HF 638 (LSB 2624HV (3) 91)

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 appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.102, subsection 1, paragraph c, Code 2025, is amended to read as follows:
   c.  (1)  A court shall not order placement of a child in a category identified in paragraph “a”, subparagraph (2), (3), (4), or (5) without a specific finding that placement with an adult relative is not in the child’s best interests and providing reasons for the court’s finding. 
   (2)  Notwithstanding any provision under this subsection to the contrary, if the court finds, during the dispositional hearing, that the child has been placed with an individual licensed under chapter 237 to provide foster care for at least nine months immediately preceding the dispositional hearing, the court shall not order placement of a child in a category identified in paragraph “a”, subparagraph (1), (2), or (3), without a specific finding that such placement is in the child’s best interests and providing reasons for the court’s findings.
    Sec. 2.  DEPARTMENT OF HEALTH AND HUMAN SERVICES —— CHILD PROTECTIVE SERVICES.
   1.  There is appropriated from the general fund of the state to the department of health and human services for the fiscal year beginning July 1, 2025, and ending June 30, 2026, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   To employ five individuals with the department to perform child protective services duties:
   ...................................................................... $    275,000

   2.  a.  The department of health and human services shall assign each individual employed through the appropriation under subsection 1 to a separate child protective services area.
   b.  Each employee shall be responsible for performing the identification and notice duties required under section 232.84 for the service area to which the employee was assigned.
   c.  Each employee shall utilize, to the extent practicable, national models and practice standards to improve outcomes under the requirements of section 232.84.
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 child placements.
   Under current law, after a dispositional hearing for a child in need of assistance proceeding, if a court determines that placing a child’s custody with either of the child’s parents is not in the child’s best interests, the court must transfer the child’s custody to the department of health and human services (HHS) for placement with certain persons as prioritized in Code section 232.102(1)(a) (transfer of legal custody of child and placement). If a child was placed with a licensed foster parent for at least nine months immediately preceding the dispositional hearing, the bill prohibits the court from placing the child with a different individual unless the court makes a specific finding that placement with the different individual is in the child’s best interests, and the court provides reasons for the finding.
   Currently, HHS divides the state into five separate child protective services (CPS) service areas, and Code section 232.84 (transfer of custody —— notice to adult relatives) requires HHS, juvenile court services, or a private agency to exercise due diligence to identify and provide notice to certain adult relatives of a child if the child’s custody is transferred from the child’s parents. The bill appropriates $275,000 to HHS for FY 2025-2026 for the purpose of adding five HHS employees to perform CPS duties. HHS must assign each employee employed through the appropriation to a separate CPS service area. Each employee shall be responsible for performing the identification and notice duties required under Code section 232.84 for the service area to which the employee was assigned, and each employee shall utilize, to the extent practicable, national models and practice standards to improve outcomes under the requirements of Code section 232.84.