Bill Text: IA SSB3114 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act concerning child welfare, including provisions relating to children under the custody, control, and supervision of the department of human services and provisions relating to children who are sex trafficking victims.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-02-17 - Voted - Human Resources. [SSB3114 Detail]
Download: Iowa-2015-SSB3114-Introduced.html
Senate
Study
Bill
3114
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
HUMAN
SERVICES
BILL)
A
BILL
FOR
An
Act
concerning
child
welfare,
including
provisions
relating
1
to
children
under
the
custody,
control,
and
supervision
of
2
the
department
of
human
services
and
provisions
relating
to
3
children
who
are
sex
trafficking
victims.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
232.2,
subsection
4,
unnumbered
1
paragraph
1,
Code
2016,
is
amended
to
read
as
follows:
2
“Case
permanency
plan”
means
the
plan,
mandated
by
Pub.
L.
3
No.
96-272
and
Pub.
L.
No.
105-89,
as
codified
in
42
U.S.C.
4
§622(b)(10),
671(a)(16),
and
675(1),(5),
which
is
designed
to
5
achieve
placement
in
the
most
appropriate,
least
restrictive,
6
and
most
family-like
setting
available
and
in
close
proximity
7
to
the
parent’s
home,
consistent
with
the
best
interests
and
8
special
needs
of
the
child,
and
which
considers
the
placement’s
9
proximity
to
the
school
in
which
the
child
is
enrolled
at
10
the
time
of
placement.
The
plan
shall
be
developed
by
the
11
department
or
agency
involved
and
the
child’s
parent,
guardian,
12
or
custodian.
If
the
child
is
fourteen
years
of
age
or
older,
13
the
plan
shall
be
developed
in
consultation
with
the
child
and,
14
at
the
option
of
the
child,
with
up
to
two
persons
chosen
by
15
the
child
to
be
members
of
the
child’s
case
planning
team
if
16
such
persons
are
not
a
foster
parent
of,
or
caseworker
for,
the
17
child.
The
department
may
reject
a
person
selected
by
a
child
18
to
be
a
member
of
the
child’s
case
planning
team
at
any
time
19
if
the
department
has
good
cause
to
believe
that
the
person
20
would
not
act
in
the
best
interests
of
the
child.
One
person
21
selected
by
a
child
to
be
a
member
of
the
child’s
case
planning
22
team
may
be
designated
to
be
the
child’s
advisor
or,
if
23
necessary,
the
child’s
advocate
with
respect
to
the
application
24
of
the
reasonable
and
prudent
parent
standard.
The
plan
shall
25
specifically
include
all
of
the
following:
26
Sec.
2.
Section
232.2,
subsection
4,
paragraph
f,
Code
2016,
27
is
amended
to
read
as
follows:
28
f.
(1)
When
a
child
is
sixteen
fourteen
years
of
age
29
or
older,
a
written
transition
plan
of
services
,
supports,
30
activities,
and
referrals
to
programs
which,
based
upon
an
31
assessment
of
the
child’s
needs,
would
assist
the
child
in
32
preparing
for
the
transition
from
foster
care
to
adulthood.
33
The
transition
plan
and
needs
assessment
shall
be
developed
34
with
a
focus
on
the
services,
other
support,
and
actions
35
-1-
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_____
necessary
to
facilitate
the
child’s
successful
entry
into
1
adulthood.
The
transition
plan
shall
be
personalized
at
the
2
direction
of
the
child
and
shall
be
developed
with
the
child
3
present,
honoring
the
goals
and
concerns
of
the
child,
and
4
shall
address
the
following
areas
of
need
when
the
child
5
becomes
an
adult
for
the
child’s
successful
transition
from
6
foster
care
to
adulthood
,
including
but
not
limited
to
all
of
7
the
following:
8
(a)
Education.
9
(b)
Employment
services
and
other
workforce
support.
10
(c)
Health
and
health
care
coverage.
11
(d)
Housing
and
money
management
.
12
(e)
Relationships,
including
local
opportunities
to
have
a
13
mentor.
14
(f)
If
the
needs
assessment
indicates
the
child
is
15
reasonably
likely
to
need
or
be
eligible
for
services
or
16
other
support
from
the
adult
service
system
upon
reaching
age
17
eighteen,
the
transition
plan
shall
provide
for
the
child’s
18
application
for
adult
services.
19
(2)
The
transition
plan
shall
be
considered
a
working
20
document
and
shall
be
reviewed
and
updated
for
each
permanency
21
hearing
by
the
court
or
other
formal
case
permanency
plan
22
review
during
a
periodic
case
review,
which
shall
occur
at
a
23
minimum
of
once
every
six
months
.
The
transition
plan
shall
24
also
be
reviewed
and
updated
during
the
ninety
calendar-day
25
period
preceding
the
child’s
eighteenth
birthday
and
during
the
26
ninety
calendar-day
period
immediately
preceding
the
date
the
27
child
is
expected
to
exit
foster
care,
if
the
child
remains
28
in
foster
care
after
the
child’s
eighteenth
birthday.
The
29
transition
plan
may
be
reviewed
and
updated
more
frequently.
30
(3)
The
transition
plan
shall
be
developed
and
reviewed
31
by
the
department
in
collaboration
with
a
child-centered
32
transition
team.
The
transition
team
shall
be
comprised
of
33
the
child’s
caseworker
and
persons
selected
by
the
child,
34
persons
who
have
knowledge
of
services
available
to
the
child,
35
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and
any
person
who
may
reasonably
be
expected
to
be
a
service
1
provider
for
the
child
when
the
child
becomes
an
adult
or
to
2
become
responsible
for
the
costs
of
services
at
that
time.
3
If
the
child
is
reasonably
likely
to
need
or
be
eligible
for
4
adult
services,
the
transition
team
membership
shall
include
5
representatives
from
the
adult
services
system.
The
adult
6
services
system
representatives
may
include
but
are
not
limited
7
to
the
administrator
of
county
general
relief
under
chapter
8
251
or
252
or
the
regional
administrator
of
the
county
mental
9
health
and
disability
services
region,
as
defined
in
section
10
331.388
.
The
membership
of
the
transition
team
and
the
meeting
11
dates
for
the
team
shall
be
documented
in
the
transition
plan.
12
(4)
The
final
transition
plan
shall
specifically
identify
13
how
the
need
for
housing
will
be
addressed.
14
(5)
If
the
child
is
interested
in
pursuing
higher
education,
15
the
transition
plan
shall
provide
for
the
child’s
participation
16
in
the
college
student
aid
commission’s
program
of
assistance
17
in
applying
for
federal
and
state
aid
under
section
261.2
.
18
(6)
If
the
needs
assessment
indicates
the
child
is
19
reasonably
likely
to
need
or
be
eligible
for
services
or
20
other
support
from
the
adult
service
system
upon
reaching
age
21
eighteen,
the
transition
plan
shall
be
reviewed
and
approved
22
by
the
transition
committee
for
the
area
in
which
the
child
23
resides,
in
accordance
with
section
235.7
,
before
the
child
24
reaches
age
seventeen
and
one-half.
The
transition
committee’s
25
review
and
approval
shall
be
indicated
in
the
case
permanency
26
plan.
27
(7)
Provision
for
the
department
or
a
designee
of
the
28
department
on
or
before
the
date
the
child
reaches
age
29
eighteen
,
unless
the
child
has
been
placed
in
foster
care
for
30
less
than
six
months,
to
provide
to
the
child
a
certified
copy
31
of
the
child’s
birth
certificate
,
and
to
facilitate
securing
32
a
federal
social
security
card
,
and
driver’s
license
or
33
government-issued
nonoperator’s
identification
card
.
The
fee
34
for
the
certified
copy
of
the
child’s
birth
certificate
that
is
35
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otherwise
chargeable
under
section
144.13A
,
144.46
,
or
331.605
1
shall
be
waived
by
the
state
or
county
registrar.
2
Sec.
3.
Section
232.2,
Code
2016,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
45A.
“Reasonable
and
prudent
parent
5
standard”
means
the
same
as
defined
in
section
237.1.
6
Sec.
4.
Section
232.58,
subsection
3,
paragraph
d,
7
subparagraph
(4),
Code
2016,
is
amended
to
read
as
follows:
8
(4)
If
the
child
is
sixteen
years
of
age
or
older
and
9
the
department
has
documented
to
the
court’s
satisfaction
a
10
compelling
reason
for
determining
that
an
order
under
the
11
other
subparagraphs
of
this
paragraph
“d”
would
not
be
in
the
12
child’s
best
interest,
order
another
planned
permanent
living
13
arrangement
for
the
child.
14
Sec.
5.
Section
232.58,
Code
2016,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
3A.
If
the
court
enters
an
order
for
17
another
planned
permanent
living
arrangement
pursuant
to
18
subsection
3,
paragraph
“d”
,
the
court
shall
do
all
of
the
19
following:
20
a.
Ask
the
child
about
the
child’s
desired
permanency
21
outcome
and
make
a
judicial
determination
that
another
planned
22
permanent
living
arrangement
is
the
best
permanency
plan
for
23
the
child.
24
b.
Require
the
department
to
do
all
of
the
following:
25
(1)
Document
the
efforts
to
place
a
child
permanently
with
a
26
parent,
relative,
or
in
a
guardianship
or
adoptive
placement.
27
(2)
Document
that
the
planned
permanent
living
arrangement
28
is
the
best
permanency
plan
for
the
child
and
compelling
29
reasons
why
it
is
not
in
the
child’s
best
interest
to
be
placed
30
permanently
with
a
parent,
relative,
or
in
a
guardianship
or
31
adoptive
placement.
32
(3)
Document
all
of
the
following
at
the
permanency
hearing
33
and
the
six-month
periodic
review:
34
(a)
The
steps
the
department
is
taking
to
ensure
that
the
35
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planned
permanent
living
arrangement
follows
the
reasonable
and
1
prudent
parent
standard.
2
(b)
Whether
the
child
has
regular
opportunities
to
engage
in
3
age-appropriate
or
developmentally
appropriate
activities.
4
Sec.
6.
Section
232.68,
subsection
2,
paragraph
a,
Code
5
2016,
is
amended
by
adding
the
following
new
subparagraph:
6
NEW
SUBPARAGRAPH
.
(11)
The
recruitment,
harboring,
7
transportation,
provision,
obtaining,
patronizing,
or
8
soliciting
of
a
child
for
the
purpose
of
commercial
sexual
9
activity
as
defined
in
section
710A.1.
10
Sec.
7.
Section
232.68,
Code
2016,
is
amended
by
adding
the
11
following
new
subsections:
12
NEW
SUBSECTION
.
01.
“A
severe
form
of
trafficking
in
13
persons”
means
sex
trafficking
in
which
commercial
sexual
14
activity,
as
defined
in
section
710A.1,
is
induced
by
force,
15
fraud,
or
coercion,
or
in
which
the
person
induced
to
perform
16
such
act
has
not
attained
eighteen
years
of
age.
17
NEW
SUBSECTION
.
10.
“Sex
trafficking”
means
the
18
recruitment,
harboring,
transportation,
provision,
obtaining,
19
patronizing,
or
soliciting
of
a
person
for
the
purpose
of
20
commercial
sexual
activity
as
defined
in
section
710A.1.
21
NEW
SUBSECTION
.
11.
“Sex
trafficking
victim”
means
a
victim
22
of
any
of
the
following:
23
a.
A
severe
form
of
trafficking
in
persons.
24
b.
Sex
trafficking.
25
Sec.
8.
Section
232.70,
subsections
8
and
9,
Code
2016,
are
26
amended
to
read
as
follows:
27
8.
If
a
report
would
be
determined
to
constitute
an
28
allegation
of
child
abuse
as
defined
under
section
232.68,
29
subsection
2
,
paragraph
“a”
,
subparagraph
(3)
or
(5),
except
30
that
the
suspected
abuse
resulted
from
the
acts
or
omissions
31
of
a
person
other
than
a
person
responsible
for
the
care
of
the
32
child,
the
department
shall
refer
the
report
to
the
appropriate
33
law
enforcement
agency
having
jurisdiction
to
investigate
the
34
allegation.
The
department
shall
refer
the
report
orally
35
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as
soon
as
practicable
and
in
writing
within
seventy-two
1
hours
of
receiving
the
report.
Within
twenty-four
hours
of
2
receiving
a
report
from
a
mandatory
or
permissive
reporter,
3
the
department
shall
inform
the
reporter,
orally
or
by
other
4
appropriate
means,
whether
or
not
the
department
has
commenced
5
an
assessment
of
the
allegation
in
the
report.
6
9.
Within
twenty-four
hours
of
receiving
a
report
from
a
7
mandatory
or
permissive
reporter,
the
department
shall
inform
8
the
reporter,
orally
or
by
other
appropriate
means,
whether
9
or
not
the
department
has
commenced
an
assessment
of
the
10
allegation
in
the
report.
If
a
report
would
be
determined
11
to
constitute
an
allegation
of
child
abuse
as
defined
under
12
section
232.68,
subsection
2,
paragraph
“a”
,
subparagraph
(3)
13
or
(5),
except
that
the
suspected
abuse
resulted
from
the
acts
14
or
omissions
of
a
person
other
than
a
person
responsible
for
15
the
care
of
the
child,
the
department
shall
refer
the
report
16
to
the
appropriate
law
enforcement
agency
having
jurisdiction
17
to
investigate
the
allegation.
The
department
shall
refer
the
18
report
orally
as
soon
as
practicable
and
in
writing
within
19
seventy-two
hours
of
receiving
the
report.
20
Sec.
9.
Section
232.70,
Code
2016,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
10.
If
the
department
has
reasonable
23
cause
to
believe
that
a
child
under
the
placement,
care,
or
24
supervision
of
the
department
is,
or
is
at
risk
of
becoming,
25
a
sex
trafficking
victim,
the
department
shall
do
all
of
the
26
following:
27
a.
Identify
the
child
as
a
sex
trafficking
victim
or
at
risk
28
of
becoming
a
sex
trafficking
victim
and
include
documentation
29
in
the
child’s
department
records.
30
b.
Refer
the
child
for
appropriate
services.
31
c.
Refer
the
child
identified
as
a
sex
trafficking
victim,
32
within
twenty-four
hours,
to
the
appropriate
law
enforcement
33
agency
having
jurisdiction
to
investigate
the
allegation.
34
Sec.
10.
Section
232.71B,
subsection
1,
paragraph
a,
35
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subparagraph
(1),
Code
2016,
is
amended
to
read
as
follows:
1
(1)
Upon
acceptance
of
a
report
of
child
abuse,
the
2
department
shall
commence
a
child
abuse
assessment
when
the
3
report
alleges
child
abuse
as
defined
in
section
232.68,
4
subsection
2
,
paragraph
“a”
,
subparagraphs
(1)
through
(3)
and
5
subparagraphs
(5)
through
(10)
(11)
,
or
which
alleges
child
6
abuse
as
defined
in
section
232.68,
subsection
2
,
paragraph
“a”
,
7
subparagraph
(4),
that
also
alleges
imminent
danger,
death,
or
8
injury
to
a
child.
9
Sec.
11.
Section
232.71B,
subsection
3,
Code
2016,
is
10
amended
to
read
as
follows:
11
3.
Involvement
of
law
enforcement.
12
a.
The
department
shall
apply
protocols,
developed
with
the
13
local
child
protection
assistance
team
established
pursuant
to
14
section
915.35
,
to
prioritize
the
actions
taken
in
response
15
to
a
child
abuse
assessment
and
shall
work
jointly
with
child
16
protection
assistance
teams
and
law
enforcement
agencies
in
17
performing
assessment
and
investigative
processes
for
child
18
abuse
assessments
in
which
a
criminal
act
harming
a
child
is
19
alleged.
The
county
attorney
and
appropriate
law
enforcement
20
agencies
shall
also
take
any
other
lawful
action
which
may
be
21
necessary
or
advisable
for
the
protection
of
the
child.
22
b.
If
a
report
is
determined
not
to
constitute
a
child
23
abuse
allegation
or
if
the
child
abuse
report
is
accepted
24
but
assessed
under
the
family
assessment,
but
a
criminal
act
25
harming
a
child
is
alleged,
the
department
shall
immediately
26
refer
the
matter
to
the
appropriate
law
enforcement
agency.
27
c.
If
the
department
has
reasonable
cause
to
believe
that
28
a
child
under
the
placement,
care,
or
supervision
of
the
29
department
is,
or
is
at
risk
of
becoming,
a
sex
trafficking
30
victim,
the
department
shall
do
all
of
the
following:
31
(1)
Identify
the
child
as
a
sex
trafficking
victim
or
32
at
risk
of
becoming
a
sex
trafficking
victim
and
include
33
documentation
in
the
child’s
department
records.
34
(2)
Refer
the
child
for
appropriate
services.
35
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_____
H.F.
_____
(3)
Refer
the
child
identified
as
a
sex
trafficking
victim,
1
within
twenty-four
hours,
to
the
appropriate
law
enforcement
2
agency
having
jurisdiction
to
investigate
the
allegation.
3
d.
The
department
shall
report
a
child
under
the
placement,
4
care,
or
supervision
of
the
department
who
is
reported
as
5
missing
or
abducted
to
law
enforcement
and
to
the
national
6
center
for
missing
and
exploited
children
within
twenty-four
7
hours
of
receipt
of
the
report.
8
Sec.
12.
Section
232.102,
subsection
1,
paragraph
a,
9
subparagraph
(3),
Code
2016,
is
amended
to
read
as
follows:
10
(3)
The
department
of
human
services.
If
the
child
is
11
placed
in
a
juvenile
shelter
care
home
or
with
an
individual
12
or
agency
as
defined
in
section
237.1,
the
department
shall
13
assign
decision-making
authority
to
the
juvenile
shelter
care
14
home,
individual,
or
agency
for
the
purpose
of
applying
the
15
reasonable
and
prudent
parent
standard
during
the
child’s
16
placement.
17
Sec.
13.
Section
232.104,
subsection
2,
paragraph
d,
18
subparagraph
(4),
Code
2016,
is
amended
to
read
as
follows:
19
(4)
If
the
child
is
sixteen
years
of
age
or
older
and
20
the
department
has
documented
to
the
court’s
satisfaction
a
21
compelling
reason
for
determining
that
an
order
under
the
22
other
subparagraphs
of
this
paragraph
“d”
would
not
be
in
the
23
child’s
best
interest,
order
another
planned
permanent
living
24
arrangement
for
the
child.
25
Sec.
14.
Section
232.104,
Code
2016,
is
amended
by
adding
26
the
following
new
subsection:
27
NEW
SUBSECTION
.
2A.
If
the
court
enters
an
order
for
28
another
planned
permanent
living
arrangement
pursuant
to
29
subsection
2,
paragraph
“d”
,
the
court
shall
do
all
of
the
30
following:
31
a.
Ask
the
child
about
the
child’s
desired
permanency
32
outcome
and
make
a
judicial
determination
that
another
planned
33
permanent
living
arrangement
is
the
best
permanency
plan
for
34
the
child.
35
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_____
H.F.
_____
b.
Require
the
department
to
do
all
of
the
following:
1
(1)
Document
the
efforts
to
place
a
child
permanently
with
a
2
parent,
relative,
or
in
a
guardianship
or
adoptive
placement.
3
(2)
Document
that
the
planned
permanent
living
arrangement
4
is
the
best
permanency
plan
for
the
child
and
compelling
5
reasons
why
it
is
not
in
the
child’s
best
interest
to
be
placed
6
permanently
with
a
parent,
relative,
or
in
a
guardianship
or
7
adoptive
placement.
8
(3)
Document
all
of
the
following
at
the
permanency
hearing
9
and
the
six-month
periodic
review:
10
(a)
The
steps
the
department
is
taking
to
ensure
that
the
11
planned
permanent
living
arrangement
follows
the
reasonable
and
12
prudent
parent
standard.
13
(b)
Whether
the
child
has
regular
opportunities
to
engage
in
14
age-appropriate
or
developmentally
appropriate
activities.
15
Sec.
15.
Section
232.127,
subsection
10,
Code
2016,
is
16
amended
to
read
as
follows:
17
10.
If
the
child
is
sixteen
fourteen
years
of
age
or
older
18
and
an
order
for
an
out-of-home
placement
is
entered,
the
19
order
shall
specify
the
services
needed
to
assist
the
child
in
20
preparing
for
the
transition
from
foster
care
to
adulthood.
If
21
the
child
has
a
case
permanency
plan,
the
court
shall
consider
22
the
written
transition
plan
of
services
and
needs
assessment
23
developed
for
the
child’s
case
permanency
plan.
If
the
child
24
does
not
have
a
case
permanency
plan
containing
the
transition
25
plan
and
needs
assessment
at
the
time
the
order
is
entered,
the
26
written
transition
plan
and
needs
assessment
shall
be
developed
27
and
submitted
for
the
court’s
consideration
no
later
than
six
28
months
from
the
date
of
the
transfer
order.
The
court
shall
29
modify
the
initial
transfer
order
as
necessary
to
specify
30
the
services
needed
to
assist
the
child
in
preparing
for
the
31
transition
from
foster
care
to
adulthood.
If
the
transition
32
plan
identifies
services
or
other
support
needed
to
assist
33
the
child
when
the
child
becomes
an
adult
in
transitioning
34
from
foster
care
to
adulthood
and
the
court
deems
it
to
be
35
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_____
H.F.
_____
beneficial
to
the
child,
the
court
may
authorize
the
individual
1
who
is
the
child’s
guardian
ad
litem
or
court
appointed
special
2
advocate
to
continue
a
relationship
with
and
provide
advice
to
3
the
child
for
a
period
of
time
beyond
the
child’s
eighteenth
4
birthday.
5
Sec.
16.
Section
232.183,
subsection
5,
paragraph
d,
Code
6
2016,
is
amended
to
read
as
follows:
7
d.
If
the
child
is
sixteen
fourteen
years
of
age
or
older,
8
the
order
shall
specify
the
services
needed
to
assist
the
child
9
in
preparing
for
the
transition
from
foster
care
to
adulthood.
10
If
the
child
has
a
case
permanency
plan,
the
court
shall
11
consider
the
written
transition
plan
of
services
and
needs
12
assessment
developed
for
the
child’s
case
permanency
plan.
If
13
the
child
does
not
have
a
case
permanency
plan
containing
the
14
transition
plan
and
needs
assessment
at
the
time
the
order
is
15
entered,
the
transition
plan
and
needs
assessment
shall
be
16
developed
and
submitted
for
the
court’s
consideration
no
later
17
than
six
months
from
the
date
of
the
transfer
order.
The
court
18
shall
modify
the
initial
transfer
order
as
necessary
to
specify
19
the
services
needed
to
assist
the
child
in
preparing
for
the
20
transition
from
foster
care
to
adulthood.
If
the
transition
21
plan
identifies
services
or
other
support
needed
to
assist
22
the
child
when
the
child
becomes
an
adult
in
transitioning
23
from
foster
care
to
adulthood
and
the
court
deems
it
to
be
24
beneficial
to
the
child,
the
court
may
authorize
the
individual
25
who
is
the
child’s
guardian
ad
litem
or
court
appointed
special
26
advocate
to
continue
a
relationship
with
and
provide
advice
to
27
the
child
for
a
period
of
time
beyond
the
child’s
eighteenth
28
birthday.
29
Sec.
17.
Section
237.1,
Code
2016,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
9.
“Reasonable
and
prudent
parent
standard”
32
means
the
standard
characterized
by
careful
and
sensible
33
parenting
decisions
that
maintain
the
health,
safety,
and
34
best
interests
of
a
child,
while
at
the
same
time
encouraging
35
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_____
H.F.
_____
the
emotional
and
developmental
growth
of
a
child,
that
a
1
caregiver
shall
use
when
determining
whether
to
allow
a
child
2
in
foster
care
under
the
placement,
care,
or
supervision
of
3
the
department
to
participate
in
extracurricular,
enrichment,
4
cultural,
or
social
activities.
For
the
purposes
of
this
5
subsection,
“caregiver”
means
an
individual
or
an
agency
6
licensed
under
this
chapter
with
which
a
child
in
foster
care
7
has
been
placed
or
a
juvenile
shelter
care
home
approved
under
8
chapter
232
in
which
a
child
in
foster
care
has
been
placed.
9
Sec.
18.
NEW
SECTION
.
237.14A
Reasonable
and
prudent
parent
10
standard
——
immunity
from
liability.
11
The
department,
or
any
individual,
agency,
or
juvenile
12
shelter
care
home
that
applies
the
reasonable
and
prudent
13
parent
standard
in
good
faith
in
regard
to
a
child
in
foster
14
care
shall
have
immunity
from
civil
or
criminal
liability
which
15
might
otherwise
be
incurred
or
imposed.
This
section
shall
16
not
remove
or
limit
any
existing
liability
protection
afforded
17
under
any
other
law.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
concerns
child
welfare,
including
provisions
22
relating
to
children
under
the
custody,
control,
and
23
supervision
of
the
department
of
human
services
(DHS)
and
24
provisions
relating
to
children
who
are,
or
are
at
risk
of
25
becoming,
victims
of
sex
trafficking.
26
CASE
PERMANENCY
PLAN.
The
bill
amends
the
definition
of
27
case
permanency
plan
under
Code
section
232.2,
to
provide
that
28
if
the
child
is
14
years
of
age
or
older,
the
case
permanency
29
plan
shall
be
developed
in
consultation
with
the
child
and,
30
at
the
option
of
the
child,
up
to
two
persons
chosen
by
the
31
child
shall
be
members
of
the
child’s
case
planning
team
if
32
such
persons
are
not
a
foster
parent
of,
or
caseworker
for,
the
33
child.
DHS
may
reject
a
person
selected
by
a
child
to
be
a
34
member
of
the
child’s
case
planning
team
at
any
time
if
the
DHS
35
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S.F.
_____
H.F.
_____
has
good
cause
to
believe
that
the
person
would
not
act
in
the
1
best
interests
of
the
child.
One
person
selected
by
a
child
to
2
be
a
member
of
the
child’s
case
planning
team
may
be
designated
3
to
be
the
child’s
advisor
and,
if
necessary,
advocate
for
4
certain
purposes.
5
TRANSITION
SERVICES
PLAN.
A
case
permanency
plan
includes
6
a
written
transition
plan
of
services
for
a
child
who
is
16
7
years
of
age
or
older.
The
bill
amends
this
requirement
to
8
require
a
written
transition
plan
for
a
child
who
is
14
years
9
of
age
or
older
and
requires
the
services
plan
to
include
10
information
on
supports,
activities,
and
referrals
to
programs
11
that
would
assist
the
child
in
transitioning
from
foster
care
12
to
adulthood.
The
bill
requires
the
written
transition
plan
13
to
include
money
management
among
other
areas
of
need
to
aid
14
in
the
child’s
successful
transition
to
adulthood
from
foster
15
care,
and
that
the
transition
plan
shall
be
reviewed
and
16
updated
at
a
minimum
of
every
six
months.
As
a
part
of
the
17
transition
services
plan,
DHS
is
required,
on
or
before
the
18
date
the
child
reaches
the
age
of
18,
to
provide
the
child
19
with
a
certified
copy
of
the
child’s
birth
certificate,
social
20
security
card,
and
driver’s
license
or
government-issued
21
nonoperator’s
identification
card
unless
the
child
has
been
22
placed
in
foster
care
for
less
than
six
months.
23
PERMANENCY
HEARING
——
OTHER
PLANNED
PERMANENT
LIVING
24
ARRANGEMENTS.
A
court
order
for
an
out-of-home
placement
of
25
a
child
includes
a
determination
by
the
court
in
a
permanency
26
hearing
that
continuation
of
the
child
in
the
child’s
home
is
27
contrary
to
the
child’s
welfare.
The
bill
amends
the
option
28
for
the
court
after
a
permanency
hearing
to
order
another
29
planned
permanent
living
arrangement
to
only
allow
such
30
option
if
the
child
is
16
years
of
age
or
older,
and
provides
31
guidelines
for
the
court
to
follow
if
the
court
enters
such
an
32
order.
33
CHILD
ABUSE
——
SEX
TRAFFICKING.
The
bill
includes
the
34
recruitment,
harboring,
transportation,
provision,
obtaining,
35
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13
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_____
H.F.
_____
patronizing,
or
soliciting
of
a
child
for
the
purpose
of
1
commercial
sexual
activity
as
defined
in
Code
section
710A.1
in
2
the
definition
of
“child
abuse”
under
Code
section
232.68.
3
CHILD
SEX
TRAFFICKING
REPORTING
PROCEDURES.
If
DHS
has
4
reasonable
cause
to
believe
that
a
child
under
the
placement,
5
care,
or
supervision
of
the
department
is,
or
is
at
risk
of
6
becoming,
a
sex
trafficking
victim
as
defined
in
the
bill,
DHS
7
is
required
to
identify
the
child
as
a
sex
trafficking
victim
8
or
at
risk
of
becoming
a
sex
trafficking
victim,
refer
the
9
child
for
appropriate
services,
and
refer
the
child
within
10
24
hours
to
the
appropriate
law
enforcement
agency.
DHS
is
11
also
required
to
report
a
child
who
is
reported
as
missing
or
12
abducted
to
law
enforcement
and
to
the
national
center
for
13
missing
and
exploited
children
within
24
hours
after
receipt
14
of
the
report.
15
TRANSFER
OF
LEGAL
CUSTODY
OF
CHILD
AND
PLACEMENT.
If
the
16
court
after
a
dispositional
hearing
transfers
the
legal
custody
17
of
a
child
to
DHS
and
the
child
is
placed
in
a
juvenile
shelter
18
care
home
or
with
an
individual
or
agency
for
foster
care,
DHS
19
is
required
to
assign
decision-making
authority
to
the
juvenile
20
shelter
care
home,
individual,
or
agency
for
the
purpose
of
21
applying
the
reasonable
and
prudent
parent
standard
during
the
22
child’s
placement.
23
REASONABLE
AND
PRUDENT
PARENT
STANDARD.
The
bill
defines
24
“reasonable
and
prudent
parent
standard”
for
purposes
of
25
certain
decision-making
regarding
children
placed
in
foster
26
care
and
provides
an
immunity
provision
to
DHS,
or
any
27
individual,
agency,
or
juvenile
shelter
care
home
under
Code
28
chapter
237
that
applies
the
standard
in
good
faith.
29
The
bill
makes
conforming
Code
changes.
30
-13-
LSB
5266XD
(9)
86
rh/nh
13/
13
