House File 584 - Introduced HOUSE FILE 584 BY COMMITTEE ON HEALTH AND HUMAN SERVICES (SUCCESSOR TO HF 373) A BILL FOR An Act relating to individual licensees who provide child 1 foster care. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1145HV (2) 90 dg/rh
H.F. 584 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 licensee within two 5 weeks of the child being placed with the individual licensee 6 and at least once each calendar month thereafter. 7 NEW SUBSECTION . 12. The department shall adopt rules that 8 would allow individual licensees 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 licensee of 19 any appropriate meetings relating to the case permanency plan 20 of a child in the care of the individual licensee. 21 b. The department shall notify an individual licensee 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 licensee. 25 c. The department shall notify an individual licensee of 26 any medical appointments required or scheduled in consultation 27 with the department relating to a child in the care of the 28 individual licensee. 29 2. The department or the department’s agent may share 30 otherwise confidential information about a child with an 31 individual licensee being considered as a possible placement 32 for the child to the extent such disclosure is relevant to 33 the placement decision and the proper care of the child. The 34 department or the department’s agent may facilitate sharing 35 -1- LSB 1145HV (2) 90 dg/rh 1/ 4
H.F. 584 the contact information of previous individual licensees for a 1 child with the next individual licensee in an effort to support 2 the continuity of care for a child. 3 3. Upon placement of a child with an individual licensee, 4 the department shall provide the individual licensee with 5 information that would allow the individual licensee to contact 6 the department or an agent of the department for assistance 7 relating to child foster care. 8 4. Prior to disclosing an individual licensee’s private 9 address, work address, or contact information, the department 10 shall evaluate possible safety concerns to determine whether 11 such information may be released without posing a risk to the 12 safety of the individual licensee, the child, or any other 13 person. 14 5. The department shall notify an individual licensee 15 within a reasonable amount of time of any change in a law 16 or regulation that would have a substantive impact on the 17 individual licensee’s obligations and responsibilities relating 18 to child foster care. 19 6. a. The department shall provide written notice to an 20 individual licensee a minimum of ten days prior to the removal 21 of a child from the care of the individual licensee. Such 22 notice shall include the reasons for the child’s removal. 23 b. This subsection shall not apply if the health or safety 24 of the child or another person is threatened by the child’s 25 presence in the child’s current placement home, if the court 26 orders the removal of a child from the individual licensee, if 27 the child is absent from the home without authorization, if 28 the child is being moved to the home of a biological parent or 29 legal guardian, or if the individual licensee is alleged to 30 have committed child abuse or neglect. 31 7. a. An individual licensee shall provide written notice 32 to the department a minimum of ten days prior to a request to 33 remove a child from the individual licensee’s care. 34 b. This subsection shall not apply to a situation where the 35 -2- LSB 1145HV (2) 90 dg/rh 2/ 4
H.F. 584 health or safety of the child or another person is threatened 1 by the child’s presence in the child’s current placement home. 2 8. At the conclusion of an investigation conducted by the 3 department that may affect an individual licensee’s ability to 4 provide child foster care in the future, the department shall 5 provide the individual licensee with a written report that 6 details the conclusions of the investigation. 7 9. a. The department shall require an individual licensee 8 to attempt, to the extent reasonably possible, to maintain a 9 child’s culture and beliefs. 10 b. An individual licensee shall be allowed to provide child 11 foster care, according to the individual licensee’s own culture 12 and beliefs, if such child foster care does not actively 13 discourage a child to disregard the child’s own culture and 14 beliefs and a biological parent whose parental rights have not 15 been terminated or a legal guardian for the child does not 16 object to the practice or activity that is consistent with the 17 individual licensee’s own culture and beliefs. 18 10. a. The department or the department’s agent shall 19 consider the needs and scheduling demands of a child, the 20 child’s parents, the child’s siblings, and the individual 21 licensee caring for the child when scheduling supervised or any 22 other visitation between the child and the child’s siblings, 23 family members, or fictive kin. 24 b. The department shall not require an individual licensee 25 to conduct or be present during supervised visits scheduled 26 pursuant to paragraph “a” . 27 11. The department shall accept information from an 28 individual licensee relating to medical appointments, 29 treatment needs, educational progress, and educational 30 services for a child placed with the individual licensee. 31 The department shall consider all such information when 32 developing or modifying a child’s case permanency plan and in 33 the coordination of care and decisions related to services and 34 care necessary for the child. The information the department 35 -3- LSB 1145HV (2) 90 dg/rh 3/ 4
H.F. 584 receives from individual licensees will be reviewed and 1 considered as decisions about the child’s progress and needs 2 are made. 3 12. The department shall maintain a process to allow an 4 individual licensee to file complaints with the department 5 electronically for alleged violations relating to this section. 6 13. The department shall adopt rules pursuant to chapter 17A 7 to implement this section. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to individual licensees who provide child 12 foster care. 13 The bill requires the department of health and human 14 services (HHS) to notify individuals licensed to provide foster 15 care of any training the department believes would benefit the 16 licensee in the provision of child foster care. 17 The bill creates new rights and responsibilities for 18 licensed foster parents and new duties for HHS in relation to 19 licensed foster parents and the ability of licensed foster 20 parents to care for foster children. The bill also requires 21 HHS to maintain a process that allows a licensed foster parent 22 to file a complaint electronically relating to a violation of 23 foster parent rights. 24 -4- LSB 1145HV (2) 90 dg/rh 4/ 4