Senate
File
474
-
Reprinted
SENATE
FILE
474
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
SSB
1120)
(As
Amended
and
Passed
by
the
Senate
April
16,
2025
)
A
BILL
FOR
An
Act
relating
to
services
and
support
for
youth,
including
1
treatment,
physical
assessments,
and
behavioral
health
2
evaluations
for
youth
involved
in
juvenile
delinquency
and
3
child
in
need
of
assistance
proceedings;
the
licensing
4
and
certification
of
certain
residential
facilities;
5
the
provision
of
home
and
community-based
services
and
6
habilitation
services
to
certain
youth
by
residential
7
programs;
administration
and
supervision
of
juvenile
court
8
services;
and
the
suspension
of
Hawki
eligibility
for
9
inmates
of
public
institutions.
10
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
11
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DIVISION
I
1
SERVICES
AND
SUPPORT
FOR
CHILDREN
AND
YOUTH
2
Section
1.
Section
125.13,
subsection
2,
Code
2025,
is
3
amended
by
adding
the
following
new
paragraph:
4
NEW
PARAGRAPH
.
k.
A
psychiatric
medical
institution
for
5
children
licensed
under
chapter
135H,
unless
the
psychiatric
6
medical
institution
for
children
provides
substance
use
7
disorder
services.
8
Sec.
2.
Section
135H.1,
Code
2025,
is
amended
to
read
as
9
follows:
10
135H.1
Definitions.
11
As
used
in
this
chapter
,
unless
the
context
otherwise
12
requires:
13
1.
“Approved
qualifying
organization”
means
any
of
the
14
following:
15
a.
The
joint
commission.
16
b.
The
commission
on
accreditation
of
rehabilitation
17
facilities.
18
c.
The
council
on
accreditation.
19
d.
A
nationally
recognized
accrediting
organization
with
20
standards
comparable
to
the
entities
listed
in
paragraphs
“a”
21
through
“c”
that
are
acceptable
under
federal
regulations.
22
e.
An
entity
specified
by
rule
adopted
by
the
department
in
23
consultation
with
the
department
of
health
and
human
services.
24
1.
2.
“Department”
means
the
department
of
inspections,
25
appeals,
and
licensing.
26
2.
3.
“Direction”
means
authoritative
policy
or
procedural
27
guidance
for
the
accomplishment
of
a
function
or
an
activity.
28
3.
4.
“Licensee”
means
the
holder
of
a
license
issued
to
29
operate
a
psychiatric
medical
institution
for
children.
30
4.
5.
“Medical
care
plan”
means
a
plan
of
care
and
services
31
designed
to
eliminate
the
need
for
inpatient
care
by
improving
32
the
condition
of
a
child
youth
.
Services
must
be
based
upon
a
33
diagnostic
evaluation,
which
includes
an
examination
a
physical
34
assessment
and
behavioral
health
evaluation
of
the
medical,
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psychological,
social,
behavioral,
and
developmental
aspects
1
of
the
child’s
youth’s
situation,
reflecting
the
need
for
2
inpatient
care.
3
6.
“Mental
health
disorder”
means
any
of
the
following:
4
a.
A
mental
disorder
as
defined
by
the
most
recent
version
5
of
the
diagnostic
and
statistical
manual
of
mental
disorders
6
published
by
the
American
psychiatric
association.
7
b.
A
mental
disorder
included
in
the
mental,
behavioral,
or
8
neurodevelopmental
disorders
chapter
in
the
most
recent
version
9
of
the
international
classification
of
diseases
published
by
10
the
world
health
organization.
11
5.
7.
“Mental
health
professional”
means
an
individual
who
12
has
all
of
the
following
qualifications:
13
a.
The
individual
holds
at
least
a
master’s
degree
in
a
14
mental
health
field,
including
but
not
limited
to,
psychology,
15
counseling
and
guidance,
nursing,
and
or
social
work,
or
the
16
individual
is
a
physician.
17
b.
The
individual
holds
a
current
Iowa
license
if
practicing
18
in
a
field
covered
by
that
requires
an
Iowa
licensure
law
19
license
.
20
c.
The
individual
has
at
least
two
years
of
post-degree
21
clinical
experience,
supervised
by
another
mental
health
22
professional,
in
assessing
mental
health
needs
and
problems
and
23
in
providing
appropriate
mental
health
services.
24
6.
8.
“Nursing
care”
means
services
which
are
provided
25
under
the
direction
of
a
physician
or
registered
nurse.
26
7.
9.
“Physician”
means
a
person
licensed
under
chapter
27
148
.
28
10.
“Protective
locked
environment”
means
a
setting
that
29
prevents
egress
from
a
building
or
grounds
as
a
protective
30
measure
to
ensure
safety
and
security.
31
8.
11.
“Psychiatric
medical
institution
for
children”
or
32
“psychiatric
institution”
means
an
institution
providing
more
33
than
twenty-four
hours
of
continuous
care
involving
long-term
34
psychiatric
services
to
three
or
more
children
youth
in
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residence
for
expected
periods
of
fourteen
or
more
days
for
an
1
assessment,
evaluation,
and
diagnosis
and
evaluation
or
for
2
expected
periods
of
ninety
days
or
more
for
treatment.
3
9.
12.
“Psychiatric
services”
means
services
provided
under
4
the
direction
of
a
physician
which
address
mental,
emotional,
5
medical,
or
behavioral
problems.
6
13.
“Record
check
evaluation
system”
means
the
same
as
7
defined
in
section
135C.1.
8
10.
14.
“Rehabilitative
services”
means
services
to
9
encourage
and
assist
restoration
of
a
resident’s
optimum
mental
10
and
physical
capabilities.
11
11.
15.
“Resident”
means
a
person
who
is
less
than
12
twenty-one
years
of
age
and
youth
who
has
been
admitted
by
a
13
physician
to
a
psychiatric
medical
institution
for
children.
14
16.
“Serious
emotional
disturbance”
means
a
diagnosable
15
mental,
behavioral,
or
emotional
disorder
that
meets
the
16
diagnostic
criteria
specified
in
the
most
current
diagnostic
17
and
statistical
manual
of
mental
disorders
published
by
18
the
American
psychiatric
association.
“Serious
emotional
19
disturbance”
does
not
include
a
substance
use
disorder
or
20
developmental
disorder
unless
such
disorder
co-occurs
with
a
21
diagnosable
mental,
behavioral,
or
emotional
disorder.
22
17.
“Substance
use
disorder”
means
the
same
as
defined
in
23
section
125.2.
24
12.
18.
“Supervision”
means
direct
oversight
and
inspection
25
of
the
an
act
of
accomplishing
that
accomplishes
a
function
or
26
activity.
27
19.
“Youth”
means
a
person
who
is
less
than
twenty-one
years
28
of
age.
29
Sec.
3.
Section
135H.3,
Code
2025,
is
amended
to
read
as
30
follows:
31
135H.3
Nature
of
care.
32
1.
a.
A
psychiatric
medical
institution
for
children
33
shall
provide
shelter,
food,
supervision,
care,
assessment,
34
evaluation,
diagnosis,
treatment,
counseling,
rehabilitative
35
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services,
and
related
professional-directed
services
to
1
youth
who
have
a
serious
emotional
disturbance,
a
substance
2
use
disorder,
or
both,
with
the
intention
of
reducing
or
3
ameliorating
the
disorder,
the
symptoms
of
the
disorder,
or
the
4
effects
of
the
disorder.
5
b.
A
psychiatric
medical
institution
for
children
shall
6
utilize
a
team
of
professionals
to
direct
an
organized
program
7
of
diagnostic
services,
psychiatric
services,
nursing
care,
8
and
rehabilitative
services
to
meet
the
needs
of
residents
9
in
accordance
with
a
medical
care
plan
developed
for
each
10
resident.
The
membership
of
the
team
of
professionals
11
may
include
but
is
not
limited
to
an
advanced
registered
12
nurse
practitioner
or
a
physician
assistant.
Social
and
13
rehabilitative
services
shall
be
provided
under
the
direction
14
of
a
qualified
mental
health
professional.
15
2.
If
a
child
youth
is
diagnosed
with
a
biologically
16
based
mental
illness
as
defined
in
section
514C.22
and
meets
17
the
medical
assistance
program
criteria
for
admission
to
a
18
psychiatric
medical
institution
for
children,
the
child
youth
19
shall
be
deemed
to
meet
the
acuity
criteria
for
medically
20
necessary
inpatient
benefits
under
a
group
policy,
contract,
or
21
plan
providing
for
third-party
payment
or
prepayment
of
health,
22
medical,
and
surgical
coverage
benefits
issued
by
a
carrier,
as
23
defined
in
section
513B.2
,
that
is
subject
to
section
514C.22
.
24
Such
medically
necessary
benefits
shall
not
be
excluded
or
25
denied
as
care
that
is
substantially
custodial
in
nature
under
26
section
514C.22,
subsection
8
,
paragraph
“b”
.
27
Sec.
4.
Section
135H.4,
Code
2025,
is
amended
to
read
as
28
follows:
29
135H.4
Licensure.
30
1.
A
person
shall
not
establish,
operate,
or
maintain
a
31
psychiatric
medical
institution
for
children
unless
the
person
32
obtains
a
license
for
the
institution
under
this
chapter
and
33
either
holds
a
license
under
section
237.3,
subsection
2
,
34
paragraph
“a”
,
as
a
comprehensive
residential
facility
for
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children
or
holds
a
license
under
section
125.13
,
if
the
1
facility
provides
substance
use
disorder
treatment
under
2
chapter
237,
and
holds
a
license
under
this
chapter
.
3
2.
In
addition
to
the
requirements
under
subsection
1,
a
4
person
shall
not
provide
substance
use
disorder
services
at
a
5
psychiatric
medical
institution
for
children
unless
the
person
6
holds
a
license
under
section
125.13.
The
department
of
health
7
and
human
services
shall
adopt
rules
pursuant
to
chapter
17A
8
to
create
an
expedited
process
for
a
person
to
simultaneously
9
obtain
a
license
under
section
125.13
and
a
license
as
a
10
comprehensive
residential
facility
for
children
under
chapter
11
237.
12
Sec.
5.
Section
135H.5,
Code
2025,
is
amended
to
read
as
13
follows:
14
135H.5
Application
for
license
——
initial
application
and
15
annual
fees
.
16
1.
An
application
for
a
license
under
this
chapter
shall
17
be
submitted
on
a
form
requesting
information
required
by
18
the
department
,
which
.
The
application
may
include
require
19
affirmative
evidence
of
the
applicant’s
ability
to
comply
with
20
the
rules
for
standards
adopted
pursuant
to
this
chapter
.
The
21
application
shall
require
the
applicant
to
specify
whether
the
22
applicant
intends
to
provide
services
for
serious
emotional
23
disturbances,
substance
use
disorders,
or
both.
24
2.
An
application
for
a
license
shall
be
accompanied
by
the
25
required
license
fee
which
shall
be
credited
to
the
general
26
fund
of
the
state.
The
initial
application
fee
and
the
annual
27
license
fee
is
twenty-five
dollars.
28
Sec.
6.
Section
135H.6,
subsections
1,
4,
and
5,
Code
2025,
29
are
amended
to
read
as
follows:
30
1.
The
department
shall
issue
a
license
to
an
applicant
31
under
this
chapter
if
all
the
following
conditions
exist:
32
a.
The
department
has
ascertained
that
the
applicant’s
33
medical
facilities
and
staff
are
adequate
to
provide
the
care
34
and
services
required
of
a
psychiatric
medical
institution
for
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474
children
.
1
b.
The
proposed
psychiatric
institution
is
accredited
2
by
the
joint
commission
on
the
accreditation
of
health
3
care
organizations,
the
commission
on
accreditation
of
4
rehabilitation
facilities,
the
council
on
accreditation
of
5
services
for
families
and
children,
or
by
any
other
recognized
6
accrediting
organization
with
comparable
standards
acceptable
7
under
federal
regulation
an
approved
qualifying
organization
.
8
c.
The
applicant
complies
with
applicable
state
rules
9
and
standards
for
a
psychiatric
institution
adopted
by
the
10
department
in
accordance
with
federal
requirements
under
42
11
C.F.R.
§441.150
–
441.156.
12
d.
The
department
of
health
and
human
services
has
submitted
13
written
approval
of
the
application
based
on
the
department
14
of
health
and
human
services’
determination
of
need.
The
15
department
of
health
and
human
services
shall
identify
the
16
location
and
number
of
children
youth
in
the
state
who
require
17
the
services
of
a
psychiatric
medical
institution
for
children.
18
Approval
of
an
application
shall
be
based
upon
the
location
19
of
the
proposed
psychiatric
institution
relative
to
the
need
20
for
services
identified
by
the
department
of
health
and
human
21
services
and
an
analysis
of
the
applicant’s
ability
to
provide
22
services
and
support
consistent
with
requirements
under
chapter
23
232
,
particularly
regarding
specifically
community-based
24
treatment.
If
the
proposed
psychiatric
institution
is
not
25
freestanding
from
a
facility
licensed
under
chapter
135B
or
26
135C
,
approval
under
this
paragraph
shall
not
be
given
unless
27
the
department
of
health
and
human
services
certifies
that
28
the
proposed
psychiatric
institution
is
capable
of
providing
29
a
resident
with
a
living
environment
similar
to
the
living
30
environment
provided
by
a
licensee
which
is
freestanding
from
a
31
facility
licensed
under
chapter
135B
or
135C
.
32
e.
The
proposed
psychiatric
institution
is
under
the
33
direction
of
an
agency
which
has
operated
a
facility
licensed
34
under
section
237.3,
subsection
2
,
paragraph
“a”
,
as
a
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474
comprehensive
residential
facility
for
children
for
three
years
1
or
of
an
agency
which
has
operated
a
facility
for
three
years
2
providing
psychiatric
services
exclusively
to
children
or
3
adolescents
and
the
facility
meets
or
exceeds
requirements
for
4
licensure
under
section
237.3,
subsection
2
,
paragraph
“a”
,
as
a
5
comprehensive
residential
facility
for
children.
6
f.
e.
If
a
child
youth
has
an
a
serious
emotional
,
7
behavioral,
or
mental
health
disorder
disturbance
,
the
8
psychiatric
institution
does
not
require
court
any
of
the
9
following
as
a
condition
for
the
youth
to
obtain
treatment:
10
(1)
Court
proceedings
to
be
initiated
or
that
a
child’s
.
11
(2)
For
the
youth’s
parent,
guardian,
or
custodian
must
12
to
terminate
parental
rights
over
,
or
transfer
legal
custody
13
of
,
the
child
for
the
purposes
of
obtaining
treatment
from
the
14
psychiatric
institution
for
the
child
youth
.
15
(3)
Relinquishment
of
a
child’s
the
youth’s
custody
shall
16
not
be
a
condition
of
the
child
receiving
services
.
17
4.
The
department
of
health
and
human
services
may
give
18
approval
to
approve
a
conversion
of
beds
approved
under
19
subsection
2
,
to
if
the
beds
which
are
specialized
to
provide
20
substance
use
disorder
treatment.
However,
the
total
number
of
21
beds
approved
under
subsection
2
and
this
subsection
shall
not
22
exceed
four
hundred
thirty
,
unless
approved
for
good
cause
by
23
the
director
pursuant
to
subsection
2
.
Beds
The
limitations
24
on
the
number
of
beds
under
this
section
shall
not
apply
to
25
beds
for
children
youth
who
do
not
reside
in
this
state
and
26
whose
service
costs
are
not
paid
by
public
funds
in
this
state
27
are
not
subject
to
the
limitations
on
the
number
of
beds
28
requirements
otherwise
applicable
under
this
section
.
29
5.
A
psychiatric
institution
licensed
prior
to
July
1,
1999,
30
may
exceed
the
number
of
beds
authorized
under
subsection
2
31
if
the
excess
beds
are
used
to
provide
services
funded
from
32
a
source
other
than
the
medical
assistance
program
under
33
chapter
249A
.
Notwithstanding
subsection
1
,
paragraph
“d”
,
and
34
subsection
2
,
the
provision
of
services
using
those
excess
beds
35
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does
not
require
a
review
by
the
department
of
health
and
human
1
services.
2
Sec.
7.
Section
135H.7,
subsection
2,
paragraph
a,
Code
3
2025,
is
amended
to
read
as
follows:
4
a.
If
a
person
who
has
been
convicted
of
a
crime
or
has
a
5
record
of
founded
child
abuse
is
being
considered
for
licensure
6
under
this
chapter
,
or
for
employment
with
a
psychiatric
7
institution
involving
direct
responsibility
for
a
child
youth
8
or
with
access
to
a
child
youth
when
the
child
youth
is
alone,
9
by
a
licensed
psychiatric
institution,
or
if
a
person
will
10
reside
residence
in
a
facility
utilized
by
a
licensee,
and
if
11
the
person
has
been
convicted
of
a
crime
or
has
a
record
of
12
founded
child
abuse,
the
record
check
evaluation
system
and
13
the
licensee
for
an
employee
of
the
licensee
considering
the
14
person
for
employment
shall
perform
an
evaluation
to
determine
15
whether
the
crime
or
founded
child
abuse
warrants
prohibition
16
of
licensure,
employment,
or
residence
in
the
facility
utilized
17
by
a
licensee
.
The
record
check
evaluation
system
of
the
18
department
of
health
and
human
services
shall
conduct
criminal
19
and
child
abuse
record
checks
in
this
state
and
may
conduct
20
these
checks
in
other
states.
The
record
check
evaluation
21
shall
be
performed
in
accordance
with
procedures
adopted
for
22
this
purpose
by
the
department
of
health
and
human
services.
23
Sec.
8.
NEW
SECTION
.
135H.7A
Protective
locked
environment
24
——
rules.
25
The
department,
in
cooperation
with
the
department
of
health
26
and
human
services,
shall
adopt
rules
pursuant
to
chapter
17A
27
relating
to
the
application
of
a
protective
locked
environment
28
in
a
psychiatric
medical
institution
for
children.
29
Sec.
9.
Section
135H.10,
subsection
2,
Code
2025,
is
amended
30
to
read
as
follows:
31
2.
This
chapter
shall
not
be
construed
as
prohibiting
32
the
use
of
to
prohibit
funds
appropriated
for
foster
care
to
33
from
being
used
to
provide
payment
to
a
psychiatric
medical
34
institution
for
children
for
the
financial
participation
35
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required
of
a
child
youth
whose
foster
care
placement
is
in
a
1
psychiatric
medical
institution
for
children.
In
accordance
2
with
established
policies
and
procedures
for
foster
care,
the
3
department
of
health
and
human
services
shall
act
to
recover
4
any
such
payment
for
financial
participation,
apply
to
be
named
5
payee
for
the
child’s
youth’s
unearned
income,
and
recommend
6
parental
liability
for
the
costs
of
a
court-ordered
foster
care
7
placement
in
a
psychiatric
medical
institution.
8
Sec.
10.
Section
135H.13,
subsection
1,
Code
2025,
is
9
amended
to
read
as
follows:
10
1.
The
department’s
final
findings
and
the
survey
findings
11
of
the
joint
commission
on
the
accreditation
of
health
care
12
organizations
an
approved
qualifying
organization
regarding
13
licensure
or
program
accreditation
shall
be
made
available
14
to
the
public
in
a
readily
available
form
and
place.
Other
15
information
relating
to
the
psychiatric
institution
is
16
confidential
and
shall
not
be
made
available
to
the
public
17
except
in
proceedings
a
proceeding
involving
licensure,
a
18
civil
suit
involving
a
resident,
or
an
administrative
action
19
involving
a
resident.
20
Sec.
11.
Section
229.13,
subsection
1,
paragraph
c,
Code
21
2025,
is
amended
to
read
as
follows:
22
c.
(1)
If
the
court
orders
evaluation
and
treatment
of
23
the
respondent
on
an
inpatient
basis
under
this
section
,
the
24
court
may
order
the
respondent
placed
under
the
care
of
an
25
appropriate
subacute
care
facility
licensed
under
chapter
135G
.
26
(2)
If
the
court
orders
evaluation
and
treatment
of
a
minor
27
respondent
on
an
inpatient
basis
under
this
section,
the
court
28
may
order
the
minor
respondent
placed
under
the
care
of
an
29
appropriate
public
hospital.
30
Sec.
12.
Section
229.13,
subsection
5,
Code
2025,
is
amended
31
to
read
as
follows:
32
5.
a.
(1)
The
chief
medical
officer
of
the
hospital
or
33
facility
at
which
the
respondent
is
placed
shall
report
to
the
34
court
and
make
a
recommendation
for
disposition
of
the
matter
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no
more
than
fifteen
days
after
the
date
the
respondent
is
1
placed
,
making
a
recommendation
for
disposition
of
the
matter
2
at
the
hospital
or
facility
.
An
3
(2)
If
the
respondent
is
a
minor
and
is
placed
under
the
4
care
of
a
public
hospital
pursuant
to
subsection
1,
paragraph
5
“c”
,
subparagraph
(2),
the
chief
medical
officer
of
the
public
6
hospital
shall
report
to
the
court
and
make
a
recommendation
7
for
disposition
no
later
than
thirty
calendar
days
after
the
8
date
the
minor
respondent
is
placed
under
the
care
of
the
9
public
hospital.
10
b.
A
copy
of
the
chief
medical
officer’s
report
shall
be
11
sent
to
the
respondent’s
attorney.
12
c.
(1)
Upon
request,
the
court
may
grant
the
chief
medical
13
officer
an
extension
of
time
may
be
granted
,
not
to
exceed
14
seven
days
,
upon
a
showing
of
cause.
A
copy
of
the
report
shall
15
be
sent
to
the
The
respondent’s
attorney
,
who
may
contest
the
16
need
for
an
extension
of
time
if
one
is
requested
.
An
17
(2)
The
court
shall
grant
an
extension
of
time
shall
be
18
granted
upon
request
unless
the
request
is
contested,
in
which
19
case
the
court
shall
make
such
inquiry
as
it
deems
appropriate
20
and
may
either
order
the
respondent’s
release
from
the
hospital
21
or
facility
,
or
grant
an
extension
of
time
for
psychiatric
22
evaluation.
23
d.
If
the
chief
medical
officer
fails
to
report
to
the
24
court
within
fifteen
days
after
the
individual
is
placed
under
25
the
care
of
the
hospital
or
facility
the
time
specified
in
26
paragraph
“a”
,
and
an
extension
of
time
has
not
been
requested
27
granted
,
the
chief
medical
officer
is
guilty
of
contempt
28
and
shall
be
punished
under
chapter
665.
The
court
shall
29
order
a
rehearing
on
the
application
to
determine
whether
the
30
respondent
should
continue
to
be
detained
at
or
placed
under
31
the
care
of
the
hospital
or
facility.
32
Sec.
13.
Section
229.14,
subsection
2,
paragraph
e,
Code
33
2025,
is
amended
to
read
as
follows:
34
e.
(1)
If
the
court
orders
placement
and
treatment
of
the
35
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a
respondent
on
an
inpatient
basis
under
this
section
,
the
1
court
may
order
the
respondent
placed
under
the
care
of
an
2
appropriate
subacute
care
facility
licensed
under
chapter
135G
.
3
(2)
If
the
court
orders
placement
and
treatment
of
a
minor
4
respondent
on
an
inpatient
basis
under
this
section,
the
court
5
may
order
the
minor
respondent
placed
under
the
care
of
an
6
appropriate
public
hospital.
7
Sec.
14.
Section
232.2,
Code
2025,
is
amended
by
adding
the
8
following
new
subsections:
9
NEW
SUBSECTION
.
3A.
“Behavioral
health
condition”
means
10
a
serious
emotional
disturbance,
a
mental
health
disorder,
11
a
substance
abuse
disorder,
life
stressors
and
crises,
and
12
stress-related
physical
symptoms.
13
NEW
SUBSECTION
.
3B.
“Behavioral
health
evaluation”
means
a
14
process
used
to
assess
an
individual’s
behavioral
health
status
15
and
functioning
for
purposes
including
but
not
limited
to
the
16
diagnosis
of
a
behavioral
health
condition
or
to
determine
the
17
need
for
treatment
or
intervention.
18
NEW
SUBSECTION
.
38A.
“Mental
health
disorder”
means
the
19
same
as
defined
in
section
135H.1.
20
NEW
SUBSECTION
.
48A.
“Physical
assessment”
means
21
direct
physical
touching,
viewing,
and
medically
necessary
22
manipulation
of
any
area
of
a
child’s
body
by
a
physician
23
licensed
under
chapter
148.
24
NEW
SUBSECTION
.
58A.
“Serious
emotional
disturbance”
means
25
the
same
as
defined
in
section
135H.1.
26
NEW
SUBSECTION
.
64A.
“Substance
use
disorder”
means
the
27
same
as
defined
in
section
125.2.
28
Sec.
15.
Section
232.2,
subsection
34,
Code
2025,
is
amended
29
to
read
as
follows:
30
34.
“Juvenile
court
social
records”
or
“social
records”
means
31
all
records
,
other
than
official
records,
made
with
respect
to
32
a
child
in
connection
with
proceedings
over
which
the
court
has
33
jurisdiction
under
this
chapter
other
than
official
records
and
34
includes
but
is
not
limited
to
the
records
made
and
compiled
35
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by
intake
officers,
predisposition
reports,
and
reports
of
1
physical
assessments
and
mental
examinations
behavioral
health
2
evaluations
.
3
Sec.
16.
Section
232.8,
subsection
4,
Code
2025,
is
amended
4
to
read
as
follows:
5
4.
In
a
proceeding
concerning
a
child
who
is
alleged
to
6
have
committed
a
second
delinquent
act
or
a
second
violation
7
excluded
from
the
jurisdiction
of
the
juvenile
court,
the
court
8
or
the
juvenile
court
shall
determine
whether
there
is
reason
9
to
believe
that
the
child
regularly
abuses
alcohol
or
other
10
controlled
substance
has
a
behavioral
health
condition
and
may
11
be
in
need
of
treatment.
If
the
court
so
determines,
the
court
12
shall
advise
appropriate
juvenile
authorities
and
refer
such
13
offenders
to
the
juvenile
court
for
disposition
pursuant
to
14
section
232.52A
.
15
Sec.
17.
Section
232.49,
Code
2025,
is
amended
to
read
as
16
follows:
17
232.49
Physical
assessments
and
mental
examinations
18
behavioral
health
evaluations
——
juvenile
delinquency
.
19
1.
a.
Following
Any
time
after
the
entry
of
an
order
20
of
adjudication
under
section
232.47
,
the
court
may,
after
21
a
hearing
which
may
be
simultaneous
with
the
adjudicatory
22
hearing
,
order
a
physical
assessment
or
mental
examination
23
behavioral
health
evaluation
of
a
child
if
it
the
court
finds
24
that
an
examination
a
physical
assessment
or
a
behavioral
25
health
evaluation
is
necessary
to
determine
the
child’s
26
physical
condition
or
mental
to
determine
if
the
child
has
a
27
behavioral
health
condition.
28
b.
The
court
may
consider
chemical
dependency
as
either
29
a
physical
condition
or
mental
behavioral
health
condition
30
and
may
consider
a
chemical
dependency
evaluation
as
either
a
31
physical
assessment
or
mental
examination
behavioral
health
32
evaluation
.
If
the
examination
33
c.
A
hearing
to
order
a
physical
assessment
or
behavioral
34
health
evaluation
may
be
held
at
the
same
time
as
the
35
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adjudicatory
hearing.
1
2.
Unless
otherwise
ordered
by
the
court,
if
a
physical
2
assessment
or
behavioral
health
evaluation
indicates
the
child
3
has
behaved
in
a
manner
that
threatened
the
safety
of
another
4
person,
has
committed
a
violent
act
causing
bodily
injury
to
5
another
person,
or
has
been
a
victim
or
perpetrator
of
sexual
6
abuse,
unless
otherwise
ordered
by
the
court,
the
child’s
7
parent,
guardian,
or
foster
parent
,
or
other
person
with
8
custody
of
the
child
shall
be
provided
with
that
information.
9
2.
3.
a.
When
possible
an
examination
,
a
physical
10
assessment
or
behavioral
health
evaluation
shall
be
conducted
11
on
an
outpatient
basis
,
but
.
However,
if
deemed
necessary
by
12
the
court,
the
court
may
,
if
it
deems
necessary
commit
order
13
the
child
to
a
suitable
hospital,
facility
,
or
institution
for
14
the
purpose
of
examination
an
inpatient
physical
assessment
or
15
an
inpatient
behavioral
health
evaluation
.
16
b.
Commitment
for
examination
An
inpatient
physical
17
assessment
or
an
inpatient
behavioral
health
evaluation
shall
18
not
exceed
thirty
days
and
the
civil
commitment
provisions
of
19
chapter
229
shall
not
apply
.
20
3.
4.
a.
At
any
Any
time
after
the
filing
of
a
delinquency
21
petition
,
the
court
may
order
a
physical
assessment
or
mental
22
examination
behavioral
health
evaluation
of
the
child
if
all
of
23
the
following
circumstances
apply:
24
(1)
The
court
finds
such
examination
a
physical
assessment
25
or
a
behavioral
health
evaluation
to
be
in
the
best
interest
26
of
the
child
;
and
.
27
(2)
The
parent,
guardian,
or
custodian
and
the
child’s
28
counsel
agree
to
the
physical
assessment
or
behavioral
health
29
evaluation
.
30
b.
(1)
An
examination
A
physical
assessment
or
behavioral
31
health
evaluation
shall
be
conducted
on
an
outpatient
basis
32
unless
the
court,
the
child’s
counsel,
and
the
child’s
33
parent,
guardian,
or
custodian
agree
that
it
is
necessary
the
34
child
should
be
committed
ordered
to
a
suitable
hospital,
35
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facility,
or
institution
for
the
purpose
of
examination
an
1
inpatient
physical
assessment
or
an
inpatient
behavioral
health
2
evaluation
.
Commitment
for
examination
3
(2)
An
inpatient
physical
assessment
or
inpatient
4
behavioral
health
evaluation
shall
not
exceed
thirty
days
and
5
the
civil
commitment
provisions
of
chapter
229
shall
not
apply
.
6
Sec.
18.
Section
232.52A,
subsection
1,
Code
2025,
is
7
amended
to
read
as
follows:
8
1.
In
addition
to
any
other
order
of
the
juvenile
court,
9
a
person
under
age
eighteen,
child
who
may
be
in
need
of
10
treatment
,
as
determined
under
section
232.8
,
may
be
ordered
11
to
participate
in
an
alcohol
or
controlled
substance
education
12
or
a
physical
assessment
or
behavioral
health
evaluation
13
program
approved
by
the
juvenile
court.
If
recommended
after
14
evaluation,
the
The
court
may
also
order
the
person
child
to
15
participate
in
a
treatment
program
approved
by
the
court
if
the
16
treatment
program
is
recommended
after
the
child’s
physical
17
assessment
or
behavioral
health
evaluation
.
The
juvenile
court
18
may
also
require
the
custodial
parent
or
parents
,
or
other
19
legal
guardian
,
to
participate
in
an
educational
program
with
20
the
person
under
age
eighteen
child
if
the
court
determines
21
that
such
participation
is
in
the
best
interests
of
the
person
22
under
age
eighteen
child
.
23
Sec.
19.
Section
232.68,
subsection
3,
unnumbered
paragraph
24
1,
Code
2025,
is
amended
to
read
as
follows:
25
“Confidential
access
to
a
child”
means
access
to
a
child,
26
during
an
assessment
of
an
alleged
act
of
child
abuse,
who
is
27
alleged
to
be
the
victim
of
the
child
abuse
,
during
a
child
28
abuse
assessment
.
The
access
may
be
accomplished
by
interview,
29
observation,
or
examination
physical
assessment
of
the
child.
30
As
used
in
this
subsection
and
this
part:
31
Sec.
20.
Section
232.68,
subsection
3,
paragraph
c,
Code
32
2025,
is
amended
by
striking
the
paragraph.
33
Sec.
21.
Section
232.69,
subsection
3,
paragraph
b,
Code
34
2025,
is
amended
to
read
as
follows:
35
-14-
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474
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14/
33
S.F.
474
b.
A
person
required
to
make
a
report
under
subsection
1,
1
other
than
a
physician
whose
professional
practice
does
not
2
regularly
involve
providing
primary
health
care
to
children,
3
shall
complete
the
core
training
curriculum
relating
to
4
the
identification
and
reporting
of
child
abuse
within
six
5
months
of
initial
employment
or
self-employment
involving
6
the
examination
physical
assessments
or
behavioral
health
7
evaluations
,
or
attending,
counseling,
or
treatment
of
treating
8
children
on
a
regular
basis.
Within
one
month
of
initial
9
employment
or
self-employment,
the
person
shall
obtain
a
10
statement
of
the
abuse
reporting
requirements
from
the
person’s
11
employer
or,
if
self-employed,
from
the
department.
The
person
12
shall
complete
the
core
training
curriculum
relating
to
the
13
identification
and
reporting
of
child
abuse
every
three
years.
14
Sec.
22.
Section
232.71B,
subsection
10,
Code
2025,
is
15
amended
to
read
as
follows:
16
10.
Physical
examination
assessment
.
If
the
department
17
refers
a
child
to
a
physician
or
physician
assistant
for
a
18
physical
examination
assessment
,
the
department
shall
contact
19
the
physician
or
physician
assistant
regarding
the
examination
20
physical
assessment
within
twenty-four
hours
of
making
the
21
referral.
If
the
physician
or
physician
assistant
who
performs
22
the
examination
upon
referral
by
the
department
physical
23
assessment
reasonably
believes
the
child
has
been
abused,
the
24
physician
or
physician
assistant
shall
report
to
the
department
25
within
twenty-four
hours
of
performing
the
examination
physical
26
assessment
.
27
Sec.
23.
Section
232.77,
subsection
1,
Code
2025,
is
amended
28
to
read
as
follows:
29
1.
a.
A
person
who
is
required
to
report
suspected
30
child
abuse
may
take
or
perform,
or
may
cause
to
be
taken
or
31
performed
,
at
public
expense,
photographs,
X
rays,
or
other
32
physical
examinations
assessments,
or
other
tests
of
a
child
33
which
would
provide
medical
indication
of
allegations
arising
34
from
an
assessment.
35
-15-
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474
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S.F.
474
b.
A
health
practitioner
may,
if
medically
indicated,
1
cause
to
be
performed
a
radiological
examination,
physical
2
examination
assessment
,
or
other
medical
tests
test
of
the
3
child.
4
c.
A
person
who
takes
any
photographs
or
X
rays
or
5
performs
any
physical
examinations
assessments
or
other
tests
6
pursuant
to
this
section
shall
notify
the
department
that
the
7
photographs
or
X
rays
have
been
taken
or
the
examinations
8
physical
assessments
or
other
tests
have
been
performed
.
The
9
person
who
made
notification
,
and
shall
retain
the
photographs
,
10
or
X
rays
,
or
examination
physical
assessment
or
other
test
11
findings
for
a
reasonable
time
following
the
notification.
12
d.
Whenever
the
person
is
required
to
report
under
section
13
232.69
,
in
that
person’s
capacity
as
a
member
of
the
staff
of
14
a
medical
or
other
private
or
public
institution,
agency
or
15
facility,
that
person
shall
immediately
notify
the
person
in
16
charge
of
the
institution,
agency,
or
facility
or
that
person’s
17
designated
delegate
of
the
need
for
photographs
,
or
X
rays
or
18
examinations
,
physical
assessments,
or
other
tests.
19
Sec.
24.
Section
232.78,
subsection
1,
paragraph
a,
Code
20
2025,
is
amended
to
read
as
follows:
21
a.
Any
of
the
following
circumstances
exist:
22
(1)
The
person
responsible
for
the
care
of
the
child
23
consents
to
the
removal.
24
(2)
The
person
responsible
for
the
care
of
the
child
is
25
absent
,
or
.
26
(3)
The
person
responsible
for
the
care
of
the
child,
though
27
present,
was
asked
and
refused
to
consent
to
the
removal
of
the
28
child
and
was
informed
of
an
intent
to
apply
for
an
order
under
29
this
section
,
or
there
.
30
(4)
There
is
reasonable
cause
to
believe
that
a
request
for
31
consent
would
further
endanger
the
child
,
or
there
.
32
(5)
There
is
reasonable
cause
to
believe
that
a
request
for
33
consent
will
cause
the
parent,
guardian,
or
legal
custodian
34
person
responsible
for
the
care
of
the
child
to
take
flight
35
-16-
SF
474
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91
dg/ko/mb
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33
S.F.
474
with
the
child.
1
Sec.
25.
Section
232.78,
subsection
1,
paragraph
c,
2
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
3
(1)
The
refusal
or
failure
of
the
person
responsible
for
4
the
care
of
the
child
to
comply
with
the
request
of
a
peace
5
officer,
juvenile
court
officer,
or
child
protection
worker
6
for
such
the
person
to
obtain
and
provide
to
the
requester
7
the
results
of
a
physical
assessment
or
mental
examination
8
behavioral
health
evaluation
of
the
child.
The
request
for
a
9
physical
examination
assessment
of
the
child
may
specify
the
10
performance
of
a
medically
relevant
test.
11
Sec.
26.
Section
232.78,
subsection
5,
Code
2025,
is
amended
12
to
read
as
follows:
13
5.
The
juvenile
court,
before
or
after
the
filing
of
a
14
petition
under
this
chapter
,
may
enter
an
ex
parte
order
15
authorizing
a
physician
or
physician
assistant
or
hospital
to
16
conduct
an
inpatient
or
outpatient
physical
examination
or
17
authorizing
a
physician
or
physician
assistant,
a
psychologist
18
certified
under
section
154B.7
,
or
a
community
mental
health
19
center
accredited
pursuant
to
chapter
230A
to
conduct
an
20
outpatient
mental
examination
assessment
or
an
inpatient
or
21
outpatient
behavioral
health
evaluation
of
a
child
if
necessary
22
to
identify
the
nature,
extent,
and
cause
of
injuries
to
the
23
child
as
required
by
section
232.71B
,
provided
all
of
the
24
following
apply:
25
a.
Any
of
the
following
circumstances
exist:
26
(1)
The
child’s
parent,
guardian,
or
custodian
consents
to
27
the
physical
assessment
or
the
behavioral
health
evaluation.
28
(2)
The
child’s
parent,
guardian,
or
legal
custodian
is
29
absent
,
or
.
30
(3)
The
child’s
parent,
guardian,
or
custodian,
though
31
present,
was
asked
and
refused
to
provide
written
consent
to
32
the
examination
physical
assessment
or
the
behavioral
health
33
evaluation
.
34
b.
The
juvenile
court
has
entered
an
ex
parte
order
35
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474
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91
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33
S.F.
474
directing
the
removal
of
the
child
from
the
child’s
home
or
a
1
child
care
facility
under
this
section.
2
c.
There
is
not
enough
time
to
file
a
petition
and
to
hold
3
a
hearing
as
provided
in
section
232.98.
4
Sec.
27.
Section
232.79,
subsection
5,
Code
2025,
is
amended
5
to
read
as
follows:
6
5.
When
there
has
been
an
emergency
removal
or
keeping
of
a
7
child
without
a
court
order,
a
physical
examination
assessment
8
of
the
child
by
a
licensed
medical
practitioner
shall
be
9
performed
within
twenty-four
hours
of
such
the
emergency
10
removal
or
keeping
of
a
child
,
unless
the
child
is
returned
11
to
the
child’s
home
within
twenty-four
hours
of
the
emergency
12
removal
or
keeping
of
a
child
.
13
Sec.
28.
Section
232.83,
subsection
2,
Code
2025,
is
amended
14
to
read
as
follows:
15
2.
Anyone
authorized
to
conduct
a
preliminary
investigation
16
in
response
to
a
complaint
may
apply
for,
or
the
court
on
its
17
own
motion
may
enter,
an
ex
parte
order
authorizing
a
physician
18
or
physician
assistant
or
hospital
to
conduct
an
inpatient
or
19
outpatient
physical
examination
or
authorizing
a
physician
or
20
physician
assistant,
a
psychologist
certified
under
section
21
154B.7
,
or
a
community
mental
health
center
accredited
pursuant
22
to
chapter
230A
to
conduct
an
outpatient
mental
examination
23
of
a
child
if
necessary
to
identify
the
nature,
extent,
and
24
causes
of
any
injuries,
emotional
damage,
or
other
such
needs
25
of
a
child
as
specified
in
section
232.96A,
subsection
3,
5,
or
26
6
,
assessment
or
an
inpatient
or
outpatient
behavioral
health
27
evaluation
provided
that
all
of
the
following
apply:
28
a.
Any
of
the
following
circumstances
exist:
29
(1)
The
parent,
guardian,
or
custodian
consents
to
the
30
physical
assessment
or
the
behavioral
health
evaluation.
31
(2)
The
parent,
guardian,
or
legal
custodian
is
absent
,
or
.
32
(3)
The
parent,
guardian,
or
custodian,
though
present,
33
was
asked
and
refused
to
authorize
the
examination
physical
34
assessment
or
the
behavioral
health
evaluation
.
35
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474
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91
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S.F.
474
b.
There
is
not
enough
time
to
file
a
petition
and
hold
a
1
hearing
under
this
chapter.
2
c.
The
parent,
guardian,
or
legal
custodian
has
not
provided
3
care
and
treatment
related
to
their
the
child’s
alleged
4
victimization.
5
Sec.
29.
Section
232.98,
Code
2025,
is
amended
to
read
as
6
follows:
7
232.98
Physical
and
mental
examinations
assessments
and
8
behavioral
health
evaluations
——
child
in
need
of
assistance
.
9
1.
a.
Except
as
provided
in
section
232.78,
subsection
5
,
10
a
physical
assessment
or
mental
examination
behavioral
health
11
evaluation
of
the
a
child
may
be
ordered
only
after
the
filing
12
of
a
petition
pursuant
to
section
232.87
,
and
after
a
hearing
13
to
determine
whether
an
examination
a
physical
assessment
14
or
behavioral
health
evaluation
is
necessary
to
determine
15
the
child’s
physical
condition
or
mental
if
the
child
has
a
16
behavioral
health
condition.
17
b.
The
court
may
consider
chemical
dependency
as
either
18
a
physical
or
mental
behavioral
health
condition
and
may
19
consider
a
chemical
dependency
evaluation
as
either
a
physical
20
assessment
or
mental
examination
behavioral
health
evaluation
.
21
a.
c.
The
hearing
required
by
this
section
may
be
held
22
simultaneously
with
the
adjudicatory
hearing.
23
b.
d.
An
examination
A
physical
assessment
or
a
behavioral
24
health
evaluation
ordered
prior
to
the
adjudication
shall
25
be
conducted
on
an
outpatient
basis
when
possible
,
but
.
26
However,
if
deemed
necessary
by
the
court,
the
court
may
27
commit
order
the
child
to
a
suitable
nonsecure
hospital,
28
facility,
or
institution
for
the
purpose
of
examination
an
29
inpatient
physical
assessment
or
an
inpatient
behavioral
health
30
evaluation
for
a
period
not
to
exceed
fifteen
thirty
days
if
31
all
of
the
following
are
found
to
be
present
circumstances
32
exist
:
33
(1)
Probable
cause
exists
to
believe
that
the
child
is
34
a
child
in
need
of
assistance
pursuant
to
section
232.96A,
35
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SF
474
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S.F.
474
subsection
5
or
6
.
1
(2)
Commitment
An
inpatient
physical
assessment
or
2
inpatient
behavioral
health
evaluation
is
necessary
to
3
determine
whether
there
is
clear
and
convincing
evidence
that
4
the
child
is
a
child
in
need
of
assistance.
5
(3)
The
child’s
attorney
agrees
to
the
commitment
an
6
inpatient
physical
assessment
or
inpatient
behavioral
health
7
evaluation
.
8
c.
e.
An
examination
A
physical
assessment
or
a
behavioral
9
health
evaluation
ordered
after
the
adjudication
shall
10
be
conducted
on
an
outpatient
basis
when
possible
,
but
.
11
However,
if
deemed
necessary
by
the
court,
the
court
may
12
commit
order
the
child
to
a
suitable
nonsecure
hospital,
13
facility,
or
institution
for
the
purpose
of
examination
an
14
inpatient
physical
assessment
or
an
inpatient
behavioral
health
15
evaluation
for
a
period
not
to
exceed
thirty
days.
16
d.
f.
The
child’s
parent,
guardian,
or
custodian
shall
17
be
included
in
counseling
sessions
offered
during
the
child’s
18
stay
in
a
hospital,
facility,
or
institution
when
feasible,
and
19
when
in
the
best
interests
of
the
child
and
the
child’s
parent,
20
guardian,
or
custodian.
If
separate
counseling
sessions
are
21
conducted
for
the
child
and
the
child’s
parent,
guardian,
or
22
custodian,
a
joint
counseling
session
shall
be
offered
prior
23
to
the
release
of
the
child
from
the
hospital,
facility,
or
24
institution.
The
court
shall
require
that
notice
be
provided
25
to
the
child’s
guardian
ad
litem
of
the
counseling
sessions
,
26
and
of
the
counseling
session
participants
,
and
results
the
27
outcomes
of
the
counseling
sessions.
28
2.
Following
an
adjudication
that
a
child
is
a
child
in
29
need
of
assistance,
the
court
may
,
after
a
hearing
,
order
the
30
a
physical
assessment
or
mental
examination
behavioral
health
31
evaluation
of
the
child’s
parent,
guardian,
or
custodian
if
32
that
person’s
ability
to
care
for
the
child
is
at
issue.
33
Sec.
30.
Section
232.141,
subsection
1,
Code
2025,
is
34
amended
to
read
as
follows:
35
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474
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91
dg/ko/mb
20/
33
S.F.
474
1.
Except
as
otherwise
provided
by
law,
the
court
shall
1
inquire
into
the
ability
of
the
child
or
the
child’s
parent
2
to
pay
expenses
incurred
pursuant
to
subsections
2,
4,
and
3
8
.
After
giving
the
parent
a
reasonable
opportunity
to
be
4
heard,
the
court
may
order
the
parent
to
pay
all
or
part
of
the
5
costs
of
the
child’s
care,
examination
physical
assessment,
6
behavioral
health
evaluation
,
treatment,
legal
expenses,
or
7
other
expenses.
An
order
entered
under
this
section
does
not
8
obligate
a
parent
paying
child
support
under
a
custody
decree,
9
except
that
part
of
the
monthly
support
payment
may
be
used
to
10
satisfy
the
obligations
imposed
by
the
order
entered
pursuant
11
to
this
section
.
If
a
parent
fails
to
pay
as
ordered,
without
12
good
reason,
the
court
may
proceed
against
the
parent
for
13
contempt
and
may
inform
the
county
attorney
who
shall
proceed
14
against
the
parent
to
collect
the
unpaid
amount.
Any
payment
15
ordered
by
the
court
shall
be
a
judgment
against
each
of
the
16
child’s
parents
and
a
lien
as
provided
in
section
624.23
.
If
17
all
or
part
of
the
amount
that
the
parents
are
ordered
to
pay
is
18
subsequently
paid
by
the
county
or
state,
the
judgment
and
lien
19
shall
thereafter
be
against
each
of
the
parents
in
favor
of
the
20
county
to
the
extent
of
the
county’s
payments
and
in
favor
of
21
the
state
to
the
extent
of
the
state’s
payments.
22
Sec.
31.
Section
232.141,
subsection
4,
paragraph
b,
Code
23
2025,
is
amended
to
read
as
follows:
24
b.
Expenses
for
mental
or
physical
examinations
assessments
25
or
behavioral
health
evaluations
of
a
child
if
ordered
by
the
26
court.
27
Sec.
32.
Section
232.141,
subsection
6,
Code
2025,
is
28
amended
to
read
as
follows:
29
6.
If
a
child
is
given
A
physical
or
mental
examinations
30
assessment,
behavioral
health
evaluation,
or
any
treatment
31
relating
to
an
assessment
performed
pursuant
to
section
32
232.71B
,
shall
be
paid
by
the
state
if
physical
assessment,
33
behavioral
health
evaluation,
or
other
treatment
was
performed
34
with
the
consent
of
the
child’s
parent,
guardian,
or
legal
35
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474
custodian
and
no
other
provision
of
law
otherwise
requires
1
payment
for
the
costs
of
the
examination
and
treatment,
the
2
costs
shall
be
paid
by
the
state
.
Reimbursement
for
The
3
department
shall
reimburse
costs
of
services
described
in
under
4
this
subsection
is
subject
to
in
accordance
with
subsection
5
.
5
Sec.
33.
Section
237.1,
Code
2025,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
8A.
“Protective
locked
environment”
means
a
8
setting
that
prevents
egress
from
a
building
or
grounds
as
a
9
protective
measure
to
ensure
safety
and
security.
10
Sec.
34.
Section
237.3,
Code
2025,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
13.
The
department
shall
adopt
rules
13
pursuant
to
chapter
17A
relating
to
the
application
of
a
14
protective
locked
environment
to
child
foster
care
licensees.
15
Sec.
35.
Section
237C.1,
Code
2025,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
5.
“Protective
locked
environment”
means
a
18
setting
that
prevents
egress
from
a
building
or
grounds
as
a
19
protective
measure
to
ensure
safety
and
security.
20
Sec.
36.
Section
237C.4,
Code
2025,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
6A.
Rules
governing
the
application
of
23
a
protective
locked
environment
to
a
children’s
residential
24
facility
shall
be
adopted
by
the
department.
25
Sec.
37.
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
26
DEPARTMENT
OF
INSPECTIONS,
APPEALS,
AND
LICENSING
——
27
ADMINISTRATIVE
RULES.
28
1.
The
department
of
health
and
human
services
and
the
29
department
of
inspections,
appeals,
and
licensing
shall
each
30
adopt
rules
pursuant
to
chapter
17A
to
administer
this
division
31
of
this
Act.
The
departments
shall
coordinate
in
developing
32
their
respective
rules
to
provide
continuity
for,
and
maximize
33
utilization
of
the
array
of
behavioral
health
services
34
available
by,
affected
individuals.
35
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2.
a.
The
department
of
health
and
human
services
and
1
the
department
of
inspections,
appeals,
and
licensing
shall
2
review
applicable
existing
rules
and
shall
each
adopt
rules
3
pursuant
to
chapter
17A
to
provide
for
the
following
relative
4
to
facilities
licensed
or
certified
under
chapters
135H,
237,
5
and
237C:
6
(1)
Consistency
to
the
greatest
extent
possible
regarding
7
the
use
of
restraints
and
seclusion
across
these
facilities.
8
(2)
Adaptation
in
application
of
licensing
and
9
certification
requirements
to
provide
for
the
unmet
residential
10
care
needs
of
affected
individuals.
11
b.
In
reviewing
and
adopting
the
rules,
the
departments
12
shall
consider
the
nature
of
the
services
and
programming
13
provided
by
the
specific
type
of
facility
and
applicable
14
federal
requirements,
including
those
for
psychiatric
15
residential
treatment
facilities
as
described
in
42
C.F.R.
16
§483.352.
17
3.
The
department
of
health
and
human
services
shall
adopt
18
rules
pursuant
to
chapter
17A
relating
to
the
application
of
19
a
protective
locked
environment
to
detention
and
shelter
care
20
as
defined
in
section
232.2.
For
purposes
of
this
subsection,
21
“protective
locked
environment”
means
a
setting
that
prevents
22
egress
from
a
building
or
grounds
as
a
protective
measure
to
23
ensure
safety
and
security.
24
Sec.
38.
REVIEW
OF
YOUTH
SYSTEMS,
SERVICES,
AND
SUPPORTS.
25
1.
a.
The
department
of
health
and
human
services
shall
26
convene
representatives
of
the
department
of
health
and
human
27
services,
the
courts
and
practitioners
involved
in
civil
28
commitment
and
juvenile
justice
proceedings,
law
enforcement
29
and
corrections,
hospital
systems,
service
providers,
30
individuals
with
lived
experience
and
their
families,
and
31
four
members
of
the
general
assembly
to
review
the
systems
32
and
related
services
and
supports
for
youth,
including
but
33
not
limited
to
the
civil
commitment
and
treatment
provisions
34
under
chapters
125
and
229,
and
the
juvenile
delinquency
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33
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474
and
child
in
need
of
assistance
provisions
under
chapter
1
232.
The
members
of
the
general
assembly
shall
include
two
2
senators,
one
appointed
by
the
majority
leader
of
the
senate
3
and
one
appointed
by
the
minority
leader
of
the
senate,
and
4
two
representatives,
one
appointed
by
the
majority
leader
of
5
the
house
of
representatives
and
one
appointed
by
the
minority
6
leader
of
the
house
of
representatives.
7
b.
The
primary
goal
of
the
review
is
to
facilitate
and
8
enhance
the
interplay
of
the
multidimensional
aspects
of
the
9
systems,
services,
and
supports
for
youth
and
the
work
of
10
the
relevant
stakeholders
to
ensure
accessible
and
effectual
11
processes,
procedures,
protections,
and
services
for
affected
12
youth.
13
2.
The
department
of
health
and
human
services
shall
report
14
the
review’s
findings
and
recommendations
to
the
governor
and
15
the
general
assembly
by
October
1,
2025.
16
Sec.
39.
REPEAL.
2024
Iowa
Acts,
chapter
1161,
sections
97
17
and
98,
are
repealed.
18
DIVISION
II
19
HOME
AND
COMMUNITY-BASED
SERVICES
——
HABILITATION
SERVICES
20
PROVIDED
BY
A
RESIDENTIAL
PROGRAM
——
EXCLUSION
FROM
CHILDREN’S
21
RESIDENTIAL
FACILITY
DEFINITION
22
Sec.
40.
Section
237C.1,
subsection
2,
Code
2025,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
j.
Care
furnished
to
persons
sixteen
25
years
of
age
and
older
by
a
residential
program
to
which
the
26
department
applies
accreditation,
certification,
or
standards
27
of
review
under
the
provisions
of
a
federally
approved
medical
28
assistance
home
and
community-based
services
waiver,
or
other
29
provision
of
the
medical
assistance
program.
30
Sec.
41.
ADMINISTRATIVE
RULES.
The
department
of
health
31
and
human
services
shall
adopt
rules
pursuant
to
chapter
32
17A
to
require
that
the
care
furnished
by
an
entity
under
33
section
237C.1,
subsection
2,
paragraph
“j”,
as
enacted
in
34
this
division
of
this
Act,
shall
be
provided
to
persons
under
35
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474
eighteen
years
of
age
in
settings
separate
from
individuals
1
over
the
age
of
twenty-one.
2
DIVISION
III
3
DIRECTOR
OF
JUVENILE
COURT
SERVICES
——
CHIEF
JUVENILE
COURT
4
OFFICERS
5
Sec.
42.
Section
602.1101,
Code
2025,
is
amended
by
adding
6
the
following
new
subsection:
7
NEW
SUBSECTION
.
5A.
“Director
of
juvenile
court
services”
8
means
the
same
as
defined
in
the
Iowa
court
rules
of
juvenile
9
court
services
directed
programs
as
prescribed
by
the
supreme
10
court
and
includes
the
deputy
director
of
juvenile
court
11
services.
12
Sec.
43.
Section
602.1217,
Code
2025,
is
amended
to
read
as
13
follows:
14
602.1217
Chief
juvenile
court
officer.
15
1.
The
chief
judge
of
director
of
juvenile
court
services
16
shall
appoint
a
chief
juvenile
court
officer
for
each
judicial
17
district
,
after
consultation
with
the
judges
of
the
judicial
18
district,
shall
appoint
a
chief
juvenile
court
officer
and
may
19
remove
the
a
chief
juvenile
court
officer
for
cause.
20
2.
The
chief
juvenile
court
officer
is
subject
to
the
21
immediate
supervision
and
direction
of
the
chief
judge
of
the
22
judicial
district
director
of
juvenile
court
services
.
23
3.
The
chief
juvenile
court
officer,
in
addition
to
24
performing
the
duties
of
a
juvenile
court
officer,
shall
25
supervise
juvenile
court
officers
and
administer
juvenile
court
26
services
within
the
judicial
district
in
a
uniform
manner,
27
under
the
supervision
and
direction
of
the
director
of
juvenile
28
court
services,
in
accordance
with
law
and
with
the
rules,
29
directives,
and
procedures
of
the
judicial
branch
and
the
30
judicial
district.
31
4.
The
chief
juvenile
court
officer
shall
assist
the
state
32
court
administrator
and
the
district
court
administrator
33
director
of
juvenile
court
services
in
implementing
the
rules,
34
directives,
and
procedures
of
the
judicial
branch
and
the
35
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judicial
district.
1
5.
A
chief
juvenile
court
officer
shall
have
other
duties
2
as
prescribed
by
the
supreme
court
or
by
the
chief
judge
of
the
3
judicial
district
director
of
juvenile
court
services
.
4
Sec.
44.
Section
602.7201,
subsections
2
and
3,
Code
2025,
5
are
amended
to
read
as
follows:
6
2.
The
juvenile
court
officers
and
other
personnel
7
employed
in
juvenile
court
service
offices
are
subject
to
8
the
supervision
of
the
chief
juvenile
court
officer.
The
9
chief
juvenile
court
officer
is
subject
to
the
supervision
and
10
direction
of
the
director
of
juvenile
court
services.
11
3.
The
chief
juvenile
court
officer
may
employ,
shall
12
supervise,
and
may
remove
for
cause
with
due
process
13
secretarial,
clerical,
and
other
staff
within
juvenile
court
14
service
offices
as
authorized
by
the
chief
judge
director
of
15
juvenile
court
services
.
16
Sec.
45.
Section
602.7202,
subsection
1,
Code
2025,
is
17
amended
to
read
as
follows:
18
1.
Subject
to
the
approval
of
the
chief
judge
of
the
19
judicial
district
director
of
juvenile
court
services
,
the
20
chief
juvenile
court
officer
shall
appoint
juvenile
court
21
officers
to
serve
the
juvenile
court.
Juvenile
court
officers
22
may
be
required
to
serve
in
two
or
more
counties
within
the
23
judicial
district.
24
DIVISION
IV
25
HAWKI
ELIGIBILITY
——
PUBLIC
INSTITUTION
INMATES
26
Sec.
46.
Section
514I.8,
subsection
2,
paragraph
g,
Code
27
2025,
is
amended
to
read
as
follows:
28
g.
Is
not
an
inmate
of
a
public
institution
or
a
patient
in
29
an
institution
for
mental
diseases.
30
Sec.
47.
NEW
SECTION
.
514I.8B
Inmates
of
public
31
institutions
——
suspension
of
medical
assistance.
32
1.
Following
the
first
thirty
days
of
commitment,
the
33
department
shall
suspend,
but
not
terminate,
the
eligibility
of
34
an
eligible
child
who
is
an
inmate
of
a
public
institution
as
35
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S.F.
474
defined
in
42
C.F.R.
§435.1010,
who
is
enrolled
in
the
medical
1
assistance
program
under
this
chapter
at
the
time
of
commitment
2
to
the
public
institution,
and
who
remains
eligible
for
medical
3
assistance
under
this
chapter
except
for
the
eligible
child’s
4
institutional
status,
during
the
entire
period
of
the
eligible
5
child’s
commitment
to
the
public
institution.
6
2.
To
the
extent
applicable,
the
public
institution
and
the
7
department
shall
comply
with
the
reporting
requirements
and
the
8
expediting
of
the
restoration
of
an
eligible
child’s
medical
9
assistance
benefits
under
this
chapter
upon
the
eligible
10
child’s
discharge,
consistent
with
section
249A.38.
11
3.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
12
to
administer
this
section.
13
DIVISION
V
14
CORRECTIVE
CHANGES
15
Sec.
48.
Section
125.13,
subsection
2,
paragraphs
a,
i,
and
16
j,
Code
2025,
are
amended
to
read
as
follows:
17
a.
A
hospital
providing
care
or
treatment
to
persons
with
18
a
substance
use
disorder
licensed
under
chapter
135B
which
is
19
accredited
by
the
joint
commission
on
the
accreditation
of
20
health
care
organizations
,
the
commission
on
accreditation
21
of
rehabilitation
facilities,
the
American
osteopathic
22
association,
or
another
recognized
organization
approved
by
23
the
department.
All
survey
reports
from
the
accrediting
or
24
licensing
body
must
be
sent
to
the
department.
25
i.
A
substance
use
disorder
treatment
program
not
funded
26
by
the
department
which
is
accredited
or
licensed
by
the
joint
27
commission
on
the
accreditation
of
health
care
organizations
,
28
the
commission
on
the
accreditation
of
rehabilitation
29
facilities,
the
American
osteopathic
association,
or
another
30
recognized
organization
approved
by
the
department.
All
survey
31
reports
from
the
accrediting
or
licensing
body
must
be
sent
to
32
the
department.
33
j.
A
hospital
substance
use
disorder
treatment
program
34
that
is
accredited
or
licensed
by
the
joint
commission
on
the
35
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33
S.F.
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accreditation
of
health
care
organizations
,
the
commission
on
1
the
accreditation
of
rehabilitation
facilities,
the
American
2
osteopathic
association,
or
another
recognized
organization
3
approved
by
the
department.
All
survey
reports
for
the
4
hospital
substance
use
disorder
treatment
program
from
the
5
accrediting
or
licensing
body
shall
be
sent
to
the
department.
6
Sec.
49.
Section
125.43A,
Code
2025,
is
amended
to
read
as
7
follows:
8
125.43A
Prescreening
——
exception.
9
Except
in
cases
of
medical
emergency
or
court-ordered
10
admissions,
a
person
shall
be
admitted
to
a
state
mental
11
health
institute
for
treatment
of
a
substance
use
disorder
12
only
after
a
preliminary
intake
and
assessment
by
a
13
department-licensed
treatment
facility
or
a
hospital
providing
14
care
or
treatment
for
persons
with
a
substance
use
disorder
15
licensed
under
chapter
135B
and
accredited
by
the
joint
16
commission
on
the
accreditation
of
health
care
organizations
,
17
the
commission
on
accreditation
of
rehabilitation
facilities,
18
the
American
osteopathic
association,
or
another
recognized
19
organization
approved
by
the
department,
or
by
a
designee
of
20
a
department-licensed
treatment
facility
or
a
hospital
other
21
than
a
state
mental
health
institute,
which
confirms
that
the
22
admission
is
appropriate
to
the
person’s
substance
use
disorder
23
service
needs.
A
county
board
of
supervisors
may
seek
an
24
admission
of
a
patient
to
a
state
mental
health
institute
who
25
has
not
been
confirmed
for
appropriate
admission
and
the
county
26
shall
be
responsible
for
one
hundred
percent
of
the
cost
of
27
treatment
and
services
of
the
patient.
28
Sec.
50.
Section
135B.12,
Code
2025,
is
amended
to
read
as
29
follows:
30
135B.12
Confidentiality.
31
The
department’s
final
findings
or
the
final
survey
findings
32
of
the
joint
commission
on
the
accreditation
of
health
care
33
organizations
or
the
American
osteopathic
association
with
34
respect
to
compliance
by
a
hospital
or
rural
emergency
hospital
35
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with
requirements
for
licensing
or
accreditation
shall
be
made
1
available
to
the
public
in
a
readily
available
form
and
place.
2
Other
information
relating
to
a
hospital
or
rural
emergency
3
hospital
obtained
by
the
department
which
does
not
constitute
4
the
department’s
findings
from
an
inspection
of
the
hospital
5
or
rural
emergency
hospital
or
the
final
survey
findings
of
6
the
joint
commission
on
the
accreditation
of
health
care
7
organizations
or
the
American
osteopathic
association
shall
8
not
be
made
available
to
the
public,
except
in
proceedings
9
involving
the
denial,
suspension,
or
revocation
of
a
license
10
under
this
chapter
.
The
name
of
a
person
who
files
a
complaint
11
with
the
department
shall
remain
confidential
and
shall
not
12
be
subject
to
discovery,
subpoena,
or
other
means
of
legal
13
compulsion
for
its
release
to
a
person
other
than
department
14
employees
or
agents
involved
in
the
investigation
of
the
15
complaint.
16
Sec.
51.
Section
135B.20,
subsection
4,
Code
2025,
is
17
amended
to
read
as
follows:
18
4.
“Joint
conference
committee”
shall
mean
the
joint
19
conference
committee
as
required
by
the
joint
commission
on
20
accreditation
of
health
care
organizations
or,
in
a
hospital
21
having
no
such
committee,
a
similar
committee,
an
equal
number
22
of
which
shall
be
members
of
the
medical
staff
selected
by
the
23
staff
and
an
equal
number
of
which
shall
be
selected
by
the
24
governing
board
of
the
hospital.
25
Sec.
52.
Section
135C.2,
subsection
7,
Code
2025,
is
amended
26
to
read
as
follows:
27
7.
The
rules
adopted
by
the
department
regarding
nursing
28
facilities
shall
provide
that
a
nursing
facility
may
choose
29
to
be
inspected
either
by
the
department
or
by
the
joint
30
commission
on
accreditation
of
health
care
organizations
.
31
The
rules
regarding
acceptance
of
inspection
by
the
joint
32
commission
on
accreditation
of
health
care
organizations
shall
33
include
recognition,
in
lieu
of
inspection
by
the
department,
34
of
comparable
inspections
and
inspection
findings
of
the
joint
35
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commission
on
accreditation
of
health
care
organizations
,
1
if
the
department
is
provided
with
copies
of
all
requested
2
materials
relating
to
the
inspection
process.
3
Sec.
53.
Section
135C.6,
subsection
10,
Code
2025,
is
4
amended
to
read
as
follows:
5
10.
Notwithstanding
section
135C.9
,
nursing
facilities
6
which
are
accredited
by
the
joint
commission
on
accreditation
7
of
health
care
organizations
shall
be
licensed
without
8
inspection
by
the
department,
if
the
nursing
facility
has
9
chosen
to
be
inspected
by
the
joint
commission
on
accreditation
10
of
health
care
organizations
in
lieu
of
inspection
by
the
11
department.
12
Sec.
54.
Section
135J.2,
subsection
2,
Code
2025,
is
amended
13
to
read
as
follows:
14
2.
The
hospice
program
shall
meet
the
criteria
pursuant
to
15
section
135J.3
before
a
license
is
issued.
The
department
is
16
responsible
to
provide
the
necessary
personnel
to
inspect
the
17
hospice
program,
the
home
care
and
inpatient
care
provided
and
18
the
hospital
or
facility
used
by
the
hospice
to
determine
if
19
the
hospice
complies
with
necessary
standards
before
a
license
20
is
issued.
Hospices
that
are
certified
as
Medicare
hospice
21
providers
by
the
department
,
or
are
accredited
as
hospices
22
by
the
joint
commission
on
the
accreditation
of
health
care
23
organizations
,
shall
be
licensed
without
inspection
by
the
24
department.
25
Sec.
55.
Section
144F.5,
subsection
1,
Code
2025,
is
amended
26
to
read
as
follows:
27
1.
The
standards
for
accreditation
adopted
by
the
joint
28
commission
on
the
accreditation
of
health
care
organizations
29
or
any
other
nationally
recognized
hospital
accreditation
30
organization.
31
Sec.
56.
Section
155A.13,
subsection
4,
paragraph
a,
32
subparagraph
(4),
Code
2025,
is
amended
to
read
as
follows:
33
(4)
Give
recognition
to
the
standards
of
the
joint
34
commission
on
the
accreditation
of
health
care
organizations
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474
and
the
American
osteopathic
association
,
and
to
the
conditions
1
of
participation
under
Medicare.
2
Sec.
57.
Section
232.2,
subsection
4,
paragraph
i,
Code
3
2025,
is
amended
to
read
as
follows:
4
i.
If
reasonable
efforts
to
place
a
child
for
adoption
or
5
with
a
guardian
are
made
concurrently
with
reasonable
efforts
6
as
defined
in
section
232.102
232.102A
,
the
concurrent
goals
7
and
timelines
may
be
identified.
Concurrent
case
permanency
8
plan
goals
for
reunification,
and
for
adoption
or
for
other
9
permanent
out-of-home
placement
of
a
child
shall
not
be
10
considered
inconsistent
in
that
the
goals
reflect
divergent
11
possible
outcomes
for
a
child
in
an
out-of-home
placement.
12
Sec.
58.
Section
232.36,
subsection
3,
paragraph
b,
13
subparagraph
(3),
Code
2025,
is
amended
to
read
as
follows:
14
(3)
Legal
custodian
Custodian
of
the
child.
15
Sec.
59.
Section
232.37,
subsection
2,
Code
2025,
is
amended
16
to
read
as
follows:
17
2.
Notice
of
the
pendency
of
the
case
shall
be
served
upon
18
the
known
parents,
guardians,
or
legal
custodians
of
a
child
19
if
these
persons
are
not
summoned
to
appear
as
provided
in
20
subsection
1
.
Notice
shall
also
be
served
upon
the
child
and
21
upon
the
child’s
guardian
ad
litem,
if
any.
The
notice
shall
22
attach
a
copy
of
the
petition
and
shall
give
notification
of
23
the
right
to
counsel
provided
for
in
section
232.11
.
24
Sec.
60.
Section
232.101A,
subsection
1,
paragraph
c,
Code
25
2025,
is
amended
to
read
as
follows:
26
c.
The
parent
of
the
child
does
not
appear
at
the
27
dispositional
hearing,
or
the
parent
appears
at
the
28
dispositional
hearing,
does
not
object
to
the
transfer
of
29
guardianship,
and
agrees
to
waive
the
requirement
for
making
30
reasonable
efforts
as
defined
in
section
232.102
232.102A
.
31
Sec.
61.
Section
232.102A,
subsection
3,
Code
2025,
is
32
amended
to
read
as
follows:
33
3.
The
performance
of
reasonable
efforts
to
place
a
child
34
for
adoption
or
with
a
guardian
may
be
made
concurrently
with
35
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making
reasonable
efforts
as
defined
in
this
section
.
1
Sec.
62.
Section
232B.5,
subsection
19,
unnumbered
2
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
3
A
party
seeking
an
involuntary
foster
care
placement
of
4
or
termination
of
parental
rights
over
an
Indian
child
shall
5
provide
evidence
to
the
court
that
active
efforts
have
been
6
made
to
provide
remedial
services
and
rehabilitative
programs
7
designed
to
prevent
the
breakup
of
the
Indian
family
and
that
8
these
efforts
have
proved
unsuccessful.
The
court
shall
not
9
order
the
placement
or
termination,
unless
the
evidence
of
10
active
efforts
shows
there
has
been
a
vigorous
and
concerted
11
level
of
casework
beyond
the
level
that
typically
constitutes
12
reasonable
efforts
as
defined
in
sections
232.57
and
232.102
13
232.102A
.
Reasonable
efforts
shall
not
be
construed
to
be
14
active
efforts.
The
active
efforts
must
be
made
in
a
manner
15
that
takes
into
account
the
prevailing
social
and
cultural
16
values,
conditions,
and
way
of
life
of
the
Indian
child’s
17
tribe.
Active
efforts
shall
utilize
the
available
resources
18
of
the
Indian
child’s
extended
family,
tribe,
tribal
and
19
other
Indian
social
service
agencies,
and
individual
Indian
20
caregivers.
Active
efforts
shall
include
but
are
not
limited
21
to
all
of
the
following:
22
Sec.
63.
Section
233.2,
subsection
5,
Code
2025,
is
amended
23
to
read
as
follows:
24
5.
Reasonable
efforts,
as
defined
in
section
232.102
25
232.102A
,
that
are
made
in
regard
to
the
newborn
infant
shall
26
be
limited
to
the
efforts
made
in
a
timely
manner
to
finalize
a
27
permanency
plan
for
the
newborn
infant.
28
Sec.
64.
Section
237.3,
subsection
7,
Code
2025,
is
amended
29
to
read
as
follows:
30
7.
If
an
agency
is
accredited
by
the
joint
commission
on
31
the
accreditation
of
health
care
organizations
under
the
joint
32
commission’s
consolidated
standards
for
residential
settings
33
or
by
the
council
on
accreditation
of
services
for
families
34
and
children
,
the
department
shall
modify
facility
licensure
35
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standards
applied
to
the
agency
in
order
to
avoid
duplicating
1
standards
applied
through
accreditation.
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