Relating to juvenile justice including juvenile delinquency, child in need of assistance and family in need of assistance proceedings, juvenile justice reform, and juvenile court expenses and costs, and including effective date, applicability, and retroactive applicability provisions, and making appropriations

The bill redefines “child in need of assistance” as a child who has been found to meet the grounds for adjudication in a child in need of assistance proceeding.96A.24 (court appointed special advocates). The bill defines “fictive kin” as an adult person who is not a relative of a child but who has an emotionally positive significant relationship with the child or the child’s family. The bill defines “foster care” as the provision of parental nurturing, including but not limited to the furnishing of food, lodging, training, education, supervision, treatment, or other care, to a child on a full-time basis by a person, including an adult relative or fictive kin of the child, and where the child is under the placement, care, or supervision of the department of human services (DHS), juvenile court services, or a tribe with whom DHS has entered into an agreement pursuant to a court order or voluntary placement, but not including a guardian of the child. The bill redefines “guardian” as a person who is not the parent of a child, but who has been appointed by a court having jurisdiction over the child, to have a permanent self-sustaining relationship with the child and to make important decisions which have a permanent effect on the life and development of that child and to promote the general welfare of that child. A guardian may be a court. Guardian does not mean conservator, although a person who is appointed to be a guardian may also be appointed to be a conservator. The bill redefines “guardian ad litem” (GAL) as a person appointed by the court to represent the interests of a child in any judicial proceeding to which the child is a party. The bill requires a court to make a finding of good cause before enlarging or circumscribing the duties of a GAL in a juvenile justice matter. The bill requires a GAL to submit a written report to the juvenile court and to each of the parties detailing how the GAL complied with the required duties of a GAL. If the GAL is also appointed to represent the child as an attorney, the written report must contain an assessment of this dual role and whether there is a need for the court to appoint a separate GAL. Written reports must be submitted for each court hearing unless otherwise ordered by the court. The bill requires a GAL to provide a sibling of a child who was not placed with the child with the reasons why the child and the sibling have not been placed together and an explanation of the efforts being made to facilitate placement together or why efforts to place the child and sibling together are not appropriate. This requirement shall not apply if the sibling’s age or mental state makes it inappropriate to give such explanations. The bill creates minimum requirements that a GAL must adhere to when formulating a position which serves the best interests of the child. The bill removes “neglect” from the definition of “child abuse and neglect”, and creates a new definition of “neglect” as the failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing, medical or mental health treatment, supervision, or other care necessary for the child’s health and welfare when financially able to do so, or when offered financial or other reasonable means to do so. The bill defines “putative father” as a person who has been identified by the mother of a child as the child’s potential biological father or a person who claims to be the biological father of a child and who was not married to the child’s mother at the time of the child’s birth when all of the following apply: biological testing has not excluded the person as the child’s biological father; no legal father has been established, biological testing excludes the previously identified father, or previous paternity has otherwise been disestablished; information sufficient to identify and find the person has been provided to the county attorney by the mother, the person, or a party to any proceedings under Code chapter 232; and the person has not been found by a court to be uncooperative with genetic testing. The bill redefines “relative” as an individual related to the child within the fourth degree of consanguinity or affinity, by marriage, or through adoption. For the purposes of child in need of assistance matters and terminations of parental rights, “relative” includes the parent of a sibling of the child if the sibling’s parent’s parental rights were not previously terminated in relation to the child. The bill redefines “sibling” as an individual who is related to another individual by blood, adoption, or affinity through a common legal or biological parent, regardless of whether a common legal or biological parent’s parental rights have been terminated. The bill includes matters involving minor guardianships as a matter that is restricted solely to the jurisdiction of the juvenile court. DIVISION II —— JUVENILE DELINQUENCY PROCEEDINGS —— TAKING A CHILD INTO CUSTODY. The bill removes the option for a peace officer who believes a child has run away from home to place a child in a runaway assessment center. DIVISION III —— JUVENILE DELINQUENCY PROCEEDINGS —— JUDICIAL PROCEEDINGS. The bill allows a service of summons or notice in juvenile delinquency proceedings and termination of parent-child relationship proceedings to be made by publication if a court believes service would otherwise be impracticable. The bill allows a court to waive the requirement for reasonable efforts to prevent the permanent removal of a child from the child’s home when the parent has been convicted of the murder of another child; the parent has been convicted of the voluntary manslaughter of another child; the parent has been convicted of aiding or abetting, attempting, conspiring in, or soliciting the commission of the murder or voluntary manslaughter of another child; or the parent has been convicted of a felony assault which resulted in serious bodily injury of the child or of another child. DIVISION IV —— CHILD IN NEED OF ASSISTANCE —— CHILD ABUSE REPORTING, ASSESSMENT, AND REHABILITATION. The bill revises the state’s legislative findings establishing the purpose and policy of child in need of assistance proceedings to provide that the state recognizes that removing a child from the child’s family will cause the child harm and that the harm caused by a child’s removal must be weighed against the potential harm in allowing a child to remain with the child’s family. The bill requires an allegation of child abuse based on the failure to provide certain care to the child or for the unlawful use, possession, manufacturing, cultivating, or distribution of certain dangerous substances to be reported to DHS within five years of a report in order to qualify as child abuse. The bill requires all reports of possible child abuse to be made orally by both mandatory reporters and permissive reporters to DHS. The bill requires multidisciplinary teams to assist in the provision of services subsequent to the assessment, diagnosis, and disposition of a child abuse assessment upon request by DHS. DIVISION V —— CHILD IN NEED OF ASSISTANCE PROCEEDINGS —— TEMPORARY CUSTODY OF A CHILD. The bill requires a court, prior to ordering a temporary removal of a child pursuant to an ex parte order, to make a finding that substantial evidence exists to demonstrate that the need for removal outweighs the potential harm removal of a child from a child’s family would cause the child, including but not limited to any physical, emotional, social, and mental trauma the removal may cause the child. The bill requires a court, in any order for temporary removal of a child, to make a finding that the necessity of the removal of the child from the child’s home, due to an imminent risk to the child’s life or health, is greater than the potential harm including but not limited to physical, emotional, social, and mental trauma the removal of the child may cause the child. The bill requires that, if the juvenile court determines that a child’s custody should be temporarily removed from the child’s home pursuant to an ex parte order, the court shall consider placing the child in the temporary custody to another parent of the child. If the juvenile court determines custody with any of the child’s parents is not in the child’s best interests, custody shall be transferred to DHS for placement of the child in any of the following categories in the following order of priority: an adult relative of the child, including but not limited to adult siblings and parents of siblings; a fictive kin; any other suitable placement identified by the child’s relatives; an individual licensed to provide foster care; or a group care facility, shelter care facility, or other residential treatment facility. If a child is placed with a licensed foster care provider, DHS must assign decision-making authority to the foster care provider for the purpose of applying the reasonable and prudent parent standard during the child’s placement. The bill provides that if a court places custody of a child with DHS for temporary placement of a child, the court may identify a category for placement of the child, but DHS shall select the specific person or facility placement subject to court review upon the request of an interested party. The court shall give deference to DHS’s decision, and a party opposed to the decision shall have the burden to prove DHS failed to act in the child’s best interests by unreasonably or irresponsibly failing to find suitable placement for the child. The bill requires a court to make a specific finding that placement with an adult relative is not in the child’s best interests and provide reasons for the finding before a court may order placement of a child in a category consisting of nonrelatives. The bill requires a peace officer or juvenile court officer who takes a child into custody, a physician treating a child, or a peace officer, physician, or medical security personnel authorized by a juvenile court officer to take a child into custody to make every reasonable effort to place the child with an adult relative of the child or a fictive kin. The bill requires a peace officer who has determined a child does not have adult supervision because the child’s parent, guardian, or other person responsible for the care of the child has been arrested and detained or has been unexpectedly incapacitated, and that no adult who is legally responsible for the care of the child can be located within a reasonable period of time, to attempt to place the child with an adult relative of the child or a fictive kin of the child. The bill defines “safety plan” as a short-term, time-limited agreement entered into between DHS and a child’s parent designed to address signs of imminent or impending danger to a child as identified by DHS. The bill allows DHS to enter into a safety plan with a child’s parent upon a determination by DHS that potential harm to a child may be mitigated by the development of a safety plan. The bill provides that the implementation of a safety plan shall not be construed as a removal from parental custody absent a court order placing the child with a person or facility other than the parent who entered into the safety plan. The bill directs DHS to adopt rules to implement the new Code section relating to safety plans. The bill allows a court to enter an ex parte order removing an alleged domestic abuser from a child’s home if a court, DHS, a juvenile court officer, or a county attorney alleges that the alleged domestic abuser has committed domestic abuse against or in the presence of a child upon a showing that probable cause exists to believe that the domestic abuse has occurred and that substantial evidence exists to believe that the presence of the alleged domestic abuser in the child’s residence presents a danger to the child’s life or physical, emotional, or mental health. The bill allows a court or alleged domestic abuser to file a motion for a hearing to determine whether the order to vacate the residence should be upheld, modified, or vacated. The bill requires a hearing to be held within days of removal of an alleged sexual offender, physical abuser, or domestic abuser from a child’s residence. The bill requires that, unless custody of a child is transferred from one of the child’s parents to another parent of the child, within days after the entry of an order removing the child from the custody of the child’s parent or parents, DHS, juvenile court services, or a private agency must exercise due diligence in identifying and providing notice to the child’s grandparents, aunts, uncles, adult siblings, parents of the child’s siblings, and adult relatives suggested by the child’s parents, subject to exceptions due to the presence of family or domestic violence. The bill authorizes DHS, juvenile court services, or a private agency to share information as necessary to explore a child’s potential placement with any of the child’s grandparents, aunts, uncles, adult siblings, parents of the child’s siblings, and adult relatives suggested by the child’s parents, subject to exceptions due to the presence of family or domestic violence. The bill requires DHS to provide notice of a child’s transfer of custody to grandparents, aunts, uncles, adult siblings, parents of the child’s siblings, and adult relatives suggested by the child’s parents who were later discovered by or identified to DHS within days of that individual becoming known to DHS. DIVISION VI —— CHILD IN NEED OF ASSISTANCE PROCEEDINGS —— JUDICIAL PROCEEDINGS. The bill allows putative fathers the right to counsel in connection with child in need of assistance hearings and proceedings. The bill requires a court to appoint separate legal counsel for a child if that child is represented by counsel and there is a conflict of interest between the counsel and the child’s putative father. The bill allows a court to appoint a separate person for a child’s counsel and the child’s GAL if the same person cannot properly represent the child’s best interests in accordance with the framework established in the definition of a GAL. The bill requires that if a child’s GAL is also acting as legal counsel for the child, each report submitted to a court by the GAL shall contain a statement indicating whether a separate GAL is required based on the GAL’s interviews and investigations conducted until the time the GAL submits a report to the court. The bill prohibits a court from appointing a court-appointed special counsel as a GAL. The bill requires a child’s parent to be made a party to a child in need of assistance proceeding. The bill allows an agency, facility, institution, relative with a substantial relationship to the child, fictive kin, or individual providing custodial care to the child to petition a court to be made a party to a child in need of assistance proceeding. The bill creates the presumption that it is in the best interests of a child years of age or older to attend all child in need of assistance hearings. The bill prohibits any continuances in a child in need of assistance or termination of parental rights proceeding except upon a showing of good cause. The bill provides that upon a hearing regarding temporary removal of a child from a child’s home after the filing of a child in need of assistance petition, a court may return the child to a person with legal custody of the child pending a final order of disposition; authorize a physician or hospital to provide medical or surgical procedures if such procedures are necessary to safeguard the child’s life or health; remove the child from home and place the child with a parent of the child pending a final order of disposition; or remove the child from home and place custody of the child with DHS for placement of the child, pending a final order of disposition, in any of the following categories in the following order of priority: an adult relative of the child, including but not limited to adult siblings and parents of siblings; a fictive kin; any other suitable placement identified by the child’s relatives; an individual licensed to provide foster care; or a group care facility, shelter care facility, or other residential treatment facility. If the child is placed with a licensed foster care provider, the bill requires DHS to assign decision-making authority to the foster care provider for the purpose of applying the reasonable and prudent parent standard during the child’s placement. The bill requires a court that orders the temporary removal of a child pursuant to the filing of a child in need of assistance petition to make a determination that continuation of the child in the child’s home would be contrary to the welfare of the child, that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child’s home, and that substantial evidence exists to demonstrate that the need for removal due to an imminent risk to the child’s life or health is greater than the potential harm including but not limited to any physical, emotional, social, or mental trauma the removal may cause the child. The bill requires a court to make a determination regarding continuation of the child in the child’s home, and regarding reasonable efforts, including those made to prevent removal and those made to finalize any permanency plan in effect, as well as any determination by the court that reasonable efforts are not required, on a case-by-case basis. The grounds for each determination must be explicitly documented and stated in the court order while giving the preservation of the safety of the child paramount consideration. If imminent danger to the child’s life or health exists at the time of the court’s consideration, the determinations otherwise required must not be a prerequisite for an order for temporary removal of the child. The bill provides that if a court places temporary custody of a child with DHS after the filing of a child in need of assistance petition, the court may identify a category for placement of the child, but DHS shall have the authority to select the specific person or facility within that category for placement, subject to court review upon the request of an interested party. The court shall give deference to DHS’s placement decision, and the party opposed to DHS’s decision shall have the burden to prove DHS failed to act in the child’s best interests by unreasonably or irresponsibly failing to select suitable placement for the child. The bill prohibits a court from ordering temporary placement of a child in a category consisting of nonrelatives without a specific finding that placement with an adult relative is not in the child’s best interest and providing reasons for the finding. The bill requires a court order removing a child from the child’s parent after the filing of a child in need of assistance petition to include a statement informing the child’s parent that the consequences of a permanent removal may include termination of the parent’s rights with respect to the child. The bill allows a report, study, record, or other writing or an audiotape or videotape recording made by a child protection center to be admitted into evidence in a child in need of assistance proceeding. The bill allows a court that determines a child is a child in need of assistance to order the temporary removal of a child from the child’s home. If the court does order such a removal, the court may place the child with a parent of the child pending a final order of disposition or remove the child from home and place custody of the child with DHS for placement of the child, pending a final order of disposition, with any of the following in order of priority: an adult relative of the child, including but not limited to adult siblings and parents of siblings; a fictive kin; any other suitable placement identified by the child’s relatives; an individual licensed to provide foster care; or a group care facility, shelter care facility, or other residential treatment. If the child is placed with a licensed foster care provider, the bill requires DHS to assign decision-making authority to the foster care provider for the purpose of applying the reasonable and prudent parent standard during the child’s placement. The bill requires orders for temporary removal of a child after determining a child to be a child in need of assistance to include a determination that substantial evidence exists to demonstrate that the need for removal due to an imminent risk to the child’s life or health is greater than the potential harm including but not limited to any physical, emotional, social, or mental trauma the removal may cause the child, and, if the court orders a removal of a child for placement with a nonrelative, a specific finding that placement with an adult relative is not in the child’s best interest and reasons for the finding. The bill provides that if the court places custody of a child with DHS after ordering the temporary removal of the child, the court may identify a category of individuals or facilities as previously specified for placement of the child, but DHS shall have the authority to select the specific person or facility within that category for placement, subject to court review upon the request of an interested party. The court shall give deference to DHS’s placement decision, and the party opposed to DHS’s decision shall have the burden to prove DHS failed to act in the child’s best interests by unreasonably or irresponsibly failing to select suitable placement for the child. The bill requires DHS to file a copy of a social investigation report created pursuant to a child in need of assistance proceeding with the court, and the court shall restrict access to the social investigation report to the counsel for the child, counsel for the child’s parent, guardian, or custodian, DHS, the state’s counsel, the court appointed special advocate, a local foster care review board, the county attorney, and the GAL. The bill authorizes a court, in the court’s discretion, to order counsel not to disclose parts of a social investigation report to the child, or to the parent, guardian, or custodian of the child. The bill provides that a child’s parent, guardian, or foster parent or other person with custody of or providing substantial care to a child in need of assistance shall be provided with information from a social investigative report indicating the child or parent has behaved in a manner that threatened the safety of another person, has committed a violent act causing bodily injury to another person, has committed sexual abuse, or has been a victim of sexual abuse, unless otherwise ordered by the court. The bill allows a court, after a dispositional hearing, to enter an order transferring the legal custody of the child to a parent of the child. If the court determines that custody with the child’s parents is not in the child’s best interests, custody shall be transferred to DHS for placement of the child in the same manner as a temporary removal of a child. The bill prohibits a court from ordering group foster care placement of a child which is a charge upon the state unless that placement is in compliance with procedures established by DHS by rule. The bill eliminates a requirement that a court review and address a child’s participation in developmentally appropriate extracurricular activities.102A for purposes of child in need of assistance proceedings. The bill allows DHS or juvenile court services to authorize reasonable visitation between a child and the child’s adult relative or fictive kin unless prohibited by court order or DHS or juvenile court services finds that allowing the visitation would not be in the child’s best interest. The bill requires that interactions between a child and the child’s family continue regardless of a parent’s failure to comply with requirements of the court or DHS, provided there is no finding by a court or DHS that such interaction would be detrimental to the child. The bill allows a child’s parent, guardian, or custodian to file a motion to terminate, modify, or vacate and substitute a dispositional order at least once every days except with leave of the court for good cause shown. The bill requires a court-appointed attorney to be paid by the state public defender’s office for work done relating to a bridge order. The bill allows a court at a child’s permanency hearing to order a transfer of guardianship and custody of the child to an adult relative, fictive kin, or other suitable person. The bill requires a court, when entering a permanency order for a child, to transfer the legal custody of the child to a parent of the child. If the court finds that custody of the child with the child’s parents is not in the child’s best interests, custody must be transferred to DHS for placement of the child in the same manner as temporary placement of a child. The bill requires that, if a court that orders the transfer of custody of a child and siblings for placement, reasonable efforts shall be made to place the child and siblings together whenever possible and if placement together is in the best interests of each child. This requirement remains applicable to custody transfer orders made at separate times, provided the requirement will not jeopardize the stability of placements and is in the best interest of each child. This requirement also applies in addition to efforts made to place the child with an adult relative. The bill requires a child’s attorney or GAL, if custody of siblings is transferred but they are not placed in the same placement together, to provide the siblings with the reasons why and the efforts being made to facilitate such placement, or why making efforts for such placement is not appropriate. An explanation is not required if the siblings’ ages or mental states make such an explanation inappropriate. The bill requires that, unless visitation or ongoing interaction with siblings is suspended or terminated by the court, DHS or a private agency shall make reasonable efforts to place the siblings together and provide for visitation or other ongoing interaction between the child and the child’s siblings. The bill allows a person who wishes to assert a sibling relationship with a child who is subject to an order issued for an out-of-home placement to request visitation or other ongoing interaction with the child by filing a motion or petition with the court with jurisdiction over the child. DIVISION VII —— TERMINATION OF PARENT-CHILD RELATIONSHIP PROCEEDINGS. The bill requires a county attorney to file a petition for termination of a parent-child relationship and parental rights to a child or, if a petition has been filed, join in the petition if the child’s parent has been convicted of murder or the voluntary manslaughter of another child; aiding or abetting, attempting, conspiring in, or soliciting the commission of the murder or voluntary manslaughter of another child; or a felony assault which resulted in serious bodily injury of the child or of another child. The bill allows a court to authorize service by publication in termination of parent-child relationship proceedings if the court determines that personal service is impracticable. The bill provides that a court shall not require a finding of a nonaccidental physical injury when considering whether to terminate parental rights on the grounds a child subject to the proceeding, or a child who is a member of the same family of the child subject to the proceeding, was physically or sexually abused or neglected as the result of the acts or omissions of one or both parents. The bill allows a court to terminate parental rights if a child has been adjudicated a child in need of assistance, the parent presents a danger to self or others as evidenced by prior acts, the parent has a severe substance-related disorder either as that term is defined in the most current edition of the diagnostic and statistical manual prepared by the American psychiatric association or as evidenced by prior acts, or the disorder is evidenced by continued and repeated use through the case when the parent refuses to obtain a substance abuse evaluation or treatment after given the opportunity to do so and there is clear and convincing evidence that the parent’s prognosis indicates that the child will not be able to be returned to the custody of the parent within a reasonable period of time considering the child’s age and need for a permanent home. The bill allows a court to terminate parental rights if the court concludes that facts sufficient to sustain the petition have been established by clear and convincing evidence. If the court terminates the parental rights of the child’s parent, the bill requires the court to transfer the guardianship and custody of the child to a parent of the child whose parental rights have not been terminated. If the court find that guardianship and custody with the child’s parents is not in the child’s best interests, the bill requires guardianship and custody to be transferred for placement of the child, with any of the following in order of priority: DHS if DHS had custody of the child at the time of the filing of the petition for termination of parental rights, or if custody with DHS is necessary to facilitate the permanency or adoption goal, unless DHS waives its priority; an adult relative of the child, including but not limited to adult siblings or parents of siblings; a fictive kin; or a child-placing agency or other suitable private agency, facility, or institution which is licensed or otherwise authorized by law to receive and to provide care for the child. The bill requires a court, when the court orders a termination of parental rights and siblings are not placed together but have an existing relationship, to order ongoing contact between the siblings if the court finds that visitation or ongoing interaction is in the best interest of each sibling. However, this requirement shall not be construed to require visitation between a child and a parent whose parental rights have been terminated for that child, even if a sibling remains with the parent. The bill provides that a moving party or a party opposed to the actions taken by a court-appointed guardian has the burden to establish that the court-appointed guardian fail