HF 86 (LSB 1324YH (4) 91)

HOUSE FILE 86

BY  LOHSE

A BILL FOR

An Act relating to aid, processes, and services for children in, adopted from, or in need of foster care.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.96A, subsection 6, Code 2025, is amended to read as follows:
   6.  The child is in need of treatment to cure or alleviate a serious chemical dependency or mental illness or disorder, or emotional damage as evidenced by severe anxiety, depression, withdrawal, or behavioral health disorder that compromises the child’s safety or causes untoward aggressive behavior toward the child’s self or others in the household, and the child’s parent, guardian, or custodian is unwilling to provide such treatment or the parent’s, guardian’s, or custodian’s efforts to secure needed treatment have been exhausted and unsuccessful.
    Sec. 2.  Section 232.96A, subsections 11, 12, and 13, Code 2025, are amended by striking the subsections.
    Sec. 3.  Section 234.38, Code 2025, is amended to read as follows:
   234.38  Foster care reimbursement rates.
   The department shall make reimbursement payments directly to foster parents for services provided to children pursuant to section 234.6, subsection 1, paragraph “e”, subparagraph (2), or section 234.35. In any fiscal year, the reimbursement rate shall be based upon sixty-five percent of the United States department of agriculture estimate of the cost to raise a child in the calendar year immediately preceding the fiscal year. The department may pay an additional stipend for a child with special needs.  The department shall review reimbursement payment rates paid to foster parents under this section no less than once every three years. The department shall adopt rules pursuant to chapter 17A to administer this section.
    Sec. 4.  Section 600.8, subsection 3, Code 2025, is amended to read as follows:
   3.  a.  The department, an agency, or a certified adoption investigator shall conduct all investigations and reports required under subsection 2.
   b.  The department shall pay the costs of the preplacement investigation under subsection 2 and the postplacement investigation under subsection 4, up to a maximum of two thousand dollars for the preplacement investigation and up to a maximum of two thousand dollars for the postplacement investigation.
   c.  The department shall not pay the costs of the preplacement investigation or the postplacement investigation as required under paragraph “b” until a prospective adoption petitioner has been approved under subsection 1, paragraph “a”, subparagraph (3), by the person making the investigation.
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 aid, processes, and services for children in, adopted from, or in need of foster care.
   The bill allows a court to adjudicate a child in need of assistance (CINA) when the child requires treatment to cure or alleviate a serious chemical dependency or mental or behavioral health disorder that compromises the child’s safety or causes untoward aggressive behavior toward others in the household, and the child’s parent, guardian, or custodian (parent) is unwilling to provide such treatment, or the parent’s efforts to secure needed treatment have been exhausted and unsuccessful. Under current law, to be adjudicated a CINA, a child must need treatment to cure or alleviate a serious mental illness or disorder, or emotional damage as evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward the child’s self or others and the child’s parent is unwilling to provide such treatment.
   The bill eliminates certain circumstances when a child may be adjudicated a CINA.
   The bill eliminates the requirement that certain reimbursements to foster parents must be based on 65 percent of the United States department of agriculture estimate of the cost to raise a child in the calendar year immediately preceding the fiscal year, and eliminates the additional stipend for special needs children. Instead, the bill requires the department of health and human services (HHS) to adopt rules relating to the foster parent reimbursement rates (rates) and to review the rates no less than once every three years.
   The bill requires HHS to reimburse an adoption petitioner for the costs of the preplacement and postplacement investigations related to the adoption up to a maximum amount of $2,000 per investigation. The bill prohibits HHS from making such reimbursements until the person performing the preplacement background check approves the adoption petitioner’s initial required background checks.