SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF HUMAN SERVICES BILL)

A BILL FOR

An Act relating to requirements of the department of human services involving individuals and families.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

CHILD CARE RESOURCE AND REFERRAL AGENCIES
   Section 1.  Section 237A.26, Code 2011, is amended to read as follows:
   237A.26  Statewide resource and referral services —— grants.
   1.  The department shall administer the funding for a statewide grant program for child care resource and referral services.Grants shall only be awarded to community-based nonprofit incorporated agencies and public agencies. Grants shall be awarded to facilitate the establishment of regional resource and referral agencies throughout the state, based upon the distribution of the child population in the state.
   2.  The department shall provide oversight of and annually evaluate an agency which is awarded a grant to provide resource and referral services to a region.  For the purposes of this section,“agency” means an incorporated nonprofit agency, public agency, or private company.
   3.  An agency which receives a grant to provide resource and referral services shall perform both of the following functions:
   a.  Organize assistance to child care homes and child development homes care facilities utilizing training levels based upon the homes’ child care providers’ degrees of experience and interest.
   b.  Operate in partnership with both public and private interests and coordinate resource and referral services with existing community services.
   4.  An agency, to be eligible to receive a grant to provide resource and referral services, must may be required by the department to match the grant with financial resources equal to at least twenty-five percent of the amount of the grant. The financial resources may include a private donation, an in-kind contribution, or a public funding source other than a separate state grant for child care service improvement.
   5.  An agency, to be eligible to receive a grant to provide resource and referral services, must have a board of directors if the agency is an incorporated nonprofit agency or must have an advisory board if the agency is a public agency or private company, to oversee the provision of resource and referral services. The board shall include providers, consumers, and other persons interested in the provision or delivery of child care services.
   6.  An agency which receives a child care resource and referral grant shall may be awarded funding to provide all various child care-related services, which may include but are not limited to any of the following services:
   a.  Assist families in selecting quality child care. The agency must provide referrals to registered and licensed child care facilities, and to persons providing care, supervision, and guidance of a child which is not defined as child care under section 237A.1 and may provide referrals to unregistered providers.
   b.  Assist child care providers in adopting appropriate program and business practices to provide quality child care services.
   c.  Provide information to the public regarding the availability of child care services in the communities within the agency’s region.
   d.  Actively encourage the development of new and expansion of existing child care facilities in response to identified community needs.
   e.  Provide specialized services to employers, including the provision of resource and referral services to employee groups identified by the employer and the provision of technical assistance to develop employer-supported child care programs. The specialized services may include but are not limited to working with employers to identify networks of recommended registered and licensed child care providers for employee groups and to implement employer-supported quality improvement initiatives among the network providers.
   f.  Refer eligible child care facilities to the federal child care food programs.
   g.  Loan toys, other equipment, and resource materials to child care facilities.
   h.  Administer funding designated within the grant to provide a substitute caregiver program for registered child development homes to provide substitute child care in a home when the home provider is ill, on vacation, receiving training, or is otherwise unable to provide the care.
   7.  The department may contract with an agency receiving a child care resource and referral grant to perform any of the following functions relating to publicly funded services providing care, supervision, and guidance of a child:
   a.  Determine an individual’s eligibility for the services in accordance with income requirements.
   b.  Administer a voucher, certificate, or other system for reimbursing an eligible provider of the services.
   8.  For purposes of improving the quality and consistency of data collection, consultation, and other support to child care home and child development home providers, a resource and referral services agency grantee shall coordinate and assist with publicly and privately funded efforts administered at the community level to provide the support. The support and efforts addressed by a grantee may include but are not limited to community-funded child care home and child development home consultants. Community members involved with the assistance may include but are not limited to the efforts of an early childhood Iowa area board under chapter 256I, and of community representatives of education, health, human services, business, faith, and public interests.

DIVISION II

GUARDIAN AND CONSERVATOR TRAINING —— FOSTER HOME INSURANCE FUND
   Sec. 2.  Section 237.13, subsection 1, Code 2011, is amended to read as follows:
   1.  For the purposes of this section,“foster home” means either of the following:
   a.  An an individual, as defined in section 237.1, subsection 7, who is licensed to provide child foster care and shall also be known as a “licensed foster home”.
   b.  A guardian appointed on a voluntary petition pursuant to section 232.178, or a voluntary petition of a ward pursuant to section 633.557, or a conservator appointed on a voluntary petition of a ward pursuant to section 633.572, provided the ward has an income that does not exceed one hundred fifty percent of the current federal office of management and budget poverty guidelines and who does not have resources in excess of the criteria for resources under the federal supplemental security income program. However, the ward’s ownership of one residence and one vehicle shall not be considered in determining resources.
   Sec. 3.  Section 237.13, subsection 5, Code 2011, is amended by striking the subsection.
   Sec. 4.  REPEAL.  Section 217.40, Code 2011, is repealed.

DIVISION III

EARNED INCOME TAX CREDIT INFORMATION
   Sec. 5.  Section 217.36, Code 2011, is amended to read as follows:
   217.36Distribution Provision of earned income tax credit information.
   1.  The department shall ensure that educational materials relating to the federal and state earned income tax credits are provided in accordance with this section to each household receiving assistance or benefits under:
   a.  The hawk-i program under chapter 514I.
   b.  The family investment program under chapter 239B.
   c.  The medical assistance Act under chapter 249A.
   d.  The food and food assistance programs defined in section 234.1 which are administered by the department.
   e.  Any other appropriate programs administered by, or under the oversight of, the department of human services.
   2.  The department shall, by mail or through the internet, provide a household described in subsection 1 with access to:
   a.  Internal revenue service publications relating to the federal earned income tax credit.
   b.  Department of revenue publications relating to the state earned income tax credit.
   c.  Information prepared by tax preparers who provide volunteer or free federal or state income tax preparation services to low-income and other eligible persons and who are located in close geographic proximity to the person.
   3.  In January of each year, the department or a representative of the department shall mail to each household described in subsection 1 information about the federal and state earned income tax credit that provides the household with referrals to the resources described in subsection 2.
   4.  The mailings required by the department under this section do not have to be made as a separate mailing but may be included in existing mailings being made to the appropriate households.

DIVISION IV

UNIT FOR SEXUALLY VIOLENT PREDATORS —— BARBERING LICENSE EXEMPTION
   Sec. 6.  Section 158.2, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  8.  Persons committed pursuant to chapter 229A to the custody of the director of the department of human services in the unit for sexually violent predators who cut the hair or trim or shave the beard of any other person within the unit, without receiving direct compensation from the person receiving the service.

DIVISION V

ADOPTION PLACEMENT INVESTIGATIONS AND REPORTS
   Sec. 7.  Section 600.8, subsection 9, Code 2011, is amended to read as follows:
   9.  The department may investigate, on its own initiative or on order of the juvenile court or court, any placement made or adoption petition filed under this chapter or chapter 600A and may report its resulting recommendation to the juvenile court or court.

DIVISION VI

RETAINING CHILD IN NEED OF ASSISTANCE COMPLAINT INFORMATION
   Sec. 8.  Section 232.81, subsection 4, Code 2011, is amended by striking the subsection.

DIVISION VII

REGISTRY ACCESS —— CERTIFIED NURSE AIDES AND JUVENILE SHELTER AND DETENTION FACILITY VOLUNTEERS
   Sec. 9.  Section 232.142, subsection 4, Code 2011, is amended to read as follows:
   4.  The director shall adopt minimal rules and standards for the establishment, maintenance, and operation of such homes as shall be necessary to effect the purposes of this chapter. The rules shall apply the requirements of section 237.8, concerning employment and evaluation of persons with direct responsibility for a child or with access to a child when the child is alone and persons residing in a child foster care facility, to persons employed by,or residing in, or volunteering for a home approved under this section. The director shall, upon request, give guidance and consultation in the establishment and administration of the homes and programs for the homes.
   Sec. 10.  Section 235A.15, subsection 2, paragraph e, Code 2011, is amended by adding the following new subparagraphs:
   NEW SUBPARAGRAPH.  (20)  To the administrator of a certified nurse aide program, if the data relates to a record check of a student of the program performed pursuant to section 135C.33.
   NEW SUBPARAGRAPH.  (21)  To the administrator of a juvenile detention or shelter care home, if the data relates to a record check of an existing or prospective employee, resident, or volunteer for or in the home.
   Sec. 11.  Section 235B.6, subsection 2, paragraph e, Code 2011, is amended by adding the following new subparagraphs:
   NEW SUBPARAGRAPH.  (16)  To the administrator of a certified nurse aide program, if the data relates to a record check of a student of the program performed pursuant to section 135C.33.
   NEW SUBPARAGRAPH.  (17)  To the administrator of a juvenile detention or shelter care home, if the data relates to a record check of an existing or prospective employee, resident, or volunteer for or in the home.

DIVISION VIII

MEDICAID FAMILY PLANNING SERVICES
   Sec. 12.  Section 249A.3, subsection 2, paragraph a, subparagraph (10), Code 2011, is amended to read as follows:
   (10)  Women Individuals eligible for family planning services under a federally approved demonstration waiver.
EXPLANATION
   This bill relates to the department of human services. It is organized into divisions.
   CHILD CARE RESOURCE AND REFERRAL AGENCIES. This division relates to the grants administered by the department for child care resource and referral agencies in Code section 237A.26. The department’s responsibilities for the program are revised so that the department is responsible for the program funding rather than the program itself. A requirement to facilitate establishment of the regional agencies based on child population is removed. A requirement in current law focusing services on child care homes and registered child development homes is expanded to include child care facilities, which brings in child care centers. A restriction that grantees must either be a nonprofit or public agency is removed.
   The bill makes the current 25 percent matching funds requirement for a grantee discretionary, to be determined by the department. The current list of services required to be provided by a grantee is made selective. The requirement for a grantee to designate funding for a substitute caregiver program for when a provider is unable to provide care is eliminated.
   GUARDIAN AND CONSERVATOR TRAINING —— FOSTER HOME INSURANCE FUND. This division amends Code section 237.13, requiring the department to administer the foster home insurance fund. The provisions in subsections 1 and 5 providing eligibility for coverage to voluntary guardians, low-income wards, or conservators appointed under Code chapter 633 are eliminated.
   Code section 217.40, requiring the department to establish training programs to assist all appointed guardians and conservators in understanding their fiduciary duties and liabilities, the special needs of the ward, and how to best serve the ward and the ward’s interests, is repealed.
   EARNED INCOME TAX CREDIT INFORMATION. This division revises the department’s responsibilities regarding provision of information to the departmental clients concerning the earned income tax credit. A requirement for the department to send an informational mailing regarding the credit and assistive resources to clients in January each year is eliminated along with a proviso that the required mailing does not have to be a separate mailing.
   UNIT FOR SEXUALLY VIOLENT PREDATORS —— BARBERING LICENSE EXEMPTION. This division amends Code section 158.2, relating to persons exempted from the barbering licensing requirements. The amendment adds to the list of persons a person committed to the custody of the director of the department of human services in the unit for sexually violent predators who cuts the hair or trims or shaves the beard of any other person within the unit, without receiving direct compensation from the person receiving the service.
   ADOPTION PLACEMENT INVESTIGATIONS AND REPORTS. This division relates to adoption placement investigations and reports performed by the department under Code section 600.8. Current law allows the department to investigate any voluntary adoption placement made or adoption petition filed under Code chapters 600 and 600A and requires such investigation when ordered by the juvenile court or court. Under the bill, the juvenile court-ordered investigation requirement is maintained and the court-ordered requirement is removed.
   RETAINING CHILD IN NEED OF ASSISTANCE COMPLAINT INFORMATION.  This division amends Code section 232.81 to remove a restriction prohibiting a person or agency from maintaining records of child in need of assistance complaints that were dismissed without the filing of a petition.
   REGISTRY ACCESS —— CERTIFIED NURSE AIDES AND JUVENILE SHELTER AND DETENTION FACILITY VOLUNTEERS. This division amends Code section 232.142, relating to juvenile shelter and detention homes, Code section 235A.15, relating to access to child abuse registry information, and Code section 235B.6, relating to dependent adult abuse registry information. Access is provided for the administrator of a certified nurse aide program, if the data relates to a record check of a student of the program performed pursuant to Code section 135C.33, and for the administrator of a juvenile detention or shelter care home, if the data pertains to an existing or prospective employee, resident, or volunteer for or in the home. Current law authorizes the checks for persons employed by or residing in such homes but provides the registry access through other Code provisions.
   MEDICAID FAMILY PLANNING SERVICES. This division amends Code section 249A.3, relating to eligibility for the medical assistance (Medicaid) program, by revising an existing optional category. The amendment removes a restriction limiting eligibility for family planning services under a federally approved demonstration waiver to only women.