SF 554 (LSB 2557SV (2) 91)

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 duties with respect to a child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.2, subsection 12, paragraph c, Code 2025, is amended to read as follows:
   c.  (1)  All rights and duties of a custodian shall be subject to any residual rights and duties remaining in a parent or guardian.
   (2)  Notwithstanding subparagraph (1), the department may consent to emergency medical care and routine medical care for a child that will allow the child to experience childhood and participate in activities in a manner similar to the child’s peers. “Routine medical care” includes but is not limited to all of the following:
   (a)  Preventative care, also known as wellness care, not including the administration of a vaccination.
   (b)  Nonemergency medical care including but not limited to a physical examination, a diagnostic laboratory test, or a medical visit for a minor illness.
   (c)  Use of necessary medication, including but not limited to antibiotics.
   (3)  Notwithstanding subparagraph (1), the department may consent to a child’s participation in an individualized education program.
    Sec. 2.  Section 232.2, subsection 12, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  If a court order entered under this chapter transfers legal custody of a child to the department, the department shall have the authority to delegate the department’s rights and duties as custodian of the child to a licensee under chapter 237.
    Sec. 3.  Section 237.10, subsection 1, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  (1)  The department shall notify an individual licensee, and the parents or guardians of a child, if the department delegates the department’s right to consent to emergency medical care and routine medical care on behalf of the child under section 232.2, paragraph “c”, to the individual licensee.
   (2)  The department shall notify the department of education, an individual licensee, and the parents or guardians of a child if the department delegates the department’s right to consent to participation in an individualized education program on behalf of the child under section 232.2, paragraph “c”, to the individual licensee.
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 the delegation of custodial rights and duties with respect to a child.
   If a court transfers legal custody of a child to the department of health and human services (HHS), the bill allows HHS to delegate HHS’s rights and duties as custodian of the child to a person licensed to provide child foster care. Delegable rights and duties are the duty to protect, train, and discipline the child; the duty to provide food, clothing, housing, and medical care for the child; and the right to consent to emergency medical care. Delegable rights and duties are subject to any residual rights and duties of the child’s parent or guardian.
   The bill clarifies that a parent’s or guardian’s residual rights and duties do not preclude HHS from consenting to a child’s participation in an individualized education program, or emergency or routine medical care for a child that will allow the child to experience childhood and participate in activities in a manner similar to the child’s peers. “Routine medical care” includes but is not limited to preventative care, also known as wellness care, not including the administration of a vaccination; nonemergency medical care; and use of necessary medication.
   The bill requires HHS to notify an individual licensee and the parents of a child if HHS delegates HHS’s right to consent to emergency or routine medical care, or participation in an individualized education program (IEP), on behalf of the child to the individual licensee. The bill requires HHS to notify the department of education if HHS delegates the right to consent to participation in an IEP on behalf of a child to an individual licensee.