SSB 3066 (LSB 5235XD (8) 89)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF HUMAN SERVICES BILL)

A BILL FOR

An Act relating to programs and services under the purview of the department of human services including child care assistance, child and family services, foster care, adoption, and the dependent adult abuse information registry.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
STATE CHILD CARE ASSISTANCE PROGRAM ELIGIBILITY

    Section 1.  Section 237A.13, subsection 1, paragraph d, Code 2022, is amended to read as follows:
   d.  The child’s parent, guardian, or custodian is absent for a limited period of time due to hospitalization, physical illness, or mental illness, or is present but is unable to care for the child for a limited period as verified by a physician.
DIVISION II
CHILD AND FAMILY SERVICES —— FOSTER CARE SERVICE PAYMENTS

    Sec. 2.  Section 234.1, subsection 2, Code 2022, is amended by striking the subsection and inserting in lieu thereof the following:
   2.  “Child” means either a person less than eighteen years of age or a person eighteen, nineteen, or twenty years of age who meets all of the following conditions:
   a.  The person was placed by court order issued pursuant to chapter 232 in foster care or in an institution listed in section 218.1 and either of the following situations apply to the person:
   (1)  After reaching eighteen years of age, the person has remained continuously and voluntarily under the care of an individual, as defined in section 237.1, licensed to provide foster care pursuant to chapter 237 or in a supervised apartment living arrangement, in this state.
   (2)  The person aged out of foster care after reaching eighteen years of age and subsequently voluntarily applied for placement with an individual, as defined in section 237.1, licensed to provide foster care pursuant to chapter 237 or for placement in a supervised apartment living arrangement, in this state.
   b.  The person has demonstrated a willingness to participate in case planning and to complete the responsibilities prescribed in the person’s case permanency plan.
   c.  The department has made an application for the person for adult services upon a determination that it is likely the person will need or be eligible for services or other support from the adult services system.
    Sec. 3.  Section 234.35, subsection 3, Code 2022, is amended to read as follows:
   3.  Payment for foster care services provided to a child who is eighteen years of age or older shall be limited to the following:
   a.  For a child who is eighteen years of age, family foster care or independent living arrangements Supervised apartment living arrangements and individuals, as defined in section 237.1, licensed to provide foster care pursuant to chapter 237, in this state.
   b.  For a child who is nineteen years of age, independent living arrangements.
   c.  For a child who is at imminent risk of becoming homeless or failing to graduate from high school or to obtain a general education development diploma, if the services are in the child’s best interests interest, funding is available for the services, and an appropriate alternative service is unavailable.
    Sec. 4.  Section 234.35, subsection 4, Code 2022, is amended by striking the subsection.
    Sec. 5.  Section 237.15, subsection 2, unnumbered paragraph 1, Code 2022, is amended to read as follows:
   “Child receiving foster care” means a child defined in section 234.1 who is described by any of the following circumstances:
DIVISION III
ADOPTION

    Sec. 6.  Section 600.5, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  9A.  If the parents of the person to be adopted had their parental rights terminated pursuant to chapter 232, the petition shall included the names of any known siblings placed separately from the person to be adopted and either the plan for ongoing contact between the siblings if a court found that continued contact is in the best interest of each sibling or a statement that the court found continued contact between the siblings is not in the best interest of each sibling.
    Sec. 7.  Section 600.6, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  If parental rights were terminated pursuant to chapter 232, a copy of any court orders concerning whether ongoing contact between siblings not placed with the person to be adopted is in the best interest of each sibling.
    Sec. 8.  Section 600.8, subsection 1, paragraph a, Code 2022, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  Whether the minor person to be adopted was the subject of a termination of parental rights proceeding pursuant to chapter 232, whether there are siblings not placed with the minor person to be adopted, and whether, if there are siblings, there is an ongoing relationship between the siblings and the minor child to be adopted or a court order finding contact between the siblings is in the best interest of each sibling.
    Sec. 9.  Section 600.11, subsection 2, paragraph a, Code 2022, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (7)  Any siblings of the person to be adopted due to either an ongoing relationship or a court finding that ongoing contact with the person to be adopted is in the best interest of each sibling if the person to be adopted was a minor child when the minor child’s parents had their parental rights terminated pursuant to chapter 232 and the person to be adopted and the person’s siblings were not placed together.
    Sec. 10.  Section 600.16A, subsection 2, Code 2022, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  Subject to section 235A.15, the juvenile court or court shall order the opening of the permanent adoption record of the juvenile court or court, the permanent termination of parental rights record under chapter 232, or both, pertaining to an adopted person who is an adult, upon request of the adopted person if the parents of the adopted person had their parental rights terminated pursuant to chapter 232.
DIVISION IV
DEPENDENT ADULT ABUSE INFORMATION REGISTRY —— DISCLOSURE OF INFORMATION

    Sec. 11.  Section 235B.3, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  8A.  If, in the course of assessment, evaluation, or investigation of a report of dependent adult abuse, the department determines that disclosure is necessary for the protection of a dependent adult’s resources, the department may disclose the initiation and status of the dependent adult abuse evaluation to the dependent adult’s bank, savings association, credit union, broker-dealer as defined in section 502.102, subsection 4, investment advisor as defined in section 502.102, subsection 15, financial advisor, or other financial institution, or the administrator as defined in section 502.102, subsection 1.
    Sec. 12.  Section 235B.6, subsection 2, paragraph e, Code 2022, is amended by adding the following new subparagraphs:
   NEW SUBPARAGRAPH.  (20)  To a bank, savings association, credit union, broker-dealer as defined in section 502.102, subsection 4, investment advisor as defined in section 502.102, subsection 15, financial advisor, or other financial institution as deemed necessary by the department to protect the dependent adult’s resources.
   NEW SUBPARAGRAPH.  (21)  To the social security administration.
   NEW SUBPARAGRAPH.  (22)  To the administrator as defined in section 502.102, subsection 1.
    Sec. 13.  Section 235B.6, subsection 3, Code 2022, is amended to read as follows:
   3.  Access to unfounded dependent adult abuse information is authorized only to those persons identified in subsection 2, paragraph “a”, paragraph “b”, subparagraphs (2), (5), and (6), and paragraph “e”, subparagraphs (2), (5), and (10), (20), (21), and (22).
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to programs and services under the purview of the department of human services including child care assistance, child and family services, foster care, adoption, and the dependent adult abuse information registry.
   STATE CHILD CARE ASSISTANCE ELIGIBILITY. Division I relates to the state child care assistance (CCA) program. The CCA assists families in the payment of child care if the families meet certain eligibility guidelines. One circumstance is when a child’s parent, guardian, or custodian is absent for a limited period of time due to hospitalization, physical illness, or mental illness, or is present but is unable to care for the child for a limited period of time as verified by a physician. The bill eliminates the limited time period restriction for this circumstance.
   CHILD AND FAMILY SERVICES FOSTER CARE SERVICE PAYMENTS. Division II relates to youth aging out of foster care. The bill changes the definition of “child” for the purposes of Code chapter 234 (child and family services) to mean either a person less than 18 years of age or a person 18, 19, or 20 years of age who was placed by court order issued pursuant to Code chapter 232 (juvenile justice) in foster care or in an institution under the control, management, direction, and operation of the department of human services (DHS) and has either, after reaching 18 years of age, remained continuously and voluntarily placed with an individual licensed to provide foster care pursuant to Code chapter 237 or in a supervised apartment living arrangement in Iowa, or left foster care after reaching 18 years of age but returned voluntarily for placement with an individual licensed to provide foster care or in a supervised apartment living arrangement in Iowa; the person has demonstrated a willingness to participate in case planning and to complete the responsibilities prescribed in the person’s case permanency plan; and DHS has made an application for the person for adult services upon a determination that it is likely the person will need or be eligible for services or other support from the adult services system.
   The bill limits payment for foster care services provided to a child who is 18 years of age or older to supervised apartment living arrangements and individuals licensed to provide foster care in Iowa. Under current law, the state is only allowed to pay for family foster care or independent living arrangements for foster care services for a child who is 18 years of age; independent living arrangements for a child who is 19 years of age; and any foster care service provider for a child who is at imminent risk of becoming homeless or failing to graduate from high school or to obtain a general education development diploma, if the services are in the child’s best interest, funding is available for the services, and an appropriate alternative service is unavailable.
   The bill eliminates the requirement that DHS report annually to the governor and general assembly by January 1 certain information relating to the numbers of children for whom the state paid independent living services during the immediately preceding fiscal year.
   ADOPTION. Division III relates to adoption. The bill requires, if the parents of a person to be adopted had their parental rights terminated, a petition for adoption to include the names of any known siblings placed separately from the person to be adopted and either the plan for ongoing contact between the siblings if a court found that continued contact is in the best interest of each sibling or a statement that the court has found continued contact between the siblings is not in the best interest of each sibling.
   The bill requires, if the parents of a person to be adopted had their parental rights terminated, a petition for adoption to include a copy of any court orders concerning whether ongoing contact between the person to be adopted and any siblings not placed with the person is in the best interest of each sibling.
   The bill requires a preplacement investigation report to provide information as to whether, if the parents of a prospective adoptive child had their parental rights terminated, there are siblings who have not been placed with a minor child to be adopted and whether there is an ongoing relationship between the siblings or a court order finding contact between the siblings is in the best interest of each sibling.
   The bill requires an adoption petitioner to provide notice of an adoption hearing to any siblings of the person to be adopted due to either an ongoing relationship or a court finding that ongoing contact is in the best interest of each sibling, if the person to be adopted was a minor child when the minor child’s parents had their parental rights terminated and the person to be adopted and the person’s siblings were not placed together.
   The bill requires a juvenile court or court to order the opening of the juvenile court or court’s permanent adoption record, permanent termination of parental rights record, or both, relating to an adopted person who is an adult, upon request of the adopted person if the parents of the adopted person had their parental rights terminated.
   DEPENDENT ADULT ABUSE PROTECTIVE SERVICES. Division IV relates to dependent adult abuse protective services. Under current law, if DHS receives an allegation of dependent adult abuse, DHS will investigate the allegation and create a dependent adult abuse report. The bill allows DHS, during the course of an assessment, evaluation, or investigation of a report of dependent adult abuse, to disclose the initiation and status of the dependent adult abuse evaluation to the dependent adult’s bank, savings association, credit union, security administrator, broker-dealer, investment advisor, financial advisor, or other financial institution, or the commissioner of insurance or the commissioner’s deputy if DHS reasonably determines that such disclosure is necessary for the protection of a dependent adult’s resources.
   The bill authorizes a bank, savings association, credit union, security administrator, broker-dealer, investment advisor, financial advisor, other financial institution, the commissioner of insurance, or the commissioner’s deputy, and the social security administration to have access to founded dependent adult abuse information of a dependent adult if deemed necessary by DHS to protect the dependent adult’s resources.
   The bill authorizes the social security administration and the commissioner of insurance and the commissioner’s deputy access to founded dependent adult abuse information.
   The bill makes a nonsubstantive change to Code section 237.15 (foster care review).