Senate File 38 - Introduced
SENATE FILE
BY KREIMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the rights, duties, and responsibilities of a
2 person providing family foster care.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1644XS 81
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PAG LIN
1 1 Section 1. SHORT TITLE. This Act shall be known and may
1 2 be cited as the "Foster Parents Bill of Rights".
1 3 Sec. 2. Section 232.52, subsection 5, Code 2005, is
1 4 amended to read as follows:
1 5 5. If the court orders the transfer of custody of the
1 6 child to the department of human services or other agency for
1 7 placement, the department or agency responsible for the
1 8 placement of the child shall submit a case permanency plan to
1 9 the court and shall make every effort to return the child to
1 10 the child's home as quickly as possible. If the child is
1 11 placed in family foster care by the department or agency,
1 12 unless otherwise enlarged or circumscribed by the court, the
1 13 individual providing the family foster care may exercise the
1 14 rights and duties of a custodian with respect to the child.
1 15 Sec. 3. Section 232.54, Code 2005, is amended by adding
1 16 the following new unnumbered paragraph:
1 17 NEW UNNUMBERED PARAGRAPH. If the court orders the transfer
1 18 of the custody of a child to the department or other agency
1 19 for placement and the department or agency places the child in
1 20 family foster care, unless otherwise enlarged or circumscribed
1 21 by the court, the individual providing the family foster care
1 22 may exercise the rights and duties of a custodian with respect
1 23 to the child.
1 24 Sec. 4. Section 232.58, Code 2005, is amended by adding
1 25 the following new subsection:
1 26 NEW SUBSECTION. 8. If the court orders the transfer of
1 27 the custody of a child to the department or other agency for
1 28 placement and the department or agency places the child in
1 29 family foster care, unless otherwise enlarged or circumscribed
1 30 by the court, the individual providing the family foster care
1 31 may exercise the rights and duties of a custodian with respect
1 32 to the child.
1 33 Sec. 5. Section 232.102, subsection 7, Code 2005, is
1 34 amended by adding the following new unnumbered paragraph:
1 35 NEW UNNUMBERED PARAGRAPH. If the court orders the transfer
2 1 of the custody of the child to the department or other agency
2 2 for placement and the department or agency places the child in
2 3 family foster care, unless otherwise enlarged or circumscribed
2 4 by the court, the individual providing the family foster care
2 5 may exercise the rights and duties of a custodian with respect
2 6 to the child.
2 7 Sec. 6. Section 232.103, Code 2005, is amended by adding
2 8 the following new subsection:
2 9 NEW SUBSECTION. 8. If the court orders the transfer of
2 10 the custody of a child to the department or other agency for
2 11 placement and the department or agency places the child in
2 12 family foster care, unless otherwise enlarged or circumscribed
2 13 by the court, the individual providing the family foster care
2 14 may exercise the rights and duties of a custodian with respect
2 15 to the child.
2 16 Sec. 7. Section 237.3, subsection 2, paragraph k, Code
2 17 2005, is amended to read as follows:
2 18 k. Elements of a foster care placement agreement outlining
2 19 rights and responsibilities associated with an individual
2 20 providing family foster care. The rights and responsibilities
2 21 shall include but are not limited to all of the following:
2 22 (1) Receiving information prior to the child's placement
2 23 regarding risk factors concerning the child.
2 24 (2) Having regularly scheduled meetings with each case
2 25 manager assigned to the child.
2 26 (3) Receiving access to any reports prepared by a service
2 27 provider who is working with the child.
2 28 EXPLANATION
2 29 This bill relates to the rights, duties, and
2 30 responsibilities of a person providing family foster care.
2 31 The bill includes a short title so it will be known and may
2 32 be cited as the "Foster Parents Bill of Rights".
2 33 The bill amends provisions of Code chapter 232 involving
2 34 placement dispositions of a child who is found to be
2 35 delinquent or to be a child in need of assistance. The bill
3 1 provides that if the court orders transfer of custody of a
3 2 child to the department of human services or a private agency
3 3 and the child is placed in family foster care, unless the
3 4 court orders an expansion or restriction, the family foster
3 5 care provider may exercise the rights and duties of a
3 6 custodian with respect to the child. Under Code section
3 7 232.2, these rights and duties include maintaining or
3 8 transferring to another the physical possession of the child;
3 9 protecting, training, and disciplining the child; providing
3 10 food, clothing, housing, and medical care for the child;
3 11 consenting to emergency medical care, including surgery; and
3 12 signing a release of medical information to a health
3 13 professional.
3 14 In addition, the bill amends Code section 237.3, relating
3 15 to rules adopted by the department in regard to agreements
3 16 outlining a family foster care provider's rights and
3 17 responsibilities. Under the bill, these are to include
3 18 receiving information prior to the child's placement regarding
3 19 risk factors concerning the child, having regularly scheduled
3 20 meetings with each case manager assigned to the child, and
3 21 receiving access to any reports prepared by a service provider
3 22 who is working with the child.
3 23 LSB 1644XS 81
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