House File 373 - Introduced HOUSE FILE 373 BY FRY A BILL FOR An Act relating to individuals who provide child foster care. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1145YH (12) 90 dg/rh
H.F. 373 Section 1. Section 237.3, Code 2023, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 11. The department shall adopt rules to 3 require the department or a representative of the department 4 to visit a child placed with an individual within two weeks of 5 the child being placed with the individual and at least once 6 each calendar month thereafter. 7 NEW SUBSECTION . 12. The department shall adopt rules 8 that would encourage individuals to apply the reasonable and 9 prudent parent standard to create opportunities for a child to 10 participate in age or developmentally appropriate activities. 11 Sec. 2. Section 237.5A, Code 2023, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 3. The department or the department’s agent 14 shall notify an individual licensee within a reasonable amount 15 of time of any training the department believes would benefit 16 the licensee in the provision of child foster care. 17 Sec. 3. NEW SECTION . 237.10 Child foster care providers. 18 1. a. The department shall notify an individual of any 19 appropriate meetings relating to the case permanency plan of a 20 child in the care of the individual. 21 b. The department shall notify an individual of any 22 meetings known to the department relating to the individualized 23 education program of a child in the care of the individual. 24 c. The department shall notify an individual of any medical 25 appointments required or scheduled in consultation with the 26 department relating to a child in the care of the individual. 27 2. Prior to an individual agreeing to provide child foster 28 care for a child, the department shall provide the individual 29 with all information known to the department relating to the 30 child’s health, education, legal history, and any other history 31 the department believes may be relevant to properly care for 32 the child. This subsection shall not apply in situations the 33 department has determined the child requires an emergency 34 placement. 35 -1- LSB 1145YH (12) 90 dg/rh 1/ 4
H.F. 373 3. Upon placement of a child with an individual, the 1 department shall provide the individual with information that 2 would allow the individual to contact the department or an 3 agent of the department for assistance relating to child foster 4 care. 5 4. Prior to disclosing an individual’s private address, 6 work address, or contact information, the department shall 7 evaluate possible safety concerns to determine whether such 8 information may be released without posing a risk to the safety 9 of the individual, the child, or any other person. 10 5. The department shall notify an individual within a 11 reasonable amount of time of any change in a law or regulation 12 that would have a substantive impact on the individual’s 13 obligations and responsibilities relating to child foster care. 14 6. a. The department shall provide written notice to an 15 individual a minimum of ten days prior to the removal of a 16 child from the care of the individual. Such notice shall 17 include the reasons for the child’s removal. 18 b. This subsection shall not apply to a situation where the 19 health or safety of the child or another person is threatened 20 by the child’s presence in the child’s current placement home, 21 if the court orders the removal of a child from the individual, 22 or if the individual is alleged to have committed abuse or 23 neglect relating to a child in the individual’s care. 24 7. a. An individual shall provide written notice to the 25 department a minimum of ten days prior to a request to remove a 26 child from the individual’s care. 27 b. This subsection shall not apply to a situation where the 28 health or safety of the child or another person is threatened 29 by the child’s presence in the child’s current placement home. 30 8. At the conclusion of an investigation that may affect 31 an individual’s ability to provide child foster care in 32 the future, the department shall provide the individual 33 with a written report that details the conclusions of the 34 investigation. 35 -2- LSB 1145YH (12) 90 dg/rh 2/ 4
H.F. 373 9. a. The department shall require an individual to 1 attempt, to the extent reasonably possible, to maintain a 2 child’s culture and beliefs. 3 b. An individual shall be allowed to provide child foster 4 care, according to the individual’s own culture and beliefs, if 5 such child foster care does not actively discourage a child to 6 disregard the child’s own culture and beliefs. 7 10. a. The department or the department’s agent shall 8 consider the needs and scheduling demands of a child, the 9 child’s parents, the child’s siblings, and the individual 10 caring for the child when scheduling supervised or any other 11 visitation between the child and the child’s siblings, family 12 members, or fictive kin. 13 b. The department shall not require an individual to conduct 14 or be present during supervised visits scheduled pursuant to 15 paragraph “a” . 16 11. The department shall make efforts to facilitate 17 contact between an individual and any former individual and 18 any prospective adoptive parents of a child in the care of the 19 individual as such information becomes known to the department. 20 12. The department shall accept information from an 21 individual relating to medical appointments, treatment needs, 22 educational progress, and educational services for a child 23 placed with the individual. The department shall consider all 24 such information when developing or modifying a child’s case 25 permanency plan and in the coordination of care and decisions 26 related to services and care necessary for the child. The 27 information the department receives from foster parents will be 28 reviewed and considered as decisions about the child’s progress 29 and needs are made. 30 13. The department shall maintain a process to allow 31 an individual to file complaints with the department 32 electronically for alleged violations relating to this section. 33 14. The department shall adopt rules pursuant to chapter 17A 34 to implement this section. 35 -3- LSB 1145YH (12) 90 dg/rh 3/ 4
H.F. 373 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to individuals who provide child foster 4 care. 5 The bill requires the department of health and human 6 services (HHS) to notify individuals licensed to provide foster 7 care of any training the department believes would benefit the 8 licensee in the provision of child foster care. 9 The bill creates new rights and responsibilities for foster 10 parents and new duties for HHS in relation to foster parents 11 and the ability of foster parents to care for foster children. 12 The bill also requires HHS to maintain a process that allows 13 an individual to file a complaint electronically relating to a 14 violation of foster parent rights. 15 -4- LSB 1145YH (12) 90 dg/rh 4/ 4