A bill for an act relating to the placement of a child who is the subject of a pending delinquency petition in a supervised apartment living arrangement pursuant to a consent decree, and the circumstances under which the placement is paid by the state.

2025-2026 Regular Session

Allows courts to place a child in supervised apartment living if it's the least restrictive option during delinquency proceedings, with state funding only if SAL meets dept rules.

Committee report approving bill, renumbered as HF 298.

#housing #judgmentsanddecrees #juvenilejustice #juveniles

Purpose and intent

To authorize and regulate the placement of a child who is the subject of a pending delinquency petition into a supervised apartment living arrangement (SAL) as part of a consent decree or as a least-restrictive option determined by the court.

To clarify when the state will pay for an SAL placement, tying funding to department-established rules.

Key provisions

1) Placement option as least restrictive choice
- Amends Section 232.46(1)(a)(5) to explicitly allow the court to place a child in a group or family foster care setting or in a supervised apartment living arrangement if the court determines such placement is the least restrictive option for the child.

2) State payment conditions for SAL placements
- Adds a new provision (Section 234.35(1), new paragraph 0e) stating that if a court transfers legal custody of the child to an SAL pursuant to Section 232.46(1)(a)(5), payment for the SAL placement shall not be made unless the SAL meets requirements established by the department by rule.

3) Context of consent decrees and delinquency petitions
- The bill relates to the use of consent decrees during the period after a delinquency petition is filed but before a court adjudication, and to the circumstances under which such placements can be paid by the state.

Affected parties and settings

Children subject to pending delinquency petitions (juvenile offenders).

Courts deciding delinquency matters and issuing consent decrees.

County attorneys, child’s counsel, and juvenile court officers involved in consent decrees.

Foster care providers or entities operating supervised apartment living arrangements.

Department (likely the child welfare/juvenile justice agency) responsible for setting placement requirements by rule to qualify for state funding.

Implementation and timeline

Introduced: January 17, 2025; referred to Judiciary.

Subcommittee: Williams, Lohse, and Wessel-Kroeschell; meeting held January 28, 2025.

Subcommittee action: Recommended passage.

Committee actions:

January 2025: Subcommittee recommendation.
February 6, 2025: Committee vote (Yeas 20, Nays 0, Excused 1) and recommendation of amendment and passage.
February 10, 2025: Committee report approving the bill, renumbered as HF 298.

Status: Committee report approving bill; renumbered as HF 298.

Notes on impact

The bill could broaden placement options for youths during delinquency proceedings by enabling an SAL placement when it is deemed the least restrictive option.

Funding for SAL placements would require adherence to department rule requirements, potentially affecting eligibility for state payments and budgeting for such placements.

The changes reflect a structured approach to balancing judicial discretion with accountability and funding rules in juvenile delinquency cases.

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