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 5 jp/gg/14 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 departmentof human servicesor 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 3 24 jp/gg/14