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| 1 | 1 | Senate File 174 - Introduced SENATE FILE 174 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1007) A BILL FOR An Act relating to the placement of a child who is the subject 1 of a pending delinquency petition in a supervised apartment 2 living arrangement pursuant to a consent decree, and the 3 circumstances under which the placement is paid by the 4 state. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1689SV (3) 91 dg/ko | |
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| 3 | 3 | S.F. 174 Section 1. Section 232.46, subsection 1, paragraph a, Code 1 2025, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (6) Placement of the child in a 3 supervised apartment living arrangement if the child has 4 previously and continuously lived in a qualified residential 5 treatment program, a shelter, or a combination of both, for a 6 period of not less than six months immediately preceding the 7 determination for placement in a supervised apartment living 8 arrangement, and the child is lacking family support needed to 9 successfully transition to independent living. 10 Sec. 2. Section 234.35, subsection 1, Code 2025, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . 0e. When a court has entered an order 13 transferring the legal custody of the child to a supervised 14 apartment living arrangement pursuant to section 232.46, 15 subsection 1, paragraph a , subparagraph (6). However, 16 payment shall not be made for a supervised apartment living 17 arrangement unless the supervised apartment living arrangement 18 meets requirements as established by the department by rule. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanations substance by the members of the general assembly. 22 This bill relates to the placement of a child who is the 23 subject of a pending delinquency petition in a supervised 24 apartment living arrangement pursuant to a consent decree, and 25 the circumstances under which the placement is paid by the 26 state. 27 Under current law, any time after a petition is filed 28 alleging a child has committed a delinquent act and prior to 29 the entry of an order adjudicating the matter, a court may 30 suspend the proceedings on motion of the county attorney or 31 the childs counsel, enter a consent decree, and continue the 32 case under terms and conditions established by the court in 33 the consent decree. A court may select any combination of the 34 following terms of a consent decree: prohibit the child from 35 -1- LSB 1689SV (3) 91 dg/ko 1/ 2 | |
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| 5 | 5 | S.F. 174 driving a motor vehicle for a specified period of time or under 1 specific circumstances; require supervision of the child by a 2 juvenile court officer or other agency or person designated by 3 the court; require the child to perform a work assignment of 4 value to the state or to the public; require the child to make 5 restitution consisting of a monetary payment to a victim or a 6 work assignment directly of value to the victim; or place the 7 child in a group or family foster care setting funded by the 8 department of health and human services (HHS), if the court 9 determines that is the least restrictive option. 10 The bill allows a court to place a child in a supervised 11 apartment living arrangement (SAL) as a condition of a consent 12 decree if the child has previously and continuously lived in 13 a qualified residential treatment program, a shelter, or a 14 combination of both, for a period of not less than six months 15 immediately preceding the determination for placement in a SAL, 16 and the child is lacking family support needed to successfully 17 transition to independent living. 18 The bill makes HHS responsible for the payment of foster care 19 services if a child is placed in a supervised apartment living 20 arrangement as a condition of a consent decree, provided that 21 such supervised apartment living arrangement meets requirements 22 as established by HHS by rule. 23 -2- LSB 1689SV (3) 91 dg/ko 2/ 2 |