Read the full stored bill text
House
File
374
-
Introduced
HOUSE
FILE
374
BY
A.
MEYER
A
BILL
FOR
An
Act
relating
to
the
delegation
of
custodial
rights
and
1
duties
with
respect
to
a
child.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
232.2,
subsection
12,
paragraph
c,
Code
1
2025,
is
amended
to
read
as
follows:
2
c.
(1)
All
rights
and
duties
of
a
custodian
shall
be
3
subject
to
any
residual
rights
and
duties
remaining
in
a
parent
4
or
guardian.
5
(2)
Notwithstanding
subparagraph
(1),
the
department
may
6
consent
to
routine
medical
care
for
a
child
that
will
allow
the
7
child
to
engage
in
normal
childhood
experiences
and
participate
8
in
activities
in
a
manner
similar
to
the
child’s
peers.
9
“Routine
medical
care”
includes
but
is
not
limited
to
all
of
the
10
following:
11
(a)
Preventative
care,
also
known
as
wellness
care,
not
12
including
the
administration
of
a
vaccination.
13
(b)
Nonemergency
medical
care
including
but
not
limited
14
to
a
physical
examination,
a
diagnostic
laboratory
test,
or
a
15
medical
visit
for
a
minor
illness.
16
(c)
Use
of
necessary
medication,
including
but
not
limited
17
to
antibiotics.
18
Sec.
2.
Section
232.2,
subsection
12,
Code
2025,
is
amended
19
by
adding
the
following
new
paragraph:
20
NEW
PARAGRAPH
.
d.
If
a
court
order
entered
under
this
21
chapter
transfers
legal
custody
of
a
child
to
the
department,
22
the
department
shall
have
the
authority
to
delegate
the
23
department’s
rights
and
duties
as
custodian
of
the
child
to
a
24
licensee
under
chapter
237.
25
Sec.
3.
Section
237.10,
subsection
1,
Code
2025,
is
amended
26
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
d.
The
department
shall
notify
an
individual
28
licensee
if
the
department
delegates
the
department’s
right
29
to
consent
to
routine
medical
care
on
behalf
of
a
child
under
30
section
232.2,
paragraph
“c”
,
to
the
individual
licensee.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
the
delegation
of
custodial
rights
and
35
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374
duties
with
respect
to
a
child.
1
If
a
court
transfers
legal
custody
of
a
child
to
the
2
department
of
health
and
human
services
(HHS),
the
bill
allows
3
HHS
to
delegate
HHS’s
rights
and
duties
as
custodian
of
the
4
child
to
a
person
licensed
to
provide
child
foster
care.
5
Delegable
rights
and
duties
are
the
duty
to
protect,
train,
6
and
discipline
the
child;
the
duty
to
provide
food,
clothing,
7
housing,
and
medical
care
for
the
child;
and
the
right
to
8
consent
to
emergency
medical
care.
Delegable
rights
and
duties
9
are
subject
to
any
residual
rights
and
duties
of
the
child’s
10
parent
or
guardian.
The
bill
clarifies
that
a
parent’s
or
11
guardian’s
residual
rights
and
duties
do
not
preclude
HHS
12
from
consenting
to
routine
medical
care
for
a
child
that
will
13
allow
the
child
to
engage
in
normal
childhood
experiences
14
and
participate
in
activities
in
a
manner
similar
to
the
15
child’s
peers.
“Routine
medical
care”
includes
but
is
not
16
limited
to
preventative
care
not
including
the
administration
17
of
a
vaccination,
nonemergency
medical
care,
and
the
use
of
18
necessary
medication.
The
bill
requires
HHS
to
notify
an
19
individual
licensee
if
HHS
delegates
HHS’s
right
to
consent
to
20
routine
medical
care
on
behalf
of
a
child
to
the
individual
21
licensee.
22
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