H.F. 134 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 1319HH (4) 88 hb/rh 1/ 4

H.F. 134 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. If a child receiving foster care is provided an education 13 through competent private instruction pursuant to chapter 299A, 14 the foster parent shall coordinate an educational plan with the 15 home school assistance program within the school district in 16 which the foster parent resides. 17 3. A child receiving foster care provided by the department 18 who is fourteen years of age or older shall be provided the 19 opportunity to meet with the child’s caseworker to review the 20 child’s case permanency plan. 21 4. A child receiving foster care provided by the department 22 who is twelve years of age or older shall receive information 23 pertaining to any applicable grievance policies and procedures 24 of any state or private agency involved with the child’s care. 25 If the child files a grievance, the child shall have assistance 26 in the filing and presentation of the grievance. 27 5. A child who gives birth while receiving foster care 28 provided by the department shall be allowed to exercise 29 parental rights for the baby. 30 6. A foster parent licensed by the department shall be 31 prohibited from the use of corporal punishment on a foster 32 child. 33 Sec. 4. NEW SECTION . 232.200 Children adopted from foster 34 care —— rights and entitlements. 35 -2- LSB 1319HH (4) 88 hb/rh 2/ 4

H.F. 134 1. For purposes of this section, “child adopted from foster 1 care” means a child adopted from foster care by any of the 2 following: 3 a. A person who has previously provided foster care for the 4 child. 5 b. A person who has previously provided foster care for a 6 child other than the child who is adopted. 7 c. A person who is a biological relative of the child. 8 d. A person who receives an adoption subsidy or state 9 medical coverage for the care of the child. 10 2. A child adopted from foster care shall not be subject to 11 any of the following: 12 a. Corporal punishment. 13 b. Unreasonable restraint. 14 c. Physical abuse. 15 d. Denial of critical care. 16 e. Sexual abuse. 17 f. Emotional abuse. 18 g. Any abuse relating to an adopted parent’s substance 19 abuse. 20 h. Sex or human trafficking. 21 3. A child adopted from foster care shall be entitled to all 22 of the following: 23 a. The provision of private medical insurance or state or 24 federal medical insurance coverage. 25 b. The provision of medical, dental, vision, mental health, 26 and behavioral health care and services for which the child 27 qualifies, in a timely manner. 28 c. Medical and dental examination at least once a year. 29 4. a. A child adopted from foster care is entitled to 30 educational stability and an education consistent with the 31 child’s age and developmental level and in a manner consistent 32 with state law. 33 b. If a child adopted from foster care is provided an 34 education through competent private instruction pursuant 35 -3- LSB 1319HH (4) 88 hb/rh 3/ 4

H.F. 134 to chapter 299A, the adoptive parent shall coordinate an 1 educational plan with the home school assistance program within 2 the school district in which the adoptive parent resides. 3 Sec. 5. NEW SECTION . 232.201 Rules. 4 The department shall adopt rules pursuant to chapter 17A to 5 administer the provisions of this division. 6 Sec. 6. NEW SECTION . 232.202 Construction. 7 This division shall be liberally construed to promote its 8 underlying purposes. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill creates a bill of rights and entitlements for 13 foster care children and children adopted from foster care. 14 The bill provides that children receiving foster care 15 provided by the department of human services and children 16 adopted from foster care are entitled to certain rights and 17 services including but not limited to access to medical care, 18 education, familial, and caseworker services. 19 The bill provides a child 12 years of age or older is 20 required to be provided information pertaining to any 21 applicable grievance policies and procedure of any state or 22 private agency involved with the child’s case. The bill 23 provides if a child gives birth while receiving foster care 24 provided by the department, the child shall be allowed to 25 exercise parental rights for the baby. The bill further 26 provides if a child adopted from foster care is receiving an 27 education provided through competent private instruction, 28 the adoptive parent is required to coordinate an educational 29 plan with the home school assistance program within the school 30 district in which the adoptive parent resides. 31 -4- LSB 1319HH (4) 88 hb/rh 4/ 4