House File 638 - Introduced HOUSE FILE 638 BY COMMITTEE ON HEALTH AND HUMAN SERVICES (SUCCESSOR TO HSB 146) A BILL FOR An Act relating to child placements, and making an 1 appropriation. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2624HV (3) 91 dg/ko

H.F. 638 Section 1. Section 232.102, subsection 1, paragraph c, Code 1 2025, is amended to read as follows: 2 c. (1) A court shall not order placement of a child in a 3 category identified in paragraph “a” , subparagraph (2), (3), 4 (4), or (5) without a specific finding that placement with 5 an adult relative is not in the child’s best interests and 6 providing reasons for the court’s finding. 7 (2) Notwithstanding any provision under this subsection 8 to the contrary, if the court finds, during the dispositional 9 hearing, that the child has been placed with an individual 10 licensed under chapter 237 to provide foster care for at least 11 nine months immediately preceding the dispositional hearing, 12 the court shall not order placement of a child in a category 13 identified in paragraph “a” , subparagraph (1), (2), or (3), 14 without a specific finding that such placement is in the 15 child’s best interests and providing reasons for the court’s 16 findings. 17 Sec. 2. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— CHILD 18 PROTECTIVE SERVICES. 19 1. There is appropriated from the general fund of the state 20 to the department of health and human services for the fiscal 21 year beginning July 1, 2025, and ending June 30, 2026, the 22 following amount, or so much thereof as is necessary, to be 23 used for the purposes designated: 24 To employ five individuals with the department to perform 25 child protective services duties: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 275,000 27 2. a. The department of health and human services shall 28 assign each individual employed through the appropriation under 29 subsection 1 to a separate child protective services area. 30 b. Each employee shall be responsible for performing the 31 identification and notice duties required under section 232.84 32 for the service area to which the employee was assigned. 33 c. Each employee shall utilize, to the extent practicable, 34 national models and practice standards to improve outcomes 35 -1- LSB 2624HV (3) 91 dg/ko 1/ 2

H.F. 638 under the requirements of section 232.84. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to child placements. 5 Under current law, after a dispositional hearing for a child 6 in need of assistance proceeding, if a court determines that 7 placing a child’s custody with either of the child’s parents is 8 not in the child’s best interests, the court must transfer the 9 child’s custody to the department of health and human services 10 (HHS) for placement with certain persons as prioritized in 11 Code section 232.102(1)(a) (transfer of legal custody of 12 child and placement). If a child was placed with a licensed 13 foster parent for at least nine months immediately preceding 14 the dispositional hearing, the bill prohibits the court from 15 placing the child with a different individual unless the court 16 makes a specific finding that placement with the different 17 individual is in the child’s best interests, and the court 18 provides reasons for the finding. 19 Currently, HHS divides the state into five separate child 20 protective services (CPS) service areas, and Code section 21 232.84 (transfer of custody —— notice to adult relatives) 22 requires HHS, juvenile court services, or a private agency 23 to exercise due diligence to identify and provide notice to 24 certain adult relatives of a child if the child’s custody is 25 transferred from the child’s parents. The bill appropriates 26 $275,000 to HHS for FY 2025-2026 for the purpose of adding 27 five HHS employees to perform CPS duties. HHS must assign 28 each employee employed through the appropriation to a separate 29 CPS service area. Each employee shall be responsible for 30 performing the identification and notice duties required under 31 Code section 232.84 for the service area to which the employee 32 was assigned, and each employee shall utilize, to the extent 33 practicable, national models and practice standards to improve 34 outcomes under the requirements of Code section 232.84. 35 -2- LSB 2624HV (3) 91 dg/ko 2/ 2