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1042
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215)
A
BILL
FOR
An
Act
relating
to
matters
under
the
purview
of
the
department
1
of
health
and
human
services,
including
administrative
2
services
organizations,
child
foster
care,
child
and
3
dependent
adult
abuse,
internal
audit
and
examination
4
information,
and
the
region
incentive
fund
in
the
mental
5
health
and
disability
services
regional
service
fund,
6
health
maintenance
organization’s
premium
tax,
and
making
7
appropriations
and
including
effective
date
and
retroactive
8
applicability
provisions.
9
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
10
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1459HW
(2)
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DIVISION
I
1
ADMINISTRATIVE
SERVICES
ORGANIZATIONS
2
Section
1.
Section
97B.1A,
subsection
8,
paragraph
b,
Code
3
2025,
is
amended
by
adding
the
following
new
subparagraph:
4
NEW
SUBPARAGRAPH
.
(10)
Employees
of
an
administrative
5
services
organization
as
defined
in
section
225A.1.
6
Sec.
2.
Section
229.1,
Code
2025,
is
amended
by
adding
the
7
following
new
subsections:
8
NEW
SUBSECTION
.
2A.
“Behavioral
health
district”
means
the
9
same
as
defined
in
section
225A.1.
10
NEW
SUBSECTION
.
7A.
“Disability
access
point”
means
an
11
organization
designated
by
the
department
for
a
behavioral
12
health
district
to
serve
as
the
primary
local
access
point
for
13
individuals
with
disabilities,
and
the
individuals’
caregivers,
14
to
provide
person-centered
assistance
that
facilitates
15
the
coordination
of
the
individuals’
services,
simplifies
16
service
navigation,
and
improves
overall
accessibility
to
17
disability-related
resources.
18
Sec.
3.
Section
229.19,
subsection
1,
paragraph
a,
Code
19
2025,
is
amended
by
striking
the
paragraph
and
inserting
in
20
lieu
thereof
the
following:
21
a.
(1)
The
board
of
supervisors
of
each
county
shall
22
appoint
an
individual
to
act
as
an
advocate
representing
the
23
interests
of
patients
involuntarily
hospitalized
by
the
court
24
in
matters
relating
to
a
patient’s
hospitalization
or
treatment
25
under
section
229.14
or
229.15.
The
individual
shall
have
26
prior
experience
advocating
for
or
promoting
the
welfare
and
27
rehabilitation
of
persons
with
mental
illness.
28
(2)
A
person
appointed
under
this
section
shall
not
be
any
29
of
the
following:
30
(a)
An
officer
or
employee
of
the
department.
31
(b)
An
officer
or
employee
of
an
administrative
services
32
organization.
33
(c)
An
officer
or
employee
of
an
agency
or
facility
34
providing
care
or
treatment
to
persons
with
mental
illness.
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(d)
An
officer
or
employee
of
a
disability
access
point.
1
DIVISION
II
2
CHILD
FOSTER
CARE
3
Sec.
4.
Section
232.69,
subsection
1,
paragraph
b,
4
subparagraph
(9),
Code
2025,
is
amended
to
read
as
follows:
5
(9)
An
employee
or
operator
of
a
child
foster
care
facility
6
licensed
or
approved
under
chapter
237
.
7
Sec.
5.
Section
232.78,
subsection
8,
paragraph
a,
8
subparagraph
(4),
Code
2025,
is
amended
to
read
as
follows:
9
(4)
An
individual
licensed
to
provide
foster
care
pursuant
10
to
licensee
or
an
approved
kinship
caregiver
under
chapter
237.
11
If
the
child
is
placed
with
a
licensed
foster
care
provider
12
an
individual
licensee
or
an
approved
kinship
caregiver
,
the
13
department
shall
assign
decision-making
authority
to
the
foster
14
care
provider
individual
licensee
or
the
approved
kinship
15
caregiver
for
the
purpose
of
applying
the
reasonable
and
16
prudent
parent
standard
during
the
child’s
placement.
17
Sec.
6.
Section
232.95,
subsection
2,
paragraph
c,
18
subparagraph
(4),
Code
2025,
is
amended
to
read
as
follows:
19
(4)
An
individual
licensed
to
provide
foster
care
pursuant
20
to
licensee
or
an
approved
kinship
caregiver
under
chapter
237.
21
If
the
child
is
placed
with
a
licensed
foster
care
provider
22
an
individual
licensee
or
an
approved
kinship
caregiver
,
the
23
department
shall
assign
decision-making
authority
to
the
foster
24
care
provider
individual
licensee
or
approved
kinship
caregiver
25
for
the
purpose
of
applying
the
reasonable
and
prudent
parent
26
standard
during
the
child’s
placement.
27
Sec.
7.
Section
232.102,
subsection
1,
paragraph
a,
28
subparagraph
(4),
Code
2025,
is
amended
to
read
as
follows:
29
(4)
An
individual
licensed
to
provide
foster
care
pursuant
30
to
licensee
or
an
approved
kinship
caregiver
under
chapter
237.
31
If
the
child
is
placed
with
a
licensed
foster
care
provider
32
an
individual
licensee
or
an
approved
kinship
caregiver
,
the
33
department
shall
assign
decision-making
authority
to
the
foster
34
care
provider
individual
licensee
or
approved
kinship
caregiver
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for
the
purpose
of
applying
the
reasonable
and
prudent
parent
1
standard
during
the
child’s
placement.
2
Sec.
8.
Section
234.1,
subsection
1,
paragraph
a,
3
subparagraphs
(1)
and
(2),
Code
2025,
are
amended
to
read
as
4
follows:
5
(1)
After
reaching
eighteen
years
of
age,
the
person
has
6
remained
continuously
and
voluntarily
under
the
care
of
an
7
individual
,
as
defined
in
section
237.1
,
licensed
to
provide
8
foster
care
pursuant
to
licensee
or
approved
kinship
caregiver
9
under
chapter
237
,
or
in
a
supervised
apartment
living
10
arrangement,
in
this
state.
11
(2)
The
person
aged
out
of
foster
care
after
reaching
12
eighteen
years
of
age
and
subsequently
voluntarily
applied
13
for
placement
with
an
individual
,
as
defined
in
section
14
237.1
,
licensed
to
provide
foster
care
pursuant
to
licensee
or
15
approved
kinship
caregiver
under
chapter
237
,
or
for
placement
16
in
a
supervised
apartment
living
arrangement,
in
this
state.
17
Sec.
9.
Section
234.7,
subsection
1,
Code
2025,
is
amended
18
to
read
as
follows:
19
1.
The
department
shall
comply
with
the
provision
20
associated
with
child
foster
care
licensees
provisions
under
21
chapter
237
that
requires
that
a
child’s
foster
parent
require
22
an
individual
licensee
or
an
approved
kinship
caregiver
to
be
23
included
in,
and
be
provided
timely
notice
of,
planning
and
24
review
activities
associated
with
the
child,
including
but
not
25
limited
to
permanency
planning
and
placement
review
meetings,
26
which
shall
include
discussion
of
the
child’s
rehabilitative
27
treatment
needs.
28
Sec.
10.
Section
234.39,
subsection
2,
paragraph
b,
Code
29
2025,
is
amended
to
read
as
follows:
30
b.
This
subsection
An
assignment
of
support
under
paragraph
31
“a”
shall
not
apply
when
a
child
is
placed
with
a
relative
32
or
fictive
kin
as
those
terms
are
defined
in
section
232.2,
33
who
unless
the
relative
or
fictive
kin
is
not
licensed
an
34
individual
licensee
or
an
approved
kinship
caregiver
under
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chapter
237
to
provide
child
foster
care
.
1
Sec.
11.
Section
235A.15,
subsection
2,
paragraph
c,
2
subparagraph
(2),
Code
2025,
is
amended
to
read
as
follows:
3
(2)
To
an
administrator
of
a
child
foster
care
facility
4
licensed
under
chapter
237
as
defined
in
section
237.1
if
5
the
data
concerns
a
person
employed
or
being
considered
for
6
employment
by
the
facility.
7
Sec.
12.
Section
237.1,
Code
2025,
is
amended
to
read
as
8
follows:
9
237.1
Definitions.
10
As
used
in
this
chapter
:
11
1.
“Agency”
means
a
person
which
provides
child
foster
care
12
and
which
that
does
not
meet
the
definition
of
an
individual
as
13
defined
under
this
section
or
a
kinship
caregiver
.
14
2.
“Agency
licensee”
means
an
agency
issued
a
license
under
15
this
chapter.
16
3.
“Approval”
means
the
authorization
granted
to
a
kinship
17
caregiver
by
the
department
through
an
expedited
process
under
18
this
chapter
to
provide
child
foster
care,
and
allows
the
19
kinship
caregiver
to
receive
maximum
financial
support
and
to
20
obtain
the
information
and
resources
necessary
to
meet
the
21
needs
of
a
child
under
a
court-ordered
placement
with
the
22
kinship
caregiver.
23
4.
“Approved
kinship
caregiver”
means
a
kinship
caregiver
24
granted
approval
under
this
chapter.
25
5.
“Child”
means
child
the
same
as
defined
in
section
234.1
.
26
3.
6.
“Child
foster
care”
means
the
provision
of
parental
27
nurturing,
including
but
not
limited
to
the
furnishing
of
food,
28
lodging,
training,
education,
supervision,
treatment,
or
other
29
care,
to
a
child
on
a
full-time
basis
by
a
person,
including
a
30
relative
or
fictive
kin
of
the
child
if
the
relative
or
fictive
31
kin
is
licensed
under
this
chapter
an
individual
licensee
or
32
an
approved
kinship
caregiver
,
but
not
including
a
guardian
33
of
the
child.
“Child
foster
care”
does
not
include
any
of
the
34
following
care
situations:
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a.
Care
furnished
by
an
individual
person
who
receives
the
1
child
of
a
personal
friend
as
an
occasional
and
personal
guest
2
in
the
individual
person’s
individual’s
home,
free
of
charge
3
and
not
as
a
business.
4
b.
Care
furnished
by
an
individual
person
with
whom
a
child
5
has
been
placed
for
lawful
adoption,
unless
that
adoption
is
6
not
completed
within
two
years
after
placement.
7
c.
Care
furnished
by
a
private
boarding
school
subject
to
8
approval
by
the
state
board
of
education
pursuant
to
section
9
256.11
.
10
d.
Child
care
furnished
by
a
child
care
center,
a
child
11
development
home,
or
a
child
care
home
as
those
terms
are
12
defined
in
section
237A.1
.
13
e.
Care
furnished
in
a
hospital
licensed
under
chapter
135B
14
or
care
furnished
in
a
nursing
facility
licensed
under
chapter
15
135C
.
16
f.
Care
furnished
by
a
relative
or
fictive
kin
of
a
child
or
17
an
individual
person
with
a
meaningful
relationship
with
the
18
child
where
when
the
child
is
not
under
the
placement,
care,
or
19
supervision
of
the
department.
20
4.
7.
“Department”
means
the
department
of
health
and
human
21
services.
22
5.
8.
“Director”
means
the
director
of
health
and
human
23
services.
24
6.
9.
“Facility”
means
the
personnel,
program,
physical
25
plant,
and
equipment
of
a
licensee
or
approved
kinship
26
caregiver.
“Facility”
includes
a
foster
family
home
.
27
7.
10.
“Fictive
kin”
means
the
same
as
defined
in
section
28
232.2.
29
11.
“Foster
family
home”
means
a
single-family
home
30
environment
in
which
child
foster
care
is
provided.
31
12.
“Individual”
means
an
individual
a
natural
person
32
or
a
married
couple
who
provides
child
foster
care
in
a
33
single-family
home
environment
and
which
does
not
meet
the
34
definition
of
an
agency
under
this
section
.
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8.
13.
“Individual
licensee”
means
an
individual,
including
1
an
individual
who
is
a
relative
or
fictive
kin,
issued
a
2
license
under
this
chapter.
3
14.
“Kinship
caregiver”
means
a
relative
or
fictive
kin
of
a
4
child.
5
15.
“License”
means
the
authorization
issued
to
an
6
individual
or
an
agency
by
the
department
under
this
chapter
7
to
provide
child
foster
care.
8
16.
“Licensee”
means
an
individual
or
an
agency
licensed
9
under
this
chapter
.
10
9.
17.
“Reasonable
and
prudent
parent
standard”
means
11
the
standard
characterized
by
careful
and
sensible
parenting
12
decisions
that
maintain
the
health,
safety,
and
best
interests
13
of
a
child,
while
at
the
same
time
encouraging
the
emotional
14
and
developmental
growth
of
a
child,
that
a
caregiver
caretaker
15
shall
use
when
determining
whether
to
allow
a
child
in
child
16
foster
care
under
the
placement,
care,
or
supervision
of
the
17
department
to
participate
in
extracurricular,
enrichment,
18
cultural,
or
social
activities.
For
the
purposes
of
this
19
subsection
,
“caregiver”
“caretaker”
means
an
individual
or
an
20
agency
licensed
under
this
chapter
a
licensee
with
which
a
21
child
in
child
foster
care
has
been
placed
,
an
approved
kinship
22
caregiver
with
whom
a
child
in
child
foster
care
has
been
23
placed,
or
a
juvenile
shelter
care
home
approved
under
chapter
24
232
in
which
a
child
in
child
foster
care
has
been
placed.
25
18.
“Relative”
means
an
individual
related
to
a
child
within
26
the
fourth
degree
of
consanguinity
or
affinity
by
marriage
or
27
through
adoption.
28
Sec.
13.
Section
237.2,
Code
2025,
is
amended
to
read
as
29
follows:
30
237.2
Purpose.
31
It
is
the
policy
of
this
state
to
provide
appropriate
32
protection
for
children
who
are
separated
from
the
direct
33
personal
care
of
their
parents,
relatives,
fictive
kin,
or
34
guardians
and,
as
a
result,
are
subject
to
difficulty
in
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achieving
appropriate
physical,
mental,
emotional,
educational,
1
or
social
development.
This
chapter
shall
be
construed
and
2
administered
to
further
that
policy
by
assuring
that
child
3
foster
care
is
adequately
provided
by
competently
staffed
and
4
well-equipped
child
foster
care
facilities,
including
but
not
5
limited
to
residential
treatment
centers,
group
homes,
and
6
foster
family
homes.
7
Sec.
14.
Section
237.3,
Code
2025,
is
amended
to
read
as
8
follows:
9
237.3
Rules.
10
1.
Except
as
otherwise
provided
by
subsections
3
and
4
,
11
the
department
shall
adopt
and
enforce
in
accordance
with
12
chapter
17A
,
administrative
rules
necessary
to
implement
this
13
chapter
.
Formulation
of
the
rules
shall
include
consultation
14
with
representatives
of
child
foster
care
providers
and
other
15
persons
affected
by
this
chapter
.
The
rules
shall
encourage
16
the
provision
of
child
foster
care
in
a
single-family,
home
17
environment,
exempting
the
single-family,
home
facility
18
foster
family
homes,
and
shall
exempt
foster
family
homes
from
19
inappropriate
rules.
20
2.
Rules
applicable
relating
to
individual
licensees
and
21
agency
licensees,
as
applicable,
shall
include
but
are
not
22
limited
to
all
of
the
following
:
23
a.
Types
of
facilities
which
include
but
are
not
limited
24
to
group
foster
care
facilities
and
foster
family
foster
care
25
homes.
26
b.
The
number,
qualifications,
character,
and
parenting
27
ability
of
personnel
necessary
to
assure
the
health,
safety
and
28
welfare
of
children
receiving
child
foster
care.
29
c.
Programs
for
education
and
in-service
training
of
30
personnel.
31
d.
The
physical
environment
of
a
facility.
32
e.
Policies
for
intake,
assessment,
admission
and
discharge.
33
f.
Housing,
health,
safety,
and
medical
care
policies
34
for
children
receiving
child
foster
care.
The
medical
care
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policies
shall
include
but
are
not
limited
to
all
of
the
1
following:
2
(1)
Provision
by
the
department
to
the
foster
care
provider
3
at
or
before
the
time
of
a
child’s
placement
of
the
a
child’s
4
health
records
,
and
any
other
information
possessed
or
known
5
about
the
health
of
the
child
or
about
a
member
of
the
child’s
6
family
that
pertains
to
the
child’s
health
,
from
the
department
7
to
a
licensee
or
an
approved
kinship
caregiver
at
or
before
8
the
time
of
a
child’s
placement
with
the
licensee
or
approved
9
kinship
caregiver
.
10
(2)
If
the
health
records
supplied
to
the
licensee
or
11
approved
kinship
caregiver
in
accordance
with
the
child’s
case
12
permanency
plan
to
the
foster
care
provider
are
incomplete
,
or
13
the
provider
licensee
or
approved
kinship
caregiver
requests
14
specific
health
information,
provision
procedures
for
obtaining
15
additional
health
information
from
the
child’s
parent
,
or
other
16
source
,
and
supplying
providing
the
additional
information
17
to
the
foster
care
provider
licensee
or
approved
kinship
18
caregiver
.
19
(3)
Provision
for
emergency
health
coverage
of
the
child
20
while
the
child
is
engaged
in
temporary
,
out-of-state
travel
21
with
the
child’s
foster
family
individual
licensee
or
approved
22
kinship
caregiver
.
23
g.
(1)
The
adequacy
of
programs
available
to
children
24
receiving
child
foster
care
provided
by
agencies,
including
but
25
not
limited
to:
26
(a)
Dietary
services.
27
(b)
Social
services.
28
(c)
Activity
programs.
29
(d)
Behavior
management
procedures.
30
(e)
Educational
programs,
including
,
where
appropriate,
31
special
education
as
defined
in
section
256B.2,
subsection
1,
32
paragraph
“b”
,
where
appropriate,
which
are
approved
by
the
33
state
board
of
education.
34
(2)
The
department
shall
not
promulgate
adopt
rules
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which
that
regulate
individual
licensees
or
approved
kinship
1
caregivers
in
the
subject
areas
enumerated
in
this
paragraph
2
“g”
.
3
h.
Policies
for
involvement
of
biological
parents.
4
i.
Records
a
licensee
or
approved
kinship
caregiver
is
5
required
to
keep,
and
reports
a
licensee
or
approved
kinship
6
caregiver
is
required
to
make
to
the
department.
7
j.
Prior
to
the
licensing
of
an
individual
as
a
foster
8
family
home
,
completion
of
a
required,
written
social
9
assessment
of
the
quality
of
the
living
situation
in
the
home
10
of
the
individual
an
individual’s
prospective
foster
family
11
home
,
and
completion
of
a
required
compilation
of
personal
12
references
for
the
individual
,
other
than
those
references
13
given
provided
by
the
individual.
14
k.
Elements
of
a
foster
care
placement
agreement
outlining
15
rights
and
responsibilities
associated
with
an
individual
or
16
kinship
caregiver
providing
family
child
foster
care.
The
17
rights
and
responsibilities
shall
include
but
are
not
limited
18
to
all
of
the
following:
19
(1)
Receiving
information
prior
to
the
child’s
placement
20
regarding
risk
factors
concerning
the
child
that
are
known
to
21
the
department,
including
but
not
limited
to
notice
if
the
22
child
is
required
to
register
under
chapter
692A
.
23
(2)
Having
regularly
scheduled
meetings
with
each
case
24
manager
assigned
to
the
child.
25
(3)
Receiving
access
to
any
reports
prepared
by
a
service
26
provider
who
is
working
with
the
child
unless
the
access
is
27
prohibited
by
state
or
federal
law.
28
3.
Rules
governing
fire
safety
in
facilities
with
a
facility
29
in
which
child
foster
care
is
provided
by
agencies
an
agency
30
shall
be
promulgated
adopted
by
the
director
of
the
department
31
of
inspections,
appeals,
and
licensing
pursuant
to
section
32
10A.511
,
after
consultation
with
the
director.
33
4.
Rules
governing
sanitation,
water,
and
waste
disposal
34
standards
for
facilities
shall
be
promulgated
adopted
by
the
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department
pursuant
to
section
135.11
,
after
consultation
with
1
the
director
.
2
5.
In
case
of
a
conflict
between
rules
promulgated
adopted
3
pursuant
to
subsections
3
and
4
and
local
rules
ordinances
,
the
4
more
stringent
requirement
applies
shall
apply
.
5
6.
Rules
of
adopted
by
the
department
shall
not
prohibit
6
the
licensing
,
as
foster
family
homes,
of
individuals
who
are
7
a
departmental
employees
employee
not
directly
engaged
in
the
8
administration
of
the
child
foster
care
program
pursuant
to
9
this
chapter
,
as
an
individual
licensee
.
10
7.
If
an
agency
is
accredited
by
the
joint
commission
on
11
the
accreditation
of
health
care
organizations
under
the
joint
12
commission’s
consolidated
standards
for
residential
settings
,
13
or
by
the
council
on
accreditation
of
services
for
families
and
14
children
,
the
department
shall
modify
the
facility
licensure
15
standards
applied
to
the
agency
in
order
to
avoid
duplicating
16
duplication
of
standards
applied
through
accreditation.
17
8.
The
department,
in
consultation
with
the
judicial
18
branch,
residential
treatment
providers,
the
foster
care
19
provider
association,
and
other
parties
which
may
be
affected,
20
shall
review
the
licensing
rules
pertaining
to
licensing
of
21
residential
treatment
facilities,
and
examine
whether
determine
22
if
the
rules
allow
the
residential
treatment
facilities
to
23
accept
and
provide
effective
treatment
to
juveniles
with
24
serious
problems
who
might
not
otherwise
be
placed
in
those
25
residential
treatment
facilities.
26
9.
The
department
shall
adopt
rules
specifying
that
specify
27
the
elements
of
a
preadoptive
care
agreement
outlining
the
28
rights
and
responsibilities
associated
with
a
person
providing
29
preadoptive
care,
as
defined
in
section
232.2
.
30
10.
The
department
shall
adopt
rules
to
administer
the
31
exception
to
the
definition
of
child
care
in
section
237A.1,
32
subsection
2
,
paragraph
“l”
,
allowing
allow
a
child
care
33
facility
,
for
purposes
of
providing
to
provide
respite
care
34
to
in
a
foster
family
home
,
to
provide
care,
supervision,
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or
guidance
of
a
child
for
a
period
of
twenty-four
hours
or
1
more
to
a
child
who
is
placed
with
the
licensed
foster
family
2
home
an
individual
licensee,
as
provided
in
section
237A.1,
3
subsection
2,
paragraph
“l”
.
4
11.
The
department
shall
adopt
rules
to
require
the
5
department
or
a
representative
of
the
department
to
visit
a
6
child
placed
with
an
individual
licensee
or
approved
kinship
7
caregiver
within
two
weeks
of
the
child
being
placed
with
the
8
individual
licensee
or
approved
kinship
caregiver,
and
at
least
9
once
each
calendar
month
thereafter.
10
12.
The
department
shall
adopt
rules
that
would
allow
11
each
individual
licensees
licensee
and
each
approved
kinship
12
caregiver
to
apply
the
reasonable
and
prudent
parent
standard
13
to
create
opportunities
for
a
child
to
participate
in
age
or
14
developmentally
appropriate
activities.
15
Sec.
15.
Section
237.4,
unnumbered
paragraph
1,
Code
2025,
16
is
amended
to
read
as
follows:
17
An
individual
or
an
agency
,
as
defined
in
section
237.1
,
18
shall
not
provide
child
foster
care
unless
the
individual
19
or
agency
obtains
a
license
issued
under
this
chapter
is
20
a
licensee
.
However,
a
license
under
this
chapter
is
not
21
required
of
the
following:
22
Sec.
16.
Section
237.4,
subsection
8,
Code
2025,
is
amended
23
to
read
as
follows:
24
8.
An
individual
providing
child
care
as
a
babysitter
at
the
25
request
of
a
parent,
guardian
,
fictive
kin,
or
relative
having
26
lawful
custody
of
the
child.
27
Sec.
17.
Section
237.5A,
Code
2025,
is
amended
to
read
as
28
follows:
29
237.5A
Foster
parent
training.
30
1.
As
a
condition
for
initial
licensure,
each
individual
31
licensee
shall
complete
thirty
hours
of
foster
parent
training
32
offered
or
approved
by
the
department.
However,
if
the
33
individual
licensee
has
completed
relevant
training
or
has
a
34
combination
of
completed
relevant
training
and
experience,
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and
the
department
deems
such
training
or
combination
to
be
1
an
acceptable
equivalent
to
all
or
a
portion
of
the
initial
2
licensure
training
requirement,
or
based
upon
the
circumstances
3
of
the
child
and
the
individual
licensee
the
department
finds
4
there
is
other
good
cause,
the
department
may
waive
all
or
5
a
portion
of
the
training
requirement.
Prior
to
renewal
6
of
licensure,
each
individual
licensee
shall
also
annually
7
complete
six
hours
of
foster
parent
training.
The
training
8
shall
include
but
is
not
limited
to
physical
care,
education,
9
learning
disabilities,
referral
to
and
receipt
of
necessary
10
professional
services,
behavioral
assessment
and
modification,
11
self-assessment,
self-living
skills,
and
biological
parent
12
contact.
An
individual
licensee
may
complete
the
training
as
13
part
of
an
approved
training
program
offered
by
a
public
or
14
private
agency
with
expertise
in
the
provision
of
child
foster
15
care
or
in
related
subject
areas.
The
department
shall
adopt
16
rules
to
implement
and
enforce
this
training
requirement.
17
2.
A
An
individual
licensee
who
is
unable
to
complete
six
18
hours
of
foster
parent
training
annually
prior
to
licensure
19
renewal
because
the
individual
licensee
is
engaged
in
active
20
duty
in
the
military
service
shall
be
considered
to
be
in
21
compliance
with
the
training
requirement
for
licensure
renewal.
22
3.
The
department
or
the
department’s
agent
shall
notify
an
23
individual
licensee
within
a
reasonable
amount
of
time
of
any
24
training
the
department
believes
would
benefit
the
individual
25
licensee
in
the
provision
of
child
foster
care.
26
Sec.
18.
NEW
SECTION
.
237.5B
Approved
kinship
caregiver.
27
1.
A
kinship
caregiver
shall
not
provide
child
foster
care
28
unless
the
kinship
caregiver
has
been
granted
approval
under
29
this
section.
30
2.
A
kinship
caregiver
shall
apply
for
approval
by
31
submitting
a
completed
application
to
the
department
on
a
form
32
furnished
by
the
department.
33
3.
The
department,
after
notice
and
opportunity
for
an
34
evidentiary
hearing,
may
deny
an
application
for
approval
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or
continued
approval
if
the
applicant
or
approved
kinship
1
caregiver
violates
this
chapter
or
rules
adopted
pursuant
to
2
this
chapter.
3
Sec.
19.
Section
237.6,
Code
2025,
is
amended
to
read
as
4
follows:
5
237.6
Restricted
use
of
facility.
6
1.
A
licensee
or
approved
kinship
caregiver
shall
not
7
furnish
child
foster
care
in
a
building
or
on
premises
not
8
designated
in
the
licensee’s
license
or
the
kinship
caregiver’s
9
approval
.
10
2.
A
licensee
shall
not
furnish
child
foster
care
to
a
11
greater
number
of
children
than
is
designated
in
the
licensee’s
12
license,
unless
authorized
by
the
department.
Multiple
13
3.
The
department
may
issue
multiple
licenses
authorizing
14
separate
and
distinct
parts
of
a
an
agency
licensee’s
facility
15
to
provide
different
categories
of
child
foster
care
may
be
16
issued
.
17
Sec.
20.
Section
237.8,
Code
2025,
is
amended
to
read
as
18
follows:
19
237.8
Personnel.
20
1.
A
person
shall
not
be
allowed
to
provide
services
in
a
an
21
agency
licensee’s
facility
if
the
person
has
a
disease
which
is
22
transmissible
to
other
persons
through
required
contact
in
the
23
workplace,
which
presents
a
significant
risk
of
infecting
other
24
persons,
which
presents
a
substantial
possibility
of
harming
25
other
persons,
or
for
which
no
reasonable
accommodation
can
26
eliminate
the
risk
of
infecting
other
persons.
27
2.
a.
(1)
If
a
person
is
being
considered
for
licensure
28
or
approval
under
this
chapter
,
or
if
a
person
is
being
29
considered
for
employment
involving
by
an
agency
licensee
and
30
the
employment
involves
direct
responsibility
for
a
child
or
,
31
is
in
a
facility
where
children
reside,
by
a
licensee
under
32
this
chapter
,
or
if
a
requires
the
person
will
to
reside
in
a
33
facility
utilized
by
a
an
agency
licensee,
and
if
the
person
34
has
been
convicted
of
a
crime
or
has
a
record
of
founded
child
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abuse,
the
record
check
evaluation
system
of
the
department
,
1
and
the
agency
licensee
for
an
a
prospective
employee
of
the
2
agency
licensee
,
shall
perform
an
evaluation
to
determine
3
whether
the
crime
or
founded
child
abuse
warrants
prohibition
4
of
licensure,
approval,
employment,
or
residence
in
the
5
facility.
The
record
check
evaluation
system
shall
conduct
6
criminal
and
child
abuse
record
checks
in
this
state
and
may
7
conduct
these
checks
in
other
states.
The
evaluation
shall
8
be
performed
in
accordance
with
procedures
adopted
for
this
9
purpose
by
the
department.
10
(2)
If
the
criminal
and
child
abuse
record
checks
conducted
11
in
this
state
under
subparagraph
(1)
for
an
individual
a
person
12
being
considered
for
licensure
as
an
agency
licensee
under
this
13
chapter
,
or
for
employment
involving
by
an
agency
licensee
and
14
the
employment
involves
direct
responsibility
for
a
child
or
,
15
is
in
a
facility
where
children
reside,
by
a
licensee
under
16
this
chapter
,
or
for
an
individual
who
will
requires
the
person
17
to
reside
in
a
facility
utilized
by
a
an
agency
licensee,
have
18
been
completed
and
the
individual
person
either
does
not
have
19
a
record
of
crime
or
founded
child
abuse
or
the
record
check
20
evaluation
system’s
evaluation
of
the
record
has
determined
21
that
prohibition
of
the
individual’s
licensure
or
employment
22
is
not
warranted,
the
individual
person
may
be
provisionally
23
approved
for
licensure
or
employment
licensed
or
employed
24
pending
the
outcome
of
the
fingerprint-based
criminal
history
25
check
conducted
pursuant
to
subparagraph
(4).
26
(3)
An
individual
A
person
being
considered
for
licensure
27
as
an
agency
licensee
under
this
chapter
,
or
a
person
being
28
considered
for
employment
involving
by
an
agency
licensee
if
29
the
employment
involves
direct
responsibility
for
a
child
or
,
30
is
in
a
facility
where
children
reside,
by
a
licensee
under
31
this
chapter
,
or
for
an
individual
who
will
requires
the
person
32
to
reside
in
a
facility
utilized
by
a
an
agency
licensee,
shall
33
not
be
granted
a
license
or
be
employed
and
an
evaluation
shall
34
not
be
performed
under
this
subsection
,
if
the
individual
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person
has
been
convicted
of
any
of
the
following
felony
1
offenses:
2
(a)
Within
the
five-year
period
preceding
the
application
3
date,
a
drug-related
offense.
4
(b)
Child
endangerment
or
neglect
or
abandonment
of
a
5
dependent
person.
6
(c)
Domestic
abuse.
7
(d)
A
crime
against
a
child,
including
but
not
limited
to
8
sexual
exploitation
of
a
minor.
9
(e)
A
forcible
felony.
10
(4)
If
an
individual
a
person
is
being
considered
for
11
licensure
or
approval
under
this
chapter
,
or
if
a
person
is
12
being
considered
for
employment
involving
by
an
agency
licensee
13
and
the
employment
involves
direct
responsibility
for
a
child
14
or
,
is
in
a
facility
where
children
reside,
by
a
licensee
under
15
this
chapter
,
or
if
an
individual
will
requires
the
person
to
16
reside
in
a
facility
utilized
by
a
an
agency
licensee,
or
if
17
an
individual
is
subject
to
licensure
under
this
chapter
as
18
a
foster
parent,
in
addition
to
the
record
checks
conducted
19
under
subparagraph
(1),
the
individual’s
person’s
fingerprints
20
shall
be
provided
to
the
department
of
public
safety
for
21
submission
through
the
state
criminal
history
repository
to
22
the
United
States
department
of
justice,
federal
bureau
of
23
investigation
for
a
national
criminal
history
check.
The
cost
24
of
the
criminal
history
check
conducted
under
this
subparagraph
25
is
shall
be
the
responsibility
of
the
department.
26
(5)
If
the
criminal
and
child
abuse
record
checks
conducted
27
in
this
state
under
subparagraph
(1)
for
an
individual
a
person
28
being
considered
for
licensure
as
a
foster
parent
an
individual
29
licensee
or
for
approval
as
an
approved
kinship
caregiver
30
have
been
completed
and
the
individual
person
either
does
not
31
have
a
record
of
crime
or
founded
abuse
,
or
the
record
check
32
evaluation
system’s
evaluation
of
the
record
has
determined
33
that
prohibition
of
the
individual’s
person’s
licensure
34
or
approval
is
not
warranted,
the
individual
person
may
be
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provisionally
approved
for
licensure
licensed
or
approved
1
pending
the
outcome
of
the
fingerprint-based
criminal
history
2
check
conducted
pursuant
to
subparagraph
(4).
3
(6)
An
applicant
for
a
license
as
an
individual
applying
4
to
be
a
foster
parent
licensee
or
for
approval
as
an
approved
5
kinship
caregiver
shall
not
be
granted
a
license
or
approval,
6
and
an
evaluation
shall
not
be
performed
under
this
subsection
,
7
if
the
individual
applicant
has
been
convicted
of
any
of
the
8
following
felony
offenses:
9
(a)
Within
the
five-year
period
preceding
the
application
10
date,
a
drug-related
offense.
11
(b)
Child
endangerment
or
neglect
or
abandonment
of
a
12
dependent
person.
13
(c)
Domestic
abuse.
14
(d)
A
crime
against
a
child,
including
but
not
limited
to
15
sexual
exploitation
of
a
minor.
16
(e)
A
forcible
felony.
17
b.
Except
as
otherwise
provided
in
paragraph
“a”
,
if
the
18
record
check
evaluation
system
determines
that
a
person
has
19
committed
a
crime
or
has
a
record
of
founded
child
abuse
and
20
is
licensed,
approved,
employed
by
a
an
agency
licensee,
or
21
resides
in
a
licensed
facility
,
the
record
check
evaluation
22
system
shall
notify
the
licensee
or
approved
kinship
caregiver
23
that
an
evaluation
will
be
conducted
to
determine
whether
24
prohibition
of
the
person’s
licensure,
approval,
employment,
or
25
residence
is
warranted.
26
c.
In
an
evaluation,
the
record
check
evaluation
system
,
and
27
the
agency
licensee
for
an
employee
or
prospective
employee
of
28
the
agency
licensee
shall
consider
the
nature
and
seriousness
29
of
the
crime
or
founded
child
abuse
in
relation
to
the
position
30
sought
or
held,
the
time
elapsed
since
the
commission
of
the
31
crime
or
founded
child
abuse,
the
circumstances
under
which
32
the
crime
or
founded
child
abuse
was
committed,
the
degree
of
33
rehabilitation,
the
likelihood
that
the
person
will
commit
the
34
crime
or
founded
child
abuse
again,
and
the
number
of
crimes
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or
founded
child
abuses
committed
by
the
person
involved.
The
1
record
check
evaluation
system
may
permit
a
person
who
is
2
evaluated
to
be
licensed,
approved,
employed,
or
to
reside
in
a
3
facility
,
or
to
continue
to
be
licensed,
approved,
employed,
4
or
to
reside
in
a
licensed
facility,
if
the
person
complies
5
with
the
record
check
evaluation
system’s
conditions
relating
6
to
the
person’s
licensure,
approval,
employment,
or
residence,
7
which
may
include
completion
of
additional
training.
For
an
8
employee
or
prospective
employee
of
a
an
agency
licensee,
9
these
conditional
requirements
shall
be
developed
with
the
10
agency
licensee.
The
record
check
evaluation
system
has
shall
11
have
final
authority
in
determining
whether
prohibition
of
12
the
person’s
licensure,
approval,
employment,
or
residence
is
13
warranted
and
in
developing
any
conditional
requirements
under
14
this
paragraph.
15
d.
If
the
record
check
evaluation
system
determines
that
the
16
person
has
committed
a
crime
or
has
a
record
of
founded
child
17
abuse
which
that
warrants
prohibition
of
licensure,
approval,
18
employment,
or
residence,
the
person
shall
not
be
licensed
or
19
approved
under
this
chapter
and
shall
not
be
employed
by
a
an
20
agency
licensee
or
reside
in
a
licensed
facility.
21
3.
In
addition
to
the
record
checks
required
under
22
subsection
2
,
the
record
check
evaluation
system
may
conduct
23
dependent
adult
abuse
record
checks
in
this
state
and
may
24
conduct
these
checks
in
other
states
,
on
a
random
basis.
The
25
provisions
of
subsection
2
,
relative
to
an
evaluation
following
26
a
determination
that
a
person
has
been
convicted
of
a
crime
27
or
has
a
record
of
founded
child
abuse,
shall
also
apply
to
a
28
random
check
conducted
under
this
subsection
.
29
4.
A
An
agency
licensee
shall
inform
all
new
applicants
30
for
employment
of
the
possibility
of
the
performance
of
a
31
record
check
and
shall
obtain,
from
the
applicant,
a
signed
32
acknowledgment
of
the
receipt
of
the
information.
33
5.
A
An
agency
licensee
shall
include
the
following
inquiry
34
in
an
application
for
employment:
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Do
you
have
a
record
of
founded
child
or
dependent
adult
1
abuse
,
or
have
you
ever
been
convicted
of
a
crime,
in
this
2
state
or
any
other
state?
3
Sec.
21.
Section
237.9,
Code
2025,
is
amended
to
read
as
4
follows:
5
237.9
Confidential
information.
6
A
person
who
receives
information
from
or
through
the
7
department
concerning
a
child
who
has
received
or
is
receiving
8
child
foster
care,
a
relative
or
guardian
of
the
child,
a
9
single-family,
home
licensee,
or
an
individual
employee
of
10
a
licensee,
shall
not
disclose
that
information
directly
or
11
indirectly,
except
as
authorized
by
section
217.30
,
or
as
12
authorized
or
required
by
section
232.69
.
if
the
information
13
concerns
any
of
the
following:
14
1.
A
child
who
has
received
or
is
receiving
child
foster
15
care.
16
2.
A
relative,
fictive
kin,
or
guardian
of
a
child
who
has
17
received
or
is
receiving
child
foster
care.
18
3.
An
individual
licensee.
19
4.
An
employee
of
a
licensee.
20
5.
An
approved
kinship
caregiver.
21
Sec.
22.
Section
237.10,
Code
2025,
is
amended
to
read
as
22
follows:
23
237.10
Child
foster
care
providers
Individual
licensees
and
24
approved
kinship
caregivers
.
25
1.
a.
The
department
shall
notify
an
individual
licensee
or
26
approved
kinship
caregiver
of
any
appropriate
meetings
relating
27
to
the
case
permanency
plan
of
a
child
in
the
care
of
the
28
individual
licensee
or
approved
kinship
caregiver
.
29
b.
The
department
shall
notify
an
individual
licensee
30
or
approved
kinship
caregiver
of
any
meetings
known
to
the
31
department
relating
to
the
individualized
education
program
32
of
a
child
in
the
care
of
the
individual
licensee
or
approved
33
kinship
caregiver
.
34
c.
The
department
shall
notify
an
individual
licensee
or
35
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approved
kinship
caregiver
of
any
medical
appointments
required
1
or
scheduled
in
consultation
with
the
department
relating
to
2
a
child
in
the
care
of
the
individual
licensee
or
approved
3
kinship
caregiver
.
4
2.
The
department
or
the
department’s
agent
may
share
5
otherwise
confidential
information
about
a
child
with
an
6
individual
licensee
or
approved
kinship
caregiver
being
7
considered
as
a
possible
placement
for
the
child
to
the
extent
8
such
disclosure
is
relevant
to
the
placement
decision
and
the
9
proper
care
of
the
child.
The
department
or
the
department’s
10
agent
may
facilitate
sharing
the
contact
information
of
11
previous
individual
licensees
and
approved
kinship
caregivers
12
for
a
child
with
the
next
individual
licensee
or
approved
13
kinship
caregiver
in
an
effort
to
support
the
continuity
of
14
care
for
a
child.
15
3.
Upon
placement
of
a
child
with
an
individual
licensee
16
or
approved
kinship
caregiver
,
the
department
shall
provide
17
the
individual
licensee
or
approved
kinship
caregiver
with
18
information
that
would
allow
the
individual
licensee
or
19
approved
kinship
caregiver
to
contact
the
department
or
an
20
agent
of
the
department
for
assistance
relating
to
child
foster
21
care.
22
4.
Prior
to
disclosing
an
individual
licensee’s
or
approved
23
kinship
caregiver’s
private
address,
work
address,
or
contact
24
information,
the
department
shall
evaluate
possible
safety
25
concerns
to
determine
whether
such
information
may
be
released
26
without
posing
a
risk
to
the
safety
of
the
individual
licensee,
27
the
approved
kinship
caregiver,
the
child,
or
any
other
person.
28
5.
The
department
shall
notify
an
individual
licensee
or
29
approved
kinship
caregiver
within
a
reasonable
amount
of
time
30
of
any
change
in
a
law
or
regulation
rule
that
would
have
a
31
substantive
impact
on
the
individual
licensee’s
or
approved
32
kinship
caregiver’s
obligations
and
responsibilities
relating
33
to
child
foster
care.
34
6.
a.
The
department
shall
provide
written
notice
to
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an
individual
licensee
,
or
an
approved
kinship
caregiver,
a
1
minimum
of
ten
days
prior
to
the
removal
of
a
child
from
the
2
care
of
the
individual
licensee
or
approved
kinship
caregiver
.
3
Such
notice
shall
include
the
reasons
for
the
child’s
removal.
4
b.
This
subsection
shall
not
apply
if
the
health
or
safety
5
of
the
child
or
another
person
is
threatened
by
the
child’s
6
presence
in
the
child’s
current
placement
home
,
if
the
court
7
orders
the
removal
of
a
child
from
the
individual
licensee
or
8
the
approved
kinship
caregiver
,
if
the
child
is
absent
from
the
9
home
placement
without
authorization,
if
the
child
is
being
10
moved
to
the
home
of
a
biological
parent
or
legal
guardian,
or
11
if
the
individual
licensee
or
approved
kinship
caregiver
is
12
alleged
to
have
committed
child
abuse
or
neglect.
13
7.
a.
An
individual
licensee
or
approved
kinship
caregiver
14
shall
provide
written
notice
to
the
department
a
minimum
of
ten
15
days
prior
to
a
request
to
remove
a
child
from
the
individual
16
licensee’s
care
or
the
approved
kinship
caregiver’s
care
.
17
b.
This
subsection
shall
not
apply
to
a
situation
where
the
18
health
or
safety
of
the
child
or
another
person
is
threatened
19
by
the
child’s
presence
in
the
child’s
current
placement
home
.
20
8.
At
the
conclusion
of
an
investigation
conducted
by
21
the
department
that
may
affect
an
individual
licensee’s
22
ability
,
or
an
approved
kinship
caregiver’s
ability,
to
23
provide
child
foster
care
in
the
future,
the
department
shall
24
provide
the
individual
licensee
or
approved
kinship
caregiver
25
with
a
written
report
that
details
the
conclusions
of
the
26
investigation.
27
9.
a.
The
department
shall
require
an
individual
licensee
28
or
approved
kinship
caregiver
to
attempt,
to
the
extent
29
reasonably
possible,
to
maintain
a
child’s
culture
and
beliefs.
30
b.
An
individual
licensee
or
an
approved
kinship
caregiver
31
shall
be
allowed
to
provide
child
foster
care,
according
to
32
the
individual
licensee’s
or
the
approved
kinship
caregiver’s
33
own
culture
and
beliefs,
if
such
child
foster
care
does
not
34
actively
discourage
a
child
to
disregard
the
child’s
own
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culture
and
beliefs
and
a
biological
parent
whose
parental
1
rights
have
not
been
terminated
or
a
legal
guardian
for
the
2
child
does
not
object
to
the
practice
or
activity
that
is
3
consistent
with
the
individual
licensee’s
or
the
approved
4
kinship
caregiver’s
own
culture
and
beliefs.
5
10.
a.
The
department
or
the
department’s
agent
shall
6
consider
the
needs
and
scheduling
demands
of
a
child,
the
7
child’s
parents,
the
child’s
siblings,
and
the
individual
8
licensee
or
approved
kinship
caregiver
caring
for
the
child
9
when
scheduling
supervised
or
any
other
visitation
between
the
10
child
and
the
child’s
siblings,
family
members,
or
fictive
kin.
11
b.
The
department
shall
not
require
an
individual
licensee
12
or
an
approved
kinship
caregiver
to
conduct
,
or
to
be
present
13
during
,
supervised
visits
scheduled
pursuant
to
paragraph
“a”
.
14
11.
The
department
shall
accept
information
from
an
15
individual
licensee
or
approved
kinship
caregiver
relating
to
16
medical
appointments,
treatment
needs,
educational
progress,
17
and
educational
services
for
a
child
placed
with
the
individual
18
licensee
or
approved
kinship
caregiver
.
The
department
shall
19
consider
all
such
information
when
developing
or
modifying
20
a
child’s
case
permanency
plan
,
and
in
the
coordination
of
21
care
and
decisions
related
to
services
and
care
necessary
22
for
the
child.
The
information
the
department
receives
from
23
an
individual
licensees
will
licensee
or
an
approved
kinship
24
caregiver
shall
be
reviewed
and
considered
as
decisions
about
25
the
child’s
progress
and
needs
are
made.
26
12.
The
department
shall
maintain
a
process
to
allow
an
each
27
individual
licensee
and
each
approved
kinship
caregiver
to
file
28
complaints
a
complaint
with
the
department
electronically
for
29
an
alleged
violations
violation
relating
to
this
section
.
30
13.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
31
to
implement
this
section
.
32
Sec.
23.
Section
237.13,
Code
2025,
is
amended
to
read
as
33
follows:
34
237.13
Foster
family
home
insurance
fund.
35
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1.
For
the
purposes
of
this
section
,
“foster
home”
means
an
1
individual,
as
defined
in
section
237.1,
subsection
7
,
who
is
2
licensed
to
provide
child
foster
care
and
shall
also
be
known
3
as
a
“licensed
foster
home”
.
4
2.
The
foster
family
home
insurance
fund
shall
be
5
administered
by
the
department.
The
fund
shall
consist
of
all
6
moneys
appropriated
by
the
general
assembly
for
deposit
in
the
7
fund.
The
department
shall
use
moneys
in
the
fund
to
provide
8
home
and
property
coverage
for
foster
parents
to
cover
damages
9
to
property
resulting
from
the
actions
of
a
foster
child
10
residing
in
a
foster
family
home
or
to
reimburse
foster
parents
11
for
the
cost
of
purchasing
foster
care
liability
insurance
and
12
to
perform
the
administrative
functions
necessary
to
carry
out
13
this
section
.
The
department
may
establish
limitations
of
14
liability
for
individual
claims
as
deemed
reasonable
by
the
15
department.
16
3.
2.
The
department
shall
adopt
rules,
pursuant
to
chapter
17
17A
,
to
carry
out
the
provisions
of
this
section
.
18
Sec.
24.
Section
237.14,
Code
2025,
is
amended
to
read
as
19
follows:
20
237.14
Enhanced
child
foster
care
services.
21
The
department
shall
provide
for
enhanced
child
foster
22
care
services
by
establishing
supplemental
per
diem
or
23
performance-based
contracts
that
include
payment
of
costs
24
relating
to
payments
of
principal
and
interest
for
bonds
and
25
notes
issued
pursuant
to
section
16.57
with
facilities
licensed
26
under
this
chapter
which
that
provide
special
services
to
27
children
who
would
otherwise
be
placed
in
a
state
juvenile
28
institution
or
an
out-of-state
program.
Before
completion
of
29
the
department’s
budget
estimate
as
required
by
section
8.23
,
30
the
department
shall
determine
and
include
in
the
estimate
the
31
amount
which
should
be
appropriated
for
enhanced
child
foster
32
care
services
for
the
forthcoming
fiscal
year
in
order
to
33
provide
sufficient
services.
34
Sec.
25.
Section
237.14A,
Code
2025,
is
amended
to
read
as
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follows:
1
237.14A
Reasonable
and
prudent
parent
standard
——
immunity
2
from
liability.
3
The
department,
or
any
individual,
kinship
caregiver,
4
agency,
or
juvenile
shelter
care
home
that
applies
the
5
reasonable
and
prudent
parent
standard
reasonably
and
in
good
6
faith
in
regard
to
a
child
in
child
foster
care
shall
have
7
immunity
from
civil
or
criminal
liability
which
might
otherwise
8
be
incurred
or
imposed.
This
section
shall
not
remove
or
limit
9
any
existing
liability
protection
afforded
under
any
other
law.
10
Sec.
26.
Section
237.15,
subsection
1,
paragraph
a,
Code
11
2025,
is
amended
to
read
as
follows:
12
a.
The
efforts
to
place
the
child
with
a
relative
or
fictive
13
kin
.
14
Sec.
27.
Section
237.15,
subsection
5,
Code
2025,
is
amended
15
by
striking
the
subsection.
16
Sec.
28.
Section
237A.1,
subsection
2,
paragraph
l,
Code
17
2025,
is
amended
to
read
as
follows:
18
l.
A
child
care
facility
providing
respite
care
to
a
19
licensed
in
a
foster
family
home
for
a
period
of
twenty-four
20
hours
or
more
to
a
child
who
is
placed
with
that
licensed
21
foster
family
home
an
individual
licensee
under
chapter
237
.
22
Sec.
29.
Section
237A.3A,
subsection
1,
paragraph
d,
Code
23
2025,
is
amended
to
read
as
follows:
24
d.
A
person
who
holds
a
child
foster
care
license
licensee
25
or
an
approved
kinship
caregiver
under
chapter
237
shall
26
register
as
a
child
development
home
provider
in
order
to
27
provide
child
care.
28
Sec.
30.
Section
237C.1,
subsection
2,
paragraph
f,
Code
29
2025,
is
amended
to
read
as
follows:
30
f.
Care
furnished
by
a
child
foster
care
facility
licensed
31
licensee
or
approved
kinship
caregiver
under
chapter
237.
32
Sec.
31.
Section
237C.3,
subsection
2,
Code
2025,
is
amended
33
to
read
as
follows:
34
2.
Standards
established
by
the
department
under
this
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chapter
shall
at
a
minimum
address
the
basic
health
and
1
educational
needs
of
children;
protection
of
children
from
2
mistreatment,
abuse,
and
neglect;
background
and
records
checks
3
of
persons
providing
care
to
children
in
facilities
certified
4
under
this
chapter
;
the
use
of
seclusion,
restraint,
or
other
5
restrictive
interventions;
health;
safety;
emergency;
and
the
6
physical
premises
on
which
care
is
provided
by
a
children’s
7
residential
facility.
The
background
check
requirements
shall
8
be
substantially
equivalent
to
those
applied
under
chapter
9
237
for
a
child
foster
care
facility
provider
licensee
or
an
10
approved
kinship
caregiver
.
11
Sec.
32.
Section
282.19,
subsection
2,
Code
2025,
is
amended
12
to
read
as
follows:
13
2.
A
child
who
is
living
in
a
licensed
individual
or
14
agency
child
foster
care
facility
,
or
with
an
approved
kinship
15
caregiver
,
as
those
terms
are
defined
in
section
237.1,
or
in
16
an
unlicensed
relative
foster
care
placement,
shall
remain
17
enrolled
in
and
attend
an
accredited
school
in
the
school
18
district
in
which
the
child
resided
and
is
enrolled
at
the
19
time
of
placement,
unless
it
is
determined
by
the
juvenile
20
court
or
the
public
or
private
agency
of
this
state
that
has
21
responsibility
for
the
child’s
placement
that
remaining
in
such
22
school
is
not
in
the
best
interests
of
the
child.
If
such
23
a
determination
is
made,
the
child
may
attend
an
accredited
24
school
located
in
the
school
district
in
which
the
child
is
25
living
and
not
in
the
school
district
in
which
the
child
26
resided
prior
to
receiving
foster
care.
27
Sec.
33.
Section
335.25,
subsection
2,
paragraph
c,
Code
28
2025,
is
amended
to
read
as
follows:
29
c.
“Family
home”
means
a
community-based
residential
home
30
which
is
licensed
as
a
residential
care
facility
under
chapter
31
135C
or
as
a
child
foster
care
facility
under
chapter
237
to
32
provide
room
and
board,
personal
care,
habilitation
services,
33
and
supervision
in
a
family
environment
exclusively
for
not
34
more
than
eight
persons
with
a
developmental
disability
or
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brain
injury
and
any
necessary
support
personnel.
However,
1
family
home
does
not
mean
an
individual
a
foster
family
home
2
licensed
under
chapter
237
.
3
Sec.
34.
Section
414.22,
subsection
2,
paragraph
c,
Code
4
2025,
is
amended
to
read
as
follows:
5
c.
“Family
home”
means
a
community-based
residential
home
6
which
is
licensed
as
a
residential
care
facility
under
chapter
7
135C
or
as
a
child
foster
care
facility
under
chapter
237
to
8
provide
room
and
board,
personal
care,
habilitation
services,
9
and
supervision
in
a
family
environment
exclusively
for
not
10
more
than
eight
persons
with
a
developmental
disability
or
11
brain
injury
and
any
necessary
support
personnel.
However,
12
family
home
does
not
mean
an
individual
a
foster
care
family
13
home
licensed
under
chapter
237
.
14
Sec.
35.
Section
423.3,
subsection
18,
paragraph
b,
Code
15
2025,
is
amended
to
read
as
follows:
16
b.
Residential
facilities
in
which
an
agency
licensed
by
the
17
department
of
health
and
human
services
provides
child
foster
18
care
pursuant
to
chapter
237
,
other
than
those
maintained
by
19
individuals
as
defined
in
section
237.1,
subsection
7
.
20
Sec.
36.
Section
709.16,
subsection
2,
paragraph
b,
21
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
22
(1)
A
child
foster
care
facility
licensed
under
section
23
237.4
chapter
237
.
24
Sec.
37.
RULES.
The
department
of
health
and
human
services
25
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
26
division
of
this
Act,
including
rules
for
the
approval
of
27
relatives
or
fictive
kin
to
provide
child
foster
care.
28
DIVISION
III
29
CHILD
AND
DEPENDENT
ADULT
ABUSE
30
Sec.
38.
Section
135.118,
Code
2025,
is
amended
by
adding
31
the
following
new
subsection:
32
NEW
SUBSECTION
.
5.
The
department
shall
adopt
rules
33
pursuant
to
chapter
17A
to
administer
this
section.
34
Sec.
39.
Section
235A.1,
subsection
1,
paragraph
b,
Code
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2025,
is
amended
to
read
as
follows:
1
b.
Funds
for
the
programs
or
projects
shall
be
applied
2
for
and
received
by
a
community-based
volunteer
coalition
or
3
council
entity
.
4
Sec.
40.
Section
235A.15,
subsection
1,
Code
2025,
is
5
amended
to
read
as
follows:
6
1.
Notwithstanding
chapter
22
,
the
Child
abuse
information
7
shall
be
confidential
and
shall
not
be
a
public
record
under
8
chapter
22.
The
confidentiality
of
all
child
abuse
information
9
shall
be
maintained,
except
as
specifically
provided
by
this
10
section
.
11
Sec.
41.
Section
235B.2,
subsection
5,
paragraph
a,
12
subparagraph
(1),
subparagraph
division
(c),
Code
2025,
is
13
amended
to
read
as
follows:
14
(c)
Exploitation
of
a
dependent
adult
which
means
the
a
15
fraudulent
or
otherwise
illegal,
unauthorized,
or
improper
16
attempt,
act
,
or
process
of
taking
unfair
advantage
by
a
17
caretaker
or
fiduciary
to
use
the
physical
or
financial
18
resources
of
a
dependent
adult
or
the
adult’s
physical
19
or
financial
resources,
without
the
informed
consent
of
20
the
dependent
adult,
including
theft,
by
the
use
of
undue
21
influence,
harassment,
duress,
deception,
false
representation,
22
or
false
pretenses
for
any
of
the
following
purposes:
23
(i)
Monetary
or
personal
benefit,
profit,
or
gain.
24
(ii)
To
deprive
the
dependent
adult
of
the
use
of
the
25
dependent
adult’s
physical
or
financial
resources,
including
26
any
benefits,
belongings,
or
assets
.
27
Sec.
42.
Section
235B.3,
subsection
7,
Code
2025,
is
amended
28
to
read
as
follows:
29
7.
a.
Upon
a
showing
of
probable
cause
that
a
dependent
30
adult
has
been
abused,
a
court
may
authorize
a
person,
also
31
authorized
by
the
department,
to
make
an
evaluation,
to
enter
32
the
residence
of,
and
to
examine
the
dependent
adult.
33
b.
Upon
a
showing
of
probable
cause
that
there
has
been
34
exploitation
of
a
dependent
adult
has
been
financially
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exploited
,
a
court
may
authorize
a
person,
also
authorized
by
1
the
department,
to
make
an
evaluation,
and
to
gain
access
to
2
the
financial
records
that
the
department
reasonably
believes
3
are
related
to
the
resources
of
the
dependent
adult.
4
Sec.
43.
Section
235B.6,
subsection
1,
Code
2025,
is
amended
5
to
read
as
follows:
6
1.
Notwithstanding
chapter
22
,
the
Dependent
adult
abuse
7
information
shall
be
confidential
and
shall
not
be
a
public
8
record
under
chapter
22.
The
confidentiality
of
all
dependent
9
adult
abuse
information
shall
be
maintained,
except
as
10
specifically
provided
by
subsections
2
and
3
.
11
Sec.
44.
Section
235B.6,
subsection
2,
paragraph
e,
12
subparagraph
(2),
Code
2025,
is
amended
to
read
as
follows:
13
(2)
Registry
or
department
personnel
when
necessary
to
14
the
performance
of
their
official
duties
,
or
a
person
,
an
15
instrumentality
of
the
state,
or
an
agency
under
contract
with
16
the
department
to
carry
out
official
duties
and
functions
of
17
the
registry
.
18
Sec.
45.
Section
249A.4,
Code
2025,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
16.
Require
providers
to
share
information
21
with
the
department
as
necessary
to
identify,
prevent,
or
22
respond
to
child
abuse
as
defined
in
section
232.68,
and
23
dependent
adult
abuse
as
defined
in
section
235B.2.
24
DIVISION
IV
25
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
INTERNAL
AUDITS
AND
26
EXAMINATIONS
27
Sec.
46.
NEW
SECTION
.
217.31A
Internal
audits
and
28
examinations.
29
1.
An
internal
audit
or
examination
conducted
by
or
on
30
behalf
of
the
department
shall
be
conducted
in
accordance
with
31
the
most
recent
global
internal
audit
standards
published
by
32
the
institute
of
internal
auditors.
33
2.
Information
created
or
received
by
the
department
in
34
the
course
of
an
internal
audit
or
examination
conducted
by
35
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or
on
behalf
of
the
department,
including
any
allegations
1
of
misconduct
or
noncompliance,
and
all
internal
audit
or
2
examination
workpapers,
shall
be
treated
as
confidential.
3
3.
Subsection
2
shall
not
be
construed
to
limit
the
auditor
4
of
state’s
access
to
information
the
auditor
of
state
is
5
authorized
to
access
under
section
11.41.
Any
information
6
treated
as
confidential
under
subsection
2
and
shared
by
the
7
department
with
the
auditor
of
state
shall
not
be
disclosed
by
8
the
auditor
of
state
unless
any
of
the
following
conditions
9
apply:
10
a.
The
director
authorizes
such
disclosure
in
writing.
11
b.
The
information
is
contained
in
the
department’s
final
12
report
for
the
internal
audit
or
examination.
13
DIVISION
V
14
REGION
INCENTIVE
FUND
——
DISTRIBUTIONS
AND
TRANSFERS
15
Sec.
47.
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
16
BEHAVIORAL
HEALTH
SERVICES
SYSTEM
——
REGION
INCENTIVE
FUND.
17
1.
For
purposes
of
this
section:
18
a.
“Administrative
services
organization”
means
the
same
as
19
defined
in
2024
Iowa
Acts,
chapter
1161,
section
1.
20
b.
“Behavioral
health
fund”
means
the
behavioral
health
21
fund
established
in
2024
Iowa
Acts,
chapter
1161,
section
7,
22
subsection
2.
23
c.
“Behavioral
health
services
system”
means
the
behavioral
24
health
services
system
established
in
2024
Iowa
Acts,
chapter
25
1161,
section
3,
subsection
1.
26
d.
“Mental
health
and
disability
services
system”
means
27
the
mental
health
and
disability
services
system
described
in
28
section
225C.6B.
29
2.
Notwithstanding
any
provision
of
law
to
the
contrary,
30
there
is
appropriated
from
the
region
incentive
fund
created
31
in
section
225C.7A,
subsection
8,
to
the
department
of
health
32
and
human
services
for
the
fiscal
year
beginning
July
1,
2024,
33
and
ending
June
30,
2025,
an
amount
necessary
to
ensure
the
34
continuity
of
care
for
persons
transferring
from
the
mental
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health
and
disability
services
system
to
the
behavioral
1
health
services
system,
and
for
distribution
to
administrative
2
services
organizations
to
be
used
for
expenses
related
to
the
3
duties
of
the
administrative
services
organizations
under
the
4
behavioral
health
services
system.
5
3.
Moneys
distributed
to
and
used
by
an
administrative
6
services
organization
pursuant
to
subsection
1,
shall
7
not
be
considered
in
the
computation
of
any
limit
on
the
8
administrative
costs
of
an
administrative
services
organization
9
including
those
prescribed
in
2024
Iowa
Acts,
chapter
1161,
10
section
7,
subsection
5.
11
4.
Moneys
in
the
mental
health
and
disability
services
12
regional
service
fund
established
in
section
225C.7A,
13
subsection
1,
that
remain
unencumbered
or
unobligated
on
June
14
30,
2025,
shall
be
transferred
to
the
behavioral
health
fund.
15
Sec.
48.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
16
deemed
of
immediate
importance,
takes
effect
upon
enactment.
17
Sec.
49.
RETROACTIVE
APPLICABILITY.
This
division
of
this
18
Act
applies
retroactively
to
July
1,
2024.
19
DIVISION
VI
20
HEALTH
MAINTENANCE
ORGANIZATION
——
APPLICABLE
PERCENTAGE
FOR
21
PREMIUM
TAX
22
Sec.
50.
Section
432.1,
subsection
2,
unnumbered
paragraph
23
1,
Code
2025,
is
amended
to
read
as
follows:
24
The
“applicable
percent”
for
purposes
of
subsection
1
of
this
25
section
,
section
432.1B,
and
section
432.2
is
the
following:
26
Sec.
51.
Section
432.1B,
subsection
1,
Code
2025,
is
amended
27
to
read
as
follows:
28
1.
Pursuant
to
section
514B.31,
subsection
3
,
a
health
29
maintenance
organization
contracting
with
the
department
of
30
health
and
human
services
to
administer
the
medical
assistance
31
program
under
chapter
249A
,
shall
pay
as
taxes
to
the
director
32
of
the
department
of
revenue
for
deposit
in
the
Medicaid
33
managed
care
organization
premiums
fund
created
in
section
34
249A.13
,
an
amount
equal
to
two
and
one-half
the
applicable
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percent
,
as
provided
in
section
432.1,
subsection
2,
of
the
1
premiums
received
and
taxable
under
section
514B.31,
subsection
2
3
.
3
Sec.
52.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
4
deemed
of
immediate
importance,
takes
effect
upon
enactment.
5
Sec.
53.
RETROACTIVE
APPLICABILITY.
This
division
of
this
6
Act
applies
retroactively
to
January
1,
2024.
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
matters
under
the
purview
of
the
11
department
of
health
and
human
services
(HHS).
12
DIVISION
I
——
ADMINISTRATIVE
SERVICES
ORGANIZATIONS.
The
13
bill
excludes
persons
employed
by
an
administrative
services
14
organization
(ASO)
from
the
definition
of
an
employee
for
the
15
purposes
of
the
Iowa
public
employees’
retirement
system.
16
The
bill
defines
“behavioral
health
district”
and
17
“disability
access
point”.
18
The
bill
prohibits
an
ASO,
an
officer
or
an
employee
of
an
19
ASO,
or
an
officer
or
an
employee
of
a
disability
access
point
20
from
acting
as
a
county’s
advocate
to
represent
the
interests
21
of
patients
involuntarily
hospitalized
by
the
court
in
matters
22
relating
to
a
patient’s
hospitalization
or
treatment.
23
DIVISION
II
——
CHILD
FOSTER
CARE.
Under
current
law,
a
24
person’s
periodic
support
payments
pursuant
to
an
order
or
25
judgment
are
deemed
assigned
to
HHS
if
the
person
is
or
has
a
26
child
receiving
foster
care
services.
The
assignment
does
not
27
apply
when
a
child
is
placed
with
a
relative
or
fictive
kin
of
28
the
child
who
is
not
licensed
to
provide
child
foster
care.
29
The
bill
permits
the
assignment
unless
the
relative
or
fictive
30
kin
is
not
licensed
to
provide
child
foster
care
and
is
not
an
31
approved
kinship
caregiver.
32
The
bill
defines
“approval”
as
the
authorization
granted
33
to
a
kinship
caregiver
by
HHS
through
an
expedited
process
34
under
Code
chapter
237
to
receive
maximum
financial
support
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and
to
obtain
the
information
and
resources
necessary
to
meet
1
the
needs
of
a
child
under
a
court-ordered
placement
with
the
2
kinship
caregiver.
3
The
bill
defines
“fictive
kin”
as
an
adult
person
who
is
4
not
a
relative
of
a
child
but
who
has
an
emotionally
positive
5
significant
relationship
with
the
child
or
the
child’s
family.
6
The
bill
defines
“foster
family
home”
as
a
licensed
7
single-family
home
environment
in
which
child
foster
care
is
8
provided.
9
The
bill
defines
“individual”
as
a
natural
person
or
a
10
married
couple.
11
The
bill
defines
“kinship
caregiver”
as
a
relative
or
12
fictive
kin
of
a
child.
13
The
bill
defines
“license”
as
the
authorization
issued
to
an
14
individual
or
an
agency
by
HHS
to
provide
child
foster
care.
15
The
bill
defines
“relative”
as
an
individual
related
to
a
16
child
within
the
fourth
degree
of
consanguinity
or
affinity
by
17
marriage
or
through
adoption.
18
The
bill
also
defines
“agency
licensee”,
“approved
kinship
19
caregiver”,
and
“individual
licensee”.
20
The
bill
makes
several
changes
to
Code
chapter
237
and
to
21
Code
sections
232.78
(temporary
custody
of
a
child
pursuant
to
22
ex
parte
court
order),
232.98
(hearing
concerning
temporary
23
removal),
232.102
(transfer
of
legal
custody
of
child
and
24
placement),
234.1
(child
and
family
services
——
definitions),
25
234.39
(child
and
family
services
——
responsibility
for
costs
26
of
services),
237A.1
(child
care
facilities
——
definitions),
27
237A.3A
(child
development
homes),
and
423.3
(streamlined
sales
28
and
use
tax
Act
——
exemptions).
29
DIVISION
III
——
CHILD
AND
DEPENDENT
ADULT
ABUSE.
The
bill
30
requires
HHS
to
adopt
rules
to
administer
the
child
protection
31
center
grant
program.
32
The
bill
allows
a
community-based
entity
to
apply
for
and
33
receive
funds
appropriated
to
HHS
by
the
general
assembly
34
for
child
abuse
prevention.
Under
current
law,
only
a
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community-based
volunteer
coalition
or
council
can
apply
for
1
and
receive
such
funds.
2
The
bill
makes
child
abuse
information,
and
information
3
obtained
in
the
course
of
an
assessment
or
evaluation
of
a
4
report
of
dependent
adult
abuse,
confidential
records.
5
The
bill
defines
“exploitation
of
a
dependent
adult”
as
6
a
fraudulent
or
otherwise
illegal,
unauthorized,
or
improper
7
attempt,
act,
or
process
by
a
caretaker
or
fiduciary
to
use
the
8
physical
or
financial
resources
of
a
dependent
adult
for
the
9
purpose
of
monetary
or
personal
benefit,
profit,
or
gain,
or
to
10
deprive
the
dependent
adult
of
the
use
of
the
dependent
adult’s
11
physical
or
financial
resources,
including
any
benefits,
12
belongings,
or
assets.
13
Under
current
law,
upon
a
showing
of
probable
cause
that
14
a
dependent
adult
has
been
financially
exploited
a
court
may
15
authorize
a
person,
who
is
also
authorized
by
HHS,
to
gain
16
access
to
the
financial
records
of
the
dependent
adult.
The
17
bill
amends
the
statute
so
the
person
authorized
by
the
court
18
and
HHS
can
gain
access
to
financial
records
that
HHS
has
a
19
reasonable
belief
are
related
to
the
financial
resources
of
the
20
dependent
adult.
21
The
bill
authorizes
an
instrumentality
of
the
state
to
22
access
dependent
adult
abuse
records.
23
The
bill
requires
the
director
of
HHS
to
require
providers
24
under
the
medical
assistance
program
to
share
information
with
25
HHS
as
necessary
to
identify,
prevent,
or
respond
to
child
or
26
dependent
adult
abuse.
27
DIVISION
IV
——
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
28
——
INTERNAL
AUDITS
AND
EXAMINATIONS.
The
bill
requires
an
29
internal
audit
or
examination
conducted
by
or
on
behalf
of
30
HHS
to
be
conducted
in
accordance
with
the
most
recent
global
31
internal
audit
standards
published
by
the
institute
of
internal
32
auditors.
33
The
bill
requires
information
created
or
received
by
34
HHS
in
the
course
of
an
internal
audit
or
examination
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conducted
by
or
on
behalf
of
HHS,
including
allegations
1
of
misconduct
or
noncompliance,
and
all
internal
audit
or
2
examination
workpapers,
to
be
treated
as
confidential.
Such
3
confidentiality
shall
not
be
construed
to
limit
the
auditor
4
of
state’s
(auditor)
access
to
information
the
auditor
is
5
authorized
to
access
by
Code
section
11.41.
Information
shared
6
with
the
auditor
may
not
be
disclosed
by
the
auditor
unless
the
7
director
of
HHS
authorizes
the
disclosure
in
writing
or
the
8
information
is
contained
in
HHS’s
final
report
for
the
internal
9
audit
or
examination.
10
DIVISION
V
——
REGION
INCENTIVE
FUND
——
DISTRIBUTIONS
AND
11
TRANSFERS.
The
bill
appropriates
from
the
region
incentive
12
fund
of
the
mental
health
and
disability
services
regional
13
service
fund
to
HHS
for
FY
2024-2025,
an
amount
as
necessary
to
14
ensure
the
continuity
of
care
for
persons
transferring
services
15
from
the
mental
health
and
disability
services
system
to
the
16
behavioral
health
services
system
(BHSS)
and
for
distribution
17
to
ASOs
to
be
used
for
expenses
related
to
the
duties
of
the
ASO
18
under
the
BHSS.
The
moneys
used
by
an
ASO
do
not
count
toward
19
any
limit
on
the
ASO’s
administrative
costs.
20
The
bill
requires
any
unobligated
and
unencumbered
moneys
21
remaining
in
the
mental
health
and
disability
services
regional
22
service
fund
on
June
30,
2025,
to
be
transferred
to
the
23
behavioral
health
fund.
24
This
division
of
the
bill
is
effective
upon
enactment
and
25
applies
retroactively
to
July
1,
2024.
26
DIVISION
VI
——
HEALTH
MAINTENANCE
ORGANIZATION
——
APPLICABLE
27
PERCENTAGE
FOR
PREMIUM
TAX.
Under
current
law,
a
health
28
maintenance
organization
contracting
with
HHS
to
administer
the
29
medical
assistance
program
must
pay
taxes
to
the
director
of
30
the
department
of
revenue
for
deposit
in
the
Medicaid
managed
31
care
organization
premiums
fund,
an
amount
equal
to
2.5
percent
32
of
the
premiums
received
and
taxable.
The
bill
changes
such
33
amount
to
the
applicable
percent
of
the
premiums
received
and
34
taxable.
The
“applicable
percent”
is
defined
in
Code
section
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432.1(2)
(tax
on
gross
premiums
——
exclusions),
and
is
.95
1
percent
for
the
2025
calendar
year,
.925
percent
for
the
2026
2
calendar
year,
and
.9
percent
for
the
2027
calendar
year
and
3
all
subsequent
calendar
years.
4
This
division
of
the
bill
is
effective
upon
enactment
and
5
applies
retroactively
to
January
1,
2024.
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