House File 546 - Introduced HOUSE FILE 546 BY ISENHART A BILL FOR An Act providing for implementation of a local services 1 approach for addressing child foster care and associated 2 services provided outside this state. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2633YH (3) 84 jp/rj

H.F. 546 Section 1. OUT-OF-STATE FOSTER CARE PLACEMENT —— LOCAL 1 SERVICES APPROACH. 2 1. For the purposes of this section, unless the context 3 otherwise requires: 4 a. “Department” means the department of human services. 5 b. “Foster care” means any out-of-home placement of a child 6 in accordance with a court order entered under chapter 232 or 7 by agreement with the department. 8 c. “Foster care placement outside of this state” means 9 a foster care placement to which all of the following 10 circumstances are applicable: 11 (1) The location of the placement is outside of this state. 12 (2) The cost of the placement and the services associated 13 with the placement exceed the maximum amount payable under this 14 state’s reimbursement limitations for a child with similar 15 needs in a foster care placement and the services associated 16 with the placement in this state. 17 2. For the fiscal year beginning July 1, 2011, the 18 department shall implement a local services approach in 19 accordance with the section. In the local services approach, 20 if a child from an area is in a foster care placement outside of 21 this state or the department is considering recommending such a 22 placement for a child, the department shall provide foster care 23 providers in the area with an opportunity to provide a level 24 of services comparable to the level of services necessitating 25 the placement outside this state. Under the local services 26 approach, in lieu of the reimbursement limitations otherwise 27 applicable to the foster care placement and associated services 28 for the child in this state, the cost of the placement and the 29 services associated with the placement shall not exceed the 30 lower of the following amounts: 31 a. The cost of the foster care placement outside of this 32 state and the services associated with the placement. 33 b. The average cost of foster care placements outside this 34 state and the services associated with such placements during 35 -1- LSB 2633YH (3) 84 jp/rj 1/ 3

H.F. 546 the previous fiscal year. 1 3. The department shall provide progress reports on 2 the local services approach to the members of the joint 3 appropriations subcommittee on health and human services, other 4 interested legislators, and the legislative services agency 5 during the 2012 legislative session and shall submit a final 6 report by December 14, 2012. 7 EXPLANATION 8 This bill requires the department of human services to 9 implement a local services approach for addressing child foster 10 care and associated services provided outside this state during 11 fiscal year 2011-2012. 12 The bill defines “foster care” to mean any out-of-home 13 placement of a child in accordance with a court order entered 14 under Code chapter 232 or by agreement with the department. A 15 foster care placement outside this state is one in which the 16 cost of the placement and the services associated with the 17 placement exceed the maximum amount payable under this state’s 18 reimbursement limitations for a child with similar needs in 19 a foster care placement and the services associated with the 20 placement in this state. 21 In the local services approach, if a child from an area 22 is in a foster care placement outside of this state or the 23 department is considering recommending such a placement for 24 a child, the department is required to provide foster care 25 providers in the area with an opportunity to provide a level 26 of services comparable to the level of services necessitating 27 the placement outside this state. In lieu of the reimbursement 28 limitations otherwise applicable to the foster care placement 29 and associated services for the child in this state, the cost 30 of the services cannot exceed the lower of the following: the 31 cost of the foster care placement outside of this state and 32 the services associated with the placement or the average cost 33 of foster care placements outside this state and the services 34 associated with such placements during the previous fiscal 35 -2- LSB 2633YH (3) 84 jp/rj 2/ 3

H.F. 546 year. 1 The department is required to provide progress reports 2 on the local services approach to the members of the joint 3 appropriations subcommittee on health and human services, other 4 interested legislators, and the legislative services agency 5 during the 2012 legislative session and to submit a final 6 report by December 14, 2012. 7 -3- LSB 2633YH (3) 84 jp/rj 3/ 3