Relating to juvenile justice policies and procedures

When a court or HHS is making a determination related to a parent’s , guardian’s , or custodian’s visitation or custody of a child removed from the parent, guardian, or custodian under Code chapter 232 (juvenile justice), the bill requires the court or HHS to restrict visitation to, and the court to not award custody of, the child to the extent the court or HHS has found the parent, guardian, or custodian has exhibited a pattern of mentally or physically abusive behavior; placing a child in danger due to the parent’s, guardian’s, or custodian’s mental illness; aggressive behavior toward others; or criminal behavior. The bill creates the presumption that a child’s parent, guardian, or custodian is unfit for visitation with or custody of a child if the parent, guardian, or custodian is required to register as a sex offender. The bill requires a court or HHS to take any record of a parent, guardian, or custodian having engaged in domestic abuse, having committed child abuse, or having been convicted for use of a controlled substance into account when making a determination relating to the parent, guardian, or custodian. The bill requires a court to order a parent, guardian, or custodian subject to a child in need of assistance proceeding, temporary custody of a child proceeding, or family in need of assistance proceeding to receive a psychological examination conducted by a licensed psychologist if the parent, guardian, or custodian has a record of engaging in domestic abuse, committing child abuse, or a conviction for use of a controlled substance. The psychological examination must be completed within calendar days from the date of the order requiring the psychological examination unless the parent, guardian, or custodian shows good cause for an extension. Failure to comply will result in the denial of the parent’s, guardian’s, or custodian’s custody and visitation rights for any child who is the subject of the proceeding for which the psychological evaluation was ordered. The court must hold a hearing to determine the parent’s, guardian’s, or custodian’s ability to pay for a required psychological examination. If, after giving the parent, guardian, or custodian an opportunity to be heard, the court determines the parent, guardian, or custodian is unable to pay the costs of the psychological examination, HHS must provide the services of a licensed psychologist to perform the psychological examination at state expense. The bill requires training relating to the effects of trauma on children from a licensed psychologist who specializes in childhood trauma for each HHS employee whose primary responsibilities require direct contact with children during a juvenile delinquency proceeding, a child in need of assistance proceeding, a temporary custody of a child proceeding, or a family in need of assistance proceeding. Training must be completed prior to the employee engaging in work with children. The bill requires a court to rely primarily on a child’s assessment conducted by a licensed psychologist when the court is determining the truth of an allegation of child abuse that was reported by the child subject to the abuse. When a court order issued in a juvenile delinquency proceeding, child in need of assistance proceeding, temporary custody of a child proceeding, or family in need of assistance proceeding allows a parent, guardian, or custodian who resides outside the state to have visitation rights with a child, the bill requires the order to specify that visitation with the child shall only occur within this state. A supervised visit authorized by a court or HHS subsequent to the removal of a child from the custody of a parent, guardian, or custodian shall not be supervised by a person who the court or HHS determines has a close, personal relationship with the parent, guardian, or custodian from whom the child was removed; a person required to register as a sex offender; or a person convicted of a crime that involved physical injury to a person. The bill requires, to the extent possible, for the same judge to preside over all hearings, make all determinations, and issue all orders related to a petition filed in a juvenile delinquency matter, a child in need of assistance matter, a temporary custody of a child matter, or a family in need of assistance matter.