Senate File 2270 - Introduced
SENATE FILE 2270
BY J. TAYLOR
A BILL FOR
1 An Act relating to juvenile justice policies and procedures.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 232.71B, subsection 4, paragraph a, Code
2 2024, is amended by adding the following new subparagraphs:
3 NEW SUBPARAGRAPH. (3) If the allegation of child abuse
4 came from the child claiming to be subject to the abuse, an
5 assessment of the child by a psychologist licensed under
6 chapter 154B.
7 NEW SUBPARAGRAPH. (4) If the allegation of child abuse
8 constitutes physical abuse, an assessment of the child by a
9 health practitioner to determine the extent of physical abuse.
10 Sec. 2. Section 232.141, subsection 4, Code 2024, is amended
11 by adding the following new paragraph:
12 NEW PARAGRAPH. 0c. Expenses for a psychological examination
13 of a child’s parent, guardian, or custodian ordered by the
14 court under section 232.197, subsection 4.
15 Sec. 3. NEW SECTION. 232.197 General policies and
16 procedures.
17 1. When a court or the department is making a determination
18 related to a parent’s, guardian’s, or custodian’s visitation
19 or custody of a child removed from the parent, guardian, or
20 custodian pursuant to this chapter, the court or the department
21 shall restrict visitation, and the court shall not award
22 custody to the extent the court or the department has found the
23 parent, guardian, or legal custodian has exhibited a pattern
24 of any of the following:
25 a. Mentally or physically abusive behavior.
26 b. Placing a child in danger due to the parent’s,
27 guardian’s, or custodian’s mental illness.
28 c. Aggressive behavior toward others.
29 d. Criminal behavior.
30 2. If a child’s parent, guardian, or custodian is required
31 to register as a sex offender under section 692A.103, when the
32 court is making a determination under this chapter concerning
33 the parent’s , guardian’s, or custodian’s visitation rights to,
34 or custody of, a child, there shall be a presumption that the
35 parent, guardian, or custodian is unfit for visitation with or
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1 custody of a child.
2 3. In any proceeding under this chapter, a court shall
3 consider any record showing that a parent, guardian, or
4 custodian engaged in domestic abuse as defined in section
5 236.2, committed child abuse as defined in section 232.68, or
6 was convicted for use of a controlled substance under chapter
7 124, when making a determination relating to the parent,
8 guardian, or custodian.
9 4. a. A court presiding over a proceeding under subchapter
10 III, IV, or V, shall order a parent, guardian, or custodian
11 subject to the proceeding to receive a psychological
12 examination conducted by a psychologist licensed under chapter
13 154B if the parent, guardian, or custodian has a record of any
14 of the following:
15 (1) Engaging in domestic abuse as defined in section 236.2.
16 (2) Committing child abuse as defined in section 232.68.
17 (3) A conviction for use of a controlled substance under
18 chapter 124.
19 b. The psychological examination required under paragraph
20 “a” shall be completed within thirty calendar days from the date
21 of the order requiring the psychological examination unless
22 the parent, guardian, or custodian shows good cause for an
23 extension. Failure to comply with this paragraph shall result
24 in a denial of the parent’s, guardian’s, or custodian’s custody
25 and visitation rights for any child who is the subject of the
26 proceeding for which the psychological evaluation was ordered.
27 c. The court shall hold a hearing to determine the parent’s,
28 guardian’s, or custodian’s ability to pay for a psychological
29 examination ordered by the court under paragraph “a”. If, after
30 giving the parent, guardian, or custodian an opportunity to be
31 heard, the court determines the parent, guardian, or custodian
32 is unable to pay the costs of the psychological examination,
33 the court shall order the department to provide the services
34 of a psychologist licensed under chapter 154B to perform
35 the psychological examination. A psychological examination
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1 provided by the department under this paragraph shall be a
2 charge upon the state and reimbursed according to section
3 232.141, subsection 5.
4 5. An employee of the department whose primary
5 responsibilities require direct contact with children during
6 a proceeding under this chapter shall be required to receive
7 training regarding the effects on, and symptoms of, trauma
8 in children from a psychologist licensed under chapter 154B
9 who specializes in childhood trauma. Training under this
10 subsection shall be completed prior to the employee engaging in
11 work with children under this chapter.
12 6. When a court is determining the truth of the allegation
13 of child abuse that was reported by the child subject to
14 the abuse, the court shall rely primarily on the assessment
15 conducted by a psychologist under section 232.71B, subsection
16 4, paragraph “a”, subparagraph (3).
17 7. If a court order issued under this chapter allows a
18 parent, guardian, or custodian who resides outside the state
19 visitation rights with a child, the order shall specify that
20 the visitation with the child shall only occur within this
21 state.
22 8. A supervised visit ordered by a court or authorized by
23 the department subsequent to the removal of a child from the
24 custody of a parent, guardian, or custodian pursuant to this
25 chapter shall not be supervised by any of the following:
26 a. A person who the court or the department determines has
27 a close, personal relationship with the parent, guardian, or
28 custodian from whom the child was removed.
29 b. A person required to register as a sex offender under
30 section 692A.103.
31 c. A person convicted of a crime that involved physical
32 injury to a person.
33 9. To the extent possible, the same judge shall preside over
34 all hearings, make all determinations, and issue all orders
35 related to a petition filed under this chapter.
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1 EXPLANATION
2 The inclusion of this explanation does not constitute agreement with
3 the explanation’s substance by the members of the general assembly.
4 This bill relates to juvenile justice policies and
5 procedures.
6 The bill requires if an allegation of child abuse comes from
7 a child claiming to be subject to the abuse that a licensed
8 psychologist perform an assessment of the child.
9 The bill requires if an allegation of child abuse
10 constitutes physical abuse that a health practitioner perform
11 an assessment of the child to determine the extent of physical
12 abuse. The bill requires a psychological examination of a
13 child’s parent, guardian, or custodian ordered by a court to
14 be reimbursed by the department of health and human services
15 (HHS).
16 When a court or HHS is making a determination related to a
17 parent’s , guardian’s , or custodian’s visitation or custody
18 of a child removed from the parent, guardian, or custodian
19 under Code chapter 232 (juvenile justice), the bill requires
20 the court or HHS to restrict visitation to, and the court to
21 not award custody of, the child to the extent the court or HHS
22 has found the parent, guardian, or custodian has exhibited a
23 pattern of mentally or physically abusive behavior; placing a
24 child in danger due to the parent’s, guardian’s, or custodian’s
25 mental illness; aggressive behavior toward others; or criminal
26 behavior.
27 The bill creates the presumption that a child’s parent,
28 guardian, or custodian is unfit for visitation with or custody
29 of a child if the parent, guardian, or custodian is required
30 to register as a sex offender.
31 The bill requires a court or HHS to take any record of a
32 parent, guardian, or custodian having engaged in domestic
33 abuse, having committed child abuse, or having been convicted
34 for use of a controlled substance into account when making a
35 determination relating to the parent, guardian, or custodian.
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1 The bill requires a court to order a parent, guardian, or
2 custodian subject to a child in need of assistance proceeding,
3 temporary custody of a child proceeding, or family in need of
4 assistance proceeding to receive a psychological examination
5 conducted by a licensed psychologist if the parent, guardian,
6 or custodian has a record of engaging in domestic abuse,
7 committing child abuse, or a conviction for use of a controlled
8 substance. The psychological examination must be completed
9 within 30 calendar days from the date of the order requiring
10 the psychological examination unless the parent, guardian,
11 or custodian shows good cause for an extension. Failure to
12 comply will result in the denial of the parent’s, guardian’s,
13 or custodian’s custody and visitation rights for any child who
14 is the subject of the proceeding for which the psychological
15 evaluation was ordered. The court must hold a hearing to
16 determine the parent’s, guardian’s, or custodian’s ability to
17 pay for a required psychological examination. If, after giving
18 the parent, guardian, or custodian an opportunity to be heard,
19 the court determines the parent, guardian, or custodian is
20 unable to pay the costs of the psychological examination, HHS
21 must provide the services of a licensed psychologist to perform
22 the psychological examination at state expense.
23 The bill requires training relating to the effects of trauma
24 on children from a licensed psychologist who specializes
25 in childhood trauma for each HHS employee whose primary
26 responsibilities require direct contact with children during a
27 juvenile delinquency proceeding, a child in need of assistance
28 proceeding, a temporary custody of a child proceeding, or a
29 family in need of assistance proceeding. Training must be
30 completed prior to the employee engaging in work with children.
31 The bill requires a court to rely primarily on a child’s
32 assessment conducted by a licensed psychologist when the court
33 is determining the truth of an allegation of child abuse that
34 was reported by the child subject to the abuse.
35 When a court order issued in a juvenile delinquency
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1 proceeding, child in need of assistance proceeding, temporary
2 custody of a child proceeding, or family in need of assistance
3 proceeding allows a parent, guardian, or custodian who resides
4 outside the state to have visitation rights with a child, the
5 bill requires the order to specify that visitation with the
6 child shall only occur within this state.
7 A supervised visit authorized by a court or HHS subsequent to
8 the removal of a child from the custody of a parent, guardian,
9 or custodian shall not be supervised by a person who the court
10 or HHS determines has a close, personal relationship with the
11 parent, guardian, or custodian from whom the child was removed;
12 a person required to register as a sex offender; or a person
13 convicted of a crime that involved physical injury to a person.
14 The bill requires, to the extent possible, for the same
15 judge to preside over all hearings, make all determinations,
16 and issue all orders related to a petition filed in a juvenile
17 delinquency matter, a child in need of assistance matter, a
18 temporary custody of a child matter, or a family in need of
19 assistance matter.
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Statutes affected:
Introduced: 232.71B, 232.141