HOUSE FILE 546

BY  ISENHART

A BILL FOR

An Act providing for implementation of a local services approach for addressing child foster care and associated services provided outside this state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  OUT-OF-STATE FOSTER CARE PLACEMENT —— LOCAL SERVICES APPROACH.
   1.  For the purposes of this section, unless the context otherwise requires:
   a.  “Department” means the department of human services.
   b.  “Foster care” means any out-of-home placement of a child in accordance with a court order entered under chapter 232 or by agreement with the department.
   c.  “Foster care placement outside of this state” means a foster care placement to which all of the following circumstances are applicable:
   (1)  The location of the placement is outside of this state.
   (2)  The cost of the placement and the services associated with the placement exceed the maximum amount payable under this state’s reimbursement limitations for a child with similar needs in a foster care placement and the services associated with the placement in this state. 
   2.  For the fiscal year beginning July 1, 2011, the department shall implement a local services approach in accordance with the section. In the local services approach, if a child from an area is in a foster care placement outside of this state or the department is considering recommending such a placement for a child, the department shall provide foster care providers in the area with an opportunity to provide a level of services comparable to the level of services necessitating the placement outside this state. Under the local services approach, in lieu of the reimbursement limitations otherwise applicable to the foster care placement and associated services for the child in this state, the cost of the placement and the services associated with the placement shall not exceed the lower of the following amounts:
   a.  The cost of the foster care placement outside of this state and the services associated with the placement.
   b.  The average cost of foster care placements outside this state and the services associated with such placements during the previous fiscal year.
   3.  The department shall provide progress reports on the local services approach to the members of the joint appropriations subcommittee on health and human services, other interested legislators, and the legislative services agency during the 2012 legislative session and shall submit a final report by December 14, 2012.
EXPLANATION
   This bill requires the department of human services to implement a local services approach for addressing child foster care and associated services provided outside this state during fiscal year 2011-2012. 
   The bill defines “foster care” to mean any out-of-home placement of a child in accordance with a court order entered under Code chapter 232 or by agreement with the department. A foster care placement outside this state is one in which the cost of the placement and the services associated with the placement exceed the maximum amount payable under this state’s reimbursement limitations for a child with similar needs in a foster care placement and the services associated with the placement in this state. 
   In the local services approach, if a child from an area is in a foster care placement outside of this state or the department is considering recommending such a placement for a child, the department is required to provide foster care providers in the area with an opportunity to provide a level of services comparable to the level of services necessitating the placement outside this state. In lieu of the reimbursement limitations otherwise applicable to the foster care placement and associated services for the child in this state, the cost of the services cannot exceed the lower of the following: the cost of the foster care placement outside of this state and the services associated with the placement or the average cost of foster care placements outside this state and the services associated with such placements during the previous fiscal year.
   The department is required to provide progress reports on the local services approach to the members of the joint appropriations subcommittee on health and human services, other interested legislators, and the legislative services agency during the 2012 legislative session and to submit a final report by December 14, 2012.