House File 2256 S-5120 Amend House File 2256, as passed by the House, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 232.68, subsection 2, paragraph a, 4 subparagraph (4), Code 2026, is amended by adding the following 5 new subparagraph division: 6 NEW SUBPARAGRAPH DIVISION . (d) If a child has a diagnosed 7 behavioral health condition and, despite reasonable attempts, 8 the child’s parent or legal guardian is unable to provide 9 necessary care for the child’s health and welfare solely 10 because the parent or legal guardian is unable to access 11 appropriate behavioral or mental health treatment for the 12 child, the department shall not consider the lack of provision 13 of appropriate behavioral or mental health treatment as child 14 abuse. This subparagraph division shall not be construed to 15 prohibit the department from assessing a child’s situation and 16 facilitating appropriate intervention the department deems is 17 in the best interests of the child. 18 Sec. 2. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— 19 INCORPORATION INTO POLICIES. The department of health and 20 human services shall adjust the department’s child abuse 21 assessment policies, including the department’s policy manuals, 22 to incorporate the provisions of section 232.68, subsection 2, 23 paragraph “a”, subparagraph (4), subparagraph division (d), as 24 enacted in this Act. > 25 2. Title page, by striking lines 1 through 3 and inserting 26 < An Act exempting a parent’s or legal guardian’s inability to 27 access appropriate behavioral or mental health treatment for 28 their child from the definition of child abuse. > 29 ______________________________ COMMITTEE ON HEALTH AND HUMAN SERVICES KARA WARME, CHAIRPERSON -1- HF 2256.3409 (4) 91 dg/ko 1/ 1 #1. #2.