House File 1042 - Introduced HOUSE FILE 1042 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 1014) (SUCCESSOR TO HF 757) (SUCCESSOR TO HSB 215) A BILL FOR An Act relating to matters under the purview of the department 1 of health and human services, including administrative 2 services organizations, child foster care, child and 3 dependent adult abuse, internal audit and examination 4 information, and the region incentive fund in the mental 5 health and disability services regional service fund, 6 health maintenance organization’s premium tax, and making 7 appropriations and including effective date and retroactive 8 applicability provisions. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 TLSB 1459HW (2) 91 dg/ko

H.F. 1042 DIVISION I 1 ADMINISTRATIVE SERVICES ORGANIZATIONS 2 Section 1. Section 97B.1A, subsection 8, paragraph b, Code 3 2025, is amended by adding the following new subparagraph: 4 NEW SUBPARAGRAPH . (10) Employees of an administrative 5 services organization as defined in section 225A.1. 6 Sec. 2. Section 229.1, Code 2025, is amended by adding the 7 following new subsections: 8 NEW SUBSECTION . 2A. “Behavioral health district” means the 9 same as defined in section 225A.1. 10 NEW SUBSECTION . 7A. “Disability access point” means an 11 organization designated by the department for a behavioral 12 health district to serve as the primary local access point for 13 individuals with disabilities, and the individuals’ caregivers, 14 to provide person-centered assistance that facilitates 15 the coordination of the individuals’ services, simplifies 16 service navigation, and improves overall accessibility to 17 disability-related resources. 18 Sec. 3. Section 229.19, subsection 1, paragraph a, Code 19 2025, is amended by striking the paragraph and inserting in 20 lieu thereof the following: 21 a. (1) The board of supervisors of each county shall 22 appoint an individual to act as an advocate representing the 23 interests of patients involuntarily hospitalized by the court 24 in matters relating to a patient’s hospitalization or treatment 25 under section 229.14 or 229.15. The individual shall have 26 prior experience advocating for or promoting the welfare and 27 rehabilitation of persons with mental illness. 28 (2) A person appointed under this section shall not be any 29 of the following: 30 (a) An officer or employee of the department. 31 (b) An officer or employee of an administrative services 32 organization. 33 (c) An officer or employee of an agency or facility 34 providing care or treatment to persons with mental illness. 35 -1- LSB 1459HW (2) 91 dg/ko 1/ 34

H.F. 1042 (d) An officer or employee of a disability access point. 1 DIVISION II 2 CHILD FOSTER CARE 3 Sec. 4. Section 232.69, subsection 1, paragraph b, 4 subparagraph (9), Code 2025, is amended to read as follows: 5 (9) An employee or operator of a child foster care facility 6 licensed or approved under chapter 237 . 7 Sec. 5. Section 232.78, subsection 8, paragraph a, 8 subparagraph (4), Code 2025, is amended to read as follows: 9 (4) An individual licensed to provide foster care pursuant 10 to licensee or an approved kinship caregiver under chapter 237. 11 If the child is placed with a licensed foster care provider 12 an individual licensee or an approved kinship caregiver , the 13 department shall assign decision-making authority to the foster 14 care provider individual licensee or the approved kinship 15 caregiver for the purpose of applying the reasonable and 16 prudent parent standard during the child’s placement. 17 Sec. 6. Section 232.95, subsection 2, paragraph c, 18 subparagraph (4), Code 2025, is amended to read as follows: 19 (4) An individual licensed to provide foster care pursuant 20 to licensee or an approved kinship caregiver under chapter 237. 21 If the child is placed with a licensed foster care provider 22 an individual licensee or an approved kinship caregiver , the 23 department shall assign decision-making authority to the foster 24 care provider individual licensee or approved kinship caregiver 25 for the purpose of applying the reasonable and prudent parent 26 standard during the child’s placement. 27 Sec. 7. Section 232.102, subsection 1, paragraph a, 28 subparagraph (4), Code 2025, is amended to read as follows: 29 (4) An individual licensed to provide foster care pursuant 30 to licensee or an approved kinship caregiver under chapter 237. 31 If the child is placed with a licensed foster care provider 32 an individual licensee or an approved kinship caregiver , the 33 department shall assign decision-making authority to the foster 34 care provider individual licensee or approved kinship caregiver 35 -2- LSB 1459HW (2) 91 dg/ko 2/ 34

H.F. 1042 for the purpose of applying the reasonable and prudent parent 1 standard during the child’s placement. 2 Sec. 8. Section 234.1, subsection 1, paragraph a, 3 subparagraphs (1) and (2), Code 2025, are amended to read as 4 follows: 5 (1) After reaching eighteen years of age, the person has 6 remained continuously and voluntarily under the care of an 7 individual , as defined in section 237.1 , licensed to provide 8 foster care pursuant to licensee or approved kinship caregiver 9 under chapter 237 , or in a supervised apartment living 10 arrangement, in this state. 11 (2) The person aged out of foster care after reaching 12 eighteen years of age and subsequently voluntarily applied 13 for placement with an individual , as defined in section 14 237.1 , licensed to provide foster care pursuant to licensee or 15 approved kinship caregiver under chapter 237 , or for placement 16 in a supervised apartment living arrangement, in this state. 17 Sec. 9. Section 234.7, subsection 1, Code 2025, is amended 18 to read as follows: 19 1. The department shall comply with the provision 20 associated with child foster care licensees provisions under 21 chapter 237 that requires that a child’s foster parent require 22 an individual licensee or an approved kinship caregiver to be 23 included in, and be provided timely notice of, planning and 24 review activities associated with the child, including but not 25 limited to permanency planning and placement review meetings, 26 which shall include discussion of the child’s rehabilitative 27 treatment needs. 28 Sec. 10. Section 234.39, subsection 2, paragraph b, Code 29 2025, is amended to read as follows: 30 b. This subsection An assignment of support under paragraph 31 “a” shall not apply when a child is placed with a relative 32 or fictive kin as those terms are defined in section 232.2, 33 who unless the relative or fictive kin is not licensed an 34 individual licensee or an approved kinship caregiver under 35 -3- LSB 1459HW (2) 91 dg/ko 3/ 34

H.F. 1042 chapter 237 to provide child foster care . 1 Sec. 11. Section 235A.15, subsection 2, paragraph c, 2 subparagraph (2), Code 2025, is amended to read as follows: 3 (2) To an administrator of a child foster care facility 4 licensed under chapter 237 as defined in section 237.1 if 5 the data concerns a person employed or being considered for 6 employment by the facility. 7 Sec. 12. Section 237.1, Code 2025, is amended to read as 8 follows: 9 237.1 Definitions. 10 As used in this chapter : 11 1. “Agency” means a person which provides child foster care 12 and which that does not meet the definition of an individual as 13 defined under this section or a kinship caregiver . 14 2. “Agency licensee” means an agency issued a license under 15 this chapter. 16 3. “Approval” means the authorization granted to a kinship 17 caregiver by the department through an expedited process under 18 this chapter to provide child foster care, and allows the 19 kinship caregiver to receive maximum financial support and to 20 obtain the information and resources necessary to meet the 21 needs of a child under a court-ordered placement with the 22 kinship caregiver. 23 4. “Approved kinship caregiver” means a kinship caregiver 24 granted approval under this chapter. 25 5. “Child” means child the same as defined in section 234.1 . 26 3. 6. “Child foster care” means the provision of parental 27 nurturing, including but not limited to the furnishing of food, 28 lodging, training, education, supervision, treatment, or other 29 care, to a child on a full-time basis by a person, including a 30 relative or fictive kin of the child if the relative or fictive 31 kin is licensed under this chapter an individual licensee or 32 an approved kinship caregiver , but not including a guardian 33 of the child. “Child foster care” does not include any of the 34 following care situations: 35 -4- LSB 1459HW (2) 91 dg/ko 4/ 34

H.F. 1042 a. Care furnished by an individual person who receives the 1 child of a personal friend as an occasional and personal guest 2 in the individual person’s individual’s home, free of charge 3 and not as a business. 4 b. Care furnished by an individual person with whom a child 5 has been placed for lawful adoption, unless that adoption is 6 not completed within two years after placement. 7 c. Care furnished by a private boarding school subject to 8 approval by the state board of education pursuant to section 9 256.11 . 10 d. Child care furnished by a child care center, a child 11 development home, or a child care home as those terms are 12 defined in section 237A.1 . 13 e. Care furnished in a hospital licensed under chapter 135B 14 or care furnished in a nursing facility licensed under chapter 15 135C . 16 f. Care furnished by a relative or fictive kin of a child or 17 an individual person with a meaningful relationship with the 18 child where when the child is not under the placement, care, or 19 supervision of the department. 20 4. 7. “Department” means the department of health and human 21 services. 22 5. 8. “Director” means the director of health and human 23 services. 24 6. 9. “Facility” means the personnel, program, physical 25 plant, and equipment of a licensee or approved kinship 26 caregiver. “Facility” includes a foster family home . 27 7. 10. “Fictive kin” means the same as defined in section 28 232.2. 29 11. “Foster family home” means a single-family home 30 environment in which child foster care is provided. 31 12. “Individual” means an individual a natural person 32 or a married couple who provides child foster care in a 33 single-family home environment and which does not meet the 34 definition of an agency under this section . 35 -5- LSB 1459HW (2) 91 dg/ko 5/ 34

H.F. 1042 8. 13. “Individual licensee” means an individual, including 1 an individual who is a relative or fictive kin, issued a 2 license under this chapter. 3 14. “Kinship caregiver” means a relative or fictive kin of a 4 child. 5 15. “License” means the authorization issued to an 6 individual or an agency by the department under this chapter 7 to provide child foster care. 8 16. “Licensee” means an individual or an agency licensed 9 under this chapter . 10 9. 17. “Reasonable and prudent parent standard” means 11 the standard characterized by careful and sensible parenting 12 decisions that maintain the health, safety, and best interests 13 of a child, while at the same time encouraging the emotional 14 and developmental growth of a child, that a caregiver caretaker 15 shall use when determining whether to allow a child in child 16 foster care under the placement, care, or supervision of the 17 department to participate in extracurricular, enrichment, 18 cultural, or social activities. For the purposes of this 19 subsection , “caregiver” “caretaker” means an individual or an 20 agency licensed under this chapter a licensee with which a 21 child in child foster care has been placed , an approved kinship 22 caregiver with whom a child in child foster care has been 23 placed, or a juvenile shelter care home approved under chapter 24 232 in which a child in child foster care has been placed. 25 18. “Relative” means an individual related to a child within 26 the fourth degree of consanguinity or affinity by marriage or 27 through adoption. 28 Sec. 13. Section 237.2, Code 2025, is amended to read as 29 follows: 30 237.2 Purpose. 31 It is the policy of this state to provide appropriate 32 protection for children who are separated from the direct 33 personal care of their parents, relatives, fictive kin, or 34 guardians and, as a result, are subject to difficulty in 35 -6- LSB 1459HW (2) 91 dg/ko 6/ 34

H.F. 1042 achieving appropriate physical, mental, emotional, educational, 1 or social development. This chapter shall be construed and 2 administered to further that policy by assuring that child 3 foster care is adequately provided by competently staffed and 4 well-equipped child foster care facilities, including but not 5 limited to residential treatment centers, group homes, and 6 foster family homes. 7 Sec. 14. Section 237.3, Code 2025, is amended to read as 8 follows: 9 237.3 Rules. 10 1. Except as otherwise provided by subsections 3 and 4 , 11 the department shall adopt and enforce in accordance with 12 chapter 17A , administrative rules necessary to implement this 13 chapter . Formulation of the rules shall include consultation 14 with representatives of child foster care providers and other 15 persons affected by this chapter . The rules shall encourage 16 the provision of child foster care in a single-family, home 17 environment, exempting the single-family, home facility 18 foster family homes, and shall exempt foster family homes from 19 inappropriate rules. 20 2. Rules applicable relating to individual licensees and 21 agency licensees, as applicable, shall include but are not 22 limited to all of the following : 23 a. Types of facilities which include but are not limited 24 to group foster care facilities and foster family foster care 25 homes. 26 b. The number, qualifications, character, and parenting 27 ability of personnel necessary to assure the health, safety and 28 welfare of children receiving child foster care. 29 c. Programs for education and in-service training of 30 personnel. 31 d. The physical environment of a facility. 32 e. Policies for intake, assessment, admission and discharge. 33 f. Housing, health, safety, and medical care policies 34 for children receiving child foster care. The medical care 35 -7- LSB 1459HW (2) 91 dg/ko 7/ 34

H.F. 1042 policies shall include but are not limited to all of the 1 following: 2 (1) Provision by the department to the foster care provider 3 at or before the time of a child’s placement of the a child’s 4 health records , and any other information possessed or known 5 about the health of the child or about a member of the child’s 6 family that pertains to the child’s health , from the department 7 to a licensee or an approved kinship caregiver at or before 8 the time of a child’s placement with the licensee or approved 9 kinship caregiver . 10 (2) If the health records supplied to the licensee or 11 approved kinship caregiver in accordance with the child’s case 12 permanency plan to the foster care provider are incomplete , or 13 the provider licensee or approved kinship caregiver requests 14 specific health information, provision procedures for obtaining 15 additional health information from the child’s parent , or other 16 source , and supplying providing the additional information 17 to the foster care provider licensee or approved kinship 18 caregiver . 19 (3) Provision for emergency health coverage of the child 20 while the child is engaged in temporary , out-of-state travel 21 with the child’s foster family individual licensee or approved 22 kinship caregiver . 23 g. (1) The adequacy of programs available to children 24 receiving child foster care provided by agencies, including but 25 not limited to: 26 (a) Dietary services. 27 (b) Social services. 28 (c) Activity programs. 29 (d) Behavior management procedures. 30 (e) Educational programs, including , where appropriate, 31 special education as defined in section 256B.2, subsection 1, 32 paragraph “b” , where appropriate, which are approved by the 33 state board of education. 34 (2) The department shall not promulgate adopt rules 35 -8- LSB 1459HW (2) 91 dg/ko 8/ 34

H.F. 1042 which that regulate individual licensees or approved kinship 1 caregivers in the subject areas enumerated in this paragraph 2 “g” . 3 h. Policies for involvement of biological parents. 4 i. Records a licensee or approved kinship caregiver is 5 required to keep, and reports a licensee or approved kinship 6 caregiver is required to make to the department. 7 j. Prior to the licensing of an individual as a foster 8 family home , completion of a required, written social 9 assessment of the quality of the living situation in the home 10 of the individual an individual’s prospective foster family 11 home , and completion of a required compilation of personal 12 references for the individual , other than those references 13 given provided by the individual. 14 k. Elements of a foster care placement agreement outlining 15 rights and responsibilities associated with an individual or 16 kinship caregiver providing family child foster care. The 17 rights and responsibilities shall include but are not limited 18 to all of the following: 19 (1) Receiving information prior to the child’s placement 20 regarding risk factors concerning the child that are known to 21 the department, including but not limited to notice if the 22 child is required to register under chapter 692A . 23 (2) Having regularly scheduled meetings with each case 24 manager assigned to the child. 25 (3) Receiving access to any reports prepared by a service 26 provider who is working with the child unless the access is 27 prohibited by state or federal law. 28 3. Rules governing fire safety in facilities with a facility 29 in which child foster care is provided by agencies an agency 30 shall be promulgated adopted by the director of the department 31 of inspections, appeals, and licensing pursuant to section 32 10A.511 , after consultation with the director. 33 4. Rules governing sanitation, water, and waste disposal 34 standards for facilities shall be promulgated adopted by the 35 -9- LSB 1459HW (2) 91 dg/ko 9/ 34

H.F. 1042 department pursuant to section 135.11 , after consultation with 1 the director . 2 5. In case of a conflict between rules promulgated adopted 3 pursuant to subsections 3 and 4 and local rules ordinances , the 4 more stringent requirement applies shall apply . 5 6. Rules of adopted by the department shall not prohibit 6 the licensing , as foster family homes, of individuals who are 7 a departmental employees employee not directly engaged in the 8 administration of the child foster care program pursuant to 9 this chapter , as an individual licensee . 10 7. If an agency is accredited by the joint commission on 11 the accreditation of health care organizations under the joint 12 commission’s consolidated standards for residential settings , 13 or by the council on accreditation of services for families and 14 children , the department shall modify the facility licensure 15 standards applied to the agency in order to avoid duplicating 16 duplication of standards applied through accreditation. 17 8. The department, in consultation with the judicial 18 branch, residential treatment providers, the foster care 19 provider association, and other parties which may be affected, 20 shall review the licensing rules pertaining to licensing of 21 residential treatment facilities, and examine whether determine 22 if the rules allow the residential treatment facilities to 23 accept and provide effective treatment to juveniles with 24 serious problems who might not otherwise be placed in those 25 residential treatment facilities. 26 9. The department shall adopt rules specifying that specify 27 the elements of a preadoptive care agreement outlining the 28 rights and responsibilities associated with a person providing 29 preadoptive care, as defined in section 232.2 . 30 10. The department shall adopt rules to administer the 31 exception to the definition of child care in section 237A.1, 32 subsection 2 , paragraph “l” , allowing allow a child care 33 facility , for purposes of providing to provide respite care 34 to in a foster family home , to provide care, supervision, 35 -10- LSB 1459HW (2) 91 dg/ko 10/ 34

H.F. 1042 or guidance of a child for a period of twenty-four hours or 1 more to a child who is placed with the licensed foster family 2 home an individual licensee, as provided in section 237A.1, 3 subsection 2, paragraph “l” . 4 11. The department shall adopt rules to require the 5 department or a representative of the department to visit a 6 child placed with an individual licensee or approved kinship 7 caregiver within two weeks of the child being placed with the 8 individual licensee or approved kinship caregiver, and at least 9 once each calendar month thereafter. 10 12. The department shall adopt rules that would allow 11 each individual licensees licensee and each approved kinship 12 caregiver to apply the reasonable and prudent parent standard 13 to create opportunities for a child to participate in age or 14 developmentally appropriate activities. 15 Sec. 15. Section 237.4, unnumbered paragraph 1, Code 2025, 16 is amended to read as follows: 17 An individual or an agency , as defined in section 237.1 , 18 shall not provide child foster care unless the individual 19 or agency obtains a license issued under this chapter is 20 a licensee . However, a license under this chapter is not 21 required of the following: 22 Sec. 16. Section 237.4, subsection 8, Code 2025, is amended 23 to read as follows: 24 8. An individual providing child care as a babysitter at the 25 request of a parent, guardian , fictive kin, or relative having 26 lawful custody of the child. 27 Sec. 17. Section 237.5A, Code 2025, is amended to read as 28 follows: 29 237.5A Foster parent training. 30 1. As a condition for initial licensure, each individual 31 licensee shall complete thirty hours of foster parent training 32 offered or approved by the department. However, if the 33 individual licensee has completed relevant training or has a 34 combination of completed relevant training and experience, 35 -11- LSB 1459HW (2) 91 dg/ko 11/ 34

H.F. 1042 and the department deems such training or combination to be 1 an acceptable equivalent to all or a portion of the initial 2 licensure training requirement, or based upon the circumstances 3 of the child and the individual licensee the department finds 4 there is other good cause, the department may waive all or 5 a portion of the training requirement. Prior to renewal 6 of licensure, each individual licensee shall also annually 7 complete six hours of foster parent training. The training 8 shall include but is not limited to physical care, education, 9 learning disabilities, referral to and receipt of necessary 10 professional services, behavioral assessment and modification, 11 self-assessment, self-living skills, and biological parent 12 contact. An individual licensee may complete the training as 13 part of an approved training program offered by a public or 14 private agency with expertise in the provision of child foster 15 care or in related subject areas. The department shall adopt 16 rules to implement and enforce this training requirement. 17 2. A An individual licensee who is unable to complete six 18 hours of foster parent training annually prior to licensure 19 renewal because the individual licensee is engaged in active 20 duty in the military service shall be considered to be in 21 compliance with the training requirement for licensure renewal. 22 3. The department or the department’s agent shall notify an 23 individual licensee within a reasonable amount of time of any 24 training the department believes would benefit the individual 25 licensee in the provision of child foster care. 26 Sec. 18. NEW SECTION . 237.5B Approved kinship caregiver. 27 1. A kinship caregiver shall not provide child foster care 28 unless the kinship caregiver has been granted approval under 29 this section. 30 2. A kinship caregiver shall apply for approval by 31 submitting a completed application to the department on a form 32 furnished by the department. 33 3. The department, after notice and opportunity for an 34 evidentiary hearing, may deny an application for approval 35 -12- LSB 1459HW (2) 91 dg/ko 12/ 34

H.F. 1042 or continued approval if the applicant or approved kinship 1 caregiver violates this chapter or rules adopted pursuant to 2 this chapter. 3 Sec. 19. Section 237.6, Code 2025, is amended to read as 4 follows: 5 237.6 Restricted use of facility. 6 1. A licensee or approved kinship caregiver shall not 7 furnish child foster care in a building or on premises not 8 designated in the licensee’s license or the kinship caregiver’s 9 approval . 10 2. A licensee shall not furnish child foster care to a 11 greater number of children than is designated in the licensee’s 12 license, unless authorized by the department. Multiple 13 3. The department may issue multiple licenses authorizing 14 separate and distinct parts of a an agency licensee’s facility 15 to provide different categories of child foster care may be 16 issued . 17 Sec. 20. Section 237.8, Code 2025, is amended to read as 18 follows: 19 237.8 Personnel. 20 1. A person shall not be allowed to provide services in a an 21 agency licensee’s facility if the person has a disease which is 22 transmissible to other persons through required contact in the 23 workplace, which presents a significant risk of infecting other 24 persons, which presents a substantial possibility of harming 25 other persons, or for which no reasonable accommodation can 26 eliminate the risk of infecting other persons. 27 2. a. (1) If a person is being considered for licensure 28 or approval under this chapter , or if a person is being 29 considered for employment involving by an agency licensee and 30 the employment involves direct responsibility for a child or , 31 is in a facility where children reside, by a licensee under 32 this chapter , or if a requires the person will to reside in a 33 facility utilized by a an agency licensee, and if the person 34 has been convicted of a crime or has a record of founded child 35 -13- LSB 1459HW (2) 91 dg/ko 13/ 34

H.F. 1042 abuse, the record check evaluation system of the department , 1 and the agency licensee for an a prospective employee of the 2 agency licensee , shall perform an evaluation to determine 3 whether the crime or founded child abuse warrants prohibition 4 of licensure, approval, employment, or residence in the 5 facility. The record check evaluation system shall conduct 6 criminal and child abuse record checks in this state and may 7 conduct these checks in other states. The evaluation shall 8 be performed in accordance with procedures adopted for this 9 purpose by the department. 10 (2) If the criminal and child abuse record checks conducted 11 in this state under subparagraph (1) for an individual a person 12 being considered for licensure as an agency licensee under this 13 chapter , or for employment involving by an agency licensee and 14 the employment involves direct responsibility for a child or , 15 is in a facility where children reside, by a licensee under 16 this chapter , or for an individual who will requires the person 17 to reside in a facility utilized by a an agency licensee, have 18 been completed and the individual person either does not have 19 a record of crime or founded child abuse or the record check 20 evaluation system’s evaluation of the record has determined 21 that prohibition of the individual’s licensure or employment 22 is not warranted, the individual person may be provisionally 23 approved for licensure or employment licensed or employed 24 pending the outcome of the fingerprint-based criminal history 25 check conducted pursuant to subparagraph (4). 26 (3) An individual A person being considered for licensure 27 as an agency licensee under this chapter , or a person being 28 considered for employment involving by an agency licensee if 29 the employment involves direct responsibility for a child or , 30 is in a facility where children reside, by a licensee under 31 this chapter , or for an individual who will requires the person 32 to reside in a facility utilized by a an agency licensee, shall 33 not be granted a license or be employed and an evaluation shall 34 not be performed under this subsection , if the individual 35 -14- LSB 1459HW (2) 91 dg/ko 14/ 34

H.F. 1042 person has been convicted of any of the following felony 1 offenses: 2 (a) Within the five-year period preceding the application 3 date, a drug-related offense. 4 (b) Child endangerment or neglect or abandonment of a 5 dependent person. 6 (c) Domestic abuse. 7 (d) A crime against a child, including but not limited to 8 sexual exploitation of a minor. 9 (e) A forcible felony. 10 (4) If an individual a person is being considered for 11 licensure or approval under this chapter , or if a person is 12 being considered for employment involving by an agency licensee 13 and the employment involves direct responsibility for a child 14 or , is in a facility where children reside, by a licensee under 15 this chapter , or if an individual will requires the person to 16 reside in a facility utilized by a an agency licensee, or if 17 an individual is subject to licensure under this chapter as 18 a foster parent, in addition to the record checks conducted 19 under subparagraph (1), the individual’s person’s fingerprints 20 shall be provided to the department of public safety for 21 submission through the state criminal history repository to 22 the United States department of justice, federal bureau of 23 investigation for a national criminal history check. The cost 24 of the criminal history check conducted under this subparagraph 25 is shall be the responsibility of the department. 26 (5) If the criminal and child abuse record checks conducted 27 in this state under subparagraph (1) for an individual a person 28 being considered for licensure as a foster parent an individual 29 licensee or for approval as an approved kinship caregiver 30 have been completed and the individual person either does not 31 have a record of crime or founded abuse , or the record check 32 evaluation system’s evaluation of the record has determined 33 that prohibition of the individual’s person’s licensure 34 or approval is not warranted, the individual person may be 35 -15- LSB 1459HW (2) 91 dg/ko 15/ 34

H.F. 1042 provisionally approved for licensure licensed or approved 1 pending the outcome of the fingerprint-based criminal history 2 check conducted pursuant to subparagraph (4). 3 (6) An applicant for a license as an individual applying 4 to be a foster parent licensee or for approval as an approved 5 kinship caregiver shall not be granted a license or approval, 6 and an evaluation shall not be performed under this subsection , 7 if the individual applicant has been convicted of any of the 8 following felony offenses: 9 (a) Within the five-year period preceding the application 10 date, a drug-related offense. 11 (b) Child endangerment or neglect or abandonment of a 12 dependent person. 13 (c) Domestic abuse. 14 (d) A crime against a child, including but not limited to 15 sexual exploitation of a minor. 16 (e) A forcible felony. 17 b. Except as otherwise provided in paragraph “a” , if the 18 record check evaluation system determines that a person has 19 committed a crime or has a record of founded child abuse and 20 is licensed, approved, employed by a an agency licensee, or 21 resides in a licensed facility , the record check evaluation 22 system shall notify the licensee or approved kinship caregiver 23 that an evaluation will be conducted to determine whether 24 prohibition of the person’s licensure, approval, employment, or 25 residence is warranted. 26 c. In an evaluation, the record check evaluation system , and 27 the agency licensee for an employee or prospective employee of 28 the agency licensee shall consider the nature and seriousness 29 of the crime or founded child abuse in relation to the position 30 sought or held, the time elapsed since the commission of the 31 crime or founded child abuse, the circumstances under which 32 the crime or founded child abuse was committed, the degree of 33 rehabilitation, the likelihood that the person will commit the 34 crime or founded child abuse again, and the number of crimes 35 -16- LSB 1459HW (2) 91 dg/ko 16/ 34

H.F. 1042 or founded child abuses committed by the person involved. The 1 record check evaluation system may permit a person who is 2 evaluated to be licensed, approved, employed, or to reside in a 3 facility , or to continue to be licensed, approved, employed, 4 or to reside in a licensed facility, if the person complies 5 with the record check evaluation system’s conditions relating 6 to the person’s licensure, approval, employment, or residence, 7 which may include completion of additional training. For an 8 employee or prospective employee of a an agency licensee, 9 these conditional requirements shall be developed with the 10 agency licensee. The record check evaluation system has shall 11 have final authority in determining whether prohibition of 12 the person’s licensure, approval, employment, or residence is 13 warranted and in developing any conditional requirements under 14 this paragraph. 15 d. If the record check evaluation system determines that the 16 person has committed a crime or has a record of founded child 17 abuse which that warrants prohibition of licensure, approval, 18 employment, or residence, the person shall not be licensed or 19 approved under this chapter and shall not be employed by a an 20 agency licensee or reside in a licensed facility. 21 3. In addition to the record checks required under 22 subsection 2 , the record check evaluation system may conduct 23 dependent adult abuse record checks in this state and may 24 conduct these checks in other states , on a random basis. The 25 provisions of subsection 2 , relative to an evaluation following 26 a determination that a person has been convicted of a crime 27 or has a record of founded child abuse, shall also apply to a 28 random check conducted under this subsection . 29 4. A An agency licensee shall inform all new applicants 30 for employment of the possibility of the performance of a 31 record check and shall obtain, from the applicant, a signed 32 acknowledgment of the receipt of the information. 33 5. A An agency licensee shall include the following inquiry 34 in an application for employment: 35 -17- LSB 1459HW (2) 91 dg/ko 17/ 34

H.F. 1042 Do you have a record of founded child or dependent adult 1 abuse , or have you ever been convicted of a crime, in this 2 state or any other state? 3 Sec. 21. Section 237.9, Code 2025, is amended to read as 4 follows: 5 237.9 Confidential information. 6 A person who receives information from or through the 7 department concerning a child who has received or is receiving 8 child foster care, a relative or guardian of the child, a 9 single-family, home licensee, or an individual employee of 10 a licensee, shall not disclose that information directly or 11 indirectly, except as authorized by section 217.30 , or as 12 authorized or required by section 232.69 . if the information 13 concerns any of the following: 14 1. A child who has received or is receiving child foster 15 care. 16 2. A relative, fictive kin, or guardian of a child who has 17 received or is receiving child foster care. 18 3. An individual licensee. 19 4. An employee of a licensee. 20 5. An approved kinship caregiver. 21 Sec. 22. Section 237.10, Code 2025, is amended to read as 22 follows: 23 237.10 Child foster care providers Individual licensees and 24 approved kinship caregivers . 25 1. a. The department shall notify an individual licensee or 26 approved kinship caregiver of any appropriate meetings relating 27 to the case permanency plan of a child in the care of the 28 individual licensee or approved kinship caregiver . 29 b. The department shall notify an individual licensee 30 or approved kinship caregiver of any meetings known to the 31 department relating to the individualized education program 32 of a child in the care of the individual licensee or approved 33 kinship caregiver . 34 c. The department shall notify an individual licensee or 35 -18- LSB 1459HW (2) 91 dg/ko 18/ 34