237.20 - LOCAL BOARD DUTIES.
237.20 LOCAL BOARD DUTIES.
A local board shall, except in delinquency cases, do the
following:
1. Review the case of each child receiving foster care assigned
to the local board by the state board to determine whether
satisfactory progress is being made toward the goals of the case
permanency plan pursuant to section 237.22. The timing and frequency
of a review of each case by a local board shall take into
consideration the permanency goals, placement setting, and frequency
of any court reviews of the case.
a. During each review, the agency responsible for the
placement of or services provided to the child shall attend the
review and the local board shall review all of the following:
(1) The past, current, and future status of the child and
placement as shown through the case permanency plan and case progress
reports submitted by the agency responsible for the placement of the
child and other information the board may require.
(2) The efforts of the agency responsible for the placement of
the child to locate and provide services to the biological or
adoptive parents of the child.
(3) The efforts of the agency responsible for the placement of
the child to facilitate the return of the child to the home or to
find an alternative permanent placement other than foster care if
reunion with the parent or previous custodian is not feasible. The
agency shall report to the board all factors which either favor or
mitigate against a decision or alternative with regard to these
matters.
(4) Any problems, solutions, or alternatives which may be capable
of investigation, or other matters with regard to the child which the
agency responsible for the placement of the child or the board feels
should be investigated with regard to the best interests of the state
or of the child.
(5) The compliance of the interested parties with the
decision-making rights and responsibilities contained in the family
foster care or preadoptive care agreement applicable to a child.
b. The review shall include issues pertaining to the case
permanency plan and shall not include issues that do not pertain to
the case permanency plan. A person notified pursuant to subsection 4
shall either attend the review or submit testimony as requested by
the local board or in accordance with a written protocol jointly
developed by the state board and the department. Oral testimony may,
upon the request of the testifier or upon motion of the local board,
be given in a private setting when to do so would facilitate the
presentation of evidence. Local board questions shall pertain to the
permanency plan and shall not include issues that do not pertain to
the permanency plan.
c. A person who gives oral testimony has the right to
representation by counsel at the review.
d. An agency or individual providing services to the child
shall submit testimony as requested by the board. The testimony may
be written or oral, or may be a tape recorded telephone call.
Written testimony from other interested parties may also be
considered by the board in its review.
2. a. Submit to the appropriate court within fifteen days
after the review under subsection 1, the findings and recommendations
of the review. The local board shall ensure that the most recent
report is available for a court hearing. The report to the court
shall include information regarding the case permanency plan and the
progress in attaining the permanency goals. The report shall not
include issues that do not pertain to the case permanency plan. The
findings and recommendations shall include the proposed date of the
next review by the local board. The local board shall notify the
persons specified in subsection 4 of the findings and
recommendations.
b. If the person or agency responsible for services provided
to the child disagrees with the review findings or recommendations,
the person or agency shall respond during the review or submit a
statement to the local board and the court within ten working days of
receiving the local board's report. The response shall explain the
reasons the person or agency disagrees with the board's findings or
does not plan to implement the board's recommendations.
3. Encourage placement of the child in the most appropriate
setting reflecting the provisions of chapter 232.
4. a. Notify the following persons at least ten days before
the review of a case of a child receiving foster care:
(1) The person, court, or agency responsible for the child.
(2) The parent or parents of the child unless termination of
parental rights has occurred pursuant to section 232.117.
(3) The foster care provider of the child.
(4) The child receiving foster care if the child is fourteen
years of age or older. The child shall be informed of the review's
purpose and procedure, and of the right to have a guardian ad litem
present.
(5) The guardian ad litem of the foster child. An attorney
appointed as guardian ad litem shall be eligible for compensation
under section 232.141, subsection 2.
(6) The department.
(7) The county attorney.
(8) The person providing services to the child or the child's
family.
b. The notice shall include a statement that the person
notified has the right to representation by counsel at the review.
Section History: Recent Form
84 Acts, ch 1279, § 31; 88 Acts, ch 1233, § 10--15; 89 Acts, ch
64, § 1--3; 92 Acts, ch 1141, § 9--12; 97 Acts, ch 164, § 7; 99 Acts,
ch 135, §22; 2003 Acts, ch 151, §8; 2009 Acts, ch 41, §263; 2009
Acts, ch 181, §114
Referred to in § 237.18