SF 2284 (LSB 5954XS (5) 90)

SENATE FILE 2284

BY  EDLER

A BILL FOR

An Act relating to the department of health and human services’ aftercare service program, including eligibility and benefits.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 234.46, subsection 1, paragraphs b and c, Code 2024, are amended to read as follows:
   b.  The person is age eighteen, nineteen, twenty, twenty-one, or twenty-two years of age or younger.
   c.  The person is described by one of the following:
   (1)  At the time the person became age eighteen, the person received foster care services that were paid for by the state under section 234.35, services at a state training school, services at a juvenile shelter care home, services at a juvenile detention home, or court-ordered care in accordance with chapter 232 by a relative or another person with a significant relationship with the person, and the person is no longer receiving such services or care.
   (2)  The person was sixteen years of age or older when the person exited foster care paid by the state under section 234.35.
    Sec. 2.  Section 234.46, subsection 2, unnumbered paragraph 1, Code 2024, is amended to read as follows:
   The department shall establish a preparation for adult living program directed to young adults. The purpose of the program is to assist persons who are leaving foster care and other court-ordered services at age eighteen sixteen or older in making the transition to self-sufficiency. The department shall adopt rules necessary for administration of the program, including but not limited to eligibility criteria for young adult participation and the services and other support available under the program. The rules shall provide for participation of each person who meets the definition of young adult on the same basis, regardless of whether federal financial participation is provided. The services and other support available under the program may include but are not limited to any of the following:
    Sec. 3.  DEPARTMENT OF HEALTH AND HUMAN SERVICES —— AFTERCARE SERVICE PROGRAM.
   1.  For purposes of this section:
   a.  “Department” means the department of health and human services.
   b.  “Foster care” means twenty-four-hour substitute care for a child who is placed away from the child’s parents or guardians and for whom the department or juvenile court services has placement and care responsibility through either a court order or voluntary agreement.
   (1)  A placement may meet the definition of foster care regardless of any of the following:
   (a)  The placement is licensed and the state or a local agency makes payments for the child’s care.
   (b)  Adoption subsidy payments are being made before the finalization of adoption.
   (c)  There is federal matching of any payments made.
   (2)  Foster care may include but is not limited to placement in any of the following:
   (a)  Foster family care.
   (b)  A group home.
   (c)  An emergency shelter.
   (d)  Supervised apartment living.
   (e)  A preadoptive home.
   (f)  The home of a relative or suitable person.
   (g)  A psychiatric medical institution for children.
   2.  Pursuant to chapter 17A, the department shall amend the department’s rules to do all of the following:
   a.  Allow a person to be eligible for the aftercare service program if the person is twenty-two years of age or younger and exited foster care on or after the person attained sixteen years of age.
   b.  Set the start-up allowance offered through the aftercare service program at a one-time payment of nine hundred dollars.
   c.  Set the vendor payments offered through the aftercare service program at two thousand dollars per year.
   d.  Set the extended services allowance offered through the aftercare service program at two thousand dollars for a one-year period calculated from the date of initiation of extended services.
   e.  Allow each person who is participating in the aftercare service program pursuant to section 234.46 to receive the preparation for adult living stipend regardless of the person’s age, provided that the person meets all other requirements for the preparation for adult living stipend.
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 aftercare service program eligibility and benefits.
   The aftercare service program was established to assist persons who are leaving foster care and other court-ordered services in making the transition to self-sufficiency. 
   Under current law, a person must be 18, 19, 20, 21, or 22 years of age to be eligible for the aftercare service program. The bill changes the age requirement for the aftercare service program so persons 22 years of age and under are eligible for the program.
   Under current law, to be eligible for the aftercare service program, a person must be 18 years of age when the person exits foster care services paid by the state under Code section 234.35 (when state to pay foster care costs), services at a state training school, services at a juvenile shelter care home, services at a juvenile detention home, or court-ordered care in accordance with Code chapter 232 (juvenile justice) by a relative or another person with a significant relationship with the person. The bill allows a person to qualify for the aftercare service program if the person exited foster care services paid by the state under Code section 234.35 when the person was 16 years of age or older.
   The bill defines the terms “department” and “foster care”.
   The bill requires the department of health and human services to amend its administrative rules to set the start-up allowance offered through the aftercare service program at a one-time payment of $900; set the vendor payments offered through the aftercare service program at $2,000 per year; set the extended services allowance offered through the aftercare service program at $2,000 for a one year period calculated from the date of initiation of extended services; and allow each person who is participating in the aftercare service program to receive the preparation for adult living stipend regardless of the person’s age, provided that the person meets all other requirements for the preparation for adult living stipend.
   The bill makes conforming changes.