Senate File 554 - Introduced SENATE FILE 554 BY COMMITTEE ON HEALTH AND HUMAN SERVICES (SUCCESSOR TO SF 329) A BILL FOR An Act relating to the delegation of custodial rights and 1 duties with respect to a child. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2557SV (2) 91 dg/ko

S.F. 554 Section 1. Section 232.2, subsection 12, paragraph c, Code 1 2025, is amended to read as follows: 2 c. (1) All rights and duties of a custodian shall be 3 subject to any residual rights and duties remaining in a parent 4 or guardian. 5 (2) Notwithstanding subparagraph (1), the department may 6 consent to emergency medical care and routine medical care for 7 a child that will allow the child to experience childhood and 8 participate in activities in a manner similar to the child’s 9 peers. “Routine medical care” includes but is not limited to 10 all of the following: 11 (a) Preventative care, also known as wellness care, not 12 including the administration of a vaccination. 13 (b) Nonemergency medical care including but not limited 14 to a physical examination, a diagnostic laboratory test, or a 15 medical visit for a minor illness. 16 (c) Use of necessary medication, including but not limited 17 to antibiotics. 18 (3) Notwithstanding subparagraph (1), the department 19 may consent to a child’s participation in an individualized 20 education program. 21 Sec. 2. Section 232.2, subsection 12, Code 2025, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . d. If a court order entered under this 24 chapter transfers legal custody of a child to the department, 25 the department shall have the authority to delegate the 26 department’s rights and duties as custodian of the child to a 27 licensee under chapter 237. 28 Sec. 3. Section 237.10, subsection 1, Code 2025, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . d. (1) The department shall notify an 31 individual licensee, and the parents or guardians of a child, 32 if the department delegates the department’s right to consent 33 to emergency medical care and routine medical care on behalf of 34 the child under section 232.2, paragraph “c” , to the individual 35 -1- LSB 2557SV (2) 91 dg/ko 1/ 3

S.F. 554 licensee. 1 (2) The department shall notify the department of 2 education, an individual licensee, and the parents or guardians 3 of a child if the department delegates the department’s right 4 to consent to participation in an individualized education 5 program on behalf of the child under section 232.2, paragraph 6 “c” , to the individual licensee. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to the delegation of custodial rights and 11 duties with respect to a child. 12 If a court transfers legal custody of a child to the 13 department of health and human services (HHS), the bill allows 14 HHS to delegate HHS’s rights and duties as custodian of the 15 child to a person licensed to provide child foster care. 16 Delegable rights and duties are the duty to protect, train, 17 and discipline the child; the duty to provide food, clothing, 18 housing, and medical care for the child; and the right to 19 consent to emergency medical care. Delegable rights and duties 20 are subject to any residual rights and duties of the child’s 21 parent or guardian. 22 The bill clarifies that a parent’s or guardian’s residual 23 rights and duties do not preclude HHS from consenting to a 24 child’s participation in an individualized education program, 25 or emergency or routine medical care for a child that will 26 allow the child to experience childhood and participate in 27 activities in a manner similar to the child’s peers. “Routine 28 medical care” includes but is not limited to preventative care, 29 also known as wellness care, not including the administration 30 of a vaccination; nonemergency medical care; and use of 31 necessary medication. 32 The bill requires HHS to notify an individual licensee and 33 the parents of a child if HHS delegates HHS’s right to consent 34 to emergency or routine medical care, or participation in an 35 -2- LSB 2557SV (2) 91 dg/ko 2/ 3

S.F. 554 individualized education program (IEP), on behalf of the child 1 to the individual licensee. The bill requires HHS to notify 2 the department of education if HHS delegates the right to 3 consent to participation in an IEP on behalf of a child to an 4 individual licensee. 5 -3- LSB 2557SV (2) 91 dg/ko 3/ 3