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PAG LIN 1 1 DIVISION I 1 2 FISCAL YEAR 1998-1999 1 3 Section 1. NEW SECTION. 7I.1 DEFINITIONS. 1 4 For the purposes of this chapter, unless the context 1 5 otherwise requires: 1 6 1. "Community empowerment area" means a geographic area 1 7 designated in accordance with this chapter. 1 8 2. "Community empowerment area board" or "community board" 1 9 means the board for a community empowerment area created in 1 10 accordance with this chapter. 1 11 3. "Iowa empowerment board" or "Iowa board" means the Iowa 1 12 empowerment board created in this chapter. 1 13 Sec. 2. NEW SECTION. 7I.2 IOWA EMPOWERMENT BOARD 1 14 CREATED. 1 15 1. An Iowa empowerment board is created for purposes of 1 16 managing state and community efforts involving community 1 17 empowerment areas, to define a human services agenda for the 1 18 state, and promote collaboration among state and local 1 19 programs. 1 20 2. The board shall consist of nine voting members 1 21 appointed by the governor, subject to confirmation by the 1 22 senate. The appointments shall be made in a manner so that 1 23 all of the state's congressional districts are represented 1 24 along with the ethnic, cultural, social, and economic 1 25 diversity of the state. Terms of office of members are three 1 26 years. 1 27 3. Board members shall be reimbursed for actual and 1 28 necessary expenses incurred in performance of their duties. 1 29 Members shall be paid a per diem as specified in section 7E.6. 1 30 4. In addition to the nine voting members, the board shall 1 31 include six members of the general assembly with not more than 1 32 two members from each chamber being from the same political 1 33 party. Two senators shall be appointed by the majority leader 1 34 of the senate after consultation with the president of the 1 35 senate and one senator shall be appointed by the minority 2 1 leader of the senate after consultation with the president of 2 2 the senate. The three representatives shall be appointed by 2 3 the speaker of the house of representatives after consultation 2 4 with the majority and minority leaders of the house of 2 5 representatives. Legislative members shall serve in an ex 2 6 officio, nonvoting capacity. A legislative member is eligible 2 7 for per diem and expenses as provided in section 2.10. 2 8 5. The board shall be assisted by an advisory council. 2 9 The directors or administrators of each of the following 2 10 agencies or the directors' or administrators' designees shall 2 11 serve as members of the advisory council: 2 12 a. Department of education. 2 13 b. Department of human rights. 2 14 c. Department of human services. 2 15 d. Iowa department of public health. 2 16 e. Department of workforce development. 2 17 f. Other departments or state agencies or representatives 2 18 of local governments designated by the board. 2 19 6. A community empowerment assistance team or teams shall 2 20 be designated by the members of the advisory council to assist 2 21 community empowerment areas. 2 22 7. Staffing services to the board shall be provided by the 2 23 state agencies which are represented on the advisory council. 2 24 8. The board shall elect a chairperson from among the 2 25 voting board members and may select other officers as 2 26 determined to be necessary by the board. The board shall meet 2 27 regularly as determined by the board, upon the call of the 2 28 board's chairperson, or upon the call of a majority of voting 2 29 members. 2 30 Sec. 3. NEW SECTION. 7I.3 IOWA EMPOWERMENT BOARD DUTIES. 2 31 The Iowa board shall perform the following duties: 2 32 1. Approve and oversee child welfare decategorization 2 33 agreements developed under section 232.188. 2 34 2. Assume the duties relating to innovation zones in the 2 35 place of the innovation zone board created in section 8A.2, 3 1 Code 1997, until the Iowa board determines the innovation 3 2 zones have been replaced with community empowerment areas. 3 3 3. Perform duties relating to community empowerment areas. 3 4 4. Manage the provision of block grant funding to 3 5 community empowerment areas by combining all or portions of 3 6 appropriations as authorized in law. 3 7 5. Develop advanced community empowerment area 3 8 arrangements for those community empowerment areas which were 3 9 formed in transition from an innovation zone created under 3 10 section 8A.2, or from a decategorization governing board 3 11 created under section 232.188, or which otherwise provide 3 12 evidence of extensive successful experience in managing 3 13 services and funding with high levels of community support and 3 14 input. 3 15 6. Adopt rules pursuant to chapter 17A as necessary for 3 16 implementation of community empowerment areas, and child 3 17 welfare decategorization agreements. 3 18 Sec. 4. NEW SECTION. 7I.4 COMMUNITY EMPOWERMENT AREAS. 3 19 1. A community empowerment area shall be formed by using 3 20 existing school district and county boundaries to the extent 3 21 possible. Each county and school district in the state shall 3 22 have the option of participating in a community empowerment 3 23 area. 3 24 2. The designation of a community empowerment area and the 3 25 creation of a community empowerment area board are subject to 3 26 the approval of the Iowa empowerment board. The Iowa 3 27 empowerment board shall adopt rules pursuant to chapter 17A 3 28 providing for the initial designation of community empowerment 3 29 areas and procedures for later changing the initially 3 30 designated areas. 3 31 Sec. 5. NEW SECTION. 7I.5 COMMUNITY EMPOWERMENT AREA 3 32 BOARDS CREATED. 3 33 1. A community empowerment area shall be governed by a 3 34 community empowerment area board. The membership of a 3 35 community board shall be restricted to citizens, elected 4 1 officials, and volunteers and is not open to an employee of or 4 2 a person paid for representing any of the entities listed in 4 3 this subsection. The members of a community empowerment area 4 4 board shall include one or more citizen representatives of any 4 5 of the following: 4 6 a. A school district. 4 7 b. A county. 4 8 c. A local board of health. 4 9 d. A hospital. 4 10 e. A charitable funding group. 4 11 f. The department of human services. 4 12 g. A religious institution. 4 13 h. An area education agency. 4 14 i. Juvenile court services. 4 15 j. An area substance abuse agency. 4 16 k. A community action program. 4 17 2. A community board may designate representatives of 4 18 service providers to provide technical assistance to the 4 19 community board. 4 20 3. A community board may designate a professional advisory 4 21 council consisting of persons employed by or otherwise paid to 4 22 represent an entity listed in subsection 1 or other provider 4 23 of service. 4 24 Sec. 6. NEW SECTION. 7I.6 COMMUNITY EMPOWERMENT AREA 4 25 BOARD RESPONSIBILITIES AND AUTHORITY. 4 26 1. A community empowerment area board shall do the 4 27 following: 4 28 a. Designate a public agency of this state, as defined in 4 29 section 28E.2, to be the fiscal agent for grant moneys and for 4 30 other moneys administered by the community board. 4 31 b. Develop neighborhood bodies for community-level input 4 32 and implementation. 4 33 c. Administer community empowerment block grant moneys 4 34 available to the community board for any of the following 4 35 purposes: 5 1 (1) Child welfare services, which may include group foster 5 2 care, rehabilitative treatment services, juvenile court 5 3 services, and other community-based juvenile justice services. 5 4 (2) Child day care services. 5 5 (3) At-risk programs for preschool children. 5 6 (4) Head start programs. 5 7 (5) Parent education programs. 5 8 (6) Children's health programs. 5 9 (7) The family investment program, including the PROMISE 5 10 JOBS program. 5 11 (8) Programs for elder Iowans. 5 12 (9) Department of human services' field and program staff 5 13 supervision and oversight. 5 14 d. Assume other responsibilities established in law or 5 15 administrative rule. 5 16 2. A community board may do any of the following: 5 17 a. Designate one or more committees for oversight of grant 5 18 moneys awarded to the community empowerment area. 5 19 b. Function as a coordinating body for services directed 5 20 to similar populations by the jurisdictions within the 5 21 community empowerment area. 5 22 Sec. 7. NEW SECTION. 7I.7 COMMUNITY EMPOWERMENT 5 23 IMPLEMENTATION STEPS. 5 24 1. LEGISLATIVE INTENT. It is the intent of the general 5 25 assembly to incrementally implement a program for increasing 5 26 local decision making and involvement in place of state-level 5 27 decision making. The purpose of this section is to set forth 5 28 a tentative, three-part implementation process for the 5 29 program. 5 30 2. PART ONE FY 1998-1999. Part one of the 5 31 implementation process is intended to accomplish all of the 5 32 following: 5 33 a. Communities determine priorities for spending of child 5 34 welfare and juvenile justice moneys. 5 35 b. The Iowa empowerment board is created at the state 6 1 level along with an advisory council consisting of the 6 2 directors of the following state departments: education, 6 3 human services, public health, human rights, workforce 6 4 development, and other departments. 6 5 c. A community empowerment assistance team of state agency 6 6 staff is formally created to provide technical assistance to 6 7 community empowerment areas. The state agencies participating 6 8 would be the same as those represented on the directors 6 9 advisory council. 6 10 d. Initial community empowerment areas are organized 6 11 involving every school district and county in the state. 6 12 Community empowerment area boards are created. Initially, the 6 13 following could be involved, as selected by the local areas: 6 14 citizens, city and county government, local department of 6 15 human services offices, local public health personnel, local 6 16 juvenile court services, local private service providers, 6 17 charities, religious institutions, local hospitals, school 6 18 districts, area education agencies, and cooperative extension. 6 19 e. The initial school ready children grant program is 6 20 created for initiatives targeted to children from birth to age 6 21 five. 6 22 f. Existing child welfare funding decategorization and 6 23 innovation zone projects are consolidated into the community 6 24 empowerment area approach. The funding for the following 6 25 programs are incorporated into a local funding pool: 6 26 (1) Group foster care. 6 27 (2) Rehabilitative treatment services for group foster 6 28 care covered under the medical assistance program. 6 29 (3) Juvenile court services. 6 30 (4) Community-based juvenile justice programs administered 6 31 by the department of human services. 6 32 g. Other state funds and federal funds which are possible 6 33 to provide as a block grant are authorized for pooling and 6 34 administration by community empowerment areas. 6 35 h. Initiatives are developed to attain the following 7 1 performance benchmarks: 7 2 (1) Reduce juvenile crime. 7 3 (2) Reduce the number of out-of-home placements of 7 4 children. 7 5 (3) Provide for more effective community-based treatment 7 6 programs. 7 7 (4) Increase high school graduation rates. 7 8 (5) Reduce the number of teen pregnancies. 7 9 3. PART TWO FY 1999-2000. Part two of the 7 10 implementation process is intended to accomplish all of the 7 11 following: 7 12 a. The political subdivisions and other bodies comprising 7 13 the community empowerment areas work together to have children 7 14 prepared to learn when the children enter school. 7 15 b. The department of elder affairs is added to the 7 16 advisory council and to the community empowerment assistance 7 17 team of state agency staff. 7 18 c. Funding is expanded for the school ready children grant 7 19 program. 7 20 d. Funding that may be block granted to local entities is 7 21 distributed on a per capita basis to the community empowerment 7 22 area board's fiscal agent. 7 23 e. The following programs are added to the block grant for 7 24 pooling by community empowerment areas: 7 25 (1) Child day care administered by the department of human 7 26 services. 7 27 (2) At-risk programs for preschool children administered 7 28 through the department of education. 7 29 (3) Head start programs. 7 30 (4) Parental education programs administered through the 7 31 departments of education, public health, and human services, 7 32 and through the cooperative extension service of Iowa state 7 33 university of science and technology. 7 34 (5) Children's health programs administered through the 7 35 departments of public health and human services. 8 1 4. PART THREE FY 2000-2001. Part three of the 8 2 implementation process is intended to accomplish all of the 8 3 following: 8 4 a. Community empowerment areas will begin to manage and 8 5 oversee additional human services and other programs. 8 6 b. Local corrections staff, department of workforce 8 7 development offices, and area agencies on aging are added to 8 8 the participants in the community empowerment area board 8 9 planning process. 8 10 Sec. 8. Section 135.106, subsection 3, Code Supplement 8 11 1997, is amended to read as follows: 8 12 3. It is the intent of the general assembly to provide 8 13 communities with the discretion and authority to redesign 8 14 existing local programs and services targeted at and assisting 8 15 families expecting babies and families with children who are 8 16 newborn through five years of age. The Iowa department of 8 17 public health, department of human services, department of 8 18 education, and other state agencies and programs, as 8 19 appropriate, shall provide technical assistance and support to 8 20 communities desiring to redesign their local programs and 8 21 shall facilitate the consolidation of existing state funding 8 22 appropriated and made available to the community for family 8 23 support services. Funds which are consolidated in accordance 8 24 with this subsection shall be used to support the redesigned 8 25 service delivery system. In redesigning services, communities 8 26 are encouraged to implement a single uniform family risk 8 27 assessment mechanism and shall demonstrate the potential for 8 28 improved outcomes for children and families. Requests by 8 29 local communities for the redesigning of services shall be 8 30 submitted toand subject to joint approval ofthe Iowa 8 31 department of public health, department of human services, and 8 32 department of education, and are subject to the approval of 8 33 the Iowa empowerment board in consultation with the 8 34 departments, based on the innovationzoneszone principles 8 35 established in section 8A.2, Code 1997. 9 1 Sec. 9. Section 232.188, subsections 2, 3, 4, 6, and 7, 9 2 Code 1997, are amended to read as follows: 9 3 2. a. In partnership with an interestedcounty or group9 4of countiescommunity empowerment area designated in 9 5 accordance with chapter 7I, which has demonstrated the 9 6 commitment and involvement of the affected county department 9 7 of human services, juvenile court system, and board of 9 8 supervisors, the department shall develop agreements providing 9 9 for the decategorization of specific state and state-federal 9 10 funding categories into a child welfare funding pool for that 9 11 county or group of counties.A decategorizationThe 9 12 agreements are subject to approval by the Iowa empowerment 9 13 board created in chapter 7I. An agreement shall require the 9 14 decategorization program to be implemented by a 9 15decategorization governancecommunity empowerment area board. 9 16 b. Thedecategorization governancecommunity empowerment 9 17 area board shall develop specific, quantifiable short-term and 9 18 long-term plans for enhancing the county's or group of 9 19 counties' family-centered and community-based services and 9 20 reducing reliance upon out-of-community care. The affected 9 21 service systems shall include child welfare and juvenile 9 22 justice systems. A decategorization agreement may vary 9 23 depending upon the approaches selected by the county or group 9 24 of counties which shall be detailed in an annual child welfare 9 25 services plan developed by thedecategorization governance9 26 community empowerment area board. Adecategorization9 27governancecommunity empowerment area board shall involve 9 28 other community representatives and county organizations in 9 29 the development of the plan. 9 30 3. The child welfare funding pool shall be used by the 9 31county or group of countiescommunity empowerment area to 9 32 provide more flexible, individualized, family-centered, 9 33 preventive, community-based, comprehensive, and coordinated 9 34 service systems for children and families served in that area. 9 35 The decategorization of the funding shall not limit the legal 10 1 rights of those children and families to services, but shall 10 2 provide more flexibility to the partnershipcounty or counties10 3 jurisdictions involved with the community empowerment area in 10 4 responding to individual and family needs. 10 5 4. In a decategorization agreement, thedepartmentIowa 10 6 empowerment board and the county's or group of counties' 10 7decategorization governancecommunity empowerment area board 10 8 shall agree on all of the following items: the governance 10 9 relationship between thedepartmentIowa empowerment board and 10 10 thedecategorization governancecommunity empowerment area 10 11 board; the respective areas of autonomy of the department, 10 12 Iowa empowerment board, and the community empowerment area 10 13 board; the budgeting structure for thedecategorizationchild 10 14 welfare funding pool; and a method for resolving disputes 10 15 between the department and the community empowerment area 10 16 board or between the Iowa empowerment board and the community 10 17 empowerment area board. The decategorization agreement shall 10 18 require the Iowa empowerment board, the department, and the 10 19decategorization governancecommunity empowerment area board 10 20 to agree upon a budget on or before June 15 of the fiscal year 10 21 preceding the fiscal year to which the budget applies. The 10 22 budget may later be modified to reflect new or changed 10 23 circumstances. 10 24 6.Initially the department shall work with the five10 25counties previously authorized under law to enter into10 26decategorization agreements with the state.At a minimum, any 10 27of those countiescommunity empowerment area participating in 10 28 an agreement may elect to use funding for foster care, family- 10 29 centered services, subsidized adoption, child day care, local 10 30 purchase of service, state juvenile institution care, juvenile 10 31 detention, department direct services, and court-ordered 10 32 services for juveniles in the child welfare fund established 10 33 for thatcountyarea. 10 34 7. The annual child welfare services plan developed by a 10 35decategorization governancecommunity empowerment area board 11 1 pursuant to subsection 2 shall be submitted to the department 11 2 and thestatewide decategorization and family preservation11 3committeeIowa empowerment board. In addition, the community 11 4 empowerment area board shall submit an annual progress report 11 5 to the department and thecommitteeIowa empowerment board 11 6 which summarizes the progress made toward attaining the 11 7 objectives contained in the plan. The progress report shall 11 8 serve as an opportunity for information sharing and feedback. 11 9 Sec. 10. TRANSITION BOARD. For the period beginning on 11 10 the effective date of this Act and ending September 30, 1998, 11 11 when the governor shall have completed the appointments to the 11 12 Iowa empowerment board, the duties of the Iowa empowerment 11 13 board under section 7I.3, as enacted by this Act, shall be 11 14 performed by a transition board consisting of the directors of 11 15 the departments of human services, education, and public 11 16 health and the ex officio, nonvoting legislative members of 11 17 the board. 11 18 Sec. 11. TRANSITION OF CHILD WELFARE DECATEGORIZATION AND 11 19 INNOVATION ZONES FUNDING AUTHORIZATION. 11 20 1. During the fiscal year beginning July 1, 1998, and 11 21 ending June 30, 1999, counties operating under a child welfare 11 22 decategorization agreement developed in accordance with 11 23 section 232.188, and innovation zones developed pursuant to 11 24 section 8A.2, shall be transformed to be a part of a community 11 25 empowerment area developed in accordance with chapter 7I, as 11 26 enacted by this Act. 11 27 2. For the fiscal year beginning July 1, 1998, the Iowa 11 28 empowerment board may determine amounts of appropriations 11 29 which can be attributed to community empowerment areas and may 11 30 reallocate the attributable portions as a block grant to the 11 31 community empowerment areas or to a county participating in a 11 32 child welfare decategorization block grant agreement program 11 33 transitioning to a community empowerment area. The 11 34 appropriations which may be reallocated for the fiscal year 11 35 include those made for any of the following purposes: foster 12 1 care, family-centered services, subsidized adoption, child day 12 2 care, local purchase of service, state juvenile institution 12 3 care, juvenile detention, department direct services, and 12 4 court-ordered services for juveniles. 12 5 Sec. 12. INITIAL APPOINTMENTS. The governor shall make 12 6 the initial appointments to the Iowa empowerment board created 12 7 in section 7I.2 as follows: 12 8 1. Three members to a one-year term. 12 9 2. Three members to a two-year term. 12 10 3. Three members to a three-year term. 12 11 Sec. 13. Section 8A.2, Code 1997, is repealed. 12 12 Sec. 14. EFFECTIVE DATE. Section 10 of this division of 12 13 this Act, creating a transition board, being deemed of 12 14 immediate importance, takes effect upon enactment. 12 15 DIVISION II 12 16 FISCAL YEAR 1999-2000 12 17 Sec. 15. NEW SECTION. 7I.8 HUMAN SERVICES DUTIES. 12 18 The Iowa board shall perform the following responsibilities 12 19 relating to the department of human services: 12 20 1. Adopt and establish policy for the operation and 12 21 conduct of the department of human services, subject to any 12 22 guidelines which may be adopted by the general assembly, and 12 23 the implementation of all services and programs under the 12 24 department. 12 25 2. Report immediately to the governor any failure by the 12 26 director or any administrator of the department to carry out 12 27 any of the policy decisions or directives of the Iowa board. 12 28 3. Approve the budget of the department of human services 12 29 prior to submission to the governor. Prior to approval of the 12 30 budget, the Iowa board shall publicize and hold a public 12 31 hearing to provide explanations and hear questions, opinions, 12 32 and suggestions regarding the budget. Invitations to the 12 33 hearing shall be extended to the governor, the governor-elect, 12 34 the director of the department of management, and other 12 35 persons deemed by the Iowa board as integral to the budget 13 1 process. 13 2 4. Ensure that all programs administered or services 13 3 rendered by the department directly to any citizen or through 13 4 a local agency to any citizen are coordinated and integrated 13 5 so that a citizen does not receive a duplication of services 13 6 from various departments or local agencies that could be 13 7 rendered by one department or local agency. If the Iowa board 13 8 finds that such is not the case, the Iowa board shall hear and 13 9 determine which department or local agency shall provide the 13 10 needed service or services and enter an order of the Iowa 13 11 board's determination by resolution of the Iowa board which 13 12 must be concurred in by at least a majority of the members. 13 13 This order or resolution of the Iowa board shall be obeyed by 13 14 all state departments and local agencies to which it is 13 15 directed. 13 16 5. Adopt all necessary rules recommended by the director 13 17 or administrators of divisions prior to their adoption 13 18 pursuant to chapter 17A. 13 19 6. Approve the establishment of any new division or 13 20 reorganization, consolidation, or abolition of any established 13 21 division prior to the action becoming effective. 13 22 7. Recommend to the governor the names of individuals 13 23 qualified for the position of director of human services when 13 24 a vacancy exists in the office. 13 25 Sec. 16. NEW SECTION. 7I.9 MENTAL HEALTH AND 13 26 DEVELOPMENTAL DISABILITIES RESPONSIBILITIES. 13 27 1. For the purposes of this section, "administrator", 13 28 "director", "disability service", "division", and "person with 13 29 a disability" mean the same as provided in section 225C.2. 13 30 2. The Iowa board shall serve as the state policy-making 13 31 body for the provision of services to persons with mental 13 32 illness, mental retardation or other developmental 13 33 disabilities, or brain injury. 13 34 3. To the extent funding is available, the Iowa board 13 35 shall perform the following duties pertaining to disability 14 1 services and the division of mental health and developmental 14 2 disabilities of the department of human services: 14 3 a. Advise the administrator on administration of the 14 4 overall state plans for disability services. 14 5 b. Adopt necessary rules pursuant to chapter 17A which 14 6 relate to disability programs and services, including but not 14 7 limited to definitions of each disability included within the 14 8 term "disability services" as necessary for purposes of state 14 9 and regional planning, programs, and services. 14 10 c. Adopt standards for accreditation of community mental 14 11 health centers and comprehensive community mental health 14 12 programs recommended under section 230A.16. 14 13 d. Adopt standards for the care of and services to persons 14 14 with mental illness and mental retardation residing in county 14 15 care facilities recommended under section 227.4. 14 16 e. Adopt standards for the delivery of disability services 14 17 by the division, and for the maintenance and operation of 14 18 public or private facilities offering services to persons with 14 19 disabilities, which are not subject to licensure by the 14 20 department or the department of inspections and appeals, and 14 21 review the standards employed by the department or the 14 22 department of inspections and appeals for licensing facilities 14 23 which provide services to persons with disabilities. 14 24 f. Assure that proper appeal procedures are available to 14 25 persons aggrieved by decisions, actions, or circumstances 14 26 relating to accreditation. 14 27 g. Award grants from the state and federal government as 14 28 well as other moneys that become available to the division for 14 29 grant purposes. 14 30 h. Review and rank applications for federal mental health 14 31 grants prior to submission to the appropriate federal agency. 14 32 i. Annually submit to the governor and the general 14 33 assembly: 14 34 (1) A report concerning the activities of the board. 14 35 (2) Recommendations formulated by the Iowa board for 15 1 changes in law. 15 2 j. By January 1 of each odd-numbered year, submit to the 15 3 governor and the general assembly an evaluation of: 15 4 (1) The extent to which services to persons with 15 5 disabilities stipulated in the state plans are actually 15 6 available to persons in each county in the state. 15 7 (2) The cost effectiveness of the services being provided 15 8 by each of the state mental health institutes established 15 9 under chapter 226 and state hospital-schools established under 15 10 chapter 222. 15 11 (3) The cost effectiveness of programs carried out by 15 12 randomly selected providers receiving money from the state for 15 13 disability services. 15 14 k. Advise the administrator, the governor, and the general 15 15 assembly on budgets and appropriations concerning disability 15 16 services. 15 17 l. Consult with the governor's council for developmental 15 18 disabilities at least twice a year. 15 19 m. Establish standards for the provision under medical 15 20 assistance of individual case management services. 15 21 n. Establish standards for the structure of a service 15 22 coordination system which ensures a linkage between the 15 23 service coordination system and individual case management 15 24 services. 15 25 o. Identify model eligibility guidelines for disability 15 26 services. 15 27 p. Identify model guidelines for purchase of disability 15 28 services and for disability service reimbursement 15 29 methodologies. 15 30 q. Prepare, for mental health and developmental 15 31 disabilities regional planning councils, advance estimates of 15 32 state and, to the extent possible, federal funds available to 15 33 counties for purchase of disability services. 15 34 r. Identify basic disability services for planning 15 35 purposes. 16 1 s. Prepare five-year plans based upon the plans developed 16 2 by mental health and developmental disabilities regional 16 3 planning councils. 16 4 t. Identify disability services which are eligible for 16 5 state payment under the mental health and developmental 16 6 disabilities community services fund created in section 16 7 225C.7. 16 8 Sec. 17. NEW SECTION. 7I.10 PUBLIC HEALTH 16 9 RESPONSIBILITIES. 16 10 The Iowa board shall be the policy making body for the Iowa 16 11 department of public health and shall have powers and duties 16 12 as follows: 16 13 1. Consider and study the entire field of legislation and 16 14 administration concerning public health, hygiene, and 16 15 sanitation. 16 16 2. Advise the department relative to: 16 17 a. The causes of disease and epidemics, and the effect of 16 18 locality, employment, and living conditions upon the public 16 19 health. 16 20 b. The sanitary conditions in the educational, charitable, 16 21 correctional, and penal institutions in the state. 16 22 c. Communicable and infectious diseases including zoonotic 16 23 diseases, quarantine and isolation, venereal diseases, 16 24 antitoxins and vaccines, housing, and vital statistics. 16 25 3. Establish policies governing the performance of the 16 26 department in the discharge of any duties imposed on the 16 27 department by law. 16 28 4. Establish policies for the guidance of the director of 16 29 public health in the discharge of the director's duties. 16 30 5. Investigate the conduct of the work of the department, 16 31 and for this purpose it shall have access at any time to all 16 32 books, papers, documents, and records of the department. 16 33 6. Advise or make recommendations to the governor and 16 34 general assembly relative to public health, hygiene, and 16 35 sanitation. 17 1 7. Adopt rules and regulations consistent with law for the 17 2 protection of the public health and prevention of substance 17 3 abuse, and for the guidance of the department. All rules 17 4 which have been or are adopted by the department shall be 17 5 subject to approval by the Iowa board. However, rules adopted 17 6 by the commission on substance abuse for section 125.7, 17 7 subsections 1 and 7 are not subject to approval by the Iowa 17 8 board. 17 9 Sec. 18. NEW SECTION. 7I.11 CHILDREN, YOUTH, AND 17 10 FAMILIES RESPONSIBILITIES. 17 11 1. CHILDREN, YOUTH, AND FAMILIES POLICY. It is the policy 17 12 of the state of Iowa to promote the best interests of 17 13 children, youth, and families. In accordance with this 17 14 policy, the Iowa empowerment board shall do all of the 17 15 following: 17 16 a. Promote coordination of federal, state, and local 17 17 services by developing a plan to streamline delivery of 17 18 services and making recommendations to the governor and 17 19 general assembly by December 1 of each year. 17 20 b. Work with state agencies in an advisory capacity to 17 21 help plan needed services for children, youth, and families. 17 22 c. Provide the director of the department of human 17 23 services, director of public health, director of the 17 24 department of education, other state agency directors, general 17 25 assembly, and governor with recommendations and information to 17 26 improve services for children, youth, and families by December 17 27 1 of each year. 17 28 d. Identify state and federal resources that can be used 17 29 in local areas. 17 30 e. Provide information to parents to assist and support 17 31 them in their parenting roles. 17 32 f. Examine issues related to the cycle of dependency which 17 33 some families have on services, including, but not limited to, 17 34 child care, chemical dependency, child welfare, youth 17 35 employment, parent education, health, and education. 18 1 2. FAMILY DEVELOPMENT AND SELF-SUFFICIENCY PROGRAM. The 18 2 Iowa board shall provide a particular focus on dependency on 18 3 family investment program benefits. To that end the Iowa 18 4 board shall be the policymaking body for the family 18 5 development and self-sufficiency program and shall do all of 18 6 the following: 18 7 a. Identify the factors and conditions that place Iowa 18 8 families at risk of long-term dependency upon the family 18 9 investment program. The Iowa board shall seek to use relevant 18 10 research findings and national and Iowa specific data on the 18 11 family investment program. 18 12 b. Identify the factors and conditions that place Iowa 18 13 families at risk of family instability and foster care place- 18 14 ment. The Iowa board shall seek to use relevant research 18 15 findings and national and Iowa specific data on the foster 18 16 care system. 18 17 c. Subject to the availability of funds for this purpose, 18 18 award grants to public or private organizations for provision 18 19 of family development services to families at risk of long- 18 20 term welfare dependency. Grant proposals for the family 18 21 development and self-sufficiency grant program shall include 18 22 the following elements: 18 23 (1) Designation of families to be served that meet some 18 24 criteria of being at risk of long-term welfare dependency, and 18 25 agreement to serve clients that are referred by the department 18 26 of human services from the family investment program which 18 27 meet the criteria. The criteria may include, but are not 18 28 limited to, factors such as educational level, work history, 18 29 family structure, age of the youngest child in the family, 18 30 previous length of stay in the family investment program, and 18 31 participation in the family investment program or the foster 18 32 care program while the head of a household was a child. Grant 18 33 proposals shall also establish the number of families to be 18 34 served under the grant. 18 35 (2) Designation of the services to be provided for the 19 1 families served, including assistance regarding job-seeking 19 2 skills, family budgeting, nutrition, self-esteem, health and 19 3 hygiene, child rearing, child education preparation, and goal 19 4 setting. Grant proposals shall indicate the support groups 19 5 and support systems to be developed for the families served 19 6 during the transition between the need for assistance and 19 7 self-sufficiency. 19 8 (3) Designation of the manner in which other needs of the 19 9 families will be provided including, but not limited to, day 19 10 care assistance, transportation, substance abuse treatment, 19 11 support group counseling, food, clothing, and housing. 19 12 (4) Designation of the training and recruitment of the 19 13 staff which provides services, and the appropriateness of the 19 14 training for the purposes of meeting family development and 19 15 self-sufficiency goals of the families being served. 19 16 (5) Designation of the support available within the 19 17 community for the program and for meeting subsequent needs of 19 18 the clients, and the manner in which community resources will 19 19 be made available to the families being served. 19 20 (6) Designation of the manner in which the program will be 19 21 subject to audit and to evaluation. 19 22 Not more than five percent of any funds appropriated by the 19 23 general assembly for the purposes of paragraph "c" may be used 19 24 for staffing and administration of the grants. 19 25 d. With the assistance of the department of human services 19 26 and the legislative fiscal bureau, develop measures to 19 27 independently evaluate the effectiveness of any grant funded 19 28 under the program, that include measurement of the grantee's 19 29 effectiveness in meeting its goals in a quantitative sense 19 30 through reduction in length of stay on welfare programs or a 19 31 reduced need for other state child and family welfare 19 32 services. Families referred to the program shall be selected 19 33 from those meeting the criteria established in the program as 19 34 being at risk. 19 35 e. Seek to enlist research support from the Iowa research 20 1 community in meeting the duties outlined in paragraphs "a" 20 2 through "d". 20 3 f. Seek additional support for the funding of grants under 20 4 the program, including but not limited to funds available 20 5 through the federal government in serving families at risk of 20 6 long-term welfare dependency, and private foundation grants. 20 7 g. Make recommendations to the governor and the general 20 8 assembly on the effectiveness of early intervention programs 20 9 in Iowa and throughout the nation that provide family 20 10 development services that lead to self-sufficiency for 20 11 families at risk of long-term welfare dependency. 20 12 h. Evaluate and make recommendations regarding the costs 20 13 and benefits of the expansion of the services provided under 20 14 the special needs program of the family investment program to 20 15 include tuition for parenting skills programs, family support 20 16 and counseling services, child development services, and 20 17 transportation and child care expenses associated with the 20 18 programs and services. 20 19 3. CHILD DAY CARE DUTIES. The Iowa board shall have 20 20 advisory responsibilities concerning child day care and shall 20 21 do all of the following: 20 22 a. Consult with and make recommendations to the department 20 23 concerning policy issues relating to child day care. 20 24 b. Advise the department concerning services relating to 20 25 child day care, including but not limited to any of the 20 26 following: 20 27 (1) Resource and referral services. 20 28 (2) Provider training. 20 29 (3) Quality improvement. 20 30 (4) Public-private partnerships. 20 31 (5) Standards review and development. 20 32 c. Assist the department of human services in developing 20 33 an implementation plan to provide seamless service to 20 34 recipients of public assistance which includes child day care 20 35 services. For the purposes of this paragraph, "seamless 21 1 service" means coordination, where possible, of the federal 21 2 and state requirements which apply to child day care. 21 3 d. Advise and provide technical services to the director 21 4 of the department of education or the director's designee, 21 5 upon request, relating to prekindergarten, kindergarten, and 21 6 before and after school programming and facilities. 21 7 4. JUVENILE JUSTICE PLANNING DUTIES. The Iowa board shall 21 8 perform duties under section 216A.133 in serving as the 21 9 criminal and juvenile justice planning advisory council for 21 10 the division of criminal and juvenile justice planning of the 21 11 department of human rights. 21 12 Sec. 19. NEW SECTION. 7I.12 HUMAN INVESTMENT POLICY 21 13 DUTIES. 21 14 The Iowa board shall do all of the following in 21 15 administering a human investment policy for the state: 21 16 1. Develop an overall long-term human investment strategy 21 17 for the state including broad policy goals and benchmarks 21 18 which are goal statements reflecting specific results or 21 19 achievements in public policy at a particular time in the 21 20 future. The strategy shall be developed through a process 21 21 involving input from and consensus building with a broad cross 21 22 section of the state's population. Public hearings shall be 21 23 held by the Iowa board in developing the strategy and 21 24 benchmarks. The human investment strategy and benchmarks 21 25 shall be submitted to the governor and the general assembly 21 26 for a determination as to how the strategy and benchmarks will 21 27 be set and achieved. 21 28 2. Develop an Iowa human investment budget and accounting 21 29 model which provides a financial weighting of human 21 30 investments. The budget and accounting model shall provide a 21 31 means to reflect public and private investments in the skills 21 32 and employability of Iowans. It is anticipated that the 21 33 accounting system will indicate that human investments will 21 34 generate returns in excess of the investments. The Iowa board 21 35 shall implement the model on a pilot project basis and report 22 1 annually concerning the model and the pilot project to the 22 2 governor, general assembly, and the public. 22 3 3. Study the potential for the state to appropriate moneys 22 4 according to the highest return on human investment. The Iowa 22 5 board shall recommend to the governor and the general assembly 22 6 a method for fully implementing the human investment budget 22 7 and accounting model developed pursuant to subsection 2. The 22 8 model shall provide for incentives for state agencies to 22 9 utilize appropriations in a manner in order to achieve the 22 10 highest returns on human investments. 22 11 4. Develop and apply return on human investment accounting 22 12 standards. The Iowa board shall monitor state human 22 13 investments according to the standards it applies and 22 14 regularly report to the governor, general assembly, and public 22 15 concerning actual returns on human investment. 22 16 5. Advocate for regulatory and legislative initiatives for 22 17 decategorization of funding and deregulation to improve human 22 18 investment. 22 19 6. Educate the public, community agencies, and the general 22 20 assembly concerning human investment principles and practices. 22 21 7. Conduct customer satisfaction surveys of the users of 22 22 public services and utilize the information from the surveys 22 23 in establishing returns on human investments and determining 22 24 the effectiveness of the public programs. 22 25 Sec. 20. Section 15.108, subsection 6, paragraph b, 22 26 subparagraph (1), Code Supplement 1997, is amended to read as 22 27 follows: 22 28 (1) Work closely with representatives of business and 22 29 industry, labor organizations, thecouncil on human investment22 30 Iowa empowerment board created in chapter 7I, the department 22 31 of education, the department of workforce development, and 22 32 educational institutions to determine the employee training 22 33 needs of Iowa employers, and where possible, provide for the 22 34 development of industry-specific training programs. 22 35 Sec. 21. Section 135C.2, subsection 5, paragraph f, 23 1 subparagraph (4), Code 1997, is amended to read as follows: 23 2 (4) Themental health and developmental disabilities23 3commissionIowa empowerment board created insection 225C.523 4 chapter 7I. 23 5 Sec. 22. Section 216A.133, unnumbered paragraph 1, Code 23 6 1997, is amended to read as follows: 23 7The councilThe Iowa empowerment board created in chapter 23 8 7I shall serve as the council. In this capacity, the Iowa 23 9 empowerment board shall do all of the following: 23 10 Sec. 23. Section 217.6, Code 1997, is amended to read as 23 11 follows: 23 12 217.6 RULES AND REGULATIONS. 23 13 The director isherebyauthorized to recommend to the 23 14councilIowa empowerment board created in chapter 7I for 23 15 adoptionsuchrules and regulations as are necessary to carry 23 16 into practice the programs of the various divisionsand to. 23 17 In addition, the director may establishsuchdivisions within 23 18 the department andtoassign or reassign duties, powers, and 23 19 responsibilities within the department, all with the approval 23 20 of thecouncil of human servicesIowa empowerment board, 23 21within the departmentas the director deems necessary and 23 22 appropriate for the proper administration of the duties, 23 23 functions, and programs with which the department is charged. 23 24 Any action taken, decision made, or administrative rule 23 25 adopted by any administrator of a division may be reviewed by 23 26 the director. The director, upon such review, may affirm, 23 27 modify, or reverse any such action, decision, or rule. The 23 28 director shall organize the department of human services into 23 29 divisions to carry out in efficient manner the intent of this 23 30 chapter. 23 31The department of human services may be initially divided23 32into the following divisions of responsibility: the division23 33of child and family services, the division of mental health23 34and developmental disabilities, the division of23 35administration, and the division of planning, research and24 1statistics.24 2 Sec. 24. Section 217.21, subsections 4 and 5, Code 1997, 24 3 are amended to read as follows: 24 4 4. The observations and recommendations of the director 24 5 and thecouncil of human servicesIowa empowerment board 24 6 relative to the programs of the department. 24 7 5.SuchAny other information as the director orcouncil24 8of human servicesIowa empowerment board may deem advisable, 24 9 or which may be requested by the governor or by the general 24 10 assembly. 24 11 Sec. 25. Section 217.43, subsection 2, Code 1997, is 24 12 amended to read as follows: 24 13 2. Not more than five cluster board members shall be 24 14 appointed for one-year terms by each of the county boards of 24 15 supervisors of the counties comprising the county cluster. 24 16 The following requirements apply to the appointments made by a 24 17 county board of supervisors: the membership shall be 24 18 appointed in accordance with section 69.16, relating to 24 19 political affiliation, and section 69.16A, relating to gender 24 20 balance; not more than three members shall be members of the 24 21 board of supervisors; and appointments shall be made on the 24 22 basis of interest in public affairs, good judgment, and 24 23 knowledge and ability in the field of human services. 24 24 Appointments shall be made a part of the regular proceedings 24 25 of the board of supervisors and shall be filed with the county 24 26 auditor and the county cluster administrator. A vacancy on 24 27 the board shall be filled in the same manner as the original 24 28 appointment. The boards of supervisors shall develop and 24 29 agree to other organizational provisions involving the cluster 24 30 board including reporting requirements. In lieu of appointing 24 31 a county cluster board, the boards of supervisors may assign 24 32 the duties of a county cluster board under this section to the 24 33 community empowerment area board created under chapter 7I for 24 34 the community empowerment area with which the county or 24 35 counties are affiliated. 25 1 Sec. 26. Section 225C.2, subsection 2, Code 1997, is 25 2 amended to read as follows: 25 3 2. "Commission" means themental health and developmental25 4disabilities commissionIowa empowerment board created in 25 5 chapter 7I. 25 6 Sec. 27. Section 232.190, subsection 1, Code 1997, is 25 7 amended to read as follows: 25 8 1. A community grant fund is established in the state 25 9 treasury under the control of the division of criminal and 25 10 juvenile justice planning of the department of human rights 25 11 for the purposes of awarding grants under this section. The 25 12criminal and juvenile justice planning advisory council and25 13the juvenile justice advisory councilIowa empowerment board 25 14 created in chapter 7I shall assist the division in 25 15 administering grants awarded under this section. The 25 16 department of human services shall advise the division on 25 17 programs which meet the criteria established for grant 25 18 recipients. Not more than five percent of the moneys 25 19 appropriated to the fund shall be used for administrative 25 20 purposes. 25 21 Sec. 28. Section 234.6, subsection 9, Code Supplement 25 22 1997, is amended to read as follows: 25 23 9. Recommend rules for their adoption by thecouncil of25 24human servicesIowa empowerment board for before and after 25 25 school child care programs, conducted within and by or 25 26 contracted for by school districts, that are appropriate for 25 27 the ages of the children who receive services under the 25 28 programs. 25 29 Sec. 29. Section 237A.1, subsection 13, Code Supplement 25 30 1997, is amended by striking the subsection. 25 31 Sec. 30. Section 238.12, Code 1997, is amended to read as 25 32 follows: 25 33 238.12 APPEAL JUDICIAL REVIEW. 25 34 Any licenseefeelingaggrieved by any decision of the 25 35 administrator revoking the licensee's license may appeal to 26 1 thecouncil of human servicesIowa empowerment board in the 26 2 manner of form prescribed bysuch councilthe board. The 26 3councilboard shall, upon receipt of such an appeal give the 26 4 licensee reasonable notice and opportunity for a fair hearing 26 5 beforesuch councilthe board or its duly authorized 26 6 representative or representatives. Followingsuchthe hearing 26 7 thecouncil of human servicesboard shall take its final 26 8 action and notify the licensee in writing. 26 9 Judicial review of the actions of thecouncilboard may be 26 10 sought in accordance withthe terms ofchapter 17A, the Iowa 26 11 administrative procedure Act. 26 12 Sec. 31. Section 239B.8, subsection 2, paragraph e, Code 26 13 Supplement 1997, is amended to read as follows: 26 14 e. Participation in a family development and self- 26 15 sufficiency grant program undersection 217.12chapter 7I or 26 16 other family development program. 26 17 Sec. 32. CODE EDITOR DIRECTIVE. 26 18 1. The Code editor shall substitute the words "Iowa 26 19 empowerment board" for the words "state board of health" in 26 20 the Code when there appears to be no doubt as to the reference 26 21 to the state board of health. 26 22 2. The Code editor shall substitute the words "Iowa 26 23 empowerment board" for the words "mental health and 26 24 developmental disabilities commission" in the Code when there 26 25 appears to be no doubt as to the reference to the mental 26 26 health and developmental disabilities commission. 26 27 3. The Code editor shall substitute the words "Iowa 26 28 empowerment board" for the words "state child day care 26 29 advisory council" in the Code when there appears to be no 26 30 doubt as to the reference to the state child day care advisory 26 31 council. 26 32 Sec. 33. Chapter 136, Code 1997, is repealed. Sections 26 33 8A.1, 216A.132, 217.3, 217.9A, 217.11, 217.12, 217.17, 26 34 237A.21, and 237A.22, Code 1997, are repealed. Sections 26 35 225C.5 and 225C.6, Code Supplement 1997, are repealed. 27 1 Sec. 34. EFFECTIVE DATE. This division of this Act takes 27 2 effect July 1, 1999. 27 3 EXPLANATION 27 4 This bill creates an Iowa empowerment board for managing 27 5 state and community efforts involving child welfare and 27 6 community empowerment areas. The Iowa empowerment board 27 7 provisions are organized into a new Code chapter 7I. 27 8 New Code section 7I.1 provides definitions. 27 9 New Code section 7I.2 creates the Iowa board with nine 27 10 voting members who serve for three-year terms and six 27 11 legislative members who serve in a nonvoting, ex officio 27 12 capacity. The voting members are to be appointed so as to 27 13 represent the five congressional districts in the state. A 27 14 temporary provision in the bill provides for staggering of the 27 15 initial terms of the voting members. 27 16 The Iowa board is to be assisted by an advisory council 27 17 consisting of the directors or designees of the directors of 27 18 the following state agencies: department of education, 27 19 department of human rights, department of human services, Iowa 27 20 department of public health, department of workforce 27 21 development, and other state agencies and representatives of 27 22 local governments designated by the board. Staffing 27 23 assistance to the board is to be provided by the agencies 27 24 represented on the professional cabinet. 27 25 The Iowa board is to perform duties concerning child 27 26 welfare and adoption of administrative rules. 27 27 New Code section 7I.4 provides requirements for designating 27 28 community empowerment areas. 27 29 New Code section 7I.5 provides requirements for counties 27 30 and school districts to designate community empowerment area 27 31 boards. 27 32 New Code section 7I.6 outlines the responsibilities and 27 33 authority of a community empowerment area board. 27 34 New Code section 7I.7 provides legislative intent to 27 35 implement various provisions over a three-year period 28 1 beginning with FY 1998-1999 and continuing through FY 2000- 28 2 2001. 28 3 The bill also amends Code section 135.106, which 28 4 established the healthy families Iowa program. The bill 28 5 amends language expressing legislative intent encouraging 28 6 local community efforts to redesign programs for children ages 28 7 zero through five years and requiring state agencies to assist 28 8 the efforts. Under the bill, local community requests to the 28 9 state for redesigning services are subject to approval of the 28 10 empowerment board for approval in consultation with the state 28 11 agencies which provide approval under current law. 28 12 The bill amends Code section 232.188, relating to child 28 13 welfare funding decategorization. Under current law, the term 28 14 "decategorization" is used to describe funding activities, 28 15 local governance boards, and agreements. The bill replaces 28 16 that term with the use of the term "community empowerment 28 17 areas" in describing the local governance boards. The bill 28 18 maintains current law providing for the department of human 28 19 services to develop the agreements but provides that the Iowa 28 20 empowerment board has final approval authority. 28 21 The bill includes transition provisions and a funding 28 22 authorization for the Iowa empowerment board. The transition 28 23 provisions direct existing child welfare funding 28 24 decategorization projects and innovation zones to make a 28 25 transition to become community empowerment areas during FY 28 26 1998-1999. The Iowa empowerment board is authorized to 28 27 reallocate appropriations for various child welfare and 28 28 juvenile justice programs as block grants to community 28 29 empowerment areas or existing child welfare decategorization 28 30 efforts during FY 1998-1999. 28 31 The bill provides for a transition board consisting of the 28 32 directors of the departments of human services, education, and 28 33 public health along with the nonvoting ex officio, legislative 28 34 members to perform the duties of the Iowa empowerment board 28 35 until September 30, 1998. The governor is to make the initial 29 1 appointments to the board by that date. This section of the 29 2 bill takes effect upon enactment. 29 3 Division II takes effect July 1, 1999, provides for the 29 4 Iowa empowerment board to assume the duties of various state 29 5 boards, commissions, and councils and repeals Code provisions 29 6 relating to the boards, commissions, and councils. 29 7 New Code section 7I.8 transfers the duties of the council 29 8 of human services to the Iowa empowerment board. 29 9 New Code section 7I.9 transfers the duties of the 29 10 commission on mental health and developmental disabilities to 29 11 the Iowa empowerment board. 29 12 New Code section 7I.10 transfers the duties of the state 29 13 board of health to the Iowa empowerment board. 29 14 New Code section 7I.11 transfers the duties of the 29 15 commission on children, youth, and families, the duties of the 29 16 family development and self-sufficiency council and 29 17 accompanying grant programs, and the duties of the state child 29 18 day care advisory council and criminal and juvenile justice 29 19 planning advisory council to the Iowa empowerment board. 29 20 New Code section 7I.12 transfers the duties of the council 29 21 on human investment to the Iowa empowerment board. 29 22 New Code section 217.43 is amended to authorize a county 29 23 board of supervisors to assign duties of a county cluster 29 24 board to a community empowerment area board. 29 25 References to the boards and commissions being repealed by 29 26 the bill are revised in various Code sections. The Code 29 27 editor is directed to make changes of references to the state 29 28 board of health and the commission on mental health and 29 29 developmental disabilities. 29 30 The following Code provisions are repealed: Code section 29 31 8A.1, creating the council on human investment; Code chapter 29 32 136, creating the state board of health; Code section 29 33 216A.132, creating the criminal and juvenile justice planning 29 34 council; Code sections 217.3 and 217.17, relating to the 29 35 council of human services and a division of the department of 30 1 human services which no longer exists; Code section 217.9A, 30 2 creating the commission on children, youth, and families; Code 30 3 sections 217.11 and 217.12, relating to the family development 30 4 and self-sufficiency grant program and council; Code sections 30 5 225C.5 and 225C.6, relating to the duties of the commission on 30 6 mental health and developmental disabilities; and Code 30 7 sections 237A.21 and 237A.22, relating to the state child day 30 8 care advisory council. 30 9 LSB 4146YH 77 30 10 jp/jl/8.1
Text: HF02448 Text: HF02450 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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