House File 2252 - IntroducedA Bill ForAn Act 1relating to programs and services under the purview
2of the department of human services including child
3care assistance, child and family services, foster care,
4adoption, and the dependent adult abuse information
5registry.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2STATE CHILD CARE ASSISTANCE PROGRAM ELIGIBILITY
3   Section 1.  Section 237A.13, subsection 1, paragraph d, Code
42022, is amended to read as follows:
   5d.  The child’s parent, guardian, or custodian is absent
6for a limited period of time due to hospitalization, physical
7illness, or mental illness, or is present but is unable to care
8for the child for a limited period as verified by a physician.
9DIVISION II
10CHILD AND FAMILY SERVICES — FOSTER CARE SERVICE PAYMENTS
11   Sec. 2.  Section 234.1, subsection 2, Code 2022, is amended
12by striking the subsection and inserting in lieu thereof the
13following:
   142.  “Child” means either a person less than eighteen years of
15age or a person eighteen, nineteen, or twenty years of age who
16meets all of the following conditions:
   17a.  The person was placed by court order issued pursuant
18to chapter 232 in foster care or in an institution listed in
19section 218.1 and either of the following situations apply to
20the person:
   21(1)  After reaching eighteen years of age, the person
22has remained continuously and voluntarily under the care
23of an individual, as defined in section 237.1, licensed to
24provide foster care pursuant to chapter 237 or in a supervised
25apartment living arrangement, in this state.
   26(2)  The person aged out of foster care after reaching
27eighteen years of age and subsequently voluntarily applied for
28placement with an individual, as defined in section 237.1,
29licensed to provide foster care pursuant to chapter 237 or for
30placement in a supervised apartment living arrangement, in this
31state.
   32b.  The person has demonstrated a willingness to participate
33in case planning and to complete the responsibilities
34prescribed in the person’s case permanency plan.
   35c.  The department has made an application for the person
-1-1for adult services upon a determination that it is likely the
2person will need or be eligible for services or other support
3from the adult services system.
4   Sec. 3.  Section 234.35, subsection 3, Code 2022, is amended
5to read as follows:
   63.  Payment for foster care services provided to a child
7who is eighteen years of age or older shall be limited to the
8following:
   9a.  For a child who is eighteen years of age, family foster
10care or independent living arrangements 
Supervised apartment
11living arrangements and individuals, as defined in section
12237.1, licensed to provide foster care pursuant to chapter 237,
13in this state
.
   14b.  For a child who is nineteen years of age, independent
15living arrangements.

   16c.  For a child who is at imminent risk of becoming
17homeless or failing to graduate from high school or to obtain
18a general education development diploma, if the services are
19in the child’s best interests interest, funding is available
20for the services, and an appropriate alternative service is
21unavailable.
22   Sec. 4.  Section 234.35, subsection 4, Code 2022, is amended
23by striking the subsection.
24   Sec. 5.  Section 237.15, subsection 2, unnumbered paragraph
251, Code 2022, is amended to read as follows:
   26“Child receiving foster care” means a child defined in
27section 234.1
who is described by any of the following
28circumstances:
29DIVISION III
30ADOPTION
31   Sec. 6.  Section 600.5, Code 2022, is amended by adding the
32following new subsection:
33   NEW SUBSECTION.  9A.  If the parents of the person to be
34adopted had their parental rights terminated pursuant to
35chapter 232, the petition shall included the names of any known
-2-1siblings placed separately from the person to be adopted and
2either the plan for ongoing contact between the siblings if
3a court found that continued contact is in the best interest
4of each sibling or a statement that the court found continued
5contact between the siblings is not in the best interest of
6each sibling.
7   Sec. 7.  Section 600.6, Code 2022, is amended by adding the
8following new subsection:
9   NEW SUBSECTION.  2A.  If parental rights were terminated
10pursuant to chapter 232, a copy of any court orders concerning
11whether ongoing contact between siblings not placed with the
12person to be adopted is in the best interest of each sibling.
13   Sec. 8.  Section 600.8, subsection 1, paragraph a, Code 2022,
14is amended by adding the following new subparagraph:
15   NEW SUBPARAGRAPH.  (4)  Whether the minor person to be
16adopted was the subject of a termination of parental rights
17proceeding pursuant to chapter 232, whether there are siblings
18not placed with the minor person to be adopted, and whether, if
19there are siblings, there is an ongoing relationship between
20the siblings and the minor child to be adopted or a court order
21finding contact between the siblings is in the best interest of
22each sibling.
23   Sec. 9.  Section 600.11, subsection 2, paragraph a, Code
242022, is amended by adding the following new subparagraph:
25   NEW SUBPARAGRAPH.  (7)  Any siblings of the person to be
26adopted due to either an ongoing relationship or a court
27finding that ongoing contact with the person to be adopted
28is in the best interest of each sibling if the person to be
29adopted was a minor child when the minor child’s parents had
30their parental rights terminated pursuant to chapter 232 and
31the person to be adopted and the person’s siblings were not
32placed together.
33   Sec. 10.  Section 600.16A, subsection 2, Code 2022, is
34amended by adding the following new paragraph:
35   NEW PARAGRAPH.  e.  Subject to section 235A.15, the juvenile
-3-1court or court shall order the opening of the permanent
2adoption record of the juvenile court or court, the permanent
3termination of parental rights record under chapter 232, or
4both, pertaining to an adopted person who is an adult, upon
5request of the adopted person if the parents of the adopted
6person had their parental rights terminated pursuant to chapter
7232.
8DIVISION IV
9DEPENDENT ADULT ABUSE INFORMATION REGISTRY — DISCLOSURE OF
10INFORMATION
11   Sec. 11.  Section 235B.3, Code 2022, is amended by adding the
12following new subsection:
13   NEW SUBSECTION.  8A.  If, in the course of assessment,
14evaluation, or investigation of a report of dependent adult
15abuse, the department determines that disclosure is necessary
16for the protection of a dependent adult’s resources, the
17department may disclose the initiation and status of the
18dependent adult abuse evaluation to the dependent adult’s bank,
19savings association, credit union, broker-dealer as defined in
20section 502.102, subsection 4, investment advisor as defined
21in section 502.102, subsection 15, financial advisor, or other
22financial institution, or the administrator as defined in
23section 502.102, subsection 1.
24   Sec. 12.  Section 235B.6, subsection 2, paragraph e, Code
252022, is amended by adding the following new subparagraphs:
26   NEW SUBPARAGRAPH.  (20)  To a bank, savings association,
27credit union, broker-dealer as defined in section 502.102,
28subsection 4, investment advisor as defined in section
29502.102, subsection 15, financial advisor, or other financial
30institution as deemed necessary by the department to protect
31the dependent adult’s resources.
32   NEW SUBPARAGRAPH.  (21)  To the social security
33administration.
34   NEW SUBPARAGRAPH.  (22)  To the administrator as defined in
35section 502.102, subsection 1.
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1   Sec. 13.  Section 235B.6, subsection 3, Code 2022, is amended
2to read as follows:
   33.  Access to unfounded dependent adult abuse information is
4authorized only to those persons identified in subsection 2,
5paragraph “a”, paragraph “b”, subparagraphs (2), (5), and (6),
6and paragraph “e”, subparagraphs (2), (5), and (10), (20), (21),
7and (22)
.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
   11This bill relates to programs and services under the purview
12of the department of human services including child care
13assistance, child and family services, foster care, adoption,
14and the dependent adult abuse information registry.
   15STATE CHILD CARE ASSISTANCE ELIGIBILITY. Division I relates
16to the state child care assistance (CCA) program. The CCA
17assists families in the payment of child care if the families
18meet certain eligibility guidelines. One circumstance is
19when a child’s parent, guardian, or custodian is absent for
20a limited period of time due to hospitalization, physical
21illness, or mental illness, or is present but is unable to
22care for the child for a limited period of time as verified
23by a physician. The bill eliminates the limited time period
24restriction for this circumstance.
   25CHILD AND FAMILY SERVICES FOSTER CARE SERVICE PAYMENTS.
26Division II relates to youth aging out of foster care. The
27bill changes the definition of “child” for the purposes of
28Code chapter 234 (child and family services) to mean either
29a person less than 18 years of age or a person 18, 19, or 20
30years of age who was placed by court order issued pursuant
31to Code chapter 232 (juvenile justice) in foster care or in
32an institution under the control, management, direction, and
33operation of the department of human services (DHS) and has
34either, after reaching 18 years of age, remained continuously
35and voluntarily placed with an individual licensed to provide
-5-1foster care pursuant to Code chapter 237 or in a supervised
2apartment living arrangement in Iowa, or left foster care
3after reaching 18 years of age but returned voluntarily for
4placement with an individual licensed to provide foster care
5or in a supervised apartment living arrangement in Iowa; the
6person has demonstrated a willingness to participate in case
7planning and to complete the responsibilities prescribed in the
8person’s case permanency plan; and DHS has made an application
9for the person for adult services upon a determination that it
10is likely the person will need or be eligible for services or
11other support from the adult services system.
   12The bill limits payment for foster care services provided to
13a child who is 18 years of age or older to supervised apartment
14living arrangements and individuals licensed to provide foster
15care in Iowa. Under current law, the state is only allowed to
16pay for family foster care or independent living arrangements
17for foster care services for a child who is 18 years of age;
18independent living arrangements for a child who is 19 years of
19age; and any foster care service provider for a child who is
20at imminent risk of becoming homeless or failing to graduate
21from high school or to obtain a general education development
22diploma, if the services are in the child’s best interest,
23funding is available for the services, and an appropriate
24alternative service is unavailable.
   25The bill eliminates the requirement that DHS report annually
26to the governor and general assembly by January 1 certain
27information relating to the numbers of children for whom the
28state paid independent living services during the immediately
29preceding fiscal year.
   30ADOPTION. Division III relates to adoption. The bill
31requires, if the parents of a person to be adopted had their
32parental rights terminated, a petition for adoption to include
33the names of any known siblings placed separately from the
34person to be adopted and either the plan for ongoing contact
35between the siblings if a court found that continued contact
-6-1is in the best interest of each sibling or a statement that the
2court has found continued contact between the siblings is not
3in the best interest of each sibling.
   4The bill requires, if the parents of a person to be adopted
5had their parental rights terminated, a petition for adoption
6to include a copy of any court orders concerning whether
7ongoing contact between the person to be adopted and any
8siblings not placed with the person is in the best interest of
9each sibling.
   10The bill requires a preplacement investigation report
11to provide information as to whether, if the parents of
12a prospective adoptive child had their parental rights
13terminated, there are siblings who have not been placed with
14a minor child to be adopted and whether there is an ongoing
15relationship between the siblings or a court order finding
16contact between the siblings is in the best interest of each
17sibling.
   18The bill requires an adoption petitioner to provide notice
19of an adoption hearing to any siblings of the person to be
20adopted due to either an ongoing relationship or a court
21finding that ongoing contact is in the best interest of each
22sibling, if the person to be adopted was a minor child when the
23minor child’s parents had their parental rights terminated and
24the person to be adopted and the person’s siblings were not
25placed together.
   26The bill requires a juvenile court or court to order the
27opening of the juvenile court or court’s permanent adoption
28record, permanent termination of parental rights record, or
29both, relating to an adopted person who is an adult, upon
30request of the adopted person if the parents of the adopted
31person had their parental rights terminated.
   32DEPENDENT ADULT ABUSE PROTECTIVE SERVICES. Division IV
33relates to dependent adult abuse protective services. Under
34current law, if DHS receives an allegation of dependent
35adult abuse, DHS will investigate the allegation and create
-7-1a dependent adult abuse report. The bill allows DHS, during
2the course of an assessment, evaluation, or investigation of a
3report of dependent adult abuse, to disclose the initiation and
4status of the dependent adult abuse evaluation to the dependent
5adult’s bank, savings association, credit union, security
6administrator, broker-dealer, investment advisor, financial
7advisor, or other financial institution, or the commissioner
8of insurance or the commissioner’s deputy if DHS reasonably
9determines that such disclosure is necessary for the protection
10of a dependent adult’s resources.
   11The bill authorizes a bank, savings association, credit
12union, security administrator, broker-dealer, investment
13advisor, financial advisor, other financial institution, the
14commissioner of insurance, or the commissioner’s deputy, and
15the social security administration to have access to founded
16dependent adult abuse information of a dependent adult if
17deemed necessary by DHS to protect the dependent adult’s
18resources.
   19The bill authorizes the social security administration and
20the commissioner of insurance and the commissioner’s deputy
21access to founded dependent adult abuse information.
   22The bill makes a nonsubstantive change to Code section
23237.15 (foster care review).
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dg/rh