HSB 146 (LSB 2624YC (4) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON HEALTH AND HUMAN SERVICES BILL BY CHAIRPERSON NORDMAN)

A BILL FOR

An Act relating to child placements, including the prioritization of certain persons for child placement and the implementation of the 30 days to family model, and making an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.102, subsection 1, paragraphs a and c, Code 2025, are amended to read as follows:
   a.  After a dispositional hearing, the court may enter an order transferring the legal custody of the child to a parent of the child. If the court finds that custody with either of the child’s parents is not in the child’s best interests, the child’s custody shall be transferred to the department for placement of the child in any of the following categories in the following order of priority: 
   (1)  An individual licensee under chapter 237 who has provided child foster care to the child for at least nine months immediately preceding the date of the dispositional hearing.
   (1)  (2)  An adult relative of the child including but not limited to adult siblings and parents of siblings. 
   (2)  (3)  A fictive kin.
   (3)  (4)  Any other suitable placement identified by the child’s relatives.
   (4)  (5)  An individual licensed to provide foster care pursuant to chapter 237. If the child is placed with a licensed foster care provider, the department shall assign decision-making authority to the foster care provider for the purpose of applying the reasonable and prudent parent standard during the child’s placement.
   (5)  (6)  A group care facility, shelter care facility, or other residential treatment facility.
   c.  A court shall not order placement of a child in a category identified listed in paragraph “a”, subparagraph (2), (3), (4), or (5), or (6), 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. 
    Sec. 2.  DEPARTMENT OF HEALTH AND HUMAN SERVICES —— CHILD PROTECTIVE SERVICES —— 30 DAYS TO FAMILY.
   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.  The department of health and human services shall assign each individual employed through the appropriation under subsection 1 to a separate child protective services service area. 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. Each employee shall implement practices described in the 30 days to family model to the greatest extent practicable while performing the employee’s duties.
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, including the prioritization of certain persons for child placement and the implementation of the 30 days to family model.
   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). The bill requires a court to prioritize an individual who provided child foster care to the child for at least nine months immediately preceding the date of the dispositional hearing higher than all other persons when determining a child’s placement.
   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. The employees shall implement practices described in the 30 days to family model to the greatest extent practicable. 30 days to family is a short-term intervention model that recommends best practices for placing a child with a family member within 30 days of the child entering foster care.