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House
File
873
-
Introduced
HOUSE
FILE
873
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
86)
A
BILL
FOR
An
Act
relating
to
aid,
processes,
services,
and
reimbursement
1
for
services
associated
with
children
in,
adopted
from,
or
2
in
need
of
foster
care.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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873
Section
1.
Section
232.96A,
subsection
6,
Code
2025,
is
1
amended
to
read
as
follows:
2
6.
The
child
is
in
need
of
treatment
to
cure
or
alleviate
a
3
serious
chemical
dependency
or
mental
illness
or
disorder,
or
4
emotional
damage
as
evidenced
by
severe
anxiety,
depression,
5
withdrawal,
or
behavioral
health
disorder
that
compromises
the
6
child’s
safety
or
causes
untoward
aggressive
behavior
toward
7
the
child’s
self
or
others
in
the
household
or
the
child’s
8
community,
and
the
child’s
parent,
guardian,
or
custodian
is
9
unwilling
or
unable
to
provide
such
treatment
or
the
parent’s,
10
guardian’s,
or
custodian’s
efforts
to
secure
needed
treatment
11
have
been
exhausted
and
unsuccessful
.
12
Sec.
2.
Section
232.96A,
subsection
13,
Code
2025,
is
13
amended
by
striking
the
subsection.
14
Sec.
3.
Section
234.38,
Code
2025,
is
amended
to
read
as
15
follows:
16
234.38
Foster
care
reimbursement
rates.
17
The
department
shall
make
reimbursement
payments
directly
18
to
foster
parents
for
services
provided
to
children
pursuant
19
to
section
234.6,
subsection
1
,
paragraph
“e”
,
subparagraph
20
(2),
or
section
234.35
.
In
any
fiscal
year,
the
reimbursement
21
rate
shall
be
based
upon
sixty-five
percent
of
the
United
22
States
department
of
agriculture
estimate
of
the
cost
to
raise
23
a
child
in
the
calendar
year
immediately
preceding
the
fiscal
24
year.
The
department
may
pay
an
additional
stipend
for
a
child
25
with
special
needs.
The
department
shall
review
reimbursement
26
payment
rates
paid
to
foster
parents
under
this
section
no
less
27
than
once
every
three
years.
The
department
shall
adopt
rules
28
pursuant
to
chapter
17A
to
administer
this
section.
29
Sec.
4.
Section
600.8,
subsection
3,
Code
2025,
is
amended
30
to
read
as
follows:
31
3.
a.
The
department,
an
agency,
or
a
certified
adoption
32
investigator
shall
conduct
all
investigations
and
reports
33
required
under
subsection
2
.
34
b.
The
department
shall
pay
the
costs
of
the
preplacement
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873
investigation
under
subsection
2
and
the
postplacement
1
investigation
under
subsection
4,
up
to
a
maximum
of
two
2
thousand
dollars
for
the
preplacement
investigation
and
up
3
to
a
maximum
of
two
thousand
dollars
for
the
postplacement
4
investigation.
5
c.
The
department
shall
not
pay
the
costs
of
the
6
preplacement
investigation
or
the
postplacement
investigation
7
as
required
under
paragraph
“b”
until
a
prospective
adoption
8
petitioner
has
been
approved
under
subsection
1,
paragraph
“a”
,
9
subparagraph
(3),
by
the
person
making
the
investigation.
10
Sec.
5.
Section
600A.6B,
subsections
1
and
2,
Code
2025,
are
11
amended
to
read
as
follows:
12
1.
A
person
filing
a
petition
for
termination
of
parental
13
rights
under
this
chapter
shall
be
responsible
for
the
payment
14
of
reasonable
attorney
fees
for
services
provided
by
counsel
15
appointed
pursuant
to
section
600A.6A
,
in
juvenile
court
or
16
in
an
appellate
proceeding
initiated
by
the
person
filing
the
17
petition
,
unless
the
any
of
the
following
apply:
18
a.
The
person
filing
the
petition
is
a
private
child-placing
19
agency
licensed
under
chapter
238
or
the
.
20
b.
The
person
filing
the
petition
is
a
licensed
attorney.
21
c.
The
court
determines
that
the
person
filing
the
petition,
22
is
indigent.
23
2.
If
the
person
filing
the
petition
is
a
private
24
child-placing
agency
licensed
under
chapter
238
or
if
the
25
person
filing
the
petition
is
indigent
described
in
subsection
26
1,
paragraph
“a”
,
“b”
,
or
“c”
,
the
prospective
parent
on
whose
27
behalf
the
petition
is
filed
shall
be
responsible
for
the
28
payment
of
reasonable
attorney
fees
for
services
provided
in
29
juvenile
court
or
an
appellate
proceeding
for
counsel
appointed
30
pursuant
to
section
600A.6A
unless
the
court
determines
that
31
the
prospective
parent
on
whose
behalf
the
petition
is
filed
32
is
indigent.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
aid,
processes,
services,
and
2
reimbursement
for
services
associated
with
children
in,
adopted
3
from,
or
in
need
of
foster
care.
4
The
bill
allows
a
court
to
adjudicate
a
child
in
need
of
5
assistance
(CINA)
when
the
child
requires
treatment
to
cure
or
6
alleviate
a
serious
chemical
dependency
or
mental
or
behavioral
7
health
disorder
that
compromises
the
child’s
safety
or
causes
8
untoward
aggressive
behavior
toward
others
in
the
household
9
or
the
child’s
community,
and
the
child’s
parent,
guardian,
10
or
custodian
(parent)
is
unwilling
or
unable
to
provide
such
11
treatment,
or
the
parent’s
efforts
to
secure
needed
treatment
12
have
been
exhausted
and
unsuccessful.
Under
current
law,
to
13
be
adjudicated
a
CINA,
a
child
must
need
treatment
to
cure
or
14
alleviate
a
serious
mental
illness
or
disorder,
or
emotional
15
damage
as
evidenced
by
severe
anxiety,
depression,
withdrawal,
16
or
untoward
aggressive
behavior
toward
the
child’s
self
or
17
others
and
the
child’s
parent
is
unwilling
to
provide
such
18
treatment.
19
The
bill
eliminates
the
requirement
that
certain
20
reimbursements
to
foster
parents
must
be
based
on
65
percent
21
of
the
United
States
department
of
agriculture
estimate
of
22
the
cost
to
raise
a
child
in
the
calendar
year
immediately
23
preceding
the
fiscal
year,
and
eliminates
the
additional
24
stipend
for
special
needs
children.
Instead,
the
bill
requires
25
the
department
of
health
and
human
services
(HHS)
to
adopt
26
rules
relating
to
the
foster
parent
reimbursement
rates
(rates)
27
and
to
review
the
rates
no
less
than
once
every
three
years.
28
The
bill
requires
HHS
to
reimburse
an
adoption
petitioner
29
for
the
costs
of
the
preplacement
and
postplacement
30
investigations
related
to
the
adoption
up
to
a
maximum
31
amount
of
$2,000
per
investigation.
The
bill
prohibits
HHS
32
from
making
such
reimbursements
until
the
person
performing
33
the
preplacement
background
check
approves
the
adoption
34
petitioner’s
initial
required
background
checks.
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Under
current
law,
with
some
exceptions,
a
person
who
1
petitions
for
the
termination
of
parental
rights
will
be
2
responsible
for
the
reasonable
attorney
fees
of
an
attorney
3
appointed
by
the
court
to
represent
a
parent
in
the
termination
4
of
parental
rights
proceeding.
The
bill
adds
a
licensed
5
attorney
as
a
person
who
is
excepted
from
the
responsibility
6
of
paying
a
parent’s
reasonable
attorney
fees
in
a
termination
7
of
parental
rights
proceeding.
8
The
bill
makes
a
conforming
change
by
striking
Code
section
9
232.96A(13).
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