SF 564 (LSB 2558SV (2) 91)

SENATE FILE 564

BY  COMMITTEE ON HEALTH AND HUMAN SERVICES

(SUCCESSOR TO SF 251)

A BILL FOR

An Act creating the positions of an ombudsman assistant for child foster care and a foster care advocate.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 2C.6, Code 2025, is amended to read as follows:
   2C.6  Deputy —— assistant for penal agencies assistants.
   1.  The ombudsman shall designate one of the members of the staff as the deputy ombudsman, with authority to act as ombudsman when the ombudsman is absent from the state or becomes disabled. The ombudsman may delegate to members of the staff any of the authority or duties of the office except the duty of formally making recommendations to agencies or reports to the governor or the general assembly.
   2.  The ombudsman shall appoint an assistant who shall be primarily responsible for investigating complaints relating to penal or correctional agencies.
   3.  The ombudsman shall appoint an assistant who shall be primarily responsible for investigating complaints relating to child foster care under chapter 237.
    Sec. 2.  NEW SECTION.  237.14B  State foster care advocate and ombudsman assistant —— information.
   All materials relating to child foster care that are made available by the department, or an agent of the department, to the public shall contain information about the state foster care advocate, and the ombudsman assistant described in section 2C.6, subsection 3. The information shall include the name, telephone number, and internet site of the state foster care advocate, and the telephone number and internet site for the state office of ombudsman.
    Sec. 3.  DEPARTMENT OF HEALTH AND HUMAN SERVICES —— STATE FOSTER CARE ADVOCATE.
   1.  For purposes of this section:
   a.  “Child foster care” means the same as defined in section 237.1.
   b.  “Department” means the department of health and human services.
   c.  “Individual” means the same as defined in section 237.1.
   d.  “Licensee” means the same as defined in section 237.1.
   2.  a.  The department shall designate a person to serve as the state foster care advocate.
   b.  The state foster care advocate shall serve within the department’s compliance division, and remain separate from the department’s family well-being and protection division. 
   c.  The state foster care advocate shall act as a resource to individual licensees by doing the following:
   (1)  Improving department administrative and operational functions related to child foster care.
   (2)  Engaging in department policy discussions as an advocate for individual licensees.
   (3)  Making policy recommendations that consider the health and safety of children receiving child foster care.
   (4)  Engaging with public and private entities related to child foster care.
   (5)  Receiving complaints about the provision of child foster care services by the department or an agent of the department.
   (6)  Engaging with individual licensees relating to resources and services available to the individual licensee.
   (7)  Other duties related to child foster care advocacy as assigned by the department.
   3.  At the time a person obtains a license to provide child foster care, the department shall provide the person with the state foster care advocate’s name, telephone number, and internet site, and a brief description of the services the state foster care advocate provides.
   4.  On or before December 1, 2025, the department shall submit proposed legislation to the general assembly that codifies and defines the state foster care advocate within the department, including the state foster care advocate’s duties as outlined in subsection 2, paragraph “c”. Prior to submitting the proposed legislation, the department shall solicit public input regarding the proposed legislation, specifically from persons involved in child foster care.
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 creation of the positions of ombudsman assistant for child foster care (ombudsman assistant), and foster care advocate (advocate).
   The bill requires the state ombudsman to appoint an ombudsman assistant for investigating complaints relating to child foster care.
   The bill creates the advocate’s position within the department of health and human services’ (HHS) compliance division, and separate from HHS’s family well-being and protection division. The bill requires the advocate to act as a resource to foster parents and lists several duties the advocate must perform to fulfill the purpose of the position. When a person obtains a license to provide child foster care, the bill requires HHS to provide the person with the advocate’s name, telephone number, and internet site, and a brief description of the services the advocate provides. The bill requires HHS to submit proposed legislation to the general assembly on or before December 1, 2025, that codifies and defines the advocate position within HHS. HHS must solicit public input about the proposed legislation prior to submission.
   The bill requires all materials relating to child foster care that are made available by HHS, or an agent of HHS, to the public to contain information about the advocate and the ombudsman assistant. The information must include the name, telephone number, and internet site of the advocate, and the telephone number and internet site for the state office of ombudsman.