Senate
File
641
-
Enrolled
Senate
File
641
AN
ACT
RELATING
TO
MATTERS
UNDER
THE
PURVIEW
OF
THE
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES,
INCLUDING
ADMINISTRATIVE
SERVICES
ORGANIZATIONS,
CHILD
FOSTER
CARE,
CHILD
AND
DEPENDENT
ADULT
ABUSE,
INTERNAL
AUDIT
AND
EXAMINATION
INFORMATION,
AND
THE
REGION
INCENTIVE
FUND
IN
THE
MENTAL
HEALTH
AND
DISABILITY
SERVICES
REGIONAL
SERVICE
FUND,
HEALTH
MAINTENANCE
ORGANIZATION’S
PREMIUM
TAX,
AND
MAKING
APPROPRIATIONS
AND
INCLUDING
EFFECTIVE
DATE
AND
RETROACTIVE
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
ADMINISTRATIVE
SERVICES
ORGANIZATIONS
Section
1.
Section
97B.1A,
subsection
8,
paragraph
b,
Code
2025,
is
amended
by
adding
the
following
new
subparagraph:
NEW
SUBPARAGRAPH
.
(10)
Employees
of
an
administrative
services
organization
as
defined
in
section
225A.1.
Senate
File
641,
p.
2
Sec.
2.
Section
229.1,
Code
2025,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
2A.
“Behavioral
health
district”
means
the
same
as
defined
in
section
225A.1.
NEW
SUBSECTION
.
7A.
“Disability
access
point”
means
an
organization
designated
by
the
department
for
a
behavioral
health
district
to
serve
as
the
primary
local
access
point
for
individuals
with
disabilities,
and
the
individuals’
caregivers,
to
provide
person-centered
assistance
that
facilitates
the
coordination
of
the
individuals’
services,
simplifies
service
navigation,
and
improves
overall
accessibility
to
disability-related
resources.
Sec.
3.
Section
229.19,
subsection
1,
paragraph
a,
Code
2025,
is
amended
by
striking
the
paragraph
and
inserting
in
lieu
thereof
the
following:
a.
(1)
The
board
of
supervisors
of
each
county
shall
appoint
an
individual
to
act
as
an
advocate
representing
the
interests
of
patients
involuntarily
hospitalized
by
the
court
in
matters
relating
to
a
patient’s
hospitalization
or
treatment
under
section
229.14
or
229.15.
The
individual
shall
have
prior
experience
advocating
for
or
promoting
the
welfare
and
rehabilitation
of
persons
with
mental
illness.
(2)
A
person
appointed
under
this
section
shall
not
be
any
of
the
following:
(a)
An
officer
or
employee
of
the
department.
(b)
An
officer
or
employee
of
an
administrative
services
organization.
(c)
An
officer
or
employee
of
an
agency
or
facility
providing
care
or
treatment
to
persons
with
mental
illness.
(d)
An
officer
or
employee
of
a
disability
access
point.
DIVISION
II
CHILD
FOSTER
CARE
Sec.
4.
Section
232.69,
subsection
1,
paragraph
b,
subparagraph
(9),
Code
2025,
is
amended
to
read
as
follows:
(9)
An
employee
or
operator
of
a
child
foster
care
facility
licensed
or
approved
under
chapter
237
.
Sec.
5.
Section
232.78,
subsection
8,
paragraph
a,
subparagraph
(4),
Code
2025,
is
amended
to
read
as
follows:
(4)
An
individual
licensed
to
provide
foster
care
pursuant
Senate
File
641,
p.
3
to
licensee
or
an
approved
kinship
caregiver
under
chapter
237.
If
the
child
is
placed
with
a
licensed
foster
care
provider
an
individual
licensee
or
an
approved
kinship
caregiver
,
the
department
shall
assign
decision-making
authority
to
the
foster
care
provider
individual
licensee
or
the
approved
kinship
caregiver
for
the
purpose
of
applying
the
reasonable
and
prudent
parent
standard
during
the
child’s
placement.
Sec.
6.
Section
232.95,
subsection
2,
paragraph
c,
subparagraph
(4),
Code
2025,
is
amended
to
read
as
follows:
(4)
An
individual
licensed
to
provide
foster
care
pursuant
to
licensee
or
an
approved
kinship
caregiver
under
chapter
237.
If
the
child
is
placed
with
a
licensed
foster
care
provider
an
individual
licensee
or
an
approved
kinship
caregiver
,
the
department
shall
assign
decision-making
authority
to
the
foster
care
provider
individual
licensee
or
approved
kinship
caregiver
for
the
purpose
of
applying
the
reasonable
and
prudent
parent
standard
during
the
child’s
placement.
Sec.
7.
Section
232.102,
subsection
1,
paragraph
a,
subparagraph
(4),
Code
2025,
is
amended
to
read
as
follows:
(4)
An
individual
licensed
to
provide
foster
care
pursuant
to
licensee
or
an
approved
kinship
caregiver
under
chapter
237.
If
the
child
is
placed
with
a
licensed
foster
care
provider
an
individual
licensee
or
an
approved
kinship
caregiver
,
the
department
shall
assign
decision-making
authority
to
the
foster
care
provider
individual
licensee
or
approved
kinship
caregiver
for
the
purpose
of
applying
the
reasonable
and
prudent
parent
standard
during
the
child’s
placement.
Sec.
8.
Section
234.1,
subsection
1,
paragraph
a,
subparagraphs
(1)
and
(2),
Code
2025,
are
amended
to
read
as
follows:
(1)
After
reaching
eighteen
years
of
age,
the
person
has
remained
continuously
and
voluntarily
under
the
care
of
an
individual
,
as
defined
in
section
237.1
,
licensed
to
provide
foster
care
pursuant
to
licensee
or
approved
kinship
caregiver
under
chapter
237
,
or
in
a
supervised
apartment
living
arrangement,
in
this
state.
(2)
The
person
aged
out
of
foster
care
after
reaching
eighteen
years
of
age
and
subsequently
voluntarily
applied
for
placement
with
an
individual
,
as
defined
in
section
Senate
File
641,
p.
4
237.1
,
licensed
to
provide
foster
care
pursuant
to
licensee
or
approved
kinship
caregiver
under
chapter
237
,
or
for
placement
in
a
supervised
apartment
living
arrangement,
in
this
state.
Sec.
9.
Section
234.7,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
1.
The
department
shall
comply
with
the
provision
associated
with
child
foster
care
licensees
provisions
under
chapter
237
that
requires
that
a
child’s
foster
parent
require
an
individual
licensee
or
an
approved
kinship
caregiver
to
be
included
in,
and
be
provided
timely
notice
of,
planning
and
review
activities
associated
with
the
child,
including
but
not
limited
to
permanency
planning
and
placement
review
meetings,
which
shall
include
discussion
of
the
child’s
rehabilitative
treatment
needs.
Sec.
10.
Section
234.39,
subsection
2,
paragraph
b,
Code
2025,
is
amended
to
read
as
follows:
b.
This
subsection
An
assignment
of
support
under
paragraph
“a”
shall
not
apply
when
a
child
is
placed
with
a
relative
or
fictive
kin
as
those
terms
are
defined
in
section
232.2,
who
unless
the
relative
or
fictive
kin
is
not
licensed
an
individual
licensee
or
an
approved
kinship
caregiver
under
chapter
237
to
provide
child
foster
care
.
Sec.
11.
Section
235A.15,
subsection
2,
paragraph
c,
subparagraph
(2),
Code
2025,
is
amended
to
read
as
follows:
(2)
To
an
administrator
of
a
child
foster
care
facility
licensed
under
chapter
237
as
defined
in
section
237.1
if
the
data
concerns
a
person
employed
or
being
considered
for
employment
by
the
facility.
Sec.
12.
Section
237.1,
Code
2025,
is
amended
to
read
as
follows:
237.1
Definitions.
As
used
in
this
chapter
:
1.
“Agency”
means
a
person
which
provides
child
foster
care
and
which
that
does
not
meet
the
definition
of
an
individual
as
defined
under
this
section
or
a
kinship
caregiver
.
2.
“Agency
licensee”
means
an
agency
issued
a
license
under
this
chapter.
3.
“Approval”
means
the
authorization
granted
to
a
kinship
caregiver
by
the
department
through
an
expedited
process
under
Senate
File
641,
p.
5
this
chapter
to
provide
child
foster
care,
and
allows
the
kinship
caregiver
to
receive
maximum
financial
support
and
to
obtain
the
information
and
resources
necessary
to
meet
the
needs
of
a
child
under
a
court-ordered
placement
with
the
kinship
caregiver.
4.
“Approved
kinship
caregiver”
means
a
kinship
caregiver
granted
approval
under
this
chapter.
5.
“Child”
means
child
the
same
as
defined
in
section
234.1
.
3.
6.
“Child
foster
care”
means
the
provision
of
parental
nurturing,
including
but
not
limited
to
the
furnishing
of
food,
lodging,
training,
education,
supervision,
treatment,
or
other
care,
to
a
child
on
a
full-time
basis
by
a
person,
including
a
relative
or
fictive
kin
of
the
child
if
the
relative
or
fictive
kin
is
licensed
under
this
chapter
an
individual
licensee
or
an
approved
kinship
caregiver
,
but
not
including
a
guardian
of
the
child.
“Child
foster
care”
does
not
include
any
of
the
following
care
situations:
a.
Care
furnished
by
an
individual
person
who
receives
the
child
of
a
personal
friend
as
an
occasional
and
personal
guest
in
the
individual
person’s
individual’s
home,
free
of
charge
and
not
as
a
business.
b.
Care
furnished
by
an
individual
person
with
whom
a
child
has
been
placed
for
lawful
adoption,
unless
that
adoption
is
not
completed
within
two
years
after
placement.
c.
Care
furnished
by
a
private
boarding
school
subject
to
approval
by
the
state
board
of
education
pursuant
to
section
256.11
.
d.
Child
care
furnished
by
a
child
care
center,
a
child
development
home,
or
a
child
care
home
as
those
terms
are
defined
in
section
237A.1
.
e.
Care
furnished
in
a
hospital
licensed
under
chapter
135B
or
care
furnished
in
a
nursing
facility
licensed
under
chapter
135C
.
f.
Care
furnished
by
a
relative
or
fictive
kin
of
a
child
or
an
individual
person
with
a
meaningful
relationship
with
the
child
where
when
the
child
is
not
under
the
placement,
care,
or
supervision
of
the
department.
4.
7.
“Department”
means
the
department
of
health
and
human
services.
Senate
File
641,
p.
6
5.
8.
“Director”
means
the
director
of
health
and
human
services.
6.
9.
“Facility”
means
the
personnel,
program,
physical
plant,
and
equipment
of
a
licensee
or
approved
kinship
caregiver.
“Facility”
includes
a
foster
family
home
.
7.
10.
“Fictive
kin”
means
the
same
as
defined
in
section
232.2.
11.
“Foster
family
home”
means
a
single-family
home
environment
in
which
child
foster
care
is
provided.
12.
“Individual”
means
an
individual
a
natural
person
or
a
married
couple
who
provides
child
foster
care
in
a
single-family
home
environment
and
which
does
not
meet
the
definition
of
an
agency
under
this
section
.
8.
13.
“Individual
licensee”
means
an
individual,
including
an
individual
who
is
a
relative
or
fictive
kin,
issued
a
license
under
this
chapter.
14.
“Kinship
caregiver”
means
a
relative
or
fictive
kin
of
a
child.
15.
“License”
means
the
authorization
issued
to
an
individual
or
an
agency
by
the
department
under
this
chapter
to
provide
child
foster
care.
16.
“Licensee”
means
an
individual
or
an
agency
licensed
under
this
chapter
.
9.
17.
“Reasonable
and
prudent
parent
standard”
means
the
standard
characterized
by
careful
and
sensible
parenting
decisions
that
maintain
the
health,
safety,
and
best
interests
of
a
child,
while
at
the
same
time
encouraging
the
emotional
and
developmental
growth
of
a
child,
that
a
caregiver
caretaker
shall
use
when
determining
whether
to
allow
a
child
in
child
foster
care
under
the
placement,
care,
or
supervision
of
the
department
to
participate
in
extracurricular,
enrichment,
cultural,
or
social
activities.
For
the
purposes
of
this
subsection
,
“caregiver”
“caretaker”
means
an
individual
or
an
agency
licensed
under
this
chapter
a
licensee
with
which
a
child
in
child
foster
care
has
been
placed
,
an
approved
kinship
caregiver
with
whom
a
child
in
child
foster
care
has
been
placed,
or
a
juvenile
shelter
care
home
approved
under
chapter
232
in
which
a
child
in
child
foster
care
has
been
placed.
18.
“Relative”
means
an
individual
related
to
a
child
within
Senate
File
641,
p.
7
the
fourth
degree
of
consanguinity
or
affinity
by
marriage
or
through
adoption.
Sec.
13.
Section
237.2,
Code
2025,
is
amended
to
read
as
follows:
237.2
Purpose.
It
is
the
policy
of
this
state
to
provide
appropriate
protection
for
children
who
are
separated
from
the
direct
personal
care
of
their
parents,
relatives,
fictive
kin,
or
guardians
and,
as
a
result,
are
subject
to
difficulty
in
achieving
appropriate
physical,
mental,
emotional,
educational,
or
social
development.
This
chapter
shall
be
construed
and
administered
to
further
that
policy
by
assuring
that
child
foster
care
is
adequately
provided
by
competently
staffed
and
well-equipped
child
foster
care
facilities,
including
but
not
limited
to
residential
treatment
centers,
group
homes,
and
foster
family
homes.
Sec.
14.
Section
237.3,
Code
2025,
is
amended
to
read
as
follows:
237.3
Rules.
1.
Except
as
otherwise
provided
by
subsections
3
and
4
,
the
department
shall
adopt
and
enforce
in
accordance
with
chapter
17A
,
administrative
rules
necessary
to
implement
this
chapter
.
Formulation
of
the
rules
shall
include
consultation
with
representatives
of
child
foster
care
providers
and
other
persons
affected
by
this
chapter
.
The
rules
shall
encourage
the
provision
of
child
foster
care
in
a
single-family,
home
environment,
exempting
the
single-family,
home
facility
foster
family
homes,
and
shall
exempt
foster
family
homes
from
inappropriate
rules.
2.
Rules
applicable
relating
to
individual
licensees
and
agency
licensees,
as
applicable,
shall
include
but
are
not
limited
to
all
of
the
following
:
a.
Types
of
facilities
which
include
but
are
not
limited
to
group
foster
care
facilities
and
foster
family
foster
care
homes.
b.
The
number,
qualifications,
character,
and
parenting
ability
of
personnel
necessary
to
assure
the
health,
safety
and
welfare
of
children
receiving
child
foster
care.
c.
Programs
for
education
and
in-service
training
of
Senate
File
641,
p.
8
personnel.
d.
The
physical
environment
of
a
facility.
e.
Policies
for
intake,
assessment,
admission
and
discharge.
f.
Housing,
health,
safety,
and
medical
care
policies
for
children
receiving
child
foster
care.
The
medical
care
policies
shall
include
but
are
not
limited
to
all
of
the
following:
(1)
Provision
by
the
department
to
the
foster
care
provider
at
or
before
the
time
of
a
child’s
placement
of
the
a
child’s
health
records
,
and
any
other
information
possessed
or
known
about
the
health
of
the
child
or
about
a
member
of
the
child’s
family
that
pertains
to
the
child’s
health
,
from
the
department
to
a
licensee
or
an
approved
kinship
caregiver
at
or
before
the
time
of
a
child’s
placement
with
the
licensee
or
approved
kinship
caregiver
.
(2)
If
the
health
records
supplied
to
the
licensee
or
approved
kinship
caregiver
in
accordance
with
the
child’s
case
permanency
plan
to
the
foster
care
provider
are
incomplete
,
or
the
provider
licensee
or
approved
kinship
caregiver
requests
specific
health
information,
provision
procedures
for
obtaining
additional
health
information
from
the
child’s
parent
,
or
other
source
,
and
supplying
providing
the
additional
information
to
the
foster
care
provider
licensee
or
approved
kinship
caregiver
.
(3)
Provision
for
emergency
health
coverage
of
the
child
while
the
child
is
engaged
in
temporary
,
out-of-state
travel
with
the
child’s
foster
family
individual
licensee
or
approved
kinship
caregiver
.
g.
(1)
The
adequacy
of
programs
available
to
children
receiving
child
foster
care
provided
by
agencies,
including
but
not
limited
to:
(a)
Dietary
services.
(b)
Social
services.
(c)
Activity
programs.
(d)
Behavior
management
procedures.
(e)
Educational
programs,
including
,
where
appropriate,
special
education
as
defined
in
section
256B.2,
subsection
1,
paragraph
“b”
,
where
appropriate,
which
are
approved
by
the
state
board
of
education.
Senate
File
641,
p.
9
(2)
The
department
shall
not
promulgate
adopt
rules
which
that
regulate
individual
licensees
or
approved
kinship
caregivers
in
the
subject
areas
enumerated
in
this
paragraph
“g”
.
h.
Policies
for
involvement
of
biological
parents.
i.
Records
a
licensee
or
approved
kinship
caregiver
is
required
to
keep,
and
reports
a
licensee
or
approved
kinship
caregiver
is
required
to
make
to
the
department.
j.
Prior
to
the
licensing
of
an
individual
as
a
foster
family
home
,
completion
of
a
required,
written
social
assessment
of
the
quality
of
the
living
situation
in
the
home
of
the
individual
an
individual’s
prospective
foster
family
home
,
and
completion
of
a
required
compilation
of
personal
references
for
the
individual
,
other
than
those
references
given
provided
by
the
individual.
k.
Elements
of
a
foster
care
placement
agreement
outlining
rights
and
responsibilities
associated
with
an
individual
or
kinship
caregiver
providing
family
child
foster
care.
The
rights
and
responsibilities
shall
include
but
are
not
limited
to
all
of
the
following:
(1)
Receiving
information
prior
to
the
child’s
placement
regarding
risk
factors
concerning
the
child
that
are
known
to
the
department,
including
but
not
limited
to
notice
if
the
child
is
required
to
register
under
chapter
692A
.
(2)
Having
regularly
scheduled
meetings
with
each
case
manager
assigned
to
the
child.
(3)
Receiving
access
to
any
reports
prepared
by
a
service
provider
who
is
working
with
the
child
unless
the
access
is
prohibited
by
state
or
federal
law.
3.
Rules
governing
fire
safety
in
facilities
with
a
facility
in
which
child
foster
care
is
provided
by
agencies
an
agency
shall
be
promulgated
adopted
by
the
director
of
the
department
of
inspections,
appeals,
and
licensing
pursuant
to
section
10A.511
,
after
consultation
with
the
director.
4.
Rules
governing
sanitation,
water,
and
waste
disposal
standards
for
facilities
shall
be
promulgated
adopted
by
the
department
pursuant
to
section
135.11
,
after
consultation
with
the
director
.
5.
In
case
of
a
conflict
between
rules
promulgated
adopted
Senate
File
641,
p.
10
pursuant
to
subsections
3
and
4
and
local
rules
ordinances
,
the
more
stringent
requirement
applies
shall
apply
.
6.
Rules
of
adopted
by
the
department
shall
not
prohibit
the
licensing
,
as
foster
family
homes,
of
individuals
who
are
a
departmental
employees
employee
not
directly
engaged
in
the
administration
of
the
child
foster
care
program
pursuant
to
this
chapter
,
as
an
individual
licensee
.
7.
If
an
agency
is
accredited
by
the
joint
commission
on
the
accreditation
of
health
care
organizations
under
the
joint
commission’s
consolidated
standards
for
residential
settings
,
or
by
the
council
on
accreditation
of
services
for
families
and
children
,
the
department
shall
modify
the
facility
licensure
standards
applied
to
the
agency
in
order
to
avoid
duplicating
duplication
of
standards
applied
through
accreditation.
8.
The
department,
in
consultation
with
the
judicial
branch,
residential
treatment
providers,
the
foster
care
provider
association,
and
other
parties
which
may
be
affected,
shall
review
the
licensing
rules
pertaining
to
licensing
of
residential
treatment
facilities,
and
examine
whether
determine
if
the
rules
allow
the
residential
treatment
facilities
to
accept
and
provide
effective
treatment
to
juveniles
with
serious
problems
who
might
not
otherwise
be
placed
in
those
residential
treatment
facilities.
9.
The
department
shall
adopt
rules
specifying
that
specify
the
elements
of
a
preadoptive
care
agreement
outlining
the
rights
and
responsibilities
associated
with
a
person
providing
preadoptive
care,
as
defined
in
section
232.2
.
10.
The
department
shall
adopt
rules
to
administer
the
exception
to
the
definition
of
child
care
in
section
237A.1,
subsection
2
,
paragraph
“l”
,
allowing
allow
a
child
care
facility
,
for
purposes
of
providing
to
provide
respite
care
to
in
a
foster
family
home
,
to
provide
care,
supervision,
or
guidance
of
a
child
for
a
period
of
twenty-four
hours
or
more
to
a
child
who
is
placed
with
the
licensed
foster
family
home
an
individual
licensee,
as
provided
in
section
237A.1,
subsection
2,
paragraph
“l”
.
11.
The
department
shall
adopt
rules
to
require
the
department
or
a
representative
of
the
department
to
visit
a
child
placed
with
an
individual
licensee
or
approved
kinship
Senate
File
641,
p.
11
caregiver
within
two
weeks
of
the
child
being
placed
with
the
individual
licensee
or
approved
kinship
caregiver,
and
at
least
once
each
calendar
month
thereafter.
12.
The
department
shall
adopt
rules
that
would
allow
each
individual
licensees
licensee
and
each
approved
kinship
caregiver
to
apply
the
reasonable
and
prudent
parent
standard
to
create
opportunities
for
a
child
to
participate
in
age
or
developmentally
appropriate
activities.
Sec.
15.
Section
237.4,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
An
individual
or
an
agency
,
as
defined
in
section
237.1
,
shall
not
provide
child
foster
care
unless
the
individual
or
agency
obtains
a
license
issued
under
this
chapter
is
a
licensee
.
However,
a
license
under
this
chapter
is
not
required
of
the
following:
Sec.
16.
Section
237.4,
subsection
8,
Code
2025,
is
amended
to
read
as
follows:
8.
An
individual
providing
child
care
as
a
babysitter
at
the
request
of
a
parent,
guardian
,
fictive
kin,
or
relative
having
lawful
custody
of
the
child.
Sec.
17.
Section
237.5A,
Code
2025,
is
amended
to
read
as
follows:
237.5A
Foster
parent
training.
1.
As
a
condition
for
initial
licensure,
each
individual
licensee
shall
complete
thirty
hours
of
foster
parent
training
offered
or
approved
by
the
department.
However,
if
the
individual
licensee
has
completed
relevant
training
or
has
a
combination
of
completed
relevant
training
and
experience,
and
the
department
deems
such
training
or
combination
to
be
an
acceptable
equivalent
to
all
or
a
portion
of
the
initial
licensure
training
requirement,
or
based
upon
the
circumstances
of
the
child
and
the
individual
licensee
the
department
finds
there
is
other
good
cause,
the
department
may
waive
all
or
a
portion
of
the
training
requirement.
Prior
to
renewal
of
licensure,
each
individual
licensee
shall
also
annually
complete
six
hours
of
foster
parent
training.
The
training
shall
include
but
is
not
limited
to
physical
care,
education,
learning
disabilities,
referral
to
and
receipt
of
necessary
professional
services,
behavioral
assessment
and
modification,
Senate
File
641,
p.
12
self-assessment,
self-living
skills,
and
biological
parent
contact.
An
individual
licensee
may
complete
the
training
as
part
of
an
approved
training
program
offered
by
a
public
or
private
agency
with
expertise
in
the
provision
of
child
foster
care
or
in
related
subject
areas.
The
department
shall
adopt
rules
to
implement
and
enforce
this
training
requirement.
2.
A
An
individual
licensee
who
is
unable
to
complete
six
hours
of
foster
parent
training
annually
prior
to
licensure
renewal
because
the
individual
licensee
is
engaged
in
active
duty
in
the
military
service
shall
be
considered
to
be
in
compliance
with
the
training
requirement
for
licensure
renewal.
3.
The
department
or
the
department’s
agent
shall
notify
an
individual
licensee
within
a
reasonable
amount
of
time
of
any
training
the
department
believes
would
benefit
the
individual
licensee
in
the
provision
of
child
foster
care.
Sec.
18.
NEW
SECTION
.
237.5B
Approved
kinship
caregiver.
1.
A
kinship
caregiver
shall
not
provide
child
foster
care
unless
the
kinship
caregiver
has
been
granted
approval
under
this
section.
2.
A
kinship
caregiver
shall
apply
for
approval
by
submitting
a
completed
application
to
the
department
on
a
form
furnished
by
the
department.
3.
The
department,
after
notice
and
opportunity
for
an
evidentiary
hearing,
may
deny
an
application
for
approval
or
continued
approval
if
the
applicant
or
approved
kinship
caregiver
violates
this
chapter
or
rules
adopted
pursuant
to
this
chapter.
Sec.
19.
Section
237.6,
Code
2025,
is
amended
to
read
as
follows:
237.6
Restricted
use
of
facility.
1.
A
licensee
or
approved
kinship
caregiver
shall
not
furnish
child
foster
care
in
a
building
or
on
premises
not
designated
in
the
licensee’s
license
or
the
kinship
caregiver’s
approval
.
2.
A
licensee
shall
not
furnish
child
foster
care
to
a
greater
number
of
children
than
is
designated
in
the
licensee’s
license,
unless
authorized
by
the
department.
Multiple
3.
The
department
may
issue
multiple
licenses
authorizing
separate
and
distinct
parts
of
a
an
agency
licensee’s
facility
Senate
File
641,
p.
13
to
provide
different
categories
of
child
foster
care
may
be
issued
.
Sec.
20.
Section
237.8,
Code
2025,
is
amended
to
read
as
follows:
237.8
Personnel.
1.
A
person
shall
not
be
allowed
to
provide
services
in
a
an
agency
licensee’s
facility
if
the
person
has
a
disease
which
is
transmissible
to
other
persons
through
required
contact
in
the
workplace,
which
presents
a
significant
risk
of
infecting
other
persons,
which
presents
a
substantial
possibility
of
harming
other
persons,
or
for
which
no
reasonable
accommodation
can
eliminate
the
risk
of
infecting
other
persons.
2.
a.
(1)
If
a
person
is
being
considered
for
licensure
or
approval
under
this
chapter
,
or
if
a
person
is
being
considered
for
employment
involving
by
an
agency
licensee
and
the
employment
involves
direct
responsibility
for
a
child
or
,
is
in
a
facility
where
children
reside,
by
a
licensee
under
this
chapter
,
or
if
a
requires
the
person
will
to
reside
in
a
facility
utilized
by
a
an
agency
licensee,
and
if
the
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
child
abuse,
the
record
check
evaluation
system
of
the
department
,
and
the
agency
licensee
for
an
a
prospective
employee
of
the
agency
licensee
,
shall
perform
an
evaluation
to
determine
whether
the
crime
or
founded
child
abuse
warrants
prohibition
of
licensure,
approval,
employment,
or
residence
in
the
facility.
The
record
check
evaluation
system
shall
conduct
criminal
and
child
abuse
record
checks
in
this
state
and
may
conduct
these
checks
in
other
states.
The
evaluation
shall
be
performed
in
accordance
with
procedures
adopted
for
this
purpose
by
the
department.
(2)
If
the
criminal
and
child
abuse
record
checks
conducted
in
this
state
under
subparagraph
(1)
for
an
individual
a
person
being
considered
for
licensure
as
an
agency
licensee
under
this
chapter
,
or
for
employment
involving
by
an
agency
licensee
and
the
employment
involves
direct
responsibility
for
a
child
or
,
is
in
a
facility
where
children
reside,
by
a
licensee
under
this
chapter
,
or
for
an
individual
who
will
requires
the
person
to
reside
in
a
facility
utilized
by
a
an
agency
licensee,
have
been
completed
and
the
individual
person
either
does
not
have
Senate
File
641,
p.
14
a
record
of
crime
or
founded
child
abuse
or
the
record
check
evaluation
system’s
evaluation
of
the
record
has
determined
that
prohibition
of
the
individual’s
licensure
or
employment
is
not
warranted,
the
individual
person
may
be
provisionally
approved
for
licensure
or
employment
licensed
or
employed
pending
the
outcome
of
the
fingerprint-based
criminal
history
check
conducted
pursuant
to
subparagraph
(4).
(3)
An
individual
A
person
being
considered
for
licensure
as
an
agency
licensee
under
this
chapter
,
or
a
person
being
considered
for
employment
involving
by
an
agency
licensee
if
the
employment
involves
direct
responsibility
for
a
child
or
,
is
in
a
facility
where
children
reside,
by
a
licensee
under
this
chapter
,
or
for
an
individual
who
will
requires
the
person
to
reside
in
a
facility
utilized
by
a
an
agency
licensee,
shall
not
be
granted
a
license
or
be
employed
and
an
evaluation
shall
not
be
performed
under
this
subsection
,
if
the
individual
person
has
been
convicted
of
any
of
the
following
felony
offenses:
(a)
Within
the
five-year
period
preceding
the
application
date,
a
drug-related
offense.
(b)
Child
endangerment
or
neglect
or
abandonment
of
a
dependent
person.
(c)
Domestic
abuse.
(d)
A
crime
against
a
child,
including
but
not
limited
to
sexual
exploitation
of
a
minor.
(e)
A
forcible
felony.
(4)
If
an
individual
a
person
is
being
considered
for
licensure
or
approval
under
this
chapter
,
or
if
a
person
is
being
considered
for
employment
involving
by
an
agency
licensee
and
the
employment
involves
direct
responsibility
for
a
child
or
,
is
in
a
facility
where
children
reside,
by
a
licensee
under
this
chapter
,
or
if
an
individual
will
requires
the
person
to
reside
in
a
facility
utilized
by
a
an
agency
licensee,
or
if
an
individual
is
subject
to
licensure
under
this
chapter
as
a
foster
parent,
in
addition
to
the
record
checks
conducted
under
subparagraph
(1),
the
individual’s
person’s
fingerprints
shall
be
provided
to
the
department
of
public
safety
for
submission
through
the
state
criminal
history
repository
to
the
United
States
department
of
justice,
federal
bureau
of
Senate
File
641,
p.
15
investigation
for
a
national
criminal
history
check.
The
cost
of
the
criminal
history
check
conducted
under
this
subparagraph
is
shall
be
the
responsibility
of
the
department.
(5)
If
the
criminal
and
child
abuse
record
checks
conducted
in
this
state
under
subparagraph
(1)
for
an
individual
a
person
being
considered
for
licensure
as
a
foster
parent
an
individual
licensee
or
for
approval
as
an
approved
kinship
caregiver
have
been
completed
and
the
individual
person
either
does
not
have
a
record
of
crime
or
founded
abuse
,
or
the
record
check
evaluation
system’s
evaluation
of
the
record
has
determined
that
prohibition
of
the
individual’s
person’s
licensure
or
approval
is
not
warranted,
the
individual
person
may
be
provisionally
approved
for
licensure
licensed
or
approved
pending
the
outcome
of
the
fingerprint-based
criminal
history
check
conducted
pursuant
to
subparagraph
(4).
(6)
An
applicant
for
a
license
as
an
individual
applying
to
be
a
foster
parent
licensee
or
for
approval
as
an
approved
kinship
caregiver
shall
not
be
granted
a
license
or
approval,
and
an
evaluation
shall
not
be
performed
under
this
subsection
,
if
the
individual
applicant
has
been
convicted
of
any
of
the
following
felony
offenses:
(a)
Within
the
five-year
period
preceding
the
application
date,
a
drug-related
offense.
(b)
Child
endangerment
or
neglect
or
abandonment
of
a
dependent
person.
(c)
Domestic
abuse.
(d)
A
crime
against
a
child,
including
but
not
limited
to
sexual
exploitation
of
a
minor.
(e)
A
forcible
felony.
b.
Except
as
otherwise
provided
in
paragraph
“a”
,
if
the
record
check
evaluation
system
determines
that
a
person
has
committed
a
crime
or
has
a
record
of
founded
child
abuse
and
is
licensed,
approved,
employed
by
a
an
agency
licensee,
or
resides
in
a
licensed
facility
,
the
record
check
evaluation
system
shall
notify
the
licensee
or
approved
kinship
caregiver
that
an
evaluation
will
be
conducted
to
determine
whether
prohibition
of
the
person’s
licensure,
approval,
employment,
or
residence
is
warranted.
c.
In
an
evaluation,
the
record
check
evaluation
system
,
and
Senate
File
641,
p.
16
the
agency
licensee
for
an
employee
or
prospective
employee
of
the
agency
licensee
shall
consider
the
nature
and
seriousness
of
the
crime
or
founded
child
abuse
in
relation
to
the
position
sought
or
held,
the
time
elapsed
since
the
commission
of
the
crime
or
founded
child
abuse,
the
circumstances
under
which
the
crime
or
founded
child
abuse
was
committed,
the
degree
of
rehabilitation,
the
likelihood
that
the
person
will
commit
the
crime
or
founded
child
abuse
again,
and
the
number
of
crimes
or
founded
child
abuses
committed
by
the
person
involved.
The
record
check
evaluation
system
may
permit
a
person
who
is
evaluated
to
be
licensed,
approved,
employed,
or
to
reside
in
a
facility
,
or
to
continue
to
be
licensed,
approved,
employed,
or
to
reside
in
a
licensed
facility,
if
the
person
complies
with
the
record
check
evaluation
system’s
conditions
relating
to
the
person’s
licensure,
approval,
employment,
or
residence,
which
may
include
completion
of
additional
training.
For
an
employee
or
prospective
employee
of
a
an
agency
licensee,
these
conditional
requirements
shall
be
developed
with
the
agency
licensee.
The
record
check
evaluation
system
has
shall
have
final
authority
in
determining
whether
prohibition
of
the
person’s
licensure,
approval,
employment,
or
residence
is
warranted
and
in
developing
any
conditional
requirements
under
this
paragraph.
d.
If
the
record
check
evaluation
system
determines
that
the
person
has
committed
a
crime
or
has
a
record
of
founded
child
abuse
which
that
warrants
prohibition
of
licensure,
approval,
employment,
or
residence,
the
person
shall
not
be
licensed
or
approved
under
this
chapter
and
shall
not
be
employed
by
a
an
agency
licensee
or
reside
in
a
licensed
facility.
3.
In
addition
to
the
record
checks
required
under
subsection
2
,
the
record
check
evaluation
system
may
conduct
dependent
adult
abuse
record
checks
in
this
state
and
may
conduct
these
checks
in
other
states
,
on
a
random
basis.
The
provisions
of
subsection
2
,
relative
to
an
evaluation
following
a
determination
that
a
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
child
abuse,
shall
also
apply
to
a
random
check
conducted
under
this
subsection
.
4.
A
An
agency
licensee
shall
inform
all
new
applicants
for
employment
of
the
possibility
of
the
performance
of
a
Senate
File
641,
p.
17
record
check
and
shall
obtain,
from
the
applicant,
a
signed
acknowledgment
of
the
receipt
of
the
information.
5.
A
An
agency
licensee
shall
include
the
following
inquiry
in
an
application
for
employment:
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
,
or
have
you
ever
been
convicted
of
a
crime,
in
this
state
or
any
other
state?
Sec.
21.
Section
237.9,
Code
2025,
is
amended
to
read
as
follows:
237.9
Confidential
information.
A
person
who
receives
information
from
or
through
the
department
concerning
a
child
who
has
received
or
is
receiving
child
foster
care,
a
relative
or
guardian
of
the
child,
a
single-family,
home
licensee,
or
an
individual
employee
of
a
licensee,
shall
not
disclose
that
information
directly
or
indirectly,
except
as
authorized
by
section
217.30
,
or
as
authorized
or
required
by
section
232.69
.
if
the
information
concerns
any
of
the
following:
1.
A
child
who
has
received
or
is
receiving
child
foster
care.
2.
A
relative,
fictive
kin,
or
guardian
of
a
child
who
has
received
or
is
receiving
child
foster
care.
3.
An
individual
licensee.
4.
An
employee
of
a
licensee.
5.
An
approved
kinship
caregiver.
Sec.
22.
Section
237.10,
Code
2025,
is
amended
to
read
as
follows:
237.10
Child
foster
care
providers
Individual
licensees
and
approved
kinship
caregivers
.
1.
a.
The
department
shall
notify
an
individual
licensee
or
approved
kinship
caregiver
of
any
appropriate
meetings
relating
to
the
case
permanency
plan
of
a
child
in
the
care
of
the
individual
licensee
or
approved
kinship
caregiver
.
b.
The
department
shall
notify
an
individual
licensee
or
approved
kinship
caregiver
of
any
meetings
known
to
the
department
relating
to
the
individualized
education
program
of
a
child
in
the
care
of
the
individual
licensee
or
approved
kinship
caregiver
.
c.
The
department
shall
notify
an
individual
licensee
or
Senate
File
641,
p.
18
approved
kinship
caregiver
of
any
medical
appointments
required
or
scheduled
in
consultation
with
the
department
relating
to
a
child
in
the
care
of
the
individual
licensee
or
approved
kinship
caregiver
.
2.
The
department
or
the
department’s
agent
may
share
otherwise
confidential
information
about
a
child
with
an
individual
licensee
or
approved
kinship
caregiver
being
considered
as
a
possible
placement
for
the
child
to
the
extent
such
disclosure
is
relevant
to
the
placement
decision
and
the
proper
care
of
the
child.
The
department
or
the
department’s
agent
may
facilitate
sharing
the
contact
information
of
previous
individual
licensees
and
approved
kinship
caregivers
for
a
child
with
the
next
individual
licensee
or
approved
kinship
caregiver
in
an
effort
to
support
the
continuity
of
care
for
a
child.
3.
Upon
placement
of
a
child
with
an
individual
licensee
or
approved
kinship
caregiver
,
the
department
shall
provide
the
individual
licensee
or
approved
kinship
caregiver
with
information
that
would
allow
the
individual
licensee
or
approved
kinship
caregiver
to
contact
the
department
or
an
agent
of
the
department
for
assistance
relating
to
child
foster
care.
4.
Prior
to
disclosing
an
individual
licensee’s
or
approved
kinship
caregiver’s
private
address,
work
address,
or
contact
information,
the
department
shall
evaluate
possible
safety
concerns
to
determine
whether
such
information
may
be
released
without
posing
a
risk
to
the
safety
of
the
individual
licensee,
the
approved
kinship
caregiver,
the
child,
or
any
other
person.
5.
The
department
shall
notify
an
individual
licensee
or
approved
kinship
caregiver
within
a
reasonable
amount
of
time
of
any
change
in
a
law
or
regulation
rule
that
would
have
a
substantive
impact
on
the
individual
licensee’s
or
approved
kinship
caregiver’s
obligations
and
responsibilities
relating
to
child
foster
care.
6.
a.
The
department
shall
provide
written
notice
to
an
individual
licensee
,
or
an
approved
kinship
caregiver,
a
minimum
of
ten
days
prior
to
the
removal
of
a
child
from
the
care
of
the
individual
licensee
or
approved
kinship
caregiver
.
Such
notice
shall
include
the
reasons
for
the
child’s
removal.
Senate
File
641,
p.
19
b.
This
subsection
shall
not
apply
if
the
health
or
safety
of
the
child
or
another
person
is
threatened
by
the
child’s
presence
in
the
child’s
current
placement
home
,
if
the
court
orders
the
removal
of
a
child
from
the
individual
licensee
or
the
approved
kinship
caregiver
,
if
the
child
is
absent
from
the
home
placement
without
authorization,
if
the
child
is
being
moved
to
the
home
of
a
biological
parent
or
legal
guardian,
or
if
the
individual
licensee
or
approved
kinship
caregiver
is
alleged
to
have
committed
child
abuse
or
neglect.
7.
a.
An
individual
licensee
or
approved
kinship
caregiver
shall
provide
written
notice
to
the
department
a
minimum
of
ten
days
prior
to
a
request
to
remove
a
child
from
the
individual
licensee’s
care
or
the
approved
kinship
caregiver’s
care
.
b.
This
subsection
shall
not
apply
to
a
situation
where
the
health
or
safety
of
the
child
or
another
person
is
threatened
by
the
child’s
presence
in
the
child’s
current
placement
home
.
8.
At
the
conclusion
of
an
investigation
conducted
by
the
department
that
may
affect
an
individual
licensee’s
ability
,
or
an
approved
kinship
caregiver’s
ability,
to
provide
child
foster
care
in
the
future,
the
department
shall
provide
the
individual
licensee
or
approved
kinship
caregiver
with
a
written
report
that
details
the
conclusions
of
the
investigation.
9.
a.
The
department
shall
require
an
individual
licensee
or
approved
kinship
caregiver
to
attempt,
to
the
extent
reasonably
possible,
to
maintain
a
child’s
culture
and
beliefs.
b.
An
individual
licensee
or
an
approved
kinship
caregiver
shall
be
allowed
to
provide
child
foster
care,
according
to
the
individual
licensee’s
or
the
approved
kinship
caregiver’s
own
culture
and
beliefs,
if
such
child
foster
care
does
not
actively
discourage
a
child
to
disregard
the
child’s
own
culture
and
beliefs
and
a
biological
parent
whose
parental
rights
have
not
been
terminated
or
a
legal
guardian
for
the
child
does
not
object
to
the
practice
or
activity
that
is
consistent
with
the
individual
licensee’s
or
the
approved
kinship
caregiver’s
own
culture
and
beliefs.
10.
a.
The
department
or
the
department’s
agent
shall
consider
the
needs
and
scheduling
demands
of
a
child,
the
child’s
parents,
the
child’s
siblings,
and
the
individual
Senate
File
641,
p.
20
licensee
or
approved
kinship
caregiver
caring
for
the
child
when
scheduling
supervised
or
any
other
visitation
between
the
child
and
the
child’s
siblings,
family
members,
or
fictive
kin.
b.
The
department
shall
not
require
an
individual
licensee
or
an
approved
kinship
caregiver
to
conduct
,
or
to
be
present
during
,
supervised
visits
scheduled
pursuant
to
paragraph
“a”
.
11.
The
department
shall
accept
information
from
an
individual
licensee
or
approved
kinship
caregiver
relating
to
medical
appointments,
treatment
needs,
educational
progress,
and
educational
services
for
a
child
placed
with
the
individual
licensee
or
approved
kinship
caregiver
.
The
department
shall
consider
all
such
information
when
developing
or
modifying
a
child’s
case
permanency
plan
,
and
in
the
coordination
of
care
and
decisions
related
to
services
and
care
necessary
for
the
child.
The
information
the
department
receives
from
an
individual
licensees
will
licensee
or
an
approved
kinship
caregiver
shall
be
reviewed
and
considered
as
decisions
about
the
child’s
progress
and
needs
are
made.
12.
The
department
shall
maintain
a
process
to
allow
an
each
individual
licensee
and
each
approved
kinship
caregiver
to
file
complaints
a
complaint
with
the
department
electronically
for
an
alleged
violations
violation
relating
to
this
section
.
13.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
implement
this
section
.
Sec.
23.
Section
237.13,
Code
2025,
is
amended
to
read
as
follows:
237.13
Foster
family
home
insurance
fund.
1.
For
the
purposes
of
this
section
,
“foster
home”
means
an
individual,
as
defined
in
section
237.1,
subsection
7
,
who
is
licensed
to
provide
child
foster
care
and
shall
also
be
known
as
a
“licensed
foster
home”
.
2.
The
foster
family
home
insurance
fund
shall
be
administered
by
the
department.
The
fund
shall
consist
of
all
moneys
appropriated
by
the
general
assembly
for
deposit
in
the
fund.
The
department
shall
use
moneys
in
the
fund
to
provide
home
and
property
coverage
for
foster
parents
to
cover
damages
to
property
resulting
from
the
actions
of
a
foster
child
residing
in
a
foster
family
home
or
to
reimburse
foster
parents
for
the
cost
of
purchasing
foster
care
liability
insurance
and
Senate
File
641,
p.
21
to
perform
the
administrative
functions
necessary
to
carry
out
this
section
.
The
department
may
establish
limitations
of
liability
for
individual
claims
as
deemed
reasonable
by
the
department.
3.
2.
The
department
shall
adopt
rules,
pursuant
to
chapter
17A
,
to
carry
out
the
provisions
of
this
section
.
Sec.
24.
Section
237.14,
Code
2025,
is
amended
to
read
as
follows:
237.14
Enhanced
child
foster
care
services.
The
department
shall
provide
for
enhanced
child
foster
care
services
by
establishing
supplemental
per
diem
or
performance-based
contracts
that
include
payment
of
costs
relating
to
payments
of
principal
and
interest
for
bonds
and
notes
issued
pursuant
to
section
16.57
with
facilities
licensed
under
this
chapter
which
that
provide
special
services
to
children
who
would
otherwise
be
placed
in
a
state
juvenile
institution
or
an
out-of-state
program.
Before
completion
of
the
department’s
budget
estimate
as
required
by
section
8.23
,
the
department
shall
determine
and
include
in
the
estimate
the
amount
which
should
be
appropriated
for
enhanced
child
foster
care
services
for
the
forthcoming
fiscal
year
in
order
to
provide
sufficient
services.
Sec.
25.
Section
237.14A,
Code
2025,
is
amended
to
read
as
follows:
237.14A
Reasonable
and
prudent
parent
standard
——
immunity
from
liability.
The
department,
or
any
individual,
kinship
caregiver,
agency,
or
juvenile
shelter
care
home
that
applies
the
reasonable
and
prudent
parent
standard
reasonably
and
in
good
faith
in
regard
to
a
child
in
child
foster
care
shall
have
immunity
from
civil
or
criminal
liability
which
might
otherwise
be
incurred
or
imposed.
This
section
shall
not
remove
or
limit
any
existing
liability
protection
afforded
under
any
other
law.
Sec.
26.
Section
237.15,
subsection
1,
paragraph
a,
Code
2025,
is
amended
to
read
as
follows:
a.
The
efforts
to
place
the
child
with
a
relative
or
fictive
kin
.
Sec.
27.
Section
237.15,
subsection
5,
Code
2025,
is
amended
by
striking
the
subsection.
Senate
File
641,
p.
22
Sec.
28.
Section
237A.1,
subsection
2,
paragraph
l,
Code
2025,
is
amended
to
read
as
follows:
l.
A
child
care
facility
providing
respite
care
to
a
licensed
in
a
foster
family
home
for
a
period
of
twenty-four
hours
or
more
to
a
child
who
is
placed
with
that
licensed
foster
family
home
an
individual
licensee
under
chapter
237
.
Sec.
29.
Section
237A.3A,
subsection
1,
paragraph
d,
Code
2025,
is
amended
to
read
as
follows:
d.
A
person
who
holds
a
child
foster
care
license
licensee
or
an
approved
kinship
caregiver
under
chapter
237
shall
register
as
a
child
development
home
provider
in
order
to
provide
child
care.
Sec.
30.
Section
237C.1,
subsection
2,
paragraph
f,
Code
2025,
is
amended
to
read
as
follows:
f.
Care
furnished
by
a
child
foster
care
facility
licensed
licensee
or
approved
kinship
caregiver
under
chapter
237.
Sec.
31.
Section
237C.3,
subsection
2,
Code
2025,
is
amended
to
read
as
follows:
2.
Standards
established
by
the
department
under
this
chapter
shall
at
a
minimum
address
the
basic
health
and
educational
needs
of
children;
protection
of
children
from
mistreatment,
abuse,
and
neglect;
background
and
records
checks
of
persons
providing
care
to
children
in
facilities
certified
under
this
chapter
;
the
use
of
seclusion,
restraint,
or
other
restrictive
interventions;
health;
safety;
emergency;
and
the
physical
premises
on
which
care
is
provided
by
a
children’s
residential
facility.
The
background
check
requirements
shall
be
substantially
equivalent
to
those
applied
under
chapter
237
for
a
child
foster
care
facility
provider
licensee
or
an
approved
kinship
caregiver
.
Sec.
32.
Section
282.19,
subsection
2,
Code
2025,
is
amended
to
read
as
follows:
2.
A
child
who
is
living
in
a
licensed
individual
or
agency
child
foster
care
facility
,
or
with
an
approved
kinship
caregiver
,
as
those
terms
are
defined
in
section
237.1,
or
in
an
unlicensed
relative
foster
care
placement,
shall
remain
enrolled
in
and
attend
an
accredited
school
in
the
school
district
in
which
the
child
resided
and
is
enrolled
at
the
time
of
placement,
unless
it
is
determined
by
the
juvenile
Senate
File
641,
p.
23
court
or
the
public
or
private
agency
of
this
state
that
has
responsibility
for
the
child’s
placement
that
remaining
in
such
school
is
not
in
the
best
interests
of
the
child.
If
such
a
determination
is
made,
the
child
may
attend
an
accredited
school
located
in
the
school
district
in
which
the
child
is
living
and
not
in
the
school
district
in
which
the
child
resided
prior
to
receiving
foster
care.
Sec.
33.
Section
335.25,
subsection
2,
paragraph
c,
Code
2025,
is
amended
to
read
as
follows:
c.
“Family
home”
means
a
community-based
residential
home
which
is
licensed
as
a
residential
care
facility
under
chapter
135C
or
as
a
child
foster
care
facility
under
chapter
237
to
provide
room
and
board,
personal
care,
habilitation
services,
and
supervision
in
a
family
environment
exclusively
for
not
more
than
eight
persons
with
a
developmental
disability
or
brain
injury
and
any
necessary
support
personnel.
However,
family
home
does
not
mean
an
individual
a
foster
family
home
licensed
under
chapter
237
.
Sec.
34.
Section
414.22,
subsection
2,
paragraph
c,
Code
2025,
is
amended
to
read
as
follows:
c.
“Family
home”
means
a
community-based
residential
home
which
is
licensed
as
a
residential
care
facility
under
chapter
135C
or
as
a
child
foster
care
facility
under
chapter
237
to
provide
room
and
board,
personal
care,
habilitation
services,
and
supervision
in
a
family
environment
exclusively
for
not
more
than
eight
persons
with
a
developmental
disability
or
brain
injury
and
any
necessary
support
personnel.
However,
family
home
does
not
mean
an
individual
a
foster
care
family
home
licensed
under
chapter
237
.
Sec.
35.
Section
423.3,
subsection
18,
paragraph
b,
Code
2025,
is
amended
to
read
as
follows:
b.
Residential
facilities
in
which
an
agency
licensed
by
the
department
of
health
and
human
services
provides
child
foster
care
pursuant
to
chapter
237
,
other
than
those
maintained
by
individuals
as
defined
in
section
237.1,
subsection
7
.
Sec.
36.
Section
709.16,
subsection
2,
paragraph
b,
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
(1)
A
child
foster
care
facility
licensed
under
section
237.4
chapter
237
.
Senate
File
641,
p.
24
Sec.
37.
RULES.
The
department
of
health
and
human
services
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
division
of
this
Act,
including
rules
for
the
approval
of
relatives
or
fictive
kin
to
provide
child
foster
care.
DIVISION
III
CHILD
AND
DEPENDENT
ADULT
ABUSE
Sec.
38.
Section
135.118,
Code
2025,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section.
Sec.
39.
Section
235A.1,
subsection
1,
paragraph
b,
Code
2025,
is
amended
to
read
as
follows:
b.
Funds
for
the
programs
or
projects
shall
be
applied
for
and
received
by
a
community-based
volunteer
coalition
or
council
entity
.
Sec.
40.
Section
235A.15,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
1.
Notwithstanding
chapter
22
,
the
Child
abuse
information
shall
be
confidential
and
shall
not
be
a
public
record
under
chapter
22.
The
confidentiality
of
all
child
abuse
information
shall
be
maintained,
except
as
specifically
provided
by
this
section
.
Sec.
41.
Section
235B.2,
subsection
5,
paragraph
a,
subparagraph
(1),
subparagraph
division
(c),
Code
2025,
is
amended
to
read
as
follows:
(c)
Exploitation
of
a
dependent
adult
which
means
the
a
fraudulent
or
otherwise
illegal,
unauthorized,
or
improper
attempt,
act
,
or
process
of
taking
unfair
advantage
by
a
caretaker
or
fiduciary
to
use
the
physical
or
financial
resources
of
a
dependent
adult
or
the
adult’s
physical
or
financial
resources,
without
the
informed
consent
of
the
dependent
adult,
including
theft,
by
the
use
of
undue
influence,
harassment,
duress,
deception,
false
representation,
or
false
pretenses
for
any
of
the
following
purposes:
(i)
Monetary
or
personal
benefit,
profit,
or
gain.
(ii)
To
deprive
the
dependent
adult
of
the
use
of
the
dependent
adult’s
physical
or
financial
resources,
including
any
benefits,
belongings,
or
assets
.
Sec.
42.
Section
235B.3,
subsection
7,
Code
2025,
is
amended
Senate
File
641,
p.
25
to
read
as
follows:
7.
a.
Upon
a
showing
of
probable
cause
that
a
dependent
adult
has
been
abused,
a
court
may
authorize
a
person,
also
authorized
by
the
department,
to
make
an
evaluation,
to
enter
the
residence
of,
and
to
examine
the
dependent
adult.
b.
Upon
a
showing
of
probable
cause
that
there
has
been
exploitation
of
a
dependent
adult
has
been
financially
exploited
,
a
court
may
authorize
a
person,
also
authorized
by
the
department,
to
make
an
evaluation,
and
to
gain
access
to
the
financial
records
that
the
department
reasonably
believes
are
related
to
the
resources
of
the
dependent
adult.
Sec.
43.
Section
235B.6,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
1.
Notwithstanding
chapter
22
,
the
Dependent
adult
abuse
information
shall
be
confidential
and
shall
not
be
a
public
record
under
chapter
22.
The
confidentiality
of
all
dependent
adult
abuse
information
shall
be
maintained,
except
as
specifically
provided
by
subsections
2
and
3
.
Sec.
44.
Section
235B.6,
subsection
2,
paragraph
e,
subparagraph
(2),
Code
2025,
is
amended
to
read
as
follows:
(2)
Registry
or
department
personnel
when
necessary
to
the
performance
of
their
official
duties
,
or
a
person
,
an
instrumentality
of
the
state,
or
an
agency
under
contract
with
the
department
to
carry
out
official
duties
and
functions
of
the
registry
.
Sec.
45.
Section
249A.4,
Code
2025,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
16.
Require
providers
to
share
information
with
the
department
as
necessary
to
identify,
prevent,
or
respond
to
child
abuse
as
defined
in
section
232.68,
and
dependent
adult
abuse
as
defined
in
section
235B.2.
DIVISION
IV
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
INTERNAL
AUDITS
AND
EXAMINATIONS
Sec.
46.
NEW
SECTION
.
217.31A
Internal
audits
and
examinations.
1.
An
internal
audit
or
examination
conducted
by
or
on
behalf
of
the
department
shall
be
conducted
in
accordance
with
the
most
recent
global
internal
audit
standards
published
by
Senate
File
641,
p.
26
the
institute
of
internal
auditors.
2.
Information
created
or
received
by
the
department
in
the
course
of
an
internal
audit
or
examination
conducted
by
or
on
behalf
of
the
department,
including
any
allegations
of
misconduct
or
noncompliance,
and
all
internal
audit
or
examination
workpapers,
shall
be
treated
as
confidential.
3.
Subsection
2
shall
not
be
construed
to
limit
the
auditor
of
state’s
access
to
information
the
auditor
of
state
is
authorized
to
access
under
section
11.41.
Any
information
treated
as
confidential
under
subsection
2
and
shared
by
the
department
with
the
auditor
of
state
shall
not
be
disclosed
by
the
auditor
of
state
unless
any
of
the
following
conditions
apply:
a.
The
director
authorizes
such
disclosure
in
writing.
b.
The
information
is
contained
in
the
department’s
final
report
for
the
internal
audit
or
examination.
DIVISION
V
REGION
INCENTIVE
FUND
——
DISTRIBUTIONS
AND
TRANSFERS
Sec.
47.
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
BEHAVIORAL
HEALTH
SERVICES
SYSTEM
——
REGION
INCENTIVE
FUND.
1.
For
purposes
of
this
section:
a.
“Administrative
services
organization”
means
the
same
as
defined
in
2024
Iowa
Acts,
chapter
1161,
section
1.
b.
“Behavioral
health
fund”
means
the
behavioral
health
fund
established
in
2024
Iowa
Acts,
chapter
1161,
section
7,
subsection
2.
c.
“Behavioral
health
services
system”
means
the
behavioral
health
services
system
established
in
2024
Iowa
Acts,
chapter
1161,
section
3,
subsection
1.
d.
“Mental
health
and
disability
services
system”
means
the
mental
health
and
disability
services
system
described
in
section
225C.6B.
2.
Notwithstanding
any
provision
of
law
to
the
contrary,
there
is
appropriated
from
the
region
incentive
fund
created
in
section
225C.7A,
subsection
8,
to
the
department
of
health
and
human
services
for
the
fiscal
year
beginning
July
1,
2024,
and
ending
June
30,
2025,
an
amount
necessary
to
ensure
the
continuity
of
care
for
persons
transferring
from
the
mental
health
and
disability
services
system
to
the
behavioral
Senate
File
641,
p.
27
health
services
system,
and
for
distribution
to
administrative
services
organizations
to
be
used
for
expenses
related
to
the
duties
of
the
administrative
services
organizations
under
the
behavioral
health
services
system.
3.
Moneys
distributed
to
and
used
by
an
administrative
services
organization
pursuant
to
subsection
1,
shall
not
be
considered
in
the
computation
of
any
limit
on
the
administrative
costs
of
an
administrative
services
organization
including
those
prescribed
in
2024
Iowa
Acts,
chapter
1161,
section
7,
subsection
5.
4.
Moneys
in
the
mental
health
and
disability
services
regional
service
fund
established
in
section
225C.7A,
subsection
1,
that
remain
unencumbered
or
unobligated
on
June
30,
2025,
shall
be
transferred
to
the
behavioral
health
fund.
Sec.
48.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
49.
RETROACTIVE
APPLICABILITY.
This
division
of
this
Act
applies
retroactively
to
July
1,
2024.
DIVISION
VI
HEALTH
MAINTENANCE
ORGANIZATION
——
APPLICABLE
PERCENTAGE
FOR
PREMIUM
TAX
Sec.
50.
Section
432.1,
subsection
2,
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
The
“applicable
percent”
for
purposes
of
subsection
1
of
this
section
,
section
432.1B,
and
section
432.2
is
the
following:
Sec.
51.
Section
432.1B,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
1.
Pursuant
to
section
514B.31,
subsection
3
,
a
health
maintenance
organization
contracting
with
the
department
of
health
and
human
services
to
administer
the
medical
assistance
program
under
chapter
249A
,
shall
pay
as
taxes
to
the
director
of
the
department
of
revenue
for
deposit
in
the
Medicaid
managed
care
organization
premiums
fund
created
in
section
249A.13
,
an
amount
equal
to
two
and
one-half
the
applicable
percent
,
as
provided
in
section
432.1,
subsection
2,
of
the
premiums
received
and
taxable
under
section
514B.31,
subsection
3
.
Sec.
52.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Senate
File
641,
p.
28
Sec.
53.
RETROACTIVE
APPLICABILITY.
This
division
of
this
Act
applies
retroactively
to
January
1,
2024.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
641,
Ninety-first
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2025
______________________________
KIM
REYNOLDS
Governor