House File 2288 - Introduced HOUSE FILE 2288 BY ANDERSON , WOLFE , KACENA , MASCHER , KURTH , LENSING , WINCKLER , STECKMAN , and KEARNS A BILL FOR An Act creating a foster care children and adopted children 1 bill of rights and entitlements. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5237HH (5) 87 hb/rh

H.F. 2288 Section 1. NEW SECTION . 232.197 Short title. 1 This division shall be known as the “Foster Care and Adopted 2 Children’s Rights Act” . 3 Sec. 2. NEW SECTION . 232.198 Scope. 4 The rights and entitlements enumerated in this division 5 shall apply to a child receiving foster care provided by the 6 department and a child adopted from foster care. 7 Sec. 3. NEW SECTION . 232.199 Foster care children —— rights 8 and entitlements. 9 1. A child receiving foster care provided by the department 10 shall be entitled to all of the following: 11 a. Treatment with fairness, dignity, and respect. 12 b. Freedom from discrimination because of race, creed, 13 color, sex, sexual orientation, religion, ancestry, disability, 14 national origin, age, or gender identity. 15 c. An education consistent with the child’s age and 16 developmental level and in a manner consistent with state 17 regulations. 18 d. Nourishment appropriate and adequate for the child’s 19 continued healthy growth. 20 e. Access to clean, seasonal, age, and gender appropriate 21 clothing. 22 f. Mental and behavioral health services. 23 g. Substance abuse addiction services. 24 h. Medical and dental examinations at least once a year. 25 i. Appropriate medical, dental, and vision care. 26 j. Placement in the most appropriate, least restrictive, and 27 most family-like setting that is safe, healthy, comfortable, 28 and that meets the best interests and special needs of the 29 child. 30 k. The option to either participate in or not participate in 31 religious observances and activities of the child’s biological 32 family if such participation or nonparticipation can be 33 reasonably accommodated. 34 l. To live in a community environment that maintains, 35 -1- LSB 5237HH (5) 87 hb/rh 1/ 4

H.F. 2288 honors, and reflects the culture of the child’s biological 1 family, whenever possible. 2 m. To meet as necessary with the child’s guardian ad litem, 3 if applicable. 4 n. To visit and communicate with the child’s biological 5 family members as frequently as possible consistent with the 6 child’s case permanency plan unless prohibited by court order. 7 o. The opportunity to participate in extracurricular, 8 cultural, and personal enrichment activities, if reasonably 9 possible. 10 p. Confidentiality of the child’s information and records 11 consistent with state and federal law. 12 2. A child receiving foster care provided by the department 13 who is fourteen years of age or older shall be provided the 14 opportunity to meet with the child’s caseworker to review the 15 child’s case permanency plan. 16 3. A child receiving foster care provided by the department 17 who is twelve years of age or older shall receive information 18 pertaining to any applicable grievance policies and procedures 19 of any state or private agency involved with the child’s care. 20 If the child files a grievance, the child shall have assistance 21 in the filing and presentation of the grievance. 22 4. A child who gives birth while receiving foster care 23 provided by the department shall be allowed to exercise 24 parental rights for the baby. 25 5. A foster parent licensed by the department shall be 26 prohibited from the use of corporal punishment on a foster 27 child. 28 Sec. 4. NEW SECTION . 232.200 Children adopted from foster 29 care —— rights and entitlements. 30 1. For purposes of this section, “child adopted from foster 31 care” means a child adopted from foster care by any of the 32 following: 33 a. A person who has previously provided foster care for the 34 child. 35 -2- LSB 5237HH (5) 87 hb/rh 2/ 4

H.F. 2288 b. A person who has previously provided foster care for a 1 child other than the child who is adopted. 2 c. A person who is a biological relative of the child. 3 d. A person who receives an adoption subsidy or state 4 medical coverage for the care of the child. 5 2. A child adopted from foster care shall not be subject to 6 any of the following: 7 a. Corporal punishment. 8 b. Unreasonable restraint. 9 c. Physical abuse. 10 d. Denial of critical care. 11 e. Sexual abuse. 12 f. Emotional abuse. 13 g. Any abuse relating to an adopted parent’s substance 14 abuse. 15 h. Sex or human trafficking. 16 3. A child adopted from foster care shall be entitled to all 17 of the following: 18 a. The provision of private medical insurance or state or 19 federal medical insurance coverage. 20 b. The provision of medical, dental, vision, mental health, 21 and behavioral health care and services for which the child 22 qualifies, in a timely manner. 23 c. Medical and dental examination at least once a year. 24 4. a. A child adopted from foster care is entitled to 25 educational stability and an education consistent with the 26 child’s age and developmental level and in a manner consistent 27 with state law. 28 b. If a child adopted from foster care is provided an 29 education through competent private instruction, the adoptive 30 parent shall coordinate an educational plan with the home 31 school coordinator within the school district in which the 32 adoptive parent resides. 33 Sec. 5. NEW SECTION . 232.201 Rules. 34 The department shall adopt rules pursuant to chapter 17A to 35 -3- LSB 5237HH (5) 87 hb/rh 3/ 4

H.F. 2288 administer the provisions of this division. 1 Sec. 6. NEW SECTION . 232.202 Construction. 2 This division shall be liberally construed to promote its 3 underlying purposes. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill creates a bill of rights and entitlements for 8 foster care children and children adopted from foster care. 9 The bill provides that children receiving foster care 10 provided by the department of human services and children 11 adopted from foster care are entitled to certain rights and 12 services including but not limited to access to medical care, 13 education, familial, and caseworker services. 14 The bill provides a child 12 years of age or older is 15 required to be provided information pertaining to any 16 applicable grievance policies and procedure of any state or 17 private agency involved with the child’s case. The bill 18 provides if a child gives birth while receiving foster care 19 provided by the department, the child shall be allowed to 20 exercise parental rights for the baby. The bill further 21 provides if a child adopted from foster care is receiving an 22 education provided through competent private instruction, the 23 adoptive parent is required to coordinate an educational plan 24 with the home school coordinator within the school district in 25 which the adoptive parent resides. 26 -4- LSB 5237HH (5) 87 hb/rh 4/ 4