Bill Text: IA SF253 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to county attorney duties when representing the department of human services in juvenile court.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF253 Detail]
Download: Iowa-2011-SF253-Introduced.html
Senate
File
253
-
Introduced
SENATE
FILE
253
BY
HOGG
A
BILL
FOR
An
Act
relating
to
county
attorney
duties
when
representing
the
1
department
of
human
services
in
juvenile
court.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
232.37,
subsection
1,
Code
2011,
is
1
amended
to
read
as
follows:
2
1.
After
a
petition
has
been
filed
the
court
shall
set
3
a
time
for
an
adjudicatory
hearing
and
unless
the
parties
4
persons
named
in
subsection
2
voluntarily
appear,
shall
issue
5
a
summons
requiring
the
child
to
appear
before
the
court
at
a
6
time
and
place
stated
and
requiring
the
person
who
has
custody
7
or
control
of
the
child
to
appear
before
the
court
and
to
bring
8
the
child
with
the
person
at
that
time.
The
summons
shall
9
attach
a
copy
of
the
petition
and
shall
give
notification
of
10
the
right
to
counsel
provided
for
in
section
232.11
.
11
Sec.
2.
Section
232.71C,
subsection
1,
Code
2011,
is
amended
12
to
read
as
follows:
13
1.
If,
upon
completion
of
an
assessment
performed
under
14
section
232.71B
,
the
department
determines
that
the
best
15
interests
of
the
child
require
juvenile
court
action,
the
16
department
shall
act
appropriately
to
initiate
the
action.
17
If
at
any
time
during
the
assessment
process
the
department
18
believes
court
action
is
necessary
to
safeguard
a
child,
the
19
department
shall
act
appropriately
to
initiate
the
action.
The
20
county
attorney
shall
assist
the
department
as
provided
under
21
section
232.90,
subsection
2
.
22
Sec.
3.
Section
232.88,
Code
2011,
is
amended
to
read
as
23
follows:
24
232.88
Summons,
notice,
subpoenas,
and
service.
25
After
a
petition
has
been
filed,
the
court
shall
issue
and
26
serve
summons,
subpoenas,
and
other
process
in
the
same
manner
27
as
for
adjudicatory
hearings
in
cases
of
juvenile
delinquency
28
as
provided
in
section
232.37
.
Reasonable
notice
shall
be
29
provided
to
the
persons
required
to
be
provided
notice
under
30
section
232.37
,
except
that
notice
shall
be
waived
regarding
31
a
person
who
was
notified
of
the
adjudicatory
hearing
and
who
32
failed
to
appear.
In
addition,
reasonable
notice
for
any
33
hearing
under
this
division
shall
be
provided
to
the
department
34
of
human
services,
and
the
agency,
facility,
institution,
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or
person,
including
a
foster
parent,
relative,
or
other
1
individual
providing
preadoptive
care,
with
whom
a
child
has
2
been
placed.
3
Sec.
4.
Section
232.90,
Code
2011,
is
amended
to
read
as
4
follows:
5
232.90
Duties
of
county
attorney.
6
1.
As
used
in
this
section,
“state”
means
the
general
7
interest
held
by
the
people
in
the
health,
safety,
welfare,
and
8
protection
of
all
children
living
in
this
state.
9
1.
2.
The
county
attorney
shall
represent
the
state
in
10
proceedings
arising
from
a
petition
filed
under
this
division
11
and
shall
present
evidence
in
support
of
the
petition
.
The
12
county
attorney
shall
be
present
at
proceedings
initiated
by
13
petition
under
this
division
filed
by
an
intake
officer
or
the
14
county
attorney,
or
if
a
party
to
the
proceedings
contests
the
15
proceedings,
or
if
the
court
determines
there
is
a
conflict
of
16
interest
between
the
child
and
the
child’s
parent,
guardian,
or
17
custodian
or
if
there
are
contested
issues
before
the
court.
18
2.
The
county
attorney
shall
represent
the
department
in
19
proceedings
arising
under
this
division
.
However,
if
there
is
20
disagreement
between
the
department
and
the
county
attorney
21
regarding
the
appropriate
action
to
be
taken,
the
department
22
may
request
to
be
represented
by
the
attorney
general
in
place
23
of
the
county
attorney.
24
Sec.
5.
Section
232.111,
subsection
4,
paragraph
b,
25
subparagraph
(3),
Code
2011,
is
amended
to
read
as
follows:
26
(3)
Custodian
Legal
custodian
of
the
child.
27
Sec.
6.
Section
232.112,
subsection
1,
Code
2011,
is
amended
28
to
read
as
follows:
29
1.
Persons
listed
in
section
232.111,
subsection
4
,
other
30
than
the
department
of
human
services,
shall
be
necessary
31
parties
to
a
termination
of
parent-child
relationship
32
proceeding
and
are
entitled
to
receive
notice
and
an
33
opportunity
to
be
heard,
except
that
notice
may
be
dispensed
34
with
in
the
case
of
any
such
person
whose
name
or
whereabouts
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the
court
determines
is
unknown
and
cannot
be
ascertained
by
1
reasonably
diligent
search.
In
addition
to
the
persons
who
are
2
necessary
parties
who
may
be
parties
under
section
232.111
,
3
notice
for
any
hearing
under
this
division
shall
be
provided
to
4
the
department
of
human
services,
the
child’s
foster
parent,
5
an
individual
providing
preadoptive
care
for
the
child,
or
a
6
relative
providing
care
for
the
child.
7
Sec.
7.
Section
232.114,
Code
2011,
is
amended
to
read
as
8
follows:
9
232.114
Duties
of
county
attorney.
10
1.
As
used
in
this
section,
“state”
means
the
general
11
interest
held
by
the
people
in
the
health,
safety,
welfare,
and
12
protection
of
all
children
living
in
this
state.
13
1.
2.
Upon
the
filing
of
a
petition
the
county
attorney
14
shall
represent
the
state
in
all
adversary
proceedings
arising
15
under
this
division
and
shall
present
evidence
in
support
of
16
the
petition
.
17
2.
The
county
attorney
shall
represent
the
department
in
18
proceedings
arising
under
this
division
.
However,
if
there
is
19
disagreement
between
the
department
and
the
county
attorney
20
regarding
the
appropriate
action
to
be
taken,
the
department
21
may
request
to
be
represented
by
the
attorney
general
in
place
22
of
the
county
attorney.
23
Sec.
8.
Section
232.180,
Code
2011,
is
amended
to
read
as
24
follows:
25
232.180
Duties
of
county
attorney.
26
1.
As
used
in
this
section,
“state”
means
the
general
27
interest
held
by
the
people
in
the
health,
safety,
welfare,
and
28
protection
of
all
children
living
in
this
state.
29
2.
Upon
the
filing
of
a
petition
and
the
request
of
the
30
department
,
the
county
attorney
shall
represent
the
state
in
31
all
adversary
proceedings
arising
under
this
division
and
shall
32
present
evidence
in
support
of
the
petition
as
provided
under
33
section
232.90
.
34
EXPLANATION
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This
bill
relates
to
county
attorney
duties
when
1
representing
the
department
of
human
services
in
juvenile
2
court.
3
Code
section
232.37
is
amended
to
provide
that
unless
the
4
known
parents,
guardians
or
legal
custodians
of
a
child,
the
5
child,
and
the
child’s
guardian
ad
litem
voluntarily
appear
for
6
an
adjudicatory
hearing
to
determine
if
the
child
has
committed
7
a
delinquent
act,
the
court
shall
issue
a
summons
requiring
the
8
child
to
appear
before
the
court
at
a
time
and
place
stated
and
9
requiring
the
person
who
has
custody
or
control
of
the
child
to
10
appear
before
the
court
and
to
bring
the
child
with
the
person
11
at
the
time
of
the
hearing.
Code
section
232.37(5)
provides
12
that
if
a
person
personally
served
with
a
summons
fails
without
13
reasonable
cause
to
appear
or
to
bring
the
child,
the
person
14
may
be
held
in
contempt
of
court
or
the
court
may
issue
an
order
15
for
the
arrest
of
the
person
or
take
the
child
into
custody.
16
The
amendment
to
Code
section
232.37
affects
a
notice
for
17
waiver
hearings
in
Code
section
232.45(3),
a
notice
and
summons
18
issued
for
hearings
to
change
dispositional
orders
in
Code
19
section
232.54(2),
and
a
notice
and
summons
issued
for
child
in
20
need
of
assistance
proceedings
in
Code
section
232.88.
21
Code
section
232.71C
is
amended
to
strike
a
provision
22
requiring
the
county
attorney
to
assist
the
department
of
human
23
services
in
a
child
in
need
of
assistance
proceeding.
24
Code
section
232.88
is
amended
to
add
the
department
of
human
25
services
to
the
list
of
parties
required
to
be
provided
notice
26
of
a
child
in
need
of
assistance
proceeding.
27
Code
section
232.90
is
amended
to
require
the
county
28
attorney
to
represent
the
state
in
a
child
in
need
of
29
assistance
proceeding
and
strikes
a
provision
requiring
the
30
county
attorney
to
represent
the
department
of
human
services
31
in
such
a
proceeding.
The
amendment
to
Code
section
232.90
32
defines
“state”
to
mean
the
general
interest
held
by
the
people
33
in
the
health,
safety,
welfare,
and
protection
of
all
children
34
living
in
the
state.
Code
section
232.90
is
also
amended
to
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strike
a
provision
allowing
the
attorney
general
to
represent
1
the
department
of
human
services
if
a
dispute
arises
between
2
the
county
attorney
and
the
department
of
human
services
in
a
3
child
in
need
of
assistance
proceeding.
4
Code
section
232.111
is
amended
to
require
a
petition
5
for
termination
of
parental
rights
to
contain
the
name
and
6
residence
of
the
“legal
custodian”
of
the
child.
Current
law
7
requires
the
petition
for
termination
of
parental
rights
to
8
contain
the
name
and
residence
of
the
“custodian”
of
the
child.
9
Code
section
232.112
is
amended
to
strike
a
provision
10
requiring
the
participation
of
the
department
of
human
services
11
in
a
termination
of
parental
rights
proceeding.
12
Code
section
232.114
is
amended
to
require
a
county
attorney
13
to
represent
the
state
in
a
termination
of
parental
rights
14
proceeding
and
strikes
a
provision
requiring
a
county
attorney
15
to
represent
the
department
of
human
services
in
such
a
16
proceeding.
The
amendment
to
Code
section
232.114
defines
17
“state”
to
mean
the
general
interest
held
by
the
people
in
the
18
health,
safety,
welfare,
and
protection
of
all
children
living
19
in
the
state.
The
amendment
to
Code
section
232.114
also
20
strikes
a
provision
allowing
the
attorney
general
to
represent
21
the
department
of
human
services
if
a
dispute
arises
between
22
the
county
attorney
and
the
department
of
human
services
in
a
23
termination
of
parental
rights
proceeding.
24
Code
section
232.180
is
amended
to
require
the
county
25
attorney
to
represent
the
state
in
a
voluntary
foster
care
26
placement
proceeding
and
strikes
a
provision
requiring
the
27
county
attorney
to
represent
the
department
of
human
services.
28
The
amendment
to
Code
section
232.180
defines
“state”
to
mean
29
the
general
interest
held
by
the
people
in
the
health,
safety,
30
welfare,
and
protection
of
all
children
living
in
the
state.
31
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