Senate File 171 - Introduced



                                       SENATE FILE       
                                       BY  MILLER


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for certain human services programs and funding
  2    streams to be administered by counties in lieu of the
  3    department of human services and providing an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1499XS 81
  6 jp/gg/14

PAG LIN



  1  1    Section 1.  TRANSITION TO COUNTY=ADMINISTERED SERVICES.
  1  2    1.  Effective July 1, 2007, notwithstanding the following
  1  3 designated chapters and any other provision of law to the
  1  4 contrary, the programs and services under the designated
  1  5 chapters shall be administered by counties in lieu of the
  1  6 department of human services.  The department of human
  1  7 services and county officials shall develop plans, agreements,
  1  8 and other processes to facilitate the transfer of
  1  9 responsibilities from the department to counties and for the
  1 10 associated state and federal funding streams to be provided to
  1 11 counties in the form of block grants or other equitable means.
  1 12 The programs and services to be so transferred include
  1 13 programs and services provided pursuant to all of the
  1 14 following chapters:
  1 15    a.  Chapter 232, relating to the juvenile justice code,
  1 16 including but not limited to child abuse assessments and other
  1 17 child protection functions.
  1 18    b.  Chapter 232B, relating to the Indian child welfare Act.
  1 19    c.  Chapter 234, relating to child and family services.
  1 20    d.  Chapter 235, relating to child welfare.
  1 21    e.  Chapter 239B, relating to the family investment
  1 22 program.
  1 23    f.  Chapter 249, relating to state supplementary
  1 24 assistance.
  1 25    g.  Chapter 251, relating to emergency relief
  1 26 administration.
  1 27    2.  The programs and services under the chapters designated
  1 28 in this subsection shall remain under the authority of the
  1 29 department of human services when the transfer of
  1 30 responsibilities under subsection 1 is implemented.  However,
  1 31 if a program or service under one of the chapters is
  1 32 interrelated with a program or service affected by subsection
  1 33 1, the department shall work with county representatives to
  1 34 propose changes in program or service provisions so that the
  1 35 provisions can be administered effectively for the service
  2  1 consumer, counties, and department when the transfer of
  2  2 responsibilities occurs.  The programs and services to remain
  2  3 under the authority of the department as described in this
  2  4 subsection include programs and services provided pursuant to
  2  5 all of the following chapters:
  2  6    a.  Chapter 222, relating to persons with mental
  2  7 retardation served at a state resource center.
  2  8    b.  Chapter 230, relating to support of persons with mental
  2  9 illness at a state mental health institute.
  2 10    c.  Chapter 233, relating to newborn infant custody release
  2 11 procedures (the newborn safe haven Act).
  2 12    d.  Chapter 233A, relating to the state training school.
  2 13    e.  Chapter 233B, relating to the state juvenile home.
  2 14    f.  Chapter 235A, relating to child abuse prevention and
  2 15 registry provisions.
  2 16    g.  Chapter 235B, relating to dependent adult abuse
  2 17 services, reports, and registry provisions.
  2 18    h.  Chapter 237, relating to regulation of child foster
  2 19 care facilities.
  2 20    i.  Chapter 237A, relating to regulation of child care.
  2 21    j.  Chapter 238, relating to regulation of child placing
  2 22 agencies.
  2 23    k.  Chapter 249A, relating to the medical assistance
  2 24 program.
  2 25    l.  Chapter 249B, relating to the medical assistance
  2 26 program assistance provided to institutionalized spouses.
  2 27    m.  Chapter 249F, relating to transfer of assets and
  2 28 medical assistance program debt.
  2 29    n.  Chapter 249G, relating to the long=term care asset
  2 30 preservation program.
  2 31    o.  Chapter 249H, relating to the senior living program.
  2 32    p.  Chapters 252A through 252K, relating to child and
  2 33 medical support, paternity establishment, support orders, the
  2 34 central employee registry, licensing sanctions, and the
  2 35 uniform interstate family support Act.
  3  1    3.  The department shall consult with the Iowa state
  3  2 association of counties and county officials in developing a
  3  3 transition plan to provide for the transfer of service and
  3  4 program administration and funding from the department to
  3  5 counties as required by this section.  The transition plan
  3  6 shall include proposed legislation which shall be submitted by
  3  7 the department in accordance with section 2.16 for
  3  8 consideration by the Eighty=first General Assembly, 2006
  3  9 Session.  The transition plan shall be submitted to the
  3 10 governor and general assembly on or before December 15, 2005.
  3 11    Sec. 2.  Section 217.1, Code 2005, is amended to read as
  3 12 follows:
  3 13    217.1  PROGRAMS OF DEPARTMENT PURPOSE == STATE=COUNTY
  3 14 SERVICE SYSTEM.
  3 15    1.  There The department of human services is established a
  3 16 department of human services to administer for the purpose of
  3 17 supporting state and county=administered programs designed to
  3 18 improve the well=being and productivity of the people of the
  3 19 state of Iowa.  The department shall concern itself with adopt
  3 20 statewide standards, apply quality measures, administer those
  3 21 human services programs identified in law, assist counties in
  3 22 meeting federal requirements, provide efficient and equitable
  3 23 financing mechanisms, and provide other support necessary for
  3 24 an effective state and county=administered human services
  3 25 system.
  3 26    2.  The state and county=administered human services system
  3 27 is intended to address the problems of human behavior,
  3 28 adjustment, and daily living through the administration of
  3 29 programs of family, child, and adult welfare, economic
  3 30 assistance including costs of medical care, rehabilitation
  3 31 toward self=care and support, delinquency prevention and
  3 32 control, treatment and rehabilitation of juvenile offenders,
  3 33 care and treatment of persons with mental illness or mental
  3 34 retardation, and other related programs as provided by law.
  3 35    Sec. 3.  EFFECTIVE DATE.  The section of this Act amending
  4  1 section 217.1 takes effect July 1, 2007.
  4  2                           EXPLANATION
  4  3    This bill provides for certain human services programs and
  4  4 funding streams to be administered by counties in lieu of the
  4  5 department of human services effective July 1, 2007.
  4  6    The bill identifies Code chapters under which the programs
  4  7 and services administered by the department will be
  4  8 transferred to the counties.  The bill also identifies Code
  4  9 chapters that will continue to be administered by the
  4 10 department.  However, if a program or service under an
  4 11 identified chapter is interrelated with a program or service
  4 12 being transferred to counties, the department and county
  4 13 representatives are directed to propose changes in program or
  4 14 service provisions so that the provisions can be administered
  4 15 effectively for the service consumer, counties, and department
  4 16 when the transfer of responsibilities occurs.  The department
  4 17 is directed to work with the Iowa state association of
  4 18 counties and others in developing a transition plan.  The plan
  4 19 is required to include proposed legislation, which shall be
  4 20 submitted for consideration in the 2006 legislative session.
  4 21 The transition plan is required to be submitted to the
  4 22 governor and general assembly by December 15, 2005.
  4 23    Code section 217.1, stating the purpose of the department
  4 24 of human services and programs administered by the department,
  4 25 is amended to provide for a state and county=administered
  4 26 human services system.  This section takes effect July 1,
  4 27 2007.
  4 28 LSB 1499XS 81
  4 29 jp:nh/gg/14