House File 2671 - Introduced HOUSE FILE 2671 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HF 2242) A BILL FOR An Act relating to aid, processes, services, and support 1 staff for children in, adopted from, or in need of foster 2 care, including the establishment of a legal representation 3 for juvenile cases interim study committee, and making 4 appropriations. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5659HV (4) 90 dg/ko

H.F. 2671 Section 1. Section 232.96A, subsection 6, Code 2024, is 1 amended to read as follows: 2 6. The child is in need of treatment to cure or alleviate a 3 serious chemical dependency or mental illness or disorder, or 4 emotional damage as evidenced by severe anxiety, depression, 5 withdrawal, or behavioral health disorder that compromises 6 the child’s safety or causes untoward aggressive behavior 7 toward the child’s self or others in the household, and the 8 child’s parent, guardian, or custodian is unwilling to provide 9 such treatment or the parent’s, guardian’s, or custodian’s 10 efforts to secure needed treatment have been exhausted and 11 unsuccessful . 12 Sec. 2. Section 232.96A, subsections 11, 12, and 13, Code 13 2024, are amended by striking the subsections. 14 Sec. 3. Section 234.38, Code 2024, is amended to read as 15 follows: 16 234.38 Foster care reimbursement rates. 17 The department shall make reimbursement payments directly 18 to foster parents for services provided to children pursuant 19 to section 234.6, subsection 1 , paragraph “e” , subparagraph 20 (2), or section 234.35 . In any fiscal year, the reimbursement 21 rate shall be based upon sixty-five percent of the United 22 States department of agriculture estimate of the cost to raise 23 a child in the calendar year immediately preceding the fiscal 24 year. The department may pay an additional stipend for a child 25 with special needs. The department shall review reimbursement 26 payment rates paid to foster parents under this section no less 27 than once every three years. The department shall adopt rules 28 to implement this section. 29 Sec. 4. Section 234.39, subsection 2, Code 2024, is amended 30 to read as follows: 31 2. a. A person entitled to periodic support payments 32 pursuant to an order or judgment entered in any action for 33 support, who also is or has a child receiving foster care 34 services, is deemed to have assigned to the department 35 -1- LSB 5659HV (4) 90 dg/ko 1/ 7

H.F. 2671 current and accruing support payments attributable to the 1 child effective as of the date the child enters foster care 2 placement, to the extent of expenditure of foster care funds. 3 The department shall notify the clerk of the district court 4 when a child entitled to support payments is receiving foster 5 care services pursuant to chapter 234 . Upon notification 6 by the department that a child entitled to periodic support 7 payments is receiving foster care services, the clerk of 8 the district court shall make a notation of the automatic 9 assignment in the judgment docket and lien index. The notation 10 constitutes constructive notice of assignment. The clerk of 11 court shall furnish the department with copies of all orders 12 and decrees awarding support when the child is receiving 13 foster care services. At the time the child ceases to receive 14 foster care services, the assignment of support shall be 15 automatically terminated. Unpaid support accrued under the 16 assignment of support rights during the time that the child was 17 in foster care remains due to the department up to the amount 18 of unreimbursed foster care funds expended. The department 19 shall notify the clerk of court of the automatic termination 20 of the assignment. Unless otherwise specified in the support 21 order, an equal and proportionate share of any child support 22 awarded shall be presumed to be payable on behalf of each child 23 subject to the order or judgment for purposes of an assignment 24 under this section . 25 b. This subsection shall not apply when a child is placed 26 with a relative or fictive kin as those terms are defined in 27 section 232.2, who is not licensed under chapter 237 to provide 28 child foster care. 29 Sec. 5. Section 600.8, subsection 3, Code 2024, is amended 30 to read as follows: 31 3. a. The department, an agency, or a certified adoption 32 investigator shall conduct all investigations and reports 33 required under subsection 2 . 34 b. The department shall pay the costs of the preplacement 35 -2- LSB 5659HV (4) 90 dg/ko 2/ 7

H.F. 2671 investigation and the postplacement investigation under 1 subsection 2, up to a maximum of two thousand dollars for the 2 preplacement investigation and up to a maximum of two thousand 3 dollars for the postplacement investigation. 4 c. The department shall not pay the costs of the 5 preplacement investigation or the postplacement investigation 6 as required under paragraph “b” until a prospective adoption 7 petitioner has been approved under subsection 1, paragraph “a” , 8 subparagraph (3), by the person making the investigation. 9 Sec. 6. 2023 Iowa Acts, chapter 112, section 7, subsection 10 7, is amended to read as follows: 11 7. For child and family protective services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,380,654 13 35,380,654 14 Of the funds appropriated in this subsection, up to 15 $3,000,000 shall be used for the kinship caregiver stipend 16 program. 17 Sec. 7. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— 18 SUPERVISOR TO SOCIAL WORKER RATIO REDUCTION. There is 19 appropriated from the general fund of the state to the 20 department of health and human services for the fiscal year 21 beginning July 1, 2024, and ending June 30, 2025, the following 22 amount, or so much thereof as is necessary, to be used for the 23 purposes designated: 24 To lower the required ratio of supervisors to social workers 25 from one supervisor for every six and one-half social workers 26 to one supervisor for every five social workers: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,623,748 28 Notwithstanding section 8.33, moneys appropriated under this 29 section shall not revert at the close of the fiscal year, but 30 shall remain available for the purposes designated. 31 Sec. 8. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— FOSTER 32 FAMILY CARE PER DIEM RATE INCREASE. There is appropriated from 33 the general fund of the state to the department of health and 34 human services for the fiscal year beginning July 1, 2024, and 35 -3- LSB 5659HV (4) 90 dg/ko 3/ 7

H.F. 2671 ending June 30, 2025, the following amount, or so much thereof 1 as is necessary, to be used for the purposes designated: 2 To increase foster care reimbursement rates paid pursuant 3 to section 234.38, ten percent higher than the rates in effect 4 on June 30, 2024: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 617,530 6 Notwithstanding section 8.33, moneys appropriated under this 7 section shall not revert at the close of the fiscal year, but 8 shall remain available for the purposes designated. 9 Sec. 9. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— ADOPTION 10 SUBSIDY RATE INCREASE. The department of health and human 11 services shall amend its administrative rules pursuant to 12 chapter 17A to increase the adoption subsidy paid to persons 13 pursuant to section 600.17 ten percent higher than the rates 14 in effect on June 30, 2024, provided that the person qualified 15 for the payments by adopting a child on or after the effective 16 date of this Act. 17 Sec. 10. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— LEGAL 18 REPRESENTATION FOR JUVENILE CASES INTERIM STUDY COMMITTEE. 19 1. The department of health and human services shall 20 establish a legal representation for juvenile cases interim 21 study committee for the 2024 interim to investigate, study, and 22 propose legislation relating to client-directed representation 23 for children in juvenile court cases. 24 2. The committee shall consist of the following voting 25 members: 26 a. Two members of the house of representatives, one 27 of whom shall be appointed by the speaker of the house of 28 representatives and one of whom shall be appointed by the 29 minority leader of the house of representatives. 30 b. Two members of the senate, one of whom shall be appointed 31 by the majority leader of the senate and one of whom shall be 32 appointed by the minority leader of the senate. 33 3. The committee shall also following ex officio, nonvoting 34 members: 35 -4- LSB 5659HV (4) 90 dg/ko 4/ 7

H.F. 2671 a. The state public defender. 1 b. A person who works for an organization providing advocacy 2 for kids, appointed by the governor. 3 c. A juvenile court judge, appointed by the judicial branch. 4 d. A county attorney working in juvenile courts, appointed 5 by the Iowa county attorneys association. 6 4. The committee shall submit a report to the general 7 assembly by January 10, 2025. 8 Sec. 11. EFFECTIVE DATE. The section of this Act amending 9 2023 Iowa Acts, chapter 112, section 7, subsection 7, being 10 deemed of immediate importance, takes effect upon enactment. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to aid, processes, services, and support 15 staff for children in, adopted from, or in need of foster care, 16 including the establishment of a legal representation for 17 juvenile cases interim study committee. 18 The bill allows a court to adjudicate a child in need 19 of assistance when the child requires treatment to cure or 20 alleviate a serious chemical dependency or mental or behavioral 21 health disorder that compromises the child’s safety or causes 22 untoward aggressive behavior toward others in the household, 23 and the child’s parent, guardian, or custodian is unwilling 24 to provide such treatment, or the parent’s, guardian’s, or 25 custodian’s efforts to secure needed treatment have been 26 exhausted and unsuccessful. Under current law, the child would 27 need treatment to cure or alleviate a serious mental illness or 28 disorder, or emotional damage as evidenced by severe anxiety, 29 depression, withdrawal, or untoward aggressive behavior toward 30 the child’s self or others and the child’s parent, guardian, or 31 custodian is unwilling to provide such treatment. 32 The bill eliminates certain circumstances when a child may 33 be adjudicated as a child in need of assistance. 34 The bill removes the requirement that certain reimbursements 35 -5- LSB 5659HV (4) 90 dg/ko 5/ 7

H.F. 2671 to foster parents must be based on 65 percent of the United 1 States department of agriculture estimate of the cost to raise 2 a child in the calendar year immediately preceding the fiscal 3 year. The bill also removes the additional stipend for special 4 needs children. Instead, the bill requires the department of 5 health and human services (HHS) to adopt rules relating to the 6 foster parent reimbursements and requires HHS to review the 7 foster parent reimbursement rates no less than once every three 8 years. 9 Under current law, if a person is entitled to periodic 10 support payments pursuant to an order or judgment entered in 11 any action for support, and the person also is or has a child 12 receiving foster care services, then the support payments 13 are automatically assigned to HHS. The bill exempts support 14 payments from automatic assignment to HHS if the support 15 payments are related to a child placed with a relative or 16 fictive kin as those terms are defined in Code section 232.2, 17 who is not licensed under Code chapter 237 (child foster care 18 facilities) to provide child foster care. 19 The bill requires HHS to reimburse an adoption petitioner 20 for the costs of the preplacement and postplacement 21 investigations related to the adoption up to a maximum 22 amount of $2,000 per investigation. The bill prohibits HHS 23 from making such reimbursements until the person performing 24 the preplacement background check approves the adoption 25 petitioner’s initial required background checks. 26 The bill renames the 2023 appropriation for child and family 27 services from the federal temporary assistance for needy 28 families block grant to “child protective services”. The bill 29 also adds an additional $3 million to the appropriation and 30 requires up to $3 million to be used from the appropriation for 31 the kinship caregiver stipend program. This section of the 32 bill is effective upon the bill’s enactment. 33 The bill makes an appropriation from the general fund of the 34 state to HHS for FY 2024-2025 in the amount of $2,623,748 to 35 -6- LSB 5659HV (4) 90 dg/ko 6/ 7

H.F. 2671 be used to lower the required ratio of supervisors to social 1 workers from one supervisor for every six and one-half social 2 workers to one supervisor for every five social workers. 3 Moneys so appropriated do not revert at the close of the fiscal 4 year, but remain available for the purposes designated. 5 The bill makes an appropriation from the general fund of 6 the state to HHS for FY 2024-2025 in the amount of $617,530 7 to increase reimbursement rates paid to foster parents for 8 foster care provided to a child, or when the state is otherwise 9 obligated to pay for a child’s foster care, 10 percent higher 10 than the rates in effect as of June 30, 2024. The appropriated 11 moneys do not revert at the close of the fiscal year, but 12 remain available for the purposes designated. 13 The bill requires HHS to amend its administrative rules to 14 increase the adoption subsidy 10 percent higher than the rates 15 in effect as of June 30, 2024, provided that the person to 16 receive the adoption subsidy qualified for payments by adopting 17 a child on or after the effective date of the bill. 18 The bill requires HHS to establish a legal representation 19 for juvenile cases interim study committee for the 2024 20 legislative interim to investigate, study, and propose 21 legislation relating to client-directed representation for 22 children in juvenile court cases. The bill details who 23 shall be the voting committee members. The bill requires the 24 committee to submit a report to the general assembly by January 25 10, 2025. 26 -7- LSB 5659HV (4) 90 dg/ko 7/ 7