Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009

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190 12 local government, which is designated for the purpose of

190 13 serving as an area agency by the chief elected official of

190 14 such unit.

190 15 c. (3) Any office or agency designated by the appropriate

190 16 chief elected officials of any combination of units of general

190 17 purpose local government to act on behalf of the combination

190 18 for such purpose.

190 19 d. (4) Any public or nonprofit private agency in a

190 20 planning and service area or any separate organizational unit

190 21 within such agency which is under the supervision or direction

190 22 for this purpose of the department of elder affairs and which

190 23 can engage in the planning or provision of a broad range of

190 24 supportive services or nutrition services within the planning

190 25 and service area.

190 26 b. Each area agency shall provide assurance, determined

190 27 adequate by the commission, that the area agency has the

190 28 ability to develop an area plan and to carry out, directly or

190 29 through contractual or other arrangements, a program in

190 30 accordance with the plan within the planning and service area.

190 31 In designating an area agency on aging within the planning and

190 32 service area, the commission shall give preference to an

190 33 established office of aging, unless the commission finds that

190 34 no such office within the planning and service area has the

190 35 capacity to carry out the area plan.
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191 1 Sec. 231. Section 232.2, subsections 11 and 21, Code 2009,

191 2 are amended to read as follows:

191 3 11. a. "Custodian" means a stepparent or a relative

191 4 within the fourth degree of consanguinity to a child who has

191 5 assumed responsibility for that child, a person who has

191 6 accepted a release of custody pursuant to division IV, or a

191 7 person appointed by a court or juvenile court having

191 8 jurisdiction over a child.

191 9 b. The rights and duties of a custodian with respect to a

191 10 child are as follows:

191 11 a. (1) To maintain or transfer to another the physical

191 12 possession of that child.

191 13 b. (2) To protect, train, and discipline that child.

191 14 c. (3) To provide food, clothing, housing, and medical

191 15 care for that child.

191 16 d. (4) To consent to emergency medical care, including

191 17 surgery.

191 18 e. (5) To sign a release of medical information to a

191 19 health professional.

191 20 c. All rights and duties of a custodian shall be subject

191 21 to any residual rights and duties remaining in a parent or

191 22 guardian.

191 23 21. a. "Guardian" means a person who is not the parent of

191 24 a child, but who has been appointed by a court or juvenile

191 25 court having jurisdiction over the child, to have a permanent

191 26 self=sustaining relationship with the child and to make

191 27 important decisions which have a permanent effect on the life

191 28 and development of that child and to promote the general

191 29 welfare of that child. A guardian may be a court or a

191 30 juvenile court. Guardian does not mean conservator, as

191 31 defined in section 633.3, although a person who is appointed

191 32 to be a guardian may also be appointed to be a conservator.

191 33 b. Unless otherwise enlarged or circumscribed by a court

191 34 or juvenile court having jurisdiction over the child or by

191 35 operation of law, the rights and duties of a guardian with
Senate File 446 - Introduced continued
192 1 respect to a child shall be as follows:

192 2 a. (1) To consent to marriage, enlistment in the armed

192 3 forces of the United States, or medical, psychiatric, or

192 4 surgical treatment.

192 5 b. (2) To serve as guardian ad litem, unless the

192 6 interests of the guardian conflict with the interests of the

192 7 child or unless another person has been appointed guardian ad

192 8 litem.

192 9 c. (3) To serve as custodian, unless another person has

192 10 been appointed custodian.

192 11 d. (4) To make periodic visitations if the guardian does

192 12 not have physical possession or custody of the child.

192 13 e. (5) To consent to adoption and to make any other

192 14 decision that the parents could have made when the

192 15 parent=child relationship existed.

192 16 f. (6) To make other decisions involving protection,

192 17 education, and care and control of the child.

192 18 Sec. 232. Section 232.2, subsection 22, paragraph a, Code

192 19 2009, is amended to read as follows:

192 20 a. "Guardian ad litem" means a person appointed by the

192 21 court to represent the interests of a child in any judicial

192 22 proceeding to which the child is a party, and includes a court

192 23 appointed special advocate, except that a court appointed

192 24 special advocate shall not file motions or petitions pursuant

192 25 to section 232.54, subsections subsection 1, paragraphs "a"

192 26 and 4 "d", section 232.103, subsection 2, paragraph "c", and

192 27 section 232.111.

192 28 Sec. 233. Section 232.22, subsection 3, paragraph c, Code

192 29 2009, is amended to read as follows:

192 30 c. (1) A room in a facility intended or used for the

192 31 detention of adults if there is probable cause to believe that

192 32 the child has committed a delinquent act which if committed by

192 33 an adult would be a felony, or aggravated misdemeanor under

192 34 section 708.2 or 709.11, a serious or aggravated misdemeanor

192 35 under section 321J.2, or a violation of section 123.46, and if
Senate File 446 - Introduced continued
193 1 all of the following apply:

193 2 (1) (a) The child is at least fourteen years of age.

193 3 (2) (b) The child has shown by the child's conduct,

193 4 habits, or condition that the child constitutes an immediate

193 5 and serious danger to another or to the property of another,

193 6 and a facility or place enumerated in paragraph "a" or "b" is

193 7 unavailable, or the court determines that the child's conduct

193 8 or condition endangers the safety of others in the facility.

193 9 (3) (c) The facility has an adequate staff to supervise

193 10 and monitor the child's activities at all times.

193 11 (4) (d) The child is confined in a room entirely

193 12 separated from detained adults, is confined in a manner which

193 13 prohibits communication with detained adults, and is permitted

193 14 to use common areas of the facility only when no contact with

193 15 detained adults is possible.

193 16 (2) However, if the child is to be detained for a

193 17 violation of section 123.46 or section 321J.2, placement in a

193 18 facility pursuant to this paragraph "c" shall be made only

193 19 after an attempt has been made to notify the parents or legal

193 20 guardians of the child and request that the parents or legal

193 21 guardians take custody of the child. If the parents or legal

193 22 guardians cannot be contacted, or refuse to take custody of

193 23 the child, an attempt shall be made to place the child in

193 24 another facility, including but not limited to a local

193 25 hospital or shelter care facility. Also, a child detained for

193 26 a violation of section 123.46 or section 321J.2 pursuant to

193 27 this paragraph "c" shall only be detained in a facility with

193 28 adequate staff to provide continuous visual supervision of the

193 29 child.

193 30 Sec. 234. Section 232.22, subsection 5, Code 2009, is

193 31 amended to read as follows:

193 32 5. a. A child shall not be detained in a facility under

193 33 subsection 3, paragraph "c" for a period of time in excess of

193 34 six hours without the oral or written order of a judge or a

193 35 magistrate authorizing the detention. A judge or magistrate
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194 1 may authorize detention in a facility under subsection 3,

194 2 paragraph "c" for a period of time in excess of six hours but

194 3 less than twenty=four hours, excluding weekends and legal

194 4 holidays, but only if all of the following occur or exist:

194 5 a. (1) The facility serves a geographic area outside a

194 6 standard metropolitan statistical area as determined by the

194 7 United States census bureau.

194 8 b. (2) The court determines that an acceptable

194 9 alternative placement does not exist pursuant to criteria

194 10 developed by the department of human services.

194 11 c. (3) The facility has been certified by the department

194 12 of corrections as being capable of sight and sound separation

194 13 pursuant to this section and section 356.3.

194 14 d. (4) The child is awaiting an initial hearing before

194 15 the court pursuant to section 232.44.

194 16 b. The restrictions contained in this subsection relating

194 17 to the detention of a child in a facility under subsection 3,

194 18 paragraph "c" do not apply if the court has waived its

194 19 jurisdiction over the child for the alleged commission of a

194 20 felony offense pursuant to section 232.45.

194 21 Sec. 235. Section 232.49, subsection 3, Code 2009, is

194 22 amended to read as follows:

194 23 3. a. At any time after the filing of a delinquency

194 24 petition the court may order a physical or mental examination

194 25 of the child if the following circumstances apply:

194 26 a. (1) The court finds such examination to be in the best

194 27 interest of the child; and

194 28 b. (2) The parent, guardian or custodian and the child's

194 29 counsel agree.

194 30 b. An examination shall be conducted on an outpatient

194 31 basis unless the court, the child's counsel and the parent,

194 32 guardian or custodian agree that it is necessary the child be

194 33 committed to a suitable hospital, facility or institution for

194 34 the purpose of examination. Commitment for examination shall

194 35 not exceed thirty days and the civil commitment provisions of
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195 1 chapter 229 shall not apply.

195 2 Sec. 236. Section 232.52, subsection 6, Code 2009, is

195 3 amended to read as follows:

195 4 6. a. When the court orders the transfer of legal custody

195 5 of a child pursuant to subsection 2, paragraph "d", "e", or

195 6 "f", the order shall state that reasonable efforts as defined

195 7 in section 232.57 have been made. If deemed appropriate by

195 8 the court, the order may include a determination that

195 9 continuation of the child in the child's home is contrary to

195 10 the child's welfare. The inclusion of such a determination

195 11 shall not under any circumstances be deemed a prerequisite for

195 12 entering an order pursuant to this section. However, the

195 13 inclusion of such a determination, supported by the record,

195 14 may be used to assist the department in obtaining federal

195 15 funding for the child's placement. If such a determination is

195 16 included in the order, unless the court makes a determination

195 17 that further reasonable efforts are not required, reasonable

195 18 efforts shall be made to prevent permanent removal of a child

195 19 from the child's home and to encourage reunification of the

195 20 child with the child's parents and family. The reasonable

195 21 efforts may include but are not limited to early intervention

195 22 and follow=up programs implemented pursuant to section

195 23 232.191.

195 24 b. When the court orders the transfer of legal custody of

195 25 a child pursuant to subsection 2, paragraph "d", and the child

195 26 is sixteen years of age or older, the order shall specify the

195 27 services needed to assist the child in preparing for the

195 28 transition from foster care to adulthood. If the child has a

195 29 case permanency plan, the court shall consider the written

195 30 transition plan of services and needs assessment developed for

195 31 the child's case permanency plan. If the child does not have

195 32 a case permanency plan containing the transition plan and

195 33 needs assessment at the time the transfer order is entered,

195 34 the written transition plan and needs assessment shall be

195 35 developed and submitted for the court's consideration no later
Senate File 446 - Introduced continued
196 1 than six months from the date of the transfer order. The

196 2 court shall modify the initial transfer order as necessary to

196 3 specify the services needed to assist the child in preparing

196 4 for the transition from foster care to adulthood. If the

196 5 transition plan identifies services or other support needed to

196 6 assist the child when the child becomes an adult and the court

196 7 deems it to be beneficial to the child, the court may

196 8 authorize the individual who is the child's guardian ad litem

196 9 or court appointed special advocate to continue a relationship

196 10 with and provide advice to the child for a period of time

196 11 beyond the child's eighteenth birthday.

196 12 Sec. 237. Section 232.54, Code 2009, is amended to read as

196 13 follows:

196 14 232.54 TERMINATION, MODIFICATION, OR VACATION AND

196 15 SUBSTITUTION OF DISPOSITIONAL ORDER.

196 16 1. At any time prior to its expiration, a dispositional

196 17 order may be terminated, modified, or vacated and another

196 18 dispositional order substituted therefor only in accordance

196 19 with the following provisions:

196 20 1. a. With respect to a dispositional order made pursuant

196 21 to section 232.52, subsection 2, paragraph "a", "b", or "c",

196 22 and upon the motion of a child, a child's parent or guardian,

196 23 a child's guardian ad litem, a person supervising the child

196 24 under a dispositional order, a county attorney, or upon its

196 25 own motion, the court may terminate the order and discharge

196 26 the child, modify the order, or vacate the order and

196 27 substitute another order pursuant to the provisions of section

196 28 232.52. Notice shall be afforded all parties, and a hearing

196 29 shall be held at the request of any party.

196 30 2. b. With respect to a dispositional order made pursuant

196 31 to section 232.52, subsection 2, paragraphs "d" and "e", the

196 32 court shall grant a motion of the person to whom custody has

196 33 been transferred for termination of the order and discharge of

196 34 the child, for modification of the order by imposition of less

196 35 restrictive conditions, or for vacation of the order and
Senate File 446 - Introduced continued
197 1 substitution of a less restrictive order unless there is clear

197 2 and convincing evidence that there has not been a change of

197 3 circumstance sufficient to grant the motion. Notice shall be

197 4 afforded all parties, and a hearing shall be held at the

197 5 request of any party or upon the court's own motion.

197 6 3. c. With respect to a dispositional order made pursuant

197 7 to section 232.52, subsection 2, paragraphs "d", or "e", or

197 8 "f", the court shall grant a motion of a person or agency to

197 9 whom custody has been transferred for modification of the

197 10 order by transfer to an equally restrictive placement, unless

197 11 there is clear and convincing evidence that there has not been

197 12 a change of circumstance sufficient to grant the motion.

197 13 Notice shall be afforded all parties, and a hearing shall be

197 14 held at the request of any party or upon the court's own

197 15 motion.

197 16 4. d. With respect to a dispositional order made pursuant

197 17 to section 232.52, subsection 2, paragraphs "d", "e", or "f",

197 18 the court may, after notice and hearing, either grant or deny

197 19 a motion of the child, the child's parent or guardian, or the

197 20 child's guardian ad litem, to terminate the order and

197 21 discharge the child, to modify the order either by imposing

197 22 less restrictive conditions or by transfer to an equally or

197 23 less restrictive placement, or to vacate the order and

197 24 substitute a less restrictive order. A motion may be made

197 25 pursuant to this paragraph no more than once every six months.

197 26 5. e. With respect to a dispositional order made pursuant

197 27 to section 232.52, subsection 2, paragraphs "d" and "e", the

197 28 court may, after notice and a hearing at which there is

197 29 presented clear and convincing evidence to support such an

197 30 action, either grant or deny a motion by a county attorney or

197 31 by a person or agency to whom custody has been transferred, to

197 32 modify an order by imposing more restrictive conditions or to

197 33 vacate the order and substitute a more restrictive order.

197 34 6. f. With respect to a temporary transfer order made

197 35 pursuant to section 232.52, subsection 9, if the court finds
Senate File 446 - Introduced continued
198 1 that removal of a child from the state training school is

198 2 necessary to safeguard the child's physical or emotional

198 3 health and is in the best interests of the child, the court

198 4 shall grant the director's motion for a substitute

198 5 dispositional order to place the child in a facility which has

198 6 been designated to be an alternative placement site for the

198 7 state training school.

198 8 7. g. With respect to a juvenile court dispositional

198 9 order entered regarding a child who has received a youthful

198 10 offender deferred sentence under section 907.3A, the

198 11 dispositional order may be terminated prior to the child

198 12 reaching the age of eighteen upon motion of the child, the

198 13 person or agency to whom custody of the child has been

198 14 transferred, or the county attorney following a hearing before

198 15 the juvenile court if it is shown by clear and convincing

198 16 evidence that it is in the best interests of the child and the

198 17 community to terminate the order. The hearing may be waived

198 18 if all parties to the proceeding agree. The dispositional

198 19 order regarding a child who has received a youthful offender

198 20 deferred sentence may also be terminated prior to the child

198 21 reaching the age of eighteen upon motion of the county

198 22 attorney, if the waiver of the child to district court was

198 23 conditioned upon the terms of an agreement between the county

198 24 attorney and the child, and the child violates the terms of

198 25 the agreement after the waiver order has been entered. The

198 26 district court shall discharge the child's youthful offender

198 27 status upon receiving a termination order under this section.

198 28 8. h. With respect to a dispositional order entered

198 29 regarding a child who has received a youthful offender

198 30 deferred sentence under section 907.3A, the juvenile court

198 31 may, in the case of a child who violates the terms of the

198 32 order, modify or terminate the order in accordance with the

198 33 following:

198 34 a. (1) After notice and hearing at which the facts of the

198 35 child's violation of the terms of the order are found, the
Senate File 446 - Introduced continued
199 1 juvenile court may refuse to modify the order, modify the

199 2 order and impose a more restrictive order, or, after an

199 3 assessment of the child by a juvenile court officer in

199 4 consultation with the judicial district department of

199 5 correctional services and if the child is age fourteen or

199 6 over, terminate the order and return the child to the

199 7 supervision of the district court under chapter 907.

199 8 b. (2) The juvenile court shall only terminate an order

199 9 under this subsection paragraph "h" if after considering the

199 10 best interests of the child and the best interests of the

199 11 community the court finds that the child should be returned to

199 12 the supervision of the district court.

199 13 c. (3) A youthful offender over whom the juvenile court

199 14 has terminated the dispositional order under this subsection

199 15 paragraph "h" shall be treated in the manner of an adult who

199 16 has been arrested for a violation of probation under section

199 17 908.11 for sentencing purposes only.

199 18 2. Notice requirements of this section shall be satisfied

199 19 by providing reasonable notice to the persons required to be

199 20 provided notice for adjudicatory hearings under section

199 21 232.37, except that notice shall be waived regarding a person

199 22 who was notified of the adjudicatory hearing and who failed to

199 23 appear. At a hearing under this section all relevant and

199 24 material evidence shall be admitted.

199 25 Sec. 238. Section 232.55, subsection 2, Code 2009, is

199 26 amended to read as follows:

199 27 2. a. Adjudication and disposition proceedings under this

199 28 division are not admissible as evidence against a person in a

199 29 subsequent proceeding in any other court before or after the

199 30 person reaches majority except in a sentencing proceeding

199 31 after conviction of the person for an offense other than a

199 32 simple or serious misdemeanor.

199 33 b. Adjudication and disposition proceedings may properly




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