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Senate Bill 0139


Senate Bill 0139

ARCHIVE (2006)

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DIGEST OF SB 139 (Updated March 14, 2006 6:06 pm - DI 107)


Department of child services matters. Provides that the term "caseworker" for purposes of juvenile law, including emergency placement of a child, means an employee of the department of child services (department) who is classified as a family case manager. Expands the definition of "emergency placement" for purposes of the law concerning criminal history record checks to include any out-of-home placement for temporary care and custody of a child at or after the time of initial removal or transfer of custody of the child from the child's parent, guardian, or custodian. Specifies that "emergency placement" does not include any proposed or actual change in location of the child's placement for continuing care and custody after the court has entered an order at the time of or following a detention hearing, unless a court or an agency responsible for the child's care and supervision determines that an immediate change in placement is necessary to protect the child's health or safety. Replaces the issuance of probationary licenses with probationary status periods for: (1) child caring institutions; (2) foster homes; (3) group homes; and (4) child placing agencies. Removes provisions that invalidated a license for these entities when a probationary license was issued. Requires the person attending a child's birth, when explaining to the birth mother and putative father immediately before or after the birth the legal consequences of executing a paternity affidavit, to specify (and the written information from the department to specify) that: (1) upon execution of a paternity affidavit, the mother and the state may obtain a child support order that requires the provision of health insurance coverage; (2) the rights and responsibilities of the putative father include reasonable parenting time; and (3) the department may file the paternity affidavit with a court. Provides that: (1) a paternity affidavit may not be rescinded more than 60 days after the affidavit is executed unless a court has ordered a genetic test at the request of the man who executed the affidavit; and (2) a court may not set aside an affidavit unless a genetic test excludes the man who executed the affidavit as the child's father. Requires a court to complete: (1) a factfinding hearing not more than 60 days after a petition is filed alleging that a child is a child in need of services (CHINS); (2) a dispositional hearing not more than 30 days after the date the court finds that a child is a CHINS; and (3) a hearing on a petition to terminate a parent-child relationship not more than 180 days after the petition is filed. Allows a court to extend the timeframe to complete a factfinding on a CHINS petition for an additional 60 days. Provides that the department may request that judgment on a petition alleging a child is a CHINS be entered not later than 30 days after the request. Deletes requirement that a court clerk forward a copy of an adoption petition to the division of family and children. Revises the definition of "substantiated" when used in reference to a child abuse or neglect report. Provides that child welfare caseworkers, supervisors, and managers must have access to certain information under the automated child protection system regardless of the security requirements for confidentiality. Provides that: (1) child welfare caseworkers must be allowed access to other cases or investigations that involve a family member of a child or the child whose case is assigned to the caseworker; and (2) child welfare supervisors may have access to other cases or investigations that involve a family member of a child or the child whose case is assigned to a caseworker who reports to the supervisor or whose case is assigned to the supervisor. Provides that a juvenile court may incorporate a finding or conclusion from a predispositional report as a written finding or conclusion upon the record in the court's dispositional decree for a CHINS hearing or a delinquency hearing. Provides that a juvenile court shall require the department to file a progress report on a CHINS petition every 3 months after entering a dispositional decree. Requires a report prepared by the state in a dispositional decree to be made available to the child's foster parents under certain circumstances. Removes: (1) powers to suspend certain licenses; and (2) a provision that allows certain parties to request a genetic test. Provides that: (1) an application for a license to operate a child care center may be denied; (2) a license to operate a child care center may be revoked; (3) an application for a license to operate a child care home may be denied; and (4) a license to operate a child care home may be revoked; if the department determines that certain individuals have committed child abuse or neglect. Requires the department to investigate claims of abuse or neglect in child care centers and child care homes. Provides that a report of an investigation of child abuse or neglect shall be made available to the division of family resources if the report is classified as substantiated and concerns an applicant, licensee, employee, or volunteer of a child care center or child care home. Repeals references to suspension powers. Defines "wardship" for purposes of the juvenile law, and makes conforming amendments. Specifies that the department is to submit fingerprints to the Federal Bureau of Investigation 15 calendar days after the national name based criminal history check is conducted. Allows a juvenile court at a detention hearing to: (1) impose on a child alleged to be a child in need of services, or on the child's parent, guardian, or custodian, conditions to ensure the safety of the child; and (2) impose on a child alleged to be a delinquent child, or on the child's parent, guardian, or custodian, conditions to ensure any combination of the safety of the child or the public's physical safety. Requires a court to set a hearing within four business days to determine whether emergency placement is appropriate for a child whose custodial parent or guardian has died or become unable to care for the child, if a person other than a parent files a petition to determine or modify custody of the child. Provides that a court is not required to set a hearing within 48 hours if: (1) it appears from the pleadings that no emergency requiring placement of a child with a person other than the noncustodial parent exists; (2) it appears from the pleadings that the petitioner does not have a reasonable likelihood of success on the merits; or (3) manifest injustice would result. Provides that the child care fund shall remain in existence until the entire balance of the child care fund is transferred to the division of family resources child care fund. Makes technical corrections.
    Current Status:
     Law Enacted
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