Senate Amendment to House File 644 H-1269 Amend House File 644, as passed by the House, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 DELEGATION OF CUSTODIAL RIGHTS AND DUTIES —— CONTINGENT ON 5 NONENACTMENT OF LEGISLATION 6 Section 1. Section 232.2, subsection 12, paragraph c, Code 7 2025, is amended to read as follows: 8 c. (1) All rights and duties of a custodian shall be 9 subject to any residual rights and duties remaining in a parent 10 or guardian. 11 (2) Notwithstanding subparagraph (1), the department may 12 consent to emergency medical care and routine medical care for 13 a child that will allow the child to experience childhood and 14 participate in activities in a manner similar to the child’s 15 peers. “Routine medical care” includes but is not limited to 16 all of the following: 17 (a) Preventative care, also known as wellness care, not 18 including the administration of a vaccination. 19 (b) Nonemergency medical care including but not limited 20 to a physical examination, a diagnostic laboratory test, or a 21 medical visit for a minor illness. 22 (c) Use of necessary medication, including but not limited 23 to antibiotics. 24 (3) Notwithstanding subparagraph (1), the department 25 may consent to a child’s participation in an individualized 26 education program. 27 Sec. 2. Section 232.2, subsection 12, Code 2025, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . d. If a court order entered under this 30 chapter transfers legal custody of a child to the department, 31 the department shall have the authority to delegate the 32 department’s rights and duties as custodian of the child to a 33 licensee under chapter 237. 34 Sec. 3. Section 237.10, subsection 1, Code 2025, is amended 35 -1- HF 644.1679.S (1) 91 mb 1/ 3 #1.

by adding the following new paragraph: 1 NEW PARAGRAPH . d. (1) The department shall notify an 2 individual licensee, and the parents or guardians of a child, 3 if the department delegates the department’s right to consent 4 to emergency medical care and routine medical care on behalf of 5 the child under section 232.2, paragraph “c” , to the individual 6 licensee. 7 (2) The department shall notify the department of 8 education, an individual licensee, and the parents or guardians 9 of a child if the department delegates the department’s right 10 to consent to participation in an individualized education 11 program on behalf of the child under section 232.2, paragraph 12 “c” , to the individual licensee. 13 Sec. 4. CONTINGENT EFFECTIVE DATE. This division of this 14 Act takes effect unless division II of this Act takes effect. 15 DIVISION II 16 DELEGATION OF CUSTODIAL RIGHTS AND DUTIES —— CONTINGENT ON 17 ENACTMENT OF LEGISLATION 18 Sec. 5. Section 232.2, subsection 12, paragraph c, Code 19 2025, is amended to read as follows: 20 c. (1) All rights and duties of a custodian shall be 21 subject to any residual rights and duties remaining in a parent 22 or guardian. 23 (2) Notwithstanding subparagraph (1), the department may 24 consent to emergency medical care and routine medical care for 25 a child that will allow the child to experience childhood and 26 participate in activities in a manner similar to the child’s 27 peers. “Routine medical care” includes but is not limited to 28 all of the following: 29 (a) Preventative care, also known as wellness care, not 30 including the administration of a vaccination. 31 (b) Nonemergency medical care including but not limited 32 to a physical examination, a diagnostic laboratory test, or a 33 medical visit for a minor illness. 34 (c) Use of necessary medication, including but not limited 35 -2- HF 644.1679.S (1) 91 mb 2/ 3

to antibiotics. 1 (3) Notwithstanding subparagraph (1), the department 2 may consent to a child’s participation in an individualized 3 education program. 4 Sec. 6. Section 232.2, subsection 12, Code 2025, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . d. If a court order entered under this 7 chapter transfers legal custody of a child to the department, 8 the department shall have the authority to delegate the 9 department’s rights and duties as custodian of the child to an 10 individual licensee, or an approved kinship caregiver under 11 chapter 237. 12 Sec. 7. Section 237.10, subsection 1, Code 2025, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . d. (1) The department shall notify an 15 individual licensee or an approved kinship caregiver, and the 16 parents or guardians of a child, if the department delegates 17 the department’s right to consent to emergency medical care 18 and routine medical care on behalf of the child under section 19 232.2, paragraph “c” , to the individual licensee or approved 20 kinship caregiver. 21 (2) The department shall notify the department of 22 education, an individual licensee or an approved kinship 23 caregiver, and the parents or guardians of a child, if the 24 department delegates the department’s right to consent to 25 participation in an individualized education program on 26 behalf of the child under section 232.2, paragraph “c” , to the 27 individual licensee or approved kinship caregiver. 28 Sec. 8. CONTINGENT EFFECTIVE DATE. This division of this 29 Act takes effect July 1, 2025, only if 2025 Iowa Acts, Senate 30 File 582, or House File 757, or successor legislation to Senate 31 File 582 or House File 757, is enacted on or before July 1, 32 2025. > 33 -3- HF 644.1679.S (1) 91 mb 3/ 3