House File 2252 - Introduced HOUSE FILE 2252 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HSB 616) A BILL FOR An Act relating to programs and services under the purview 1 of the department of human services including child 2 care assistance, child and family services, foster care, 3 adoption, and the dependent adult abuse information 4 registry. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5235HV (1) 89 dg/rh
H.F. 2252 DIVISION I 1 STATE CHILD CARE ASSISTANCE PROGRAM ELIGIBILITY 2 Section 1. Section 237A.13, subsection 1, paragraph d, Code 3 2022, is amended to read as follows: 4 d. The child’s parent, guardian, or custodian is absent 5 for a limited period of time due to hospitalization, physical 6 illness, or mental illness, or is present but is unable to care 7 for the child for a limited period as verified by a physician. 8 DIVISION II 9 CHILD AND FAMILY SERVICES —— FOSTER CARE SERVICE PAYMENTS 10 Sec. 2. Section 234.1, subsection 2, Code 2022, is amended 11 by striking the subsection and inserting in lieu thereof the 12 following: 13 2. “Child” means either a person less than eighteen years of 14 age or a person eighteen, nineteen, or twenty years of age who 15 meets all of the following conditions: 16 a. The person was placed by court order issued pursuant 17 to chapter 232 in foster care or in an institution listed in 18 section 218.1 and either of the following situations apply to 19 the person: 20 (1) After reaching eighteen years of age, the person 21 has remained continuously and voluntarily under the care 22 of an individual, as defined in section 237.1, licensed to 23 provide foster care pursuant to chapter 237 or in a supervised 24 apartment living arrangement, in this state. 25 (2) The person aged out of foster care after reaching 26 eighteen years of age and subsequently voluntarily applied for 27 placement with an individual, as defined in section 237.1, 28 licensed to provide foster care pursuant to chapter 237 or for 29 placement in a supervised apartment living arrangement, in this 30 state. 31 b. The person has demonstrated a willingness to participate 32 in case planning and to complete the responsibilities 33 prescribed in the person’s case permanency plan. 34 c. The department has made an application for the person 35 -1- LSB 5235HV (1) 89 dg/rh 1/ 8
H.F. 2252 for adult services upon a determination that it is likely the 1 person will need or be eligible for services or other support 2 from the adult services system. 3 Sec. 3. Section 234.35, subsection 3, Code 2022, is amended 4 to read as follows: 5 3. Payment for foster care services provided to a child 6 who is eighteen years of age or older shall be limited to the 7 following: 8 a. For a child who is eighteen years of age, family foster 9 care or independent living arrangements Supervised apartment 10 living arrangements and individuals, as defined in section 11 237.1, licensed to provide foster care pursuant to chapter 237, 12 in this state . 13 b. For a child who is nineteen years of age, independent 14 living arrangements. 15 c. For a child who is at imminent risk of becoming 16 homeless or failing to graduate from high school or to obtain 17 a general education development diploma, if the services are 18 in the child’s best interests interest , funding is available 19 for the services, and an appropriate alternative service is 20 unavailable. 21 Sec. 4. Section 234.35, subsection 4, Code 2022, is amended 22 by striking the subsection. 23 Sec. 5. Section 237.15, subsection 2, unnumbered paragraph 24 1, Code 2022, is amended to read as follows: 25 “Child receiving foster care” means a child defined in 26 section 234.1 who is described by any of the following 27 circumstances: 28 DIVISION III 29 ADOPTION 30 Sec. 6. Section 600.5, Code 2022, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 9A. If the parents of the person to be 33 adopted had their parental rights terminated pursuant to 34 chapter 232, the petition shall included the names of any known 35 -2- LSB 5235HV (1) 89 dg/rh 2/ 8
H.F. 2252 siblings placed separately from the person to be adopted and 1 either the plan for ongoing contact between the siblings if 2 a court found that continued contact is in the best interest 3 of each sibling or a statement that the court found continued 4 contact between the siblings is not in the best interest of 5 each sibling. 6 Sec. 7. Section 600.6, Code 2022, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 2A. If parental rights were terminated 9 pursuant to chapter 232, a copy of any court orders concerning 10 whether ongoing contact between siblings not placed with the 11 person to be adopted is in the best interest of each sibling. 12 Sec. 8. Section 600.8, subsection 1, paragraph a, Code 2022, 13 is amended by adding the following new subparagraph: 14 NEW SUBPARAGRAPH . (4) Whether the minor person to be 15 adopted was the subject of a termination of parental rights 16 proceeding pursuant to chapter 232, whether there are siblings 17 not placed with the minor person to be adopted, and whether, if 18 there are siblings, there is an ongoing relationship between 19 the siblings and the minor child to be adopted or a court order 20 finding contact between the siblings is in the best interest of 21 each sibling. 22 Sec. 9. Section 600.11, subsection 2, paragraph a, Code 23 2022, is amended by adding the following new subparagraph: 24 NEW SUBPARAGRAPH . (7) Any siblings of the person to be 25 adopted due to either an ongoing relationship or a court 26 finding that ongoing contact with the person to be adopted 27 is in the best interest of each sibling if the person to be 28 adopted was a minor child when the minor child’s parents had 29 their parental rights terminated pursuant to chapter 232 and 30 the person to be adopted and the person’s siblings were not 31 placed together. 32 Sec. 10. Section 600.16A, subsection 2, Code 2022, is 33 amended by adding the following new paragraph: 34 NEW PARAGRAPH . e. Subject to section 235A.15, the juvenile 35 -3- LSB 5235HV (1) 89 dg/rh 3/ 8
H.F. 2252 court or court shall order the opening of the permanent 1 adoption record of the juvenile court or court, the permanent 2 termination of parental rights record under chapter 232, or 3 both, pertaining to an adopted person who is an adult, upon 4 request of the adopted person if the parents of the adopted 5 person had their parental rights terminated pursuant to chapter 6 232. 7 DIVISION IV 8 DEPENDENT ADULT ABUSE INFORMATION REGISTRY —— DISCLOSURE OF 9 INFORMATION 10 Sec. 11. Section 235B.3, Code 2022, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 8A. If, in the course of assessment, 13 evaluation, or investigation of a report of dependent adult 14 abuse, the department determines that disclosure is necessary 15 for the protection of a dependent adult’s resources, the 16 department may disclose the initiation and status of the 17 dependent adult abuse evaluation to the dependent adult’s bank, 18 savings association, credit union, broker-dealer as defined in 19 section 502.102, subsection 4, investment advisor as defined 20 in section 502.102, subsection 15, financial advisor, or other 21 financial institution, or the administrator as defined in 22 section 502.102, subsection 1. 23 Sec. 12. Section 235B.6, subsection 2, paragraph e, Code 24 2022, is amended by adding the following new subparagraphs: 25 NEW SUBPARAGRAPH . (20) To a bank, savings association, 26 credit union, broker-dealer as defined in section 502.102, 27 subsection 4, investment advisor as defined in section 28 502.102, subsection 15, financial advisor, or other financial 29 institution as deemed necessary by the department to protect 30 the dependent adult’s resources. 31 NEW SUBPARAGRAPH . (21) To the social security 32 administration. 33 NEW SUBPARAGRAPH . (22) To the administrator as defined in 34 section 502.102, subsection 1. 35 -4- LSB 5235HV (1) 89 dg/rh 4/ 8
H.F. 2252 Sec. 13. Section 235B.6, subsection 3, Code 2022, is amended 1 to read as follows: 2 3. Access to unfounded dependent adult abuse information is 3 authorized only to those persons identified in subsection 2 , 4 paragraph “a” , paragraph “b” , subparagraphs (2), (5), and (6), 5 and paragraph “e” , subparagraphs (2), (5), and (10) , (20), (21), 6 and (22) . 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to programs and services under the purview 11 of the department of human services including child care 12 assistance, child and family services, foster care, adoption, 13 and the dependent adult abuse information registry. 14 STATE CHILD CARE ASSISTANCE ELIGIBILITY. Division I relates 15 to the state child care assistance (CCA) program. The CCA 16 assists families in the payment of child care if the families 17 meet certain eligibility guidelines. One circumstance is 18 when a child’s parent, guardian, or custodian is absent for 19 a limited period of time due to hospitalization, physical 20 illness, or mental illness, or is present but is unable to 21 care for the child for a limited period of time as verified 22 by a physician. The bill eliminates the limited time period 23 restriction for this circumstance. 24 CHILD AND FAMILY SERVICES FOSTER CARE SERVICE PAYMENTS. 25 Division II relates to youth aging out of foster care. The 26 bill changes the definition of “child” for the purposes of 27 Code chapter 234 (child and family services) to mean either 28 a person less than 18 years of age or a person 18, 19, or 20 29 years of age who was placed by court order issued pursuant 30 to Code chapter 232 (juvenile justice) in foster care or in 31 an institution under the control, management, direction, and 32 operation of the department of human services (DHS) and has 33 either, after reaching 18 years of age, remained continuously 34 and voluntarily placed with an individual licensed to provide 35 -5- LSB 5235HV (1) 89 dg/rh 5/ 8
H.F. 2252 foster care pursuant to Code chapter 237 or in a supervised 1 apartment living arrangement in Iowa, or left foster care 2 after reaching 18 years of age but returned voluntarily for 3 placement with an individual licensed to provide foster care 4 or in a supervised apartment living arrangement in Iowa; the 5 person has demonstrated a willingness to participate in case 6 planning and to complete the responsibilities prescribed in the 7 person’s case permanency plan; and DHS has made an application 8 for the person for adult services upon a determination that it 9 is likely the person will need or be eligible for services or 10 other support from the adult services system. 11 The bill limits payment for foster care services provided to 12 a child who is 18 years of age or older to supervised apartment 13 living arrangements and individuals licensed to provide foster 14 care in Iowa. Under current law, the state is only allowed to 15 pay for family foster care or independent living arrangements 16 for foster care services for a child who is 18 years of age; 17 independent living arrangements for a child who is 19 years of 18 age; and any foster care service provider for a child who is 19 at imminent risk of becoming homeless or failing to graduate 20 from high school or to obtain a general education development 21 diploma, if the services are in the child’s best interest, 22 funding is available for the services, and an appropriate 23 alternative service is unavailable. 24 The bill eliminates the requirement that DHS report annually 25 to the governor and general assembly by January 1 certain 26 information relating to the numbers of children for whom the 27 state paid independent living services during the immediately 28 preceding fiscal year. 29 ADOPTION. Division III relates to adoption. The bill 30 requires, if the parents of a person to be adopted had their 31 parental rights terminated, a petition for adoption to include 32 the names of any known siblings placed separately from the 33 person to be adopted and either the plan for ongoing contact 34 between the siblings if a court found that continued contact 35 -6- LSB 5235HV (1) 89 dg/rh 6/ 8
H.F. 2252 is in the best interest of each sibling or a statement that the 1 court has found continued contact between the siblings is not 2 in the best interest of each sibling. 3 The bill requires, if the parents of a person to be adopted 4 had their parental rights terminated, a petition for adoption 5 to include a copy of any court orders concerning whether 6 ongoing contact between the person to be adopted and any 7 siblings not placed with the person is in the best interest of 8 each sibling. 9 The bill requires a preplacement investigation report 10 to provide information as to whether, if the parents of 11 a prospective adoptive child had their parental rights 12 terminated, there are siblings who have not been placed with 13 a minor child to be adopted and whether there is an ongoing 14 relationship between the siblings or a court order finding 15 contact between the siblings is in the best interest of each 16 sibling. 17 The bill requires an adoption petitioner to provide notice 18 of an adoption hearing to any siblings of the person to be 19 adopted due to either an ongoing relationship or a court 20 finding that ongoing contact is in the best interest of each 21 sibling, if the person to be adopted was a minor child when the 22 minor child’s parents had their parental rights terminated and 23 the person to be adopted and the person’s siblings were not 24 placed together. 25 The bill requires a juvenile court or court to order the 26 opening of the juvenile court or court’s permanent adoption 27 record, permanent termination of parental rights record, or 28 both, relating to an adopted person who is an adult, upon 29 request of the adopted person if the parents of the adopted 30 person had their parental rights terminated. 31 DEPENDENT ADULT ABUSE PROTECTIVE SERVICES. Division IV 32 relates to dependent adult abuse protective services. Under 33 current law, if DHS receives an allegation of dependent 34 adult abuse, DHS will investigate the allegation and create 35 -7- LSB 5235HV (1) 89 dg/rh 7/ 8
H.F. 2252 a dependent adult abuse report. The bill allows DHS, during 1 the course of an assessment, evaluation, or investigation of a 2 report of dependent adult abuse, to disclose the initiation and 3 status of the dependent adult abuse evaluation to the dependent 4 adult’s bank, savings association, credit union, security 5 administrator, broker-dealer, investment advisor, financial 6 advisor, or other financial institution, or the commissioner 7 of insurance or the commissioner’s deputy if DHS reasonably 8 determines that such disclosure is necessary for the protection 9 of a dependent adult’s resources. 10 The bill authorizes a bank, savings association, credit 11 union, security administrator, broker-dealer, investment 12 advisor, financial advisor, other financial institution, the 13 commissioner of insurance, or the commissioner’s deputy, and 14 the social security administration to have access to founded 15 dependent adult abuse information of a dependent adult if 16 deemed necessary by DHS to protect the dependent adult’s 17 resources. 18 The bill authorizes the social security administration and 19 the commissioner of insurance and the commissioner’s deputy 20 access to founded dependent adult abuse information. 21 The bill makes a nonsubstantive change to Code section 22 237.15 (foster care review). 23 -8- LSB 5235HV (1) 89 dg/rh 8/ 8