House File 984 H-1262 Amend House File 984 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 SERVICES AND SUPPORT FOR CHILDREN AND YOUTH 5 Section 1. Section 125.13, subsection 2, Code 2025, is 6 amended by adding the following new paragraph: 7 NEW PARAGRAPH . k. A psychiatric medical institution for 8 children licensed under chapter 135H, unless the psychiatric 9 medical institution for children provides substance use 10 disorder services. 11 Sec. 2. Section 135H.1, Code 2025, is amended to read as 12 follows: 13 135H.1 Definitions. 14 As used in this chapter , unless the context otherwise 15 requires: 16 1. “Approved qualifying organization” means any of the 17 following: 18 a. The joint commission. 19 b. The commission on accreditation of rehabilitation 20 facilities. 21 c. The council on accreditation. 22 d. A nationally recognized accrediting organization with 23 standards comparable to the entities listed in paragraphs “a” 24 through “c” that are acceptable under federal regulations. 25 e. An entity specified by rule adopted by the department in 26 consultation with the department of health and human services. 27 1. 2. “Department” means the department of inspections, 28 appeals, and licensing. 29 2. 3. “Direction” means authoritative policy or procedural 30 guidance for the accomplishment of a function or an activity. 31 3. 4. “Licensee” means the holder of a license issued to 32 operate a psychiatric medical institution for children. 33 4. 5. “Medical care plan” means a plan of care and services 34 designed to eliminate the need for inpatient care by improving 35 -1- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 1/ 33 #1.
the condition of a child youth . Services must be based upon a 1 diagnostic evaluation, which includes an examination a physical 2 assessment and behavioral health evaluation of the medical, 3 psychological, social, behavioral, and developmental aspects 4 of the child’s youth’s situation, reflecting the need for 5 inpatient care. 6 6. “Mental health disorder” means any of the following: 7 a. A mental disorder as defined by the most recent version 8 of the diagnostic and statistical manual of mental disorders 9 published by the American psychiatric association. 10 b. A mental disorder included in the mental, behavioral, or 11 neurodevelopmental disorders chapter in the most recent version 12 of the international classification of diseases published by 13 the world health organization. 14 5. 7. “Mental health professional” means an individual who 15 has all of the following qualifications: 16 a. The individual holds at least a master’s degree in a 17 mental health field, including but not limited to, psychology, 18 counseling and guidance, nursing, and or social work, or the 19 individual is a physician. 20 b. The individual holds a current Iowa license if practicing 21 in a field covered by that requires an Iowa licensure law 22 license . 23 c. The individual has at least two years of post-degree 24 clinical experience, supervised by another mental health 25 professional, in assessing mental health needs and problems and 26 in providing appropriate mental health services. 27 6. 8. “Nursing care” means services which are provided 28 under the direction of a physician or registered nurse. 29 7. 9. “Physician” means a person licensed under chapter 30 148 . 31 10. “Protective locked environment” means a setting that 32 prevents egress from a building or grounds as a protective 33 measure to ensure safety and security. 34 8. 11. “Psychiatric medical institution for children” or 35 -2- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 2/ 33
“psychiatric institution” means an institution providing more 1 than twenty-four hours of continuous care involving long-term 2 psychiatric services to three or more children youth in 3 residence for expected periods of fourteen or more days for an 4 assessment, evaluation, and diagnosis and evaluation or for 5 expected periods of ninety days or more for treatment. 6 9. 12. “Psychiatric services” means services provided under 7 the direction of a physician which address mental, emotional, 8 medical, or behavioral problems. 9 13. “Record check evaluation system” means the same as 10 defined in section 135C.1. 11 10. 14. “Rehabilitative services” means services to 12 encourage and assist restoration of a resident’s optimum mental 13 and physical capabilities. 14 11. 15. “Resident” means a person who is less than 15 twenty-one years of age and youth who has been admitted by a 16 physician to a psychiatric medical institution for children. 17 16. “Serious emotional disturbance” means a diagnosable 18 mental, behavioral, or emotional disorder that meets the 19 diagnostic criteria specified in the most current diagnostic 20 and statistical manual of mental disorders published by 21 the American psychiatric association. “Serious emotional 22 disturbance” does not include a substance use disorder or 23 developmental disorder unless such disorder co-occurs with a 24 diagnosable mental, behavioral, or emotional disorder. 25 17. “Substance use disorder” means the same as defined in 26 section 125.2. 27 12. 18. “Supervision” means direct oversight and inspection 28 of the an act of accomplishing that accomplishes a function or 29 activity. 30 19. “Youth” means a person who is less than twenty-one years 31 of age. 32 Sec. 3. Section 135H.3, Code 2025, is amended to read as 33 follows: 34 135H.3 Nature of care. 35 -3- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 3/ 33
1. a. A psychiatric medical institution for children 1 shall provide shelter, food, supervision, care, assessment, 2 evaluation, diagnosis, treatment, counseling, rehabilitative 3 services, and related professional-directed services to 4 youth who have a serious emotional disturbance, a substance 5 use disorder, or both, with the intention of reducing or 6 ameliorating the disorder, the symptoms of the disorder, or the 7 effects of the disorder. 8 b. A psychiatric medical institution for children shall 9 utilize a team of professionals to direct an organized program 10 of diagnostic services, psychiatric services, nursing care, 11 and rehabilitative services to meet the needs of residents 12 in accordance with a medical care plan developed for each 13 resident. The membership of the team of professionals 14 may include but is not limited to an advanced registered 15 nurse practitioner or a physician assistant. Social and 16 rehabilitative services shall be provided under the direction 17 of a qualified mental health professional. 18 2. If a child youth is diagnosed with a biologically 19 based mental illness as defined in section 514C.22 and meets 20 the medical assistance program criteria for admission to a 21 psychiatric medical institution for children, the child youth 22 shall be deemed to meet the acuity criteria for medically 23 necessary inpatient benefits under a group policy, contract, or 24 plan providing for third-party payment or prepayment of health, 25 medical, and surgical coverage benefits issued by a carrier, as 26 defined in section 513B.2 , that is subject to section 514C.22 . 27 Such medically necessary benefits shall not be excluded or 28 denied as care that is substantially custodial in nature under 29 section 514C.22, subsection 8 , paragraph “b” . 30 Sec. 4. Section 135H.4, Code 2025, is amended to read as 31 follows: 32 135H.4 Licensure. 33 1. A person shall not establish, operate, or maintain a 34 psychiatric medical institution for children unless the person 35 -4- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 4/ 33
obtains a license for the institution under this chapter and 1 either holds a license under section 237.3, subsection 2 , 2 paragraph “a” , as a comprehensive residential facility for 3 children or holds a license under section 125.13 , if the 4 facility provides substance use disorder treatment under 5 chapter 237, and holds a license under this chapter . 6 2. In addition to the requirements under subsection 1, a 7 person shall not provide substance use disorder services at a 8 psychiatric medical institution for children unless the person 9 holds a license under section 125.13. The department of health 10 and human services shall adopt rules pursuant to chapter 17A 11 to create an expedited process for a person to simultaneously 12 obtain a license under section 125.13 and a license as a 13 comprehensive residential facility for children under chapter 14 237. 15 Sec. 5. Section 135H.5, Code 2025, is amended to read as 16 follows: 17 135H.5 Application for license —— initial application and 18 annual fees . 19 1. An application for a license under this chapter shall 20 be submitted on a form requesting information required by 21 the department , which . The application may include require 22 affirmative evidence of the applicant’s ability to comply with 23 the rules for standards adopted pursuant to this chapter . The 24 application shall require the applicant to specify whether the 25 applicant intends to provide services for serious emotional 26 disturbances, substance use disorders, or both. 27 2. An application for a license shall be accompanied by the 28 required license fee which shall be credited to the general 29 fund of the state. The initial application fee and the annual 30 license fee is twenty-five dollars. 31 Sec. 6. Section 135H.6, subsections 1, 4, and 5, Code 2025, 32 are amended to read as follows: 33 1. The department shall issue a license to an applicant 34 under this chapter if all the following conditions exist: 35 -5- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 5/ 33
a. The department has ascertained that the applicant’s 1 medical facilities and staff are adequate to provide the care 2 and services required of a psychiatric medical institution for 3 children . 4 b. The proposed psychiatric institution is accredited 5 by the joint commission on the accreditation of health 6 care organizations, the commission on accreditation of 7 rehabilitation facilities, the council on accreditation of 8 services for families and children, or by any other recognized 9 accrediting organization with comparable standards acceptable 10 under federal regulation an approved qualifying organization . 11 c. The applicant complies with applicable state rules 12 and standards for a psychiatric institution adopted by the 13 department in accordance with federal requirements under 42 14 C.F.R. §441.150 441.156. 15 d. The department of health and human services has submitted 16 written approval of the application based on the department 17 of health and human services’ determination of need. The 18 department of health and human services shall identify the 19 location and number of children youth in the state who require 20 the services of a psychiatric medical institution for children. 21 Approval of an application shall be based upon the location 22 of the proposed psychiatric institution relative to the need 23 for services identified by the department of health and human 24 services and an analysis of the applicant’s ability to provide 25 services and support consistent with requirements under chapter 26 232 , particularly regarding specifically community-based 27 treatment. If the proposed psychiatric institution is not 28 freestanding from a facility licensed under chapter 135B or 29 135C , approval under this paragraph shall not be given unless 30 the department of health and human services certifies that 31 the proposed psychiatric institution is capable of providing 32 a resident with a living environment similar to the living 33 environment provided by a licensee which is freestanding from a 34 facility licensed under chapter 135B or 135C . 35 -6- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 6/ 33
e. The proposed psychiatric institution is under the 1 direction of an agency which has operated a facility licensed 2 under section 237.3, subsection 2 , paragraph “a” , as a 3 comprehensive residential facility for children for three years 4 or of an agency which has operated a facility for three years 5 providing psychiatric services exclusively to children or 6 adolescents and the facility meets or exceeds requirements for 7 licensure under section 237.3, subsection 2 , paragraph “a” , as a 8 comprehensive residential facility for children. 9 f. e. If a child youth has an a serious emotional , 10 behavioral, or mental health disorder disturbance , the 11 psychiatric institution does not require court any of the 12 following as a condition for the youth to obtain treatment: 13 (1) Court proceedings to be initiated or that a child’s . 14 (2) For the youth’s parent, guardian, or custodian must 15 to terminate parental rights over , or transfer legal custody 16 of , the child for the purposes of obtaining treatment from the 17 psychiatric institution for the child youth . 18 (3) Relinquishment of a child’s the youth’s custody shall 19 not be a condition of the child receiving services . 20 4. The department of health and human services may give 21 approval to approve a conversion of beds approved under 22 subsection 2 , to if the beds which are specialized to provide 23 substance use disorder treatment. However, the total number of 24 beds approved under subsection 2 and this subsection shall not 25 exceed four hundred thirty , unless approved for good cause by 26 the director pursuant to subsection 2 . Beds The limitations 27 on the number of beds under this section shall not apply to 28 beds for children youth who do not reside in this state and 29 whose service costs are not paid by public funds in this state 30 are not subject to the limitations on the number of beds 31 requirements otherwise applicable under this section . 32 5. A psychiatric institution licensed prior to July 1, 1999, 33 may exceed the number of beds authorized under subsection 2 34 if the excess beds are used to provide services funded from 35 -7- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 7/ 33
a source other than the medical assistance program under 1 chapter 249A . Notwithstanding subsection 1 , paragraph “d” , and 2 subsection 2 , the provision of services using those excess beds 3 does not require a review by the department of health and human 4 services. 5 Sec. 7. Section 135H.7, subsection 2, paragraph a, Code 6 2025, is amended to read as follows: 7 a. If a person who has been convicted of a crime or has a 8 record of founded child abuse is being considered for licensure 9 under this chapter , or for employment with a psychiatric 10 institution involving direct responsibility for a child youth 11 or with access to a child youth when the child youth is alone, 12 by a licensed psychiatric institution, or if a person will 13 reside residence in a facility utilized by a licensee, and if 14 the person has been convicted of a crime or has a record of 15 founded child abuse, the record check evaluation system and 16 the licensee for an employee of the licensee considering the 17 person for employment shall perform an evaluation to determine 18 whether the crime or founded child abuse warrants prohibition 19 of licensure, employment, or residence in the facility utilized 20 by a licensee . The record check evaluation system of the 21 department of health and human services shall conduct criminal 22 and child abuse record checks in this state and may conduct 23 these checks in other states. The record check evaluation 24 shall be performed in accordance with procedures adopted for 25 this purpose by the department of health and human services. 26 Sec. 8. NEW SECTION . 135H.7A Protective locked environment 27 —— rules. 28 The department, in cooperation with the department of health 29 and human services, shall adopt rules pursuant to chapter 17A 30 relating to the application of a protective locked environment 31 in a psychiatric medical institution for children. 32 Sec. 9. Section 135H.10, subsection 2, Code 2025, is amended 33 to read as follows: 34 2. This chapter shall not be construed as prohibiting 35 -8- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 8/ 33
the use of to prohibit funds appropriated for foster care to 1 from being used to provide payment to a psychiatric medical 2 institution for children for the financial participation 3 required of a child youth whose foster care placement is in a 4 psychiatric medical institution for children. In accordance 5 with established policies and procedures for foster care, the 6 department of health and human services shall act to recover 7 any such payment for financial participation, apply to be named 8 payee for the child’s youth’s unearned income, and recommend 9 parental liability for the costs of a court-ordered foster care 10 placement in a psychiatric medical institution. 11 Sec. 10. Section 135H.13, subsection 1, Code 2025, is 12 amended to read as follows: 13 1. The department’s final findings and the survey findings 14 of the joint commission on the accreditation of health care 15 organizations an approved qualifying organization regarding 16 licensure or program accreditation shall be made available 17 to the public in a readily available form and place. Other 18 information relating to the psychiatric institution is 19 confidential and shall not be made available to the public 20 except in proceedings a proceeding involving licensure, a 21 civil suit involving a resident, or an administrative action 22 involving a resident. 23 Sec. 11. Section 229.13, subsection 1, paragraph c, Code 24 2025, is amended to read as follows: 25 c. (1) If the court orders evaluation and treatment of 26 the respondent on an inpatient basis under this section , the 27 court may order the respondent placed under the care of an 28 appropriate subacute care facility licensed under chapter 135G . 29 (2) If the court orders evaluation and treatment of a minor 30 respondent on an inpatient basis under this section, the court 31 may order the minor respondent placed under the care of an 32 appropriate public hospital. 33 Sec. 12. Section 229.13, subsection 5, Code 2025, is amended 34 to read as follows: 35 -9- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 9/ 33
5. a. (1) The chief medical officer of the hospital or 1 facility at which the respondent is placed shall report to the 2 court and make a recommendation for disposition of the matter 3 no more than fifteen days after the date the respondent is 4 placed , making a recommendation for disposition of the matter 5 at the hospital or facility . An 6 (2) If the respondent is a minor and is placed under the 7 care of a public hospital pursuant to subsection 1, paragraph 8 “c” , subparagraph (2), the chief medical officer of the public 9 hospital shall report to the court and make a recommendation 10 for disposition no later than thirty calendar days after the 11 date the minor respondent is placed under the care of the 12 public hospital. 13 b. A copy of the chief medical officer’s report shall be 14 sent to the respondent’s attorney. 15 c. (1) Upon request, the court may grant the chief medical 16 officer an extension of time may be granted , not to exceed 17 seven days , upon a showing of cause. A copy of the report shall 18 be sent to the The respondent’s attorney , who may contest the 19 need for an extension of time if one is requested . An 20 (2) The court shall grant an extension of time shall be 21 granted upon request unless the request is contested, in which 22 case the court shall make such inquiry as it deems appropriate 23 and may either order the respondent’s release from the hospital 24 or facility , or grant an extension of time for psychiatric 25 evaluation. 26 d. If the chief medical officer fails to report to the 27 court within fifteen days after the individual is placed under 28 the care of the hospital or facility the time specified in 29 paragraph “a” , and an extension of time has not been requested 30 granted , the chief medical officer is guilty of contempt 31 and shall be punished under chapter 665. The court shall 32 order a rehearing on the application to determine whether the 33 respondent should continue to be detained at or placed under 34 the care of the hospital or facility. 35 -10- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 10/ 33
Sec. 13. Section 229.14, subsection 2, paragraph e, Code 1 2025, is amended to read as follows: 2 e. (1) If the court orders placement and treatment of the 3 a respondent on an inpatient basis under this section , the 4 court may order the respondent placed under the care of an 5 appropriate subacute care facility licensed under chapter 135G . 6 (2) If the court orders placement and treatment of a minor 7 respondent on an inpatient basis under this section, the court 8 may order the minor respondent placed under the care of an 9 appropriate public hospital. 10 Sec. 14. Section 232.2, Code 2025, is amended by adding the 11 following new subsections: 12 NEW SUBSECTION . 3A. “Behavioral health condition” means 13 a serious emotional disturbance, a mental health disorder, 14 a substance abuse disorder, life stressors and crises, and 15 stress-related physical symptoms. 16 NEW SUBSECTION . 3B. “Behavioral health evaluation” means a 17 process used to assess an individual’s behavioral health status 18 and functioning for purposes including but not limited to the 19 diagnosis of a behavioral health condition or to determine the 20 need for treatment or intervention. 21 NEW SUBSECTION . 38A. “Mental health disorder” means the 22 same as defined in section 135H.1. 23 NEW SUBSECTION . 48A. “Physical assessment” means 24 direct physical touching, viewing, and medically necessary 25 manipulation of any area of a child’s body by a physician 26 licensed under chapter 148. 27 NEW SUBSECTION . 58A. “Serious emotional disturbance” means 28 the same as defined in section 135H.1. 29 NEW SUBSECTION . 64A. “Substance use disorder” means the 30 same as defined in section 125.2. 31 Sec. 15. Section 232.2, subsection 34, Code 2025, is amended 32 to read as follows: 33 34. “Juvenile court social records” or “social records” means 34 all records , other than official records, made with respect to 35 -11- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 11/ 33
a child in connection with proceedings over which the court has 1 jurisdiction under this chapter other than official records and 2 includes but is not limited to the records made and compiled 3 by intake officers, predisposition reports, and reports of 4 physical assessments and mental examinations behavioral health 5 evaluations . 6 Sec. 16. Section 232.8, subsection 4, Code 2025, is amended 7 to read as follows: 8 4. In a proceeding concerning a child who is alleged to 9 have committed a second delinquent act or a second violation 10 excluded from the jurisdiction of the juvenile court, the court 11 or the juvenile court shall determine whether there is reason 12 to believe that the child regularly abuses alcohol or other 13 controlled substance has a behavioral health condition and may 14 be in need of treatment. If the court so determines, the court 15 shall advise appropriate juvenile authorities and refer such 16 offenders to the juvenile court for disposition pursuant to 17 section 232.52A . 18 Sec. 17. Section 232.49, Code 2025, is amended to read as 19 follows: 20 232.49 Physical assessments and mental examinations 21 behavioral health evaluations —— juvenile delinquency . 22 1. a. Following Any time after the entry of an order 23 of adjudication under section 232.47 , the court may, after 24 a hearing which may be simultaneous with the adjudicatory 25 hearing , order a physical assessment or mental examination 26 behavioral health evaluation of a child if it the court finds 27 that an examination a physical assessment or a behavioral 28 health evaluation is necessary to determine the child’s 29 physical condition or mental to determine if the child has a 30 behavioral health condition. 31 b. The court may consider chemical dependency as either 32 a physical condition or mental behavioral health condition 33 and may consider a chemical dependency evaluation as either a 34 physical assessment or mental examination behavioral health 35 -12- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 12/ 33
evaluation . If the examination 1 c. A hearing to order a physical assessment or behavioral 2 health evaluation may be held at the same time as the 3 adjudicatory hearing. 4 2. Unless otherwise ordered by the court, if a physical 5 assessment or behavioral health evaluation indicates the child 6 has behaved in a manner that threatened the safety of another 7 person, has committed a violent act causing bodily injury to 8 another person, or has been a victim or perpetrator of sexual 9 abuse, unless otherwise ordered by the court, the child’s 10 parent, guardian, or foster parent , or other person with 11 custody of the child shall be provided with that information. 12 2. 3. a. When possible an examination , a physical 13 assessment or behavioral health evaluation shall be conducted 14 on an outpatient basis , but . However, if deemed necessary by 15 the court, the court may , if it deems necessary commit order 16 the child to a suitable hospital, facility , or institution for 17 the purpose of examination an inpatient physical assessment or 18 an inpatient behavioral health evaluation . 19 b. Commitment for examination An inpatient physical 20 assessment or an inpatient behavioral health evaluation shall 21 not exceed thirty days and the civil commitment provisions of 22 chapter 229 shall not apply . 23 3. 4. a. At any Any time after the filing of a delinquency 24 petition , the court may order a physical assessment or mental 25 examination behavioral health evaluation of the child if all of 26 the following circumstances apply: 27 (1) The court finds such examination a physical assessment 28 or a behavioral health evaluation to be in the best interest 29 of the child ; and . 30 (2) The parent, guardian, or custodian and the child’s 31 counsel agree to the physical assessment or behavioral health 32 evaluation . 33 b. (1) An examination A physical assessment or behavioral 34 health evaluation shall be conducted on an outpatient basis 35 -13- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 13/ 33
unless the court, the child’s counsel, and the child’s 1 parent, guardian, or custodian agree that it is necessary the 2 child should be committed ordered to a suitable hospital, 3 facility, or institution for the purpose of examination an 4 inpatient physical assessment or an inpatient behavioral health 5 evaluation . Commitment for examination 6 (2) An inpatient physical assessment or inpatient 7 behavioral health evaluation shall not exceed thirty days and 8 the civil commitment provisions of chapter 229 shall not apply . 9 Sec. 18. Section 232.52A, subsection 1, Code 2025, is 10 amended to read as follows: 11 1. In addition to any other order of the juvenile court, 12 a person under age eighteen, child who may be in need of 13 treatment , as determined under section 232.8 , may be ordered 14 to participate in an alcohol or controlled substance education 15 or a physical assessment or behavioral health evaluation 16 program approved by the juvenile court. If recommended after 17 evaluation, the The court may also order the person child to 18 participate in a treatment program approved by the court if the 19 treatment program is recommended after the child’s physical 20 assessment or behavioral health evaluation . The juvenile court 21 may also require the custodial parent or parents , or other 22 legal guardian , to participate in an educational program with 23 the person under age eighteen child if the court determines 24 that such participation is in the best interests of the person 25 under age eighteen child . 26 Sec. 19. Section 232.68, subsection 3, unnumbered paragraph 27 1, Code 2025, is amended to read as follows: 28 “Confidential access to a child” means access to a child, 29 during an assessment of an alleged act of child abuse, who is 30 alleged to be the victim of the child abuse , during a child 31 abuse assessment . The access may be accomplished by interview, 32 observation, or examination physical assessment of the child. 33 As used in this subsection and this part: 34 Sec. 20. Section 232.68, subsection 3, paragraph c, Code 35 -14- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 14/ 33
2025, is amended by striking the paragraph. 1 Sec. 21. Section 232.69, subsection 3, paragraph b, Code 2 2025, is amended to read as follows: 3 b. A person required to make a report under subsection 1, 4 other than a physician whose professional practice does not 5 regularly involve providing primary health care to children, 6 shall complete the core training curriculum relating to 7 the identification and reporting of child abuse within six 8 months of initial employment or self-employment involving 9 the examination physical assessments or behavioral health 10 evaluations , or attending, counseling, or treatment of treating 11 children on a regular basis. Within one month of initial 12 employment or self-employment, the person shall obtain a 13 statement of the abuse reporting requirements from the person’s 14 employer or, if self-employed, from the department. The person 15 shall complete the core training curriculum relating to the 16 identification and reporting of child abuse every three years. 17 Sec. 22. Section 232.71B, subsection 10, Code 2025, is 18 amended to read as follows: 19 10. Physical examination assessment . If the department 20 refers a child to a physician or physician assistant for a 21 physical examination assessment , the department shall contact 22 the physician or physician assistant regarding the examination 23 physical assessment within twenty-four hours of making the 24 referral. If the physician or physician assistant who performs 25 the examination upon referral by the department physical 26 assessment reasonably believes the child has been abused, the 27 physician or physician assistant shall report to the department 28 within twenty-four hours of performing the examination physical 29 assessment . 30 Sec. 23. Section 232.77, subsection 1, Code 2025, is amended 31 to read as follows: 32 1. a. A person who is required to report suspected 33 child abuse may take or perform, or may cause to be taken or 34 performed , at public expense, photographs, X rays, or other 35 -15- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 15/ 33
physical examinations assessments, or other tests of a child 1 which would provide medical indication of allegations arising 2 from an assessment. 3 b. A health practitioner may, if medically indicated, 4 cause to be performed a radiological examination, physical 5 examination assessment , or other medical tests test of the 6 child. 7 c. A person who takes any photographs or X rays or 8 performs any physical examinations assessments or other tests 9 pursuant to this section shall notify the department that the 10 photographs or X rays have been taken or the examinations 11 physical assessments or other tests have been performed . The 12 person who made notification , and shall retain the photographs , 13 or X rays , or examination physical assessment or other test 14 findings for a reasonable time following the notification. 15 d. Whenever the person is required to report under section 16 232.69 , in that person’s capacity as a member of the staff of 17 a medical or other private or public institution, agency or 18 facility, that person shall immediately notify the person in 19 charge of the institution, agency, or facility or that person’s 20 designated delegate of the need for photographs , or X rays or 21 examinations , physical assessments, or other tests. 22 Sec. 24. Section 232.78, subsection 1, paragraph a, Code 23 2025, is amended to read as follows: 24 a. Any of the following circumstances exist: 25 (1) The person responsible for the care of the child 26 consents to the removal. 27 (2) The person responsible for the care of the child is 28 absent , or . 29 (3) The person responsible for the care of the child, though 30 present, was asked and refused to consent to the removal of the 31 child and was informed of an intent to apply for an order under 32 this section , or there . 33 (4) There is reasonable cause to believe that a request for 34 consent would further endanger the child , or there . 35 -16- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 16/ 33
(5) There is reasonable cause to believe that a request for 1 consent will cause the parent, guardian, or legal custodian 2 person responsible for the care of the child to take flight 3 with the child. 4 Sec. 25. Section 232.78, subsection 1, paragraph c, 5 subparagraph (1), Code 2025, is amended to read as follows: 6 (1) The refusal or failure of the person responsible for 7 the care of the child to comply with the request of a peace 8 officer, juvenile court officer, or child protection worker 9 for such the person to obtain and provide to the requester 10 the results of a physical assessment or mental examination 11 behavioral health evaluation of the child. The request for a 12 physical examination assessment of the child may specify the 13 performance of a medically relevant test. 14 Sec. 26. Section 232.78, subsection 5, Code 2025, is amended 15 to read as follows: 16 5. The juvenile court, before or after the filing of a 17 petition under this chapter , may enter an ex parte order 18 authorizing a physician or physician assistant or hospital to 19 conduct an inpatient or outpatient physical examination or 20 authorizing a physician or physician assistant, a psychologist 21 certified under section 154B.7 , or a community mental health 22 center accredited pursuant to chapter 230A to conduct an 23 outpatient mental examination assessment or an inpatient or 24 outpatient behavioral health evaluation of a child if necessary 25 to identify the nature, extent, and cause of injuries to the 26 child as required by section 232.71B , provided all of the 27 following apply: 28 a. Any of the following circumstances exist: 29 (1) The child’s parent, guardian, or custodian consents to 30 the physical assessment or the behavioral health evaluation. 31 (2) The child’s parent, guardian, or legal custodian is 32 absent , or . 33 (3) The child’s parent, guardian, or custodian, though 34 present, was asked and refused to provide written consent to 35 -17- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 17/ 33
the examination physical assessment or the behavioral health 1 evaluation . 2 b. The juvenile court has entered an ex parte order 3 directing the removal of the child from the child’s home or a 4 child care facility under this section. 5 c. There is not enough time to file a petition and to hold 6 a hearing as provided in section 232.98. 7 Sec. 27. Section 232.79, subsection 5, Code 2025, is amended 8 to read as follows: 9 5. When there has been an emergency removal or keeping of a 10 child without a court order, a physical examination assessment 11 of the child by a licensed medical practitioner shall be 12 performed within twenty-four hours of such the emergency 13 removal or keeping of a child , unless the child is returned 14 to the child’s home within twenty-four hours of the emergency 15 removal or keeping of a child . 16 Sec. 28. Section 232.83, subsection 2, Code 2025, is amended 17 to read as follows: 18 2. Anyone authorized to conduct a preliminary investigation 19 in response to a complaint may apply for, or the court on its 20 own motion may enter, an ex parte order authorizing a physician 21 or physician assistant or hospital to conduct an inpatient or 22 outpatient physical examination or authorizing a physician or 23 physician assistant, a psychologist certified under section 24 154B.7 , or a community mental health center accredited pursuant 25 to chapter 230A to conduct an outpatient mental examination 26 of a child if necessary to identify the nature, extent, and 27 causes of any injuries, emotional damage, or other such needs 28 of a child as specified in section 232.96A, subsection 3, 5, or 29 6 , assessment or an inpatient or outpatient behavioral health 30 evaluation provided that all of the following apply: 31 a. Any of the following circumstances exist: 32 (1) The parent, guardian, or custodian consents to the 33 physical assessment or the behavioral health evaluation. 34 (2) The parent, guardian, or legal custodian is absent , or . 35 -18- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 18/ 33
(3) The parent, guardian, or custodian, though present, 1 was asked and refused to authorize the examination physical 2 assessment or the behavioral health evaluation . 3 b. There is not enough time to file a petition and hold a 4 hearing under this chapter. 5 c. The parent, guardian, or legal custodian has not provided 6 care and treatment related to their the child’s alleged 7 victimization. 8 Sec. 29. Section 232.98, Code 2025, is amended to read as 9 follows: 10 232.98 Physical and mental examinations assessments and 11 behavioral health evaluations —— child in need of assistance . 12 1. a. Except as provided in section 232.78, subsection 5 , 13 a physical assessment or mental examination behavioral health 14 evaluation of the a child may be ordered only after the filing 15 of a petition pursuant to section 232.87 , and after a hearing 16 to determine whether an examination a physical assessment 17 or behavioral health evaluation is necessary to determine 18 the child’s physical condition or mental if the child has a 19 behavioral health condition. 20 b. The court may consider chemical dependency as either 21 a physical or mental behavioral health condition and may 22 consider a chemical dependency evaluation as either a physical 23 assessment or mental examination behavioral health evaluation . 24 a. c. The hearing required by this section may be held 25 simultaneously with the adjudicatory hearing. 26 b. d. An examination A physical assessment or a behavioral 27 health evaluation ordered prior to the adjudication shall 28 be conducted on an outpatient basis when possible , but . 29 However, if deemed necessary by the court, the court may 30 commit order the child to a suitable nonsecure hospital, 31 facility, or institution for the purpose of examination an 32 inpatient physical assessment or an inpatient behavioral health 33 evaluation for a period not to exceed fifteen thirty days if 34 all of the following are found to be present circumstances 35 -19- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 19/ 33
exist : 1 (1) Probable cause exists to believe that the child is 2 a child in need of assistance pursuant to section 232.96A, 3 subsection 5 or 6 . 4 (2) Commitment An inpatient physical assessment or 5 inpatient behavioral health evaluation is necessary to 6 determine whether there is clear and convincing evidence that 7 the child is a child in need of assistance. 8 (3) The child’s attorney agrees to the commitment an 9 inpatient physical assessment or inpatient behavioral health 10 evaluation . 11 c. e. An examination A physical assessment or a behavioral 12 health evaluation ordered after the adjudication shall 13 be conducted on an outpatient basis when possible , but . 14 However, if deemed necessary by the court, the court may 15 commit order the child to a suitable nonsecure hospital, 16 facility, or institution for the purpose of examination an 17 inpatient physical assessment or an inpatient behavioral health 18 evaluation for a period not to exceed thirty days. 19 d. f. The child’s parent, guardian, or custodian shall 20 be included in counseling sessions offered during the child’s 21 stay in a hospital, facility, or institution when feasible, and 22 when in the best interests of the child and the child’s parent, 23 guardian, or custodian. If separate counseling sessions are 24 conducted for the child and the child’s parent, guardian, or 25 custodian, a joint counseling session shall be offered prior 26 to the release of the child from the hospital, facility, or 27 institution. The court shall require that notice be provided 28 to the child’s guardian ad litem of the counseling sessions , 29 and of the counseling session participants , and results the 30 outcomes of the counseling sessions. 31 2. Following an adjudication that a child is a child in 32 need of assistance, the court may , after a hearing , order the 33 a physical assessment or mental examination behavioral health 34 evaluation of the child’s parent, guardian, or custodian if 35 -20- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 20/ 33
that person’s ability to care for the child is at issue. 1 Sec. 30. Section 232.141, subsection 1, Code 2025, is 2 amended to read as follows: 3 1. Except as otherwise provided by law, the court shall 4 inquire into the ability of the child or the child’s parent 5 to pay expenses incurred pursuant to subsections 2, 4, and 6 8 . After giving the parent a reasonable opportunity to be 7 heard, the court may order the parent to pay all or part of the 8 costs of the child’s care, examination physical assessment, 9 behavioral health evaluation , treatment, legal expenses, or 10 other expenses. An order entered under this section does not 11 obligate a parent paying child support under a custody decree, 12 except that part of the monthly support payment may be used to 13 satisfy the obligations imposed by the order entered pursuant 14 to this section . If a parent fails to pay as ordered, without 15 good reason, the court may proceed against the parent for 16 contempt and may inform the county attorney who shall proceed 17 against the parent to collect the unpaid amount. Any payment 18 ordered by the court shall be a judgment against each of the 19 child’s parents and a lien as provided in section 624.23 . If 20 all or part of the amount that the parents are ordered to pay is 21 subsequently paid by the county or state, the judgment and lien 22 shall thereafter be against each of the parents in favor of the 23 county to the extent of the county’s payments and in favor of 24 the state to the extent of the state’s payments. 25 Sec. 31. Section 232.141, subsection 4, paragraph b, Code 26 2025, is amended to read as follows: 27 b. Expenses for mental or physical examinations assessments 28 or behavioral health evaluations of a child if ordered by the 29 court. 30 Sec. 32. Section 232.141, subsection 6, Code 2025, is 31 amended to read as follows: 32 6. If a child is given A physical or mental examinations 33 assessment, behavioral health evaluation, or any treatment 34 relating to an assessment performed pursuant to section 35 -21- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 21/ 33
232.71B , shall be paid by the state if physical assessment, 1 behavioral health evaluation, or other treatment was performed 2 with the consent of the child’s parent, guardian, or legal 3 custodian and no other provision of law otherwise requires 4 payment for the costs of the examination and treatment, the 5 costs shall be paid by the state . Reimbursement for The 6 department shall reimburse costs of services described in under 7 this subsection is subject to in accordance with subsection 5 . 8 Sec. 33. Section 237.1, Code 2025, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 8A. “Protective locked environment” means a 11 setting that prevents egress from a building or grounds as a 12 protective measure to ensure safety and security. 13 Sec. 34. Section 237.3, Code 2025, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 13. The department shall adopt rules 16 pursuant to chapter 17A relating to the application of a 17 protective locked environment to child foster care licensees. 18 Sec. 35. Section 237C.1, Code 2025, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 5. “Protective locked environment” means a 21 setting that prevents egress from a building or grounds as a 22 protective measure to ensure safety and security. 23 Sec. 36. Section 237C.4, Code 2025, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 6A. Rules governing the application of 26 a protective locked environment to a children’s residential 27 facility shall be adopted by the department. 28 Sec. 37. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— 29 DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING —— 30 ADMINISTRATIVE RULES. 31 1. The department of health and human services and the 32 department of inspections, appeals, and licensing shall each 33 adopt rules pursuant to chapter 17A to administer this division 34 of this Act. The departments shall coordinate in developing 35 -22- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 22/ 33
their respective rules to provide continuity for, and maximize 1 utilization of the array of behavioral health services 2 available by, affected individuals. 3 2. a. The department of health and human services and 4 the department of inspections, appeals, and licensing shall 5 review applicable existing rules and shall each adopt rules 6 pursuant to chapter 17A to provide for the following relative 7 to facilities licensed or certified under chapters 135H, 237, 8 and 237C: 9 (1) Consistency to the greatest extent possible regarding 10 the use of restraints and seclusion across these facilities. 11 (2) Adaptation in application of licensing and 12 certification requirements to provide for the unmet residential 13 care needs of affected individuals. 14 b. In reviewing and adopting the rules, the departments 15 shall consider the nature of the services and programming 16 provided by the specific type of facility and applicable 17 federal requirements, including those for psychiatric 18 residential treatment facilities as described in 42 C.F.R. 19 §483.352. 20 3. The department of health and human services shall adopt 21 rules pursuant to chapter 17A relating to the application of 22 a protective locked environment to detention and shelter care 23 as defined in section 232.2. For purposes of this subsection, 24 “protective locked environment” means a setting that prevents 25 egress from a building or grounds as a protective measure to 26 ensure safety and security. 27 Sec. 38. REVIEW OF YOUTH SYSTEMS, SERVICES, AND SUPPORTS. 28 1. a. The department of health and human services shall 29 convene representatives of the department of health and human 30 services, the courts and practitioners involved in civil 31 commitment and juvenile justice proceedings, law enforcement 32 and corrections, hospital systems, service providers, 33 individuals with lived experience and their families, and 34 four members of the general assembly to review the systems 35 -23- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 23/ 33
and related services and supports for youth, including but 1 not limited to the civil commitment and treatment provisions 2 under chapters 125 and 229, and the juvenile delinquency 3 and child in need of assistance provisions under chapter 4 232. The members of the general assembly shall include two 5 senators, one appointed by the majority leader of the senate 6 and one appointed by the minority leader of the senate, and 7 two representatives, one appointed by the majority leader of 8 the house of representatives and one appointed by the minority 9 leader of the house of representatives. 10 b. The primary goal of the review is to facilitate and 11 enhance the interplay of the multidimensional aspects of the 12 systems, services, and supports for youth and the work of 13 the relevant stakeholders to ensure accessible and effectual 14 processes, procedures, protections, and services for affected 15 youth. 16 2. The department of health and human services shall report 17 the review’s findings and recommendations to the governor and 18 the general assembly by October 1, 2025. 19 Sec. 39. REPEAL. 2024 Iowa Acts, chapter 1161, sections 97 20 and 98, are repealed. 21 DIVISION II 22 HOME AND COMMUNITY-BASED SERVICES —— HABILITATION SERVICES 23 PROVIDED BY A RESIDENTIAL PROGRAM —— EXCLUSION FROM CHILDREN’S 24 RESIDENTIAL FACILITY DEFINITION 25 Sec. 40. Section 237C.1, subsection 2, Code 2025, is amended 26 by adding the following new paragraph: 27 NEW PARAGRAPH . j. Care furnished to persons sixteen 28 years of age and older by a residential program to which the 29 department applies accreditation, certification, or standards 30 of review under the provisions of a federally approved medical 31 assistance home and community-based services waiver, or other 32 provision of the medical assistance program. 33 Sec. 41. ADMINISTRATIVE RULES. The department of health 34 and human services shall adopt rules pursuant to chapter 35 -24- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 24/ 33
17A to require that the care furnished by an entity under 1 section 237C.1, subsection 2, paragraph “j”, as enacted in 2 this division of this Act, shall be provided to persons under 3 eighteen years of age in settings separate from individuals 4 over the age of twenty-one. 5 DIVISION III 6 DIRECTOR OF JUVENILE COURT SERVICES —— CHIEF JUVENILE COURT 7 OFFICERS 8 Sec. 42. Section 602.1101, Code 2025, is amended by adding 9 the following new subsection: 10 NEW SUBSECTION . 5A. “Director of juvenile court services” 11 means the same as defined in the Iowa court rules of juvenile 12 court services directed programs as prescribed by the supreme 13 court and includes the deputy director of juvenile court 14 services. 15 Sec. 43. Section 602.1217, Code 2025, is amended to read as 16 follows: 17 602.1217 Chief juvenile court officer. 18 1. The chief judge of director of juvenile court services 19 shall appoint a chief juvenile court officer for each judicial 20 district , after consultation with the judges of the judicial 21 district, shall appoint a chief juvenile court officer and may 22 remove the a chief juvenile court officer for cause. 23 2. The chief juvenile court officer is subject to the 24 immediate supervision and direction of the chief judge of the 25 judicial district director of juvenile court services . 26 3. The chief juvenile court officer, in addition to 27 performing the duties of a juvenile court officer, shall 28 supervise juvenile court officers and administer juvenile court 29 services within the judicial district in a uniform manner, 30 under the supervision and direction of the director of juvenile 31 court services, in accordance with law and with the rules, 32 directives, and procedures of the judicial branch and the 33 judicial district. 34 4. The chief juvenile court officer shall assist the state 35 -25- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 25/ 33
court administrator and the district court administrator 1 director of juvenile court services in implementing the rules, 2 directives, and procedures of the judicial branch and the 3 judicial district. 4 5. A chief juvenile court officer shall have other duties 5 as prescribed by the supreme court or by the chief judge of the 6 judicial district director of juvenile court services . 7 Sec. 44. Section 602.7201, subsections 2 and 3, Code 2025, 8 are amended to read as follows: 9 2. The juvenile court officers and other personnel 10 employed in juvenile court service offices are subject to 11 the supervision of the chief juvenile court officer. The 12 chief juvenile court officer is subject to the supervision and 13 direction of the director of juvenile court services. 14 3. The chief juvenile court officer may employ, shall 15 supervise, and may remove for cause with due process 16 secretarial, clerical, and other staff within juvenile court 17 service offices as authorized by the chief judge director of 18 juvenile court services . 19 Sec. 45. Section 602.7202, subsection 1, Code 2025, is 20 amended to read as follows: 21 1. Subject to the approval of the chief judge of the 22 judicial district director of juvenile court services , the 23 chief juvenile court officer shall appoint juvenile court 24 officers to serve the juvenile court. Juvenile court officers 25 may be required to serve in two or more counties within the 26 judicial district. 27 DIVISION IV 28 HAWKI ELIGIBILITY —— PUBLIC INSTITUTION INMATES 29 Sec. 46. Section 514I.8, subsection 2, paragraph g, Code 30 2025, is amended to read as follows: 31 g. Is not an inmate of a public institution or a patient in 32 an institution for mental diseases. 33 Sec. 47. NEW SECTION . 514I.8B Inmates of public 34 institutions —— suspension of medical assistance. 35 -26- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 26/ 33
1. Following the first thirty days of commitment, the 1 department shall suspend, but not terminate, the eligibility of 2 an eligible child who is an inmate of a public institution as 3 defined in 42 C.F.R. §435.1010, who is enrolled in the medical 4 assistance program under this chapter at the time of commitment 5 to the public institution, and who remains eligible for medical 6 assistance under this chapter except for the eligible child’s 7 institutional status, during the entire period of the eligible 8 child’s commitment to the public institution. 9 2. To the extent applicable, the public institution and the 10 department shall comply with the reporting requirements and the 11 expediting of the restoration of an eligible child’s medical 12 assistance benefits under this chapter upon the eligible 13 child’s discharge, consistent with section 249A.38. 14 3. The department shall adopt rules pursuant to chapter 17A 15 to administer this section. 16 DIVISION V 17 CORRECTIVE CHANGES 18 Sec. 48. Section 125.13, subsection 2, paragraphs a, i, and 19 j, Code 2025, are amended to read as follows: 20 a. A hospital providing care or treatment to persons with 21 a substance use disorder licensed under chapter 135B which is 22 accredited by the joint commission on the accreditation of 23 health care organizations , the commission on accreditation 24 of rehabilitation facilities, the American osteopathic 25 association, or another recognized organization approved by 26 the department. All survey reports from the accrediting or 27 licensing body must be sent to the department. 28 i. A substance use disorder treatment program not funded 29 by the department which is accredited or licensed by the joint 30 commission on the accreditation of health care organizations , 31 the commission on the accreditation of rehabilitation 32 facilities, the American osteopathic association, or another 33 recognized organization approved by the department. All survey 34 reports from the accrediting or licensing body must be sent to 35 -27- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 27/ 33
the department. 1 j. A hospital substance use disorder treatment program 2 that is accredited or licensed by the joint commission on the 3 accreditation of health care organizations , the commission on 4 the accreditation of rehabilitation facilities, the American 5 osteopathic association, or another recognized organization 6 approved by the department. All survey reports for the 7 hospital substance use disorder treatment program from the 8 accrediting or licensing body shall be sent to the department. 9 Sec. 49. Section 125.43A, Code 2025, is amended to read as 10 follows: 11 125.43A Prescreening —— exception. 12 Except in cases of medical emergency or court-ordered 13 admissions, a person shall be admitted to a state mental 14 health institute for treatment of a substance use disorder 15 only after a preliminary intake and assessment by a 16 department-licensed treatment facility or a hospital providing 17 care or treatment for persons with a substance use disorder 18 licensed under chapter 135B and accredited by the joint 19 commission on the accreditation of health care organizations , 20 the commission on accreditation of rehabilitation facilities, 21 the American osteopathic association, or another recognized 22 organization approved by the department, or by a designee of 23 a department-licensed treatment facility or a hospital other 24 than a state mental health institute, which confirms that the 25 admission is appropriate to the person’s substance use disorder 26 service needs. A county board of supervisors may seek an 27 admission of a patient to a state mental health institute who 28 has not been confirmed for appropriate admission and the county 29 shall be responsible for one hundred percent of the cost of 30 treatment and services of the patient. 31 Sec. 50. Section 135B.12, Code 2025, is amended to read as 32 follows: 33 135B.12 Confidentiality. 34 The department’s final findings or the final survey findings 35 -28- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 28/ 33
of the joint commission on the accreditation of health care 1 organizations or the American osteopathic association with 2 respect to compliance by a hospital or rural emergency hospital 3 with requirements for licensing or accreditation shall be made 4 available to the public in a readily available form and place. 5 Other information relating to a hospital or rural emergency 6 hospital obtained by the department which does not constitute 7 the department’s findings from an inspection of the hospital 8 or rural emergency hospital or the final survey findings of 9 the joint commission on the accreditation of health care 10 organizations or the American osteopathic association shall 11 not be made available to the public, except in proceedings 12 involving the denial, suspension, or revocation of a license 13 under this chapter . The name of a person who files a complaint 14 with the department shall remain confidential and shall not 15 be subject to discovery, subpoena, or other means of legal 16 compulsion for its release to a person other than department 17 employees or agents involved in the investigation of the 18 complaint. 19 Sec. 51. Section 135B.20, subsection 4, Code 2025, is 20 amended to read as follows: 21 4. “Joint conference committee” shall mean the joint 22 conference committee as required by the joint commission on 23 accreditation of health care organizations or, in a hospital 24 having no such committee, a similar committee, an equal number 25 of which shall be members of the medical staff selected by the 26 staff and an equal number of which shall be selected by the 27 governing board of the hospital. 28 Sec. 52. Section 135C.2, subsection 7, Code 2025, is amended 29 to read as follows: 30 7. The rules adopted by the department regarding nursing 31 facilities shall provide that a nursing facility may choose 32 to be inspected either by the department or by the joint 33 commission on accreditation of health care organizations . 34 The rules regarding acceptance of inspection by the joint 35 -29- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 29/ 33
commission on accreditation of health care organizations shall 1 include recognition, in lieu of inspection by the department, 2 of comparable inspections and inspection findings of the joint 3 commission on accreditation of health care organizations , 4 if the department is provided with copies of all requested 5 materials relating to the inspection process. 6 Sec. 53. Section 135C.6, subsection 10, Code 2025, is 7 amended to read as follows: 8 10. Notwithstanding section 135C.9 , nursing facilities 9 which are accredited by the joint commission on accreditation 10 of health care organizations shall be licensed without 11 inspection by the department, if the nursing facility has 12 chosen to be inspected by the joint commission on accreditation 13 of health care organizations in lieu of inspection by the 14 department. 15 Sec. 54. Section 135J.2, subsection 2, Code 2025, is amended 16 to read as follows: 17 2. The hospice program shall meet the criteria pursuant to 18 section 135J.3 before a license is issued. The department is 19 responsible to provide the necessary personnel to inspect the 20 hospice program, the home care and inpatient care provided and 21 the hospital or facility used by the hospice to determine if 22 the hospice complies with necessary standards before a license 23 is issued. Hospices that are certified as Medicare hospice 24 providers by the department , or are accredited as hospices 25 by the joint commission on the accreditation of health care 26 organizations , shall be licensed without inspection by the 27 department. 28 Sec. 55. Section 144F.5, subsection 1, Code 2025, is amended 29 to read as follows: 30 1. The standards for accreditation adopted by the joint 31 commission on the accreditation of health care organizations 32 or any other nationally recognized hospital accreditation 33 organization. 34 Sec. 56. Section 155A.13, subsection 4, paragraph a, 35 -30- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 30/ 33
subparagraph (4), Code 2025, is amended to read as follows: 1 (4) Give recognition to the standards of the joint 2 commission on the accreditation of health care organizations 3 and the American osteopathic association , and to the conditions 4 of participation under Medicare. 5 Sec. 57. Section 232.2, subsection 4, paragraph i, Code 6 2025, is amended to read as follows: 7 i. If reasonable efforts to place a child for adoption or 8 with a guardian are made concurrently with reasonable efforts 9 as defined in section 232.102 232.102A , the concurrent goals 10 and timelines may be identified. Concurrent case permanency 11 plan goals for reunification, and for adoption or for other 12 permanent out-of-home placement of a child shall not be 13 considered inconsistent in that the goals reflect divergent 14 possible outcomes for a child in an out-of-home placement. 15 Sec. 58. Section 232.36, subsection 3, paragraph b, 16 subparagraph (3), Code 2025, is amended to read as follows: 17 (3) Legal custodian Custodian of the child. 18 Sec. 59. Section 232.37, subsection 2, Code 2025, is amended 19 to read as follows: 20 2. Notice of the pendency of the case shall be served upon 21 the known parents, guardians, or legal custodians of a child 22 if these persons are not summoned to appear as provided in 23 subsection 1 . Notice shall also be served upon the child and 24 upon the child’s guardian ad litem, if any. The notice shall 25 attach a copy of the petition and shall give notification of 26 the right to counsel provided for in section 232.11 . 27 Sec. 60. Section 232.101A, subsection 1, paragraph c, Code 28 2025, is amended to read as follows: 29 c. The parent of the child does not appear at the 30 dispositional hearing, or the parent appears at the 31 dispositional hearing, does not object to the transfer of 32 guardianship, and agrees to waive the requirement for making 33 reasonable efforts as defined in section 232.102 232.102A . 34 Sec. 61. Section 232.102A, subsection 3, Code 2025, is 35 -31- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 31/ 33
amended to read as follows: 1 3. The performance of reasonable efforts to place a child 2 for adoption or with a guardian may be made concurrently with 3 making reasonable efforts as defined in this section . 4 Sec. 62. Section 232B.5, subsection 19, unnumbered 5 paragraph 1, Code 2025, is amended to read as follows: 6 A party seeking an involuntary foster care placement of 7 or termination of parental rights over an Indian child shall 8 provide evidence to the court that active efforts have been 9 made to provide remedial services and rehabilitative programs 10 designed to prevent the breakup of the Indian family and that 11 these efforts have proved unsuccessful. The court shall not 12 order the placement or termination, unless the evidence of 13 active efforts shows there has been a vigorous and concerted 14 level of casework beyond the level that typically constitutes 15 reasonable efforts as defined in sections 232.57 and 232.102 16 232.102A . Reasonable efforts shall not be construed to be 17 active efforts. The active efforts must be made in a manner 18 that takes into account the prevailing social and cultural 19 values, conditions, and way of life of the Indian child’s 20 tribe. Active efforts shall utilize the available resources 21 of the Indian child’s extended family, tribe, tribal and 22 other Indian social service agencies, and individual Indian 23 caregivers. Active efforts shall include but are not limited 24 to all of the following: 25 Sec. 63. Section 233.2, subsection 5, Code 2025, is amended 26 to read as follows: 27 5. Reasonable efforts, as defined in section 232.102 28 232.102A , that are made in regard to the newborn infant shall 29 be limited to the efforts made in a timely manner to finalize a 30 permanency plan for the newborn infant. 31 Sec. 64. Section 237.3, subsection 7, Code 2025, is amended 32 to read as follows: 33 7. If an agency is accredited by the joint commission on 34 the accreditation of health care organizations under the joint 35 -32- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 32/ 33
commission’s consolidated standards for residential settings 1 or by the council on accreditation of services for families 2 and children , the department shall modify facility licensure 3 standards applied to the agency in order to avoid duplicating 4 standards applied through accreditation. > 5 ______________________________ WILZ of Wapello -33- HF 984.1668 (2) 91 (amending this HF 984 to CONFORM to SF 474) dg/ko 33/ 33