
child
advocacy
board
19
created
in
Code
section
237.16
for
participation
in
the
court
20
appointed
special
advocate
program
and
appointed
by
the
court
21
to
carry
out
the
duties
required
of
a
court
appointed
special
22
advocate.
23
The
bill
defines
“fictive
kin”
as
a
person
who
is
not
a
24
relative
of
a
child
but
who
has
an
emotionally
significant
25
positive
relationship
with
the
child
or
the
child’s
family.
26
CONFORMING
CODE
CHANGES.
The
bill
makes
conforming
changes
27
to
Code
sections
237.18
(duties
of
CAB),
237.20
(local
citizen
28
foster
care
review
board
duties),
and
237.22
(case
permanency
29
plan).
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