HF 2242 (LSB 5659YH (5) 90)

HOUSE FILE 2242

BY  LOHSE, INGELS, HOLT, WILLS, BLOOMINGDALE, DUNWELL, SIEGRIST, THOMSON, COLLINS, M. THOMPSON, and YOUNG

A BILL FOR

An Act relating to aid, processes, services, and support staff for children in, adopted from, or in need of foster care, and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.96A, subsection 6, Code 2024, is amended to read as follows:
   6.  The child is in need of treatment to cure or alleviate a serious chemical dependency or mental illness or disorder, or emotional damage as evidenced by severe anxiety, depression, withdrawal, or behavioral health disorder that compromises the child’s safety or causes untoward aggressive behavior toward the child’s self or others in the household, and the child’s parent, guardian, or custodian is unwilling to provide such treatment or the parent’s, guardian’s, or custodian’s efforts to secure needed treatment have been exhausted and unsuccessful.
    Sec. 2.  Section 232.96A, subsections 11, 12, and 13, Code 2024, are amended by striking the subsections.
    Sec. 3.  Section 234.38, Code 2024, is amended to read as follows:
   234.38  Foster care reimbursement rates.
   The department shall make reimbursement payments directly to foster parents for services provided to children pursuant to section 234.6, subsection 1, paragraph “e”, subparagraph (2), or section 234.35. In any fiscal year, the reimbursement rate shall be based upon sixty-five percent of the United States department of agriculture estimate of the cost to raise a child in the calendar year immediately preceding the fiscal year. The department may pay an additional stipend for a child with special needs.  The department shall adopt rules to implement this section.
    Sec. 4.  Section 237A.13, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  Notwithstanding subsections 1 and 2, a child who has been adopted from foster care shall be eligible to participate in the state child care assistance program.
    Sec. 5.  Section 600.8, subsection 3, Code 2024, is amended to read as follows:
   3.  a.  The department, an agency, or a certified adoption investigator shall conduct all investigations and reports required under subsection 2.
   b.  The department shall pay the costs of the preplacement investigation and the postplacement investigation under subsection 2, up to a maximum of two thousand dollars for the preplacement investigation and up to a maximum of two thousand dollars for the postplacement investigation.
   c.  The department shall not pay the costs of the preplacement investigation or the postplacement investigation as required under paragraph “b” until a prospective adoption petitioner has been approved under subsection 1, paragraph “a”, subparagraph (3), by the person making the investigation.
    Sec. 6.  2023 Iowa Acts, chapter 112, section 7, subsection 7, is amended to read as follows:
   7.  For child and family protective services:
   ...................................................................... $ 32,380,654

                                                                        35,380,654

   Of the funds appropriated in this subsection, up to $3,000,000 shall be used for the kinship caregiver stipend program.
    Sec. 7.  DEPARTMENT OF HEALTH AND HUMAN SERVICES —— SUPERVISOR TO SOCIAL WORKER RATIO REDUCTION.  There is appropriated from the general fund of the state to the department of health and human services for the fiscal year beginning July 1, 2024, and ending June 30, 2025, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   To lower the required ratio of supervisors to social workers from one supervisor for every six and one-half social workers to one supervisor for every five social workers:
   ...................................................................... $  2,623,748

   Notwithstanding section 8.33, moneys appropriated under this section shall not revert at the close of the fiscal year, but shall remain available for the purposes designated.
    Sec. 8.  DEPARTMENT OF HEALTH AND HUMAN SERVICES —— FOSTER FAMILY CARE PER DIEM RATE INCREASE.  There is appropriated from the general fund of the state to the department of health and human services for the fiscal year beginning July 1, 2024, and ending June 30, 2025, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   To increase foster care reimbursement rates paid pursuant to section 234.38, ten percent higher than the rates in effect on June 30, 2024:
   ...................................................................... $    617,530

   Notwithstanding section 8.33, moneys appropriated under this section shall not revert at the close of the fiscal year, but shall remain available for the purposes designated.
    Sec. 9.  DEPARTMENT OF HEALTH AND HUMAN SERVICES —— ADOPTION SUBSIDY RATE INCREASE.  The department of health and human services shall amend its administrative rules pursuant to chapter 17A to increase the adoption subsidy paid to persons pursuant to section 600.17 ten percent higher than the rates in effect on June 30, 2024.
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 aid, processes, services, and support staff for children in, adopted from, or in need of foster care.
   The bill allows a court to adjudicate a child in need of assistance when the child requires treatment to cure or alleviate a serious chemical dependency or mental or behavioral health disorder that compromises the child’s safety or causes untoward aggressive behavior toward others in the household, and the child’s parent, guardian, or custodian is unwilling to provide such treatment, or the parent’s, guardian’s, or custodian’s efforts to secure needed treatment have been exhausted and unsuccessful. Under current law, the child would need treatment to cure or alleviate a serious mental illness or disorder, or emotional damage as evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward the child’s self or others and the child’s parent, guardian, or custodian is unwilling to provide such treatment.
   The bill eliminates certain circumstances when a child may be adjudicated as a child in need of assistance.
   The bill removes the requirement that certain reimbursements to foster parents must be based on 65 percent of the United States department of agriculture estimate of the cost to raise a child in the calendar year immediately preceding the fiscal year. The bill also removes the additional stipend for special needs children.
   The bill makes a child who has been adopted from foster care automatically eligible for the state child care assistance program.
   The bill requires the department of health and human services (HHS) to reimburse an adoption petitioner for the costs of the preplacement and postplacement investigations related to the adoption up to a maximum amount of $2,000 per investigation. The bill prohibits HHS from making such reimbursements until the person performing the preplacement background check approves the adoption petitioner’s initial required background checks.
   The bill renames the 2023 appropriation for child and family services from the federal temporary assistance for needy families block grant to “child protective services”. The bill also adds an additional $3 million to the appropriation and allows up to $3 million to be used from the appropriation for the kinship caregiver stipend program.
   The bill makes an appropriation from the general fund of the state to HHS for FY 2024-2025 in the amount of $2,623,748 to be used to lower the required ratio of supervisors to social workers from one supervisor for every six and one-half social workers to one supervisor for every five social workers. Moneys so appropriated do not revert at the close of the fiscal year, but remain available for the purposes designated.
   The bill makes an appropriation from the general fund of the state to HHS for FY 2024-2025 in the amount of $617,530 to increase reimbursement rates paid to foster parents for foster care provided to a child, or when the state is otherwise obligated to pay for a child’s foster care, 10 percent higher than the rates in effect as of June 30, 2024. The appropriated moneys do not revert at the close of the fiscal year, but remain available for the purposes designated.
   The bill requires HHS to amend its administrative rules to increase the adoption subsidy 10 percent higher than the rates in effect as of June 30, 2024.