Senate Study Bill 1182 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF HUMAN SERVICES BILL) A BILL FOR An Act relating to requirements of the department of human 1 services involving individuals and families. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1223DP (6) 84 jp/nh
S.F. _____ H.F. _____ DIVISION I 1 CHILD CARE RESOURCE AND REFERRAL AGENCIES 2 Section 1. Section 237A.26, Code 2011, is amended to read 3 as follows: 4 237A.26 Statewide resource and referral services —— grants . 5 1. The department shall administer the funding for a 6 statewide grant program for child care resource and referral 7 services. Grants shall only be awarded to community-based 8 nonprofit incorporated agencies and public agencies. Grants 9 shall be awarded to facilitate the establishment of regional 10 resource and referral agencies throughout the state , based upon 11 the distribution of the child population in the state . 12 2. The department shall provide oversight of and annually 13 evaluate an agency which is awarded a grant to provide resource 14 and referral services to a region. For the purposes of this 15 section, “agency” means an incorporated nonprofit agency, public 16 agency, or private company. 17 3. An agency which receives a grant to provide resource 18 and referral services shall perform both of the following 19 functions: 20 a. Organize assistance to child care homes and child 21 development homes care facilities utilizing training levels 22 based upon the homes’ child care providers’ degrees of 23 experience and interest. 24 b. Operate in partnership with both public and private 25 interests and coordinate resource and referral services with 26 existing community services. 27 4. An agency , to be eligible to receive a grant to provide 28 resource and referral services, must may be required by the 29 department to match the grant with financial resources equal to 30 at least twenty-five percent of the amount of the grant . The 31 financial resources may include a private donation, an in-kind 32 contribution, or a public funding source other than a separate 33 state grant for child care service improvement. 34 5. An agency, to be eligible to receive a grant to provide 35 -1- LSB 1223DP (6) 84 jp/nh 1/ 9
S.F. _____ H.F. _____ resource and referral services, must have a board of directors 1 if the agency is an incorporated nonprofit agency or must have 2 an advisory board if the agency is a public agency or private 3 company , to oversee the provision of resource and referral 4 services. The board shall include providers, consumers, and 5 other persons interested in the provision or delivery of child 6 care services. 7 6. An agency which receives a child care resource and 8 referral grant shall may be awarded funding to provide all 9 various child care-related services, which may include but are 10 not limited to any of the following services: 11 a. Assist families in selecting quality child care. The 12 agency must provide referrals to registered and licensed child 13 care facilities, and to persons providing care, supervision, 14 and guidance of a child which is not defined as child care 15 under section 237A.1 and may provide referrals to unregistered 16 providers. 17 b. Assist child care providers in adopting appropriate 18 program and business practices to provide quality child care 19 services. 20 c. Provide information to the public regarding the 21 availability of child care services in the communities within 22 the agency’s region. 23 d. Actively encourage the development of new and expansion 24 of existing child care facilities in response to identified 25 community needs. 26 e. Provide specialized services to employers, including the 27 provision of resource and referral services to employee groups 28 identified by the employer and the provision of technical 29 assistance to develop employer-supported child care programs. 30 The specialized services may include but are not limited to 31 working with employers to identify networks of recommended 32 registered and licensed child care providers for employee 33 groups and to implement employer-supported quality improvement 34 initiatives among the network providers. 35 -2- LSB 1223DP (6) 84 jp/nh 2/ 9
S.F. _____ H.F. _____ f. Refer eligible child care facilities to the federal child 1 care food programs. 2 g. Loan toys, other equipment, and resource materials to 3 child care facilities. 4 h. Administer funding designated within the grant to provide 5 a substitute caregiver program for registered child development 6 homes to provide substitute child care in a home when the 7 home provider is ill, on vacation, receiving training, or is 8 otherwise unable to provide the care. 9 7. The department may contract with an agency receiving 10 a child care resource and referral grant to perform any of 11 the following functions relating to publicly funded services 12 providing care, supervision, and guidance of a child: 13 a. Determine an individual’s eligibility for the services in 14 accordance with income requirements. 15 b. Administer a voucher, certificate, or other system for 16 reimbursing an eligible provider of the services. 17 8. For purposes of improving the quality and consistency 18 of data collection, consultation, and other support to child 19 care home and child development home providers, a resource and 20 referral services agency grantee shall coordinate and assist 21 with publicly and privately funded efforts administered at 22 the community level to provide the support. The support and 23 efforts addressed by a grantee may include but are not limited 24 to community-funded child care home and child development home 25 consultants. Community members involved with the assistance 26 may include but are not limited to the efforts of an early 27 childhood Iowa area board under chapter 256I , and of community 28 representatives of education, health, human services, business, 29 faith, and public interests. 30 DIVISION II 31 GUARDIAN AND CONSERVATOR TRAINING —— FOSTER HOME INSURANCE FUND 32 Sec. 2. Section 237.13, subsection 1, Code 2011, is amended 33 to read as follows: 34 1. For the purposes of this section , “foster home” means 35 -3- LSB 1223DP (6) 84 jp/nh 3/ 9
S.F. _____ H.F. _____ either of the following: 1 a. An an individual, as defined in section 237.1, subsection 2 7 , who is licensed to provide child foster care and shall also 3 be known as a “licensed foster home” . 4 b. A guardian appointed on a voluntary petition pursuant 5 to section 232.178 , or a voluntary petition of a ward pursuant 6 to section 633.557 , or a conservator appointed on a voluntary 7 petition of a ward pursuant to section 633.572 , provided the 8 ward has an income that does not exceed one hundred fifty 9 percent of the current federal office of management and budget 10 poverty guidelines and who does not have resources in excess 11 of the criteria for resources under the federal supplemental 12 security income program. However, the ward’s ownership of 13 one residence and one vehicle shall not be considered in 14 determining resources. 15 Sec. 3. Section 237.13, subsection 5, Code 2011, is amended 16 by striking the subsection. 17 Sec. 4. REPEAL. Section 217.40, Code 2011, is repealed. 18 DIVISION III 19 EARNED INCOME TAX CREDIT INFORMATION 20 Sec. 5. Section 217.36, Code 2011, is amended to read as 21 follows: 22 217.36 Distribution Provision of earned income tax credit 23 information. 24 1. The department shall ensure that educational materials 25 relating to the federal and state earned income tax credits 26 are provided in accordance with this section to each household 27 receiving assistance or benefits under: 28 a. The hawk-i program under chapter 514I . 29 b. The family investment program under chapter 239B . 30 c. The medical assistance Act under chapter 249A . 31 d. The food and food assistance programs defined in section 32 234.1 which are administered by the department. 33 e. Any other appropriate programs administered by, or under 34 the oversight of, the department of human services. 35 -4- LSB 1223DP (6) 84 jp/nh 4/ 9
S.F. _____ H.F. _____ 2. The department shall, by mail or through the internet, 1 provide a household described in subsection 1 with access to: 2 a. Internal revenue service publications relating to the 3 federal earned income tax credit. 4 b. Department of revenue publications relating to the state 5 earned income tax credit. 6 c. Information prepared by tax preparers who provide 7 volunteer or free federal or state income tax preparation 8 services to low-income and other eligible persons and who are 9 located in close geographic proximity to the person. 10 3. In January of each year, the department or a 11 representative of the department shall mail to each household 12 described in subsection 1 information about the federal and 13 state earned income tax credit that provides the household with 14 referrals to the resources described in subsection 2 . 15 4. The mailings required by the department under this 16 section do not have to be made as a separate mailing but may 17 be included in existing mailings being made to the appropriate 18 households. 19 DIVISION IV 20 UNIT FOR SEXUALLY VIOLENT PREDATORS —— BARBERING LICENSE 21 EXEMPTION 22 Sec. 6. Section 158.2, Code 2011, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 8. Persons committed pursuant to chapter 25 229A to the custody of the director of the department of human 26 services in the unit for sexually violent predators who cut the 27 hair or trim or shave the beard of any other person within the 28 unit, without receiving direct compensation from the person 29 receiving the service. 30 DIVISION V 31 ADOPTION PLACEMENT INVESTIGATIONS AND REPORTS 32 Sec. 7. Section 600.8, subsection 9, Code 2011, is amended 33 to read as follows: 34 9. The department may investigate, on its own initiative or 35 -5- LSB 1223DP (6) 84 jp/nh 5/ 9
S.F. _____ H.F. _____ on order of the juvenile court or court , any placement made or 1 adoption petition filed under this chapter or chapter 600A and 2 may report its resulting recommendation to the juvenile court 3 or court . 4 DIVISION VI 5 RETAINING CHILD IN NEED OF ASSISTANCE COMPLAINT INFORMATION 6 Sec. 8. Section 232.81, subsection 4, Code 2011, is amended 7 by striking the subsection. 8 DIVISION VII 9 REGISTRY ACCESS —— CERTIFIED NURSE AIDES AND JUVENILE SHELTER 10 AND DETENTION FACILITY VOLUNTEERS 11 Sec. 9. Section 232.142, subsection 4, Code 2011, is amended 12 to read as follows: 13 4. The director shall adopt minimal rules and standards for 14 the establishment, maintenance, and operation of such homes as 15 shall be necessary to effect the purposes of this chapter . The 16 rules shall apply the requirements of section 237.8 , concerning 17 employment and evaluation of persons with direct responsibility 18 for a child or with access to a child when the child is alone 19 and persons residing in a child foster care facility, to 20 persons employed by , or residing in , or volunteering for a 21 home approved under this section . The director shall, upon 22 request, give guidance and consultation in the establishment 23 and administration of the homes and programs for the homes. 24 Sec. 10. Section 235A.15, subsection 2, paragraph e, Code 25 2011, is amended by adding the following new subparagraphs: 26 NEW SUBPARAGRAPH . (20) To the administrator of a certified 27 nurse aide program, if the data relates to a record check of a 28 student of the program performed pursuant to section 135C.33. 29 NEW SUBPARAGRAPH . (21) To the administrator of a juvenile 30 detention or shelter care home, if the data relates to a record 31 check of an existing or prospective employee, resident, or 32 volunteer for or in the home. 33 Sec. 11. Section 235B.6, subsection 2, paragraph e, Code 34 2011, is amended by adding the following new subparagraphs: 35 -6- LSB 1223DP (6) 84 jp/nh 6/ 9
S.F. _____ H.F. _____ NEW SUBPARAGRAPH . (16) To the administrator of a certified 1 nurse aide program, if the data relates to a record check of a 2 student of the program performed pursuant to section 135C.33. 3 NEW SUBPARAGRAPH . (17) To the administrator of a juvenile 4 detention or shelter care home, if the data relates to a record 5 check of an existing or prospective employee, resident, or 6 volunteer for or in the home. 7 DIVISION VIII 8 MEDICAID FAMILY PLANNING SERVICES 9 Sec. 12. Section 249A.3, subsection 2, paragraph a, 10 subparagraph (10), Code 2011, is amended to read as follows: 11 (10) Women Individuals eligible for family planning 12 services under a federally approved demonstration waiver. 13 EXPLANATION 14 This bill relates to the department of human services. It is 15 organized into divisions. 16 CHILD CARE RESOURCE AND REFERRAL AGENCIES. This division 17 relates to the grants administered by the department for child 18 care resource and referral agencies in Code section 237A.26. 19 The department’s responsibilities for the program are revised 20 so that the department is responsible for the program funding 21 rather than the program itself. A requirement to facilitate 22 establishment of the regional agencies based on child 23 population is removed. A requirement in current law focusing 24 services on child care homes and registered child development 25 homes is expanded to include child care facilities, which 26 brings in child care centers. A restriction that grantees must 27 either be a nonprofit or public agency is removed. 28 The bill makes the current 25 percent matching funds 29 requirement for a grantee discretionary, to be determined by 30 the department. The current list of services required to be 31 provided by a grantee is made selective. The requirement for a 32 grantee to designate funding for a substitute caregiver program 33 for when a provider is unable to provide care is eliminated. 34 GUARDIAN AND CONSERVATOR TRAINING —— FOSTER HOME INSURANCE 35 -7- LSB 1223DP (6) 84 jp/nh 7/ 9
S.F. _____ H.F. _____ FUND. This division amends Code section 237.13, requiring 1 the department to administer the foster home insurance fund. 2 The provisions in subsections 1 and 5 providing eligibility 3 for coverage to voluntary guardians, low-income wards, or 4 conservators appointed under Code chapter 633 are eliminated. 5 Code section 217.40, requiring the department to establish 6 training programs to assist all appointed guardians and 7 conservators in understanding their fiduciary duties and 8 liabilities, the special needs of the ward, and how to best 9 serve the ward and the ward’s interests, is repealed. 10 EARNED INCOME TAX CREDIT INFORMATION. This division revises 11 the department’s responsibilities regarding provision of 12 information to the departmental clients concerning the earned 13 income tax credit. A requirement for the department to send 14 an informational mailing regarding the credit and assistive 15 resources to clients in January each year is eliminated along 16 with a proviso that the required mailing does not have to be a 17 separate mailing. 18 UNIT FOR SEXUALLY VIOLENT PREDATORS —— BARBERING LICENSE 19 EXEMPTION. This division amends Code section 158.2, relating 20 to persons exempted from the barbering licensing requirements. 21 The amendment adds to the list of persons a person committed to 22 the custody of the director of the department of human services 23 in the unit for sexually violent predators who cuts the hair or 24 trims or shaves the beard of any other person within the unit, 25 without receiving direct compensation from the person receiving 26 the service. 27 ADOPTION PLACEMENT INVESTIGATIONS AND REPORTS. This 28 division relates to adoption placement investigations and 29 reports performed by the department under Code section 600.8. 30 Current law allows the department to investigate any voluntary 31 adoption placement made or adoption petition filed under Code 32 chapters 600 and 600A and requires such investigation when 33 ordered by the juvenile court or court. Under the bill, the 34 juvenile court-ordered investigation requirement is maintained 35 -8- LSB 1223DP (6) 84 jp/nh 8/ 9
S.F. _____ H.F. _____ and the court-ordered requirement is removed. 1 RETAINING CHILD IN NEED OF ASSISTANCE COMPLAINT INFORMATION. 2 This division amends Code section 232.81 to remove a 3 restriction prohibiting a person or agency from maintaining 4 records of child in need of assistance complaints that were 5 dismissed without the filing of a petition. 6 REGISTRY ACCESS —— CERTIFIED NURSE AIDES AND JUVENILE 7 SHELTER AND DETENTION FACILITY VOLUNTEERS. This division 8 amends Code section 232.142, relating to juvenile shelter and 9 detention homes, Code section 235A.15, relating to access to 10 child abuse registry information, and Code section 235B.6, 11 relating to dependent adult abuse registry information. Access 12 is provided for the administrator of a certified nurse aide 13 program, if the data relates to a record check of a student 14 of the program performed pursuant to Code section 135C.33, 15 and for the administrator of a juvenile detention or shelter 16 care home, if the data pertains to an existing or prospective 17 employee, resident, or volunteer for or in the home. Current 18 law authorizes the checks for persons employed by or residing 19 in such homes but provides the registry access through other 20 Code provisions. 21 MEDICAID FAMILY PLANNING SERVICES. This division amends 22 Code section 249A.3, relating to eligibility for the medical 23 assistance (Medicaid) program, by revising an existing optional 24 category. The amendment removes a restriction limiting 25 eligibility for family planning services under a federally 26 approved demonstration waiver to only women. 27 -9- LSB 1223DP (6) 84 jp/nh 9/ 9