Senate File 2196 - Introduced
SENATE FILE
BY KREIMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the establishment of an emergency license
2 category for an individual family foster care provider who is
3 a relative of a child who is or may be placed in family foster
4 care.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. NEW SECTION. 237.4A EMERGENCY LICENSE.
1 2 1. For the purposes of this section, unless the context
1 3 otherwise requires, "relative" means a person who is, or was
1 4 at any time, one of the following relatives of a child, by
1 5 means of blood relationship, marriage, or adoption, or is a
1 6 spouse of one of the following relatives: parent, stepparent,
1 7 grandparent, brother, sister, uncle, or aunt. For an Indian
1 8 child who is subject to the Indian child welfare Act under
1 9 chapter 232B, "relative" includes the Indian child's family as
1 10 defined in section 232B.3.
1 11 2. The department shall establish an emergency individual
1 12 child foster care license category for individuals who are the
1 13 relative of a child placed with or being considered for
1 14 placement with the individual for foster care and who are not
1 15 licensed to provide family foster care. The element of the
1 16 child foster care definition under section 237.1 otherwise
1 17 requiring that child foster care must be provided by a person
1 18 other than a relative of the child does not apply to an
1 19 emergency license issued to an individual under this section
1 20 or to a subsequent full or provisional license granted to that
1 21 individual under this chapter.
1 22 3. An emergency license issued under this section is
1 23 subject to all of the following:
1 24 a. The department shall initiate the process to issue an
1 25 emergency license under this section as soon as possible after
1 26 learning that placement of the child with a relative is being
1 27 considered or has been ordered.
1 28 b. The department shall apply the home visit, inspection,
1 29 study, and other requirements applicable under the regular
1 30 foster care home licensing standards of this chapter, except
1 31 that the standards shall be modified as necessary to allow for
1 32 the immediate placement of the child with the relative while
1 33 ensuring the safety of the child. The initial home visit or
1 34 inspection of an individual under consideration for an
1 35 emergency license shall be performed whenever possible prior
2 1 to the child's placement with the relative, but not later than
2 2 three business days following the placement.
2 3 c. The relative shall be provided with emergency license
2 4 and regular license application materials at the time of
2 5 placement or the initial home visit or inspection, whichever
2 6 is earlier. The department or a licensed child placing agency
2 7 shall assist the relative in completing the materials and in
2 8 obtaining other information and expertise needed to expedite
2 9 the licensing process. A relative who receives an emergency
2 10 license must complete and submit the regular foster care
2 11 license application materials to the department within ten
2 12 business days of the child's placement in order for the
2 13 child's placement with the relative to continue.
2 14 d. Whenever possible, the relative shall provide the
2 15 information needed for granting of an emergency license prior
2 16 to the placement of the child with the relative. If the
2 17 relative does not provide requested reports or other
2 18 information or otherwise fails to cooperate in securing the
2 19 emergency license, the child shall be removed from placement
2 20 with the relative.
2 21 e. The department shall perform the criminal and child
2 22 abuse record checks of an applicant for an emergency license
2 23 on an expedited basis. If it is determined that the relative
2 24 has a criminal record or record of founded abuse and the
2 25 department's evaluation determines that the record warrants
2 26 prohibition of family foster care licensure, the department
2 27 shall not issue an emergency license to the relative and the
2 28 child's placement with the relative shall be terminated.
2 29 EXPLANATION
2 30 This bill directs the department of human services to
2 31 establish an emergency license category for an individual
2 32 family foster care provider who is a relative of a child and
2 33 does not have a family foster care license.
2 34 The bill defines the relative relationship for the new
2 35 category and incorporates the Indian child's family definition
3 1 from Iowa's Indian child welfare Act for children who are
3 2 subject to that law.
3 3 The department is required to modify the existing home
3 4 visit, inspection, study, and other requirements applicable
3 5 under the regular foster care home licensing standards to
3 6 allow for the immediate placement of the child with the
3 7 relative while ensuring the safety of the child. The relative
3 8 must apply for a family foster care license under the regular
3 9 requirements within 10 business days of the child's placement
3 10 with the relative. A child may be placed with a relative
3 11 before the emergency license application materials are
3 12 submitted and a home visit is made, however, the home visit
3 13 must be completed within three business days of the child's
3 14 placement.
3 15 The department is required to perform the criminal and
3 16 child abuse record checks of a relative applying for an
3 17 emergency license on an expedited basis. If it is determined
3 18 that the relative has a criminal record or a record of founded
3 19 child abuse that warrants prohibition of the family foster
3 20 care licensure, the department is prohibited from issuing the
3 21 emergency license and the child's placement with the relative
3 22 is required to be terminated.
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