CHAPTER 233B JUVENILE HOME
233B.1 DEFINITIONS -- PURPOSE -- POPULATION LIMIT.
233B.2 SALARY.
233B.3 ADMISSIONS.
233B.4 PROCEDURE.
233B.5 TRANSFERS.
233B.6 PROFITS AND EARNINGS.
233B.7 RULES.
233B.8 AND 233B.9
233B.10 PLACING CHILD UNDER CONTRACT.
233B.11 RECOVERY OF POSSESSION.
233B.12 RECOVERY OF CHILD -- DUTY OF COUNTY ATTORNEY.
233B.13 INTERFERENCE WITH CHILD.
233B.14 COUNTIES LIABLE.
233B.16 COST OF CARE.



        

233B.1 DEFINITIONS -- PURPOSE -- POPULATION LIMIT. 1. For the purpose of this chapter, unless the context otherwise requires: a. "Administrator" or "director" means the director of the department of human services. b. "Home" means the Iowa juvenile home. c. "Superintendent" means the superintendent of the Iowa juvenile home. 2. The Iowa juvenile home shall be maintained for the purpose of providing care, custody, and education of the children committed to the home. The children shall be wards of the state. The children's education shall embrace instruction in the common school branches and in such other higher branches as may be practical and will enable the children to gain useful and self-sustaining employment. The administrator and the superintendent of the home shall assist all discharged children in securing suitable homes and proper employment. 3. The number of children present at any one time at the Iowa juvenile home shall not exceed the population guidelines established under 1990 Iowa Acts, chapter 1239, section 21, as adjusted for subsequent changes in the capacity at the home.

         Section History: Early Form

         [C97, § 2689; C24, 27, 31, 35, 39, § 3698, 3706; C46, § 243.1,
      244.1; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 244.1] 

         Section History: Recent Form

         83 Acts, ch 96, § 157, 159; 90 Acts, ch 1239, § 19
         C93, § 233B.1
         2005 Acts, ch 175, §103
        

233B.2 SALARY. The salary of the superintendent of the home shall be determined by the administrator.

         Section History: Early Form

         [S13, § 2727-3a; C24, 27, 31, 35, 39, § 3707; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 244.2] 

         Section History: Recent Form

         C93, § 233B.2
        

233B.3 ADMISSIONS. Admission to the home shall be granted to resident children of the state under seventeen years of age, as follows, giving preference in the order named: 1. Neglected or dependent children committed by the juvenile court. 2. Other destitute children.

         Section History: Early Form

         [C97, § 2685; S13, § 2685; C24, 27, 31, 35, 39, § 3699, 3708;
      C46, § 243.2, 244.3; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      244.3; 82 Acts, ch 1260, § 31] 

         Section History: Recent Form

         85 Acts, ch 21, §39
         C93, § 233B.3
        

233B.4 PROCEDURE. The procedure for commitment to the home is as provided by chapter 232.

         Section History: Early Form

         [C97, § 2685; S13, § 2685; C24, 27, 31, 35, 39, § 3709; C46,
      50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 244.4] 

         Section History: Recent Form

         90 Acts, ch 1239, §20
         C93, § 233B.4
        

233B.5 TRANSFERS. The administrator may transfer to the home minor wards of the state from any institution under the administrator's charge or under the charge of any other administrator of the department of human services; but no person shall be so transferred who is a person with mental illness or mental retardation, or who is incorrigible, or has any vicious habits, or whose presence in the home would be inimical to the moral or physical welfare of the other children within the home, and any such child in the home may be transferred to the proper state institution.

         Section History: Early Form

         [C24, 27, 31, 35, 39, § 3710; C46, 50, 54, 58, 62, 66, 71, 73,
      75, 77, 79, 81, § 244.5] 

         Section History: Recent Form

         83 Acts, ch 96, § 157, 159
         C93, § 233B.5
         96 Acts, ch 1129, § 63
        

233B.6 PROFITS AND EARNINGS. Any money earned by a child who is admitted to or placed in foster care from the home shall be used, held or otherwise applied for the exclusive benefit of that child, in accordance with section 234.37.

         Section History: Early Form

         [C97, § 2689; S13, § 2690-d; C24, 27, 31, 35, 39, § 3711; C46,
      50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 244.6] 

         Section History: Recent Form

         C93, § 233B.6
        

233B.7 RULES. All children admitted or committed to the home shall be wards of the state and subject to the rules of the home. Subject to the approval of the administrator, any child received under voluntary application may be expelled by the superintendent for disobedience and refusal to submit to proper discipline. Children shall be discharged upon arriving at the age of eighteen years, or sooner if possessed of sufficient means to provide for themselves.

         Section History: Early Form

         [C73, § 1634; C97, § 2685, 2688; S13, § 2685, 2688, 2690-b; C24,
      27, 31, 35, 39, § 3712; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77,
      79, 81, § 244.7] 

         Section History: Recent Form

         C93, § 233B.7
        

233B.8 AND 233B.9 Reserved.

233B.10 PLACING CHILD UNDER CONTRACT. A child received in the home, unless adopted, may be placed by the department in foster care with any proper person or family. The foster care arrangement shall provide for the custody, care, education, maintenance, and earnings of the child for a fixed time which shall not extend beyond the age of majority, except that the time may extend beyond the child's eighteenth birthday until the child is twenty-one years of age if the child is regularly attending an accredited school in pursuance of a course of study leading to a high school diploma or its equivalent, or regularly attending a course of vocational technical training either as a part of a regular school program or under special arrangements adapted to the individual person's needs.

         Section History: Early Form

         [S13, § 2690-b; C24, 27, 31, 35, 39, § 3716; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 244.10] 

         Section History: Recent Form

         86 Acts, ch 1245, § 1420
         C93, § 233B.10
        

233B.11 RECOVERY OF POSSESSION. In case of a violation of the terms of such contract, the administrator may cause the child to be taken from the person or persons with whom placed, and may make such other disposition of the child as shall seem to be for the child's best interests.

         Section History: Early Form

         [S13, § 2690-c; C24, 27, 31, 35, 39, § 3717; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 244.11] 

         Section History: Recent Form

         C93, § 233B.11
        

233B.12 RECOVERY OF CHILD -- DUTY OF COUNTY ATTORNEY. In case legal proceedings are necessary to recover the possession of such child, they may be instituted and carried on in the name of the superintendent, and the county attorney of the county in which the child is placed shall, if requested by the superintendent, act as the superintendent's attorney in the proceedings.

         Section History: Early Form

         [S13, § 2690-c; C24, 27, 31, 35, 39, § 3718; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 244.12] 

         Section History: Recent Form

         C93, § 233B.12
         Referred to in § 331.756(51)
        

233B.13 INTERFERENCE WITH CHILD. It shall be unlawful for any parent or other person not a party to the placing of a child for a term of years, to interfere in any manner with or to assume or exercise any control over such child or the child's earnings while such contract is in force.

         Section History: Early Form

         [S13, § 2690-d; C24, 27, 31, 35, 39, § 3719; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 244.13] 

         Section History: Recent Form

         C93, § 233B.13
        

233B.14 COUNTIES LIABLE. Each county is liable for sums paid by the home in support of all its children to the extent of a sum equal to one-half of the net cost of the support and maintenance of its children. The superintendent shall certify to the director of the department of administrative services on the first day of each fiscal quarter the amount chargeable to each county for support. The sums for which each county is liable shall be charged to the county and collected as a part of the taxes due the state, and paid by the county at the same time state taxes are paid. Should any county fail to pay these bills within sixty days from the date of certificate from superintendent, the director of the department of administrative services shall charge the delinquent county the penalty of one percent per month on and after sixty days from date of certificate until paid. Such penalties shall be credited to the general fund of the state.

         Section History: Early Form

         [C97, § 2692; SS15, § 2692; C24, 27, 31, 35, 39, § 3720; C46,
      50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 244.14] 

         Section History: Recent Form

         83 Acts, ch 123, § 94, 209
         C93, § 233B.14
         2003 Acts, ch 145, §286
        

233B.15 Reserved.

233B.16 COST OF CARE. If a child receives unearned income, the department shall reserve a portion of the unearned income for the use of the child as a personal allowance and apply the remaining portion equally to the state and county liability for the cost of the child's support and maintenance provided pursuant to this chapter.

         Section History: Recent Form

         89 Acts, ch 283, § 30
         CS89, § 244.16
         C93, § 233B.16

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