Read the full stored bill text
House
File
2557
-
Introduced
HOUSE
FILE
2557
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
669)
A
BILL
FOR
An
Act
allowing
a
person
to
raise,
guide,
and
instruct
a
child
1
in
a
manner
consistent
with
the
child’s
sex.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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6835HV
(1)
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dg/ko
H.F.
2557
Section
1.
Section
232.68,
subsection
2,
paragraph
b,
Code
1
2026,
is
amended
to
read
as
follows:
2
b.
“Child
abuse”
or
“abuse”
shall
does
not
be
construed
to
3
hold
a
include
any
of
the
following:
4
(1)
A
victim
responsible
for
failing
to
prevent
a
crime
5
against
the
victim.
6
(2)
Raising,
guiding,
or
instructing
a
child
in
a
manner
7
consistent
with
the
child’s
sex,
including
but
not
limited
to
8
all
of
the
following:
9
(a)
Referring
to
the
child
by
titles
or
pronouns
consistent
10
with
the
child’s
sex.
11
(b)
Seeking
and
consenting
to
a
mental
health
service
12
for
a
child
for
the
purpose
of
helping
the
child
live
a
life
13
consistent
with
the
child’s
sex.
14
(c)
Making
mental
health
or
medical
decisions
based
on
the
15
child’s
sex.
16
(d)
Declining
to
consent
to
gender
transition
17
procedure-related
activity,
as
described
in
section
147.164,
18
for
a
child.
19
Sec.
2.
Section
232.71B,
subsection
7,
Code
2026,
is
amended
20
to
read
as
follows:
21
7.
Facility
or
school
visit.
22
a.
The
assessment
may
include
a
visit
to
a
facility
23
providing
care
to
the
child
named
in
the
report
or
to
any
24
public
or
private
school
subject
to
the
authority
of
the
25
department
of
education
where
the
child
named
in
the
report
is
26
located.
27
b.
The
administrator
of
a
facility,
or
a
public
school,
or
28
a
private
school
shall
cooperate
with
the
a
child
protection
29
worker
by
providing
confidential
access
to
the
child
named
in
30
the
a
child
abuse
report
for
the
purpose
of
interviewing
the
31
child,
and
shall
allow
the
child
protection
worker
confidential
32
access
to
other
children
for
the
purpose
of
conducting
33
interviews
in
order
to
obtain
relevant
information.
34
c.
The
child
protection
worker
may
observe
a
child
named
in
35
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2557
a
report
in
accordance
with
the
provisions
of
section
232.68,
1
subsection
3
,
paragraph
“b”
.
A
witness
shall
be
present
during
2
an
observation
of
a
child.
Any
3
d.
A
child
aged
ten
years
of
age
or
older
can
terminate
4
contact
with
the
child
protection
worker
by
stating
or
5
indicating
the
child’s
wish
to
discontinue
the
contact.
6
e.
The
immunity
granted
by
section
232.73
applies
to
acts
or
7
omissions
in
good
faith
of
administrators
and
their
facilities
8
or
school
districts
for
cooperating
in
an
assessment
and
9
allowing
confidential
access
to
a
child.
10
Sec.
3.
Section
237.5,
Code
2026,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
4.
The
department
shall
not
refuse
to
issue
13
an
individual
or
an
agency
a
license
based,
in
whole
or
in
14
part,
on
the
individual’s
or
agency’s
intent
to
raise,
guide,
15
or
instruct
a
child
in
a
manner
consistent
with
the
child’s
16
sex,
including
but
not
limited
to
all
of
the
following:
17
a.
Referring
to
the
child
by
titles
or
pronouns
consistent
18
with
the
child’s
sex.
19
b.
Seeking
and
consenting
to
a
mental
health
service
for
20
a
child
for
the
purpose
of
helping
the
child
live
a
life
21
consistent
with
the
child’s
sex.
22
c.
Making
mental
health
or
medical
decisions
based
on
the
23
child’s
sex.
24
d.
Declining
to
consent
to
gender
transition
25
procedure-related
activity,
as
described
in
section
147.164,
26
for
a
child.
27
Sec.
4.
Section
598.41,
Code
2026,
is
amended
by
adding
the
28
following
new
subsection:
29
NEW
SUBSECTION
.
3A.
In
considering
what
custody
30
arrangement
under
subsection
2
is
in
the
best
interests
of
the
31
minor
child,
the
court
shall
not
consider
as
a
negative
factor
32
that
a
parent
is
raising,
guiding,
or
instructing,
or
intends
33
to
raise,
guide,
or
instruct,
the
child
in
a
manner
consistent
34
with
the
child’s
sex,
including
but
not
limited
to
all
of
the
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following:
1
a.
Referring
to
the
child
by
titles
or
pronouns
consistent
2
with
the
child’s
sex.
3
b.
Seeking
and
consenting
to
a
mental
health
service
for
4
a
child
for
the
purpose
of
helping
the
child
live
a
life
5
consistent
with
the
child’s
sex.
6
c.
Making
mental
health
or
medical
decisions
based
on
the
7
child’s
sex.
8
d.
Declining
to
consent
to
gender
transition
9
procedure-related
activity,
as
described
in
section
147.164,
10
for
a
child.
11
Sec.
5.
Section
600.7A,
Code
2026,
is
amended
to
read
as
12
follows:
13
600.7A
Adoption
services
provided
by
or
through
the
14
department
Rules
——
selection
of
adoptive
parent
criteria.
15
1.
The
department
shall
adopt
rules
which
provide
that
if
16
adoption
services
are
provided
by
or
through
the
department,
17
notwithstanding
any
other
selection
of
adoptive
parent
18
criteria,
the
overriding
criterion
shall
be
a
preference
for
19
placing
a
child
in
a
stable
home
environment
as
expeditiously
20
as
possible.
21
2.
The
department
shall
not
adopt
rules
that
will
preclude
22
an
individual
from
consideration
as
an
adoptive
parent
based,
23
in
whole
or
in
part,
on
the
individual’s
intent
to
raise,
24
guide,
or
instruct
a
child
in
a
manner
consistent
with
the
25
child’s
sex,
including
but
not
limited
to
all
of
the
following:
26
a.
Referring
to
the
child
by
titles
or
pronouns
consistent
27
with
the
child’s
sex.
28
b.
Seeking
and
consenting
to
a
mental
health
service
for
29
a
child
for
the
purpose
of
helping
the
child
live
a
life
30
consistent
with
the
child’s
sex.
31
c.
Making
mental
health
or
medical
decisions
based
on
the
32
child’s
sex.
33
d.
Declining
to
consent
to
gender
transition
34
procedure-related
activity,
as
described
in
section
147.164,
35
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2557
for
a
child.
1
Sec.
6.
Section
726.6,
Code
2026,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
1A.
“Child
endangerment”
,
as
described
in
4
subsection
1,
does
not
include
a
person
raising,
guiding,
or
5
instructing
a
child
or
a
minor
in
a
manner
consistent
with
the
6
child’s
or
minor’s
sex,
including
but
not
limited
to
all
of
the
7
following:
8
a.
Referring
to
the
child
by
titles
or
pronouns
consistent
9
with
the
child’s
sex.
10
b.
Seeking
and
consenting
to
a
mental
health
service
for
11
a
child
for
the
purpose
of
helping
the
child
live
a
life
12
consistent
with
the
child’s
sex.
13
c.
Making
mental
health
or
medical
decisions
based
on
the
14
child’s
sex.
15
d.
Declining
to
consent
to
gender
transition
16
procedure-related
activity,
as
described
in
section
147.164,
17
for
a
child.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
allows
a
person
to
raise,
guide,
and
instruct
a
22
child
in
a
manner
consistent
with
the
child’s
sex.
23
The
bill
exempts
from
the
definition
of
child
abuse
a
24
person
raising,
guiding,
or
instructing
a
child
in
a
manner
25
consistent
with
the
child’s
sex,
including
but
not
limited
to
26
referring
to
the
child
by
titles
or
pronouns
consistent
with
27
the
child’s
sex;
seeking
and
consenting
to
a
mental
health
28
service
for
a
child
for
the
purpose
of
helping
the
child
live
29
a
life
consistent
with
the
child’s
sex;
making
mental
health
30
or
medical
decisions
based
on
the
child’s
sex;
and
declining
31
to
consent
to
gender
transition
procedure-related
activity
32
for
a
child.
The
bill
adds
similar
language
to
foster
parent
33
licensing
considerations,
court-ordered
custody
considerations
34
during
a
dissolution
of
marriage,
prospective
adoptive
parent
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considerations,
and
exemptions
to
the
definition
of
child
1
endangerment.
2
The
bill
makes
a
conforming
change
to
Code
section
232.71B
3
(duties
of
the
department
upon
receipt
of
[child
abuse]
4
report).
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