Read the full stored bill text
House
File
984
-
Introduced
HOUSE
FILE
984
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
833)
(SUCCESSOR
TO
HSB
153)
A
BILL
FOR
An
Act
relating
to
services
and
support
for
youth,
including
1
treatment,
physical
assessments,
and
behavioral
health
2
evaluations
for
youth
involved
in
juvenile
delinquency
and
3
child
in
need
of
assistance
proceedings;
the
licensing
4
and
certification
of
certain
residential
facilities;
5
the
provision
of
home
and
community-based
services
and
6
habilitation
services
to
certain
youth
by
residential
7
programs;
administration
and
supervision
of
juvenile
court
8
services;
and
the
suspension
of
Hawki
eligibility
for
9
inmates
of
public
institutions.
10
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
11
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DIVISION
I
1
SERVICES
AND
SUPPORT
FOR
CHILDREN
AND
YOUTH
2
Section
1.
Section
125.13,
subsection
2,
Code
2025,
is
3
amended
by
adding
the
following
new
paragraph:
4
NEW
PARAGRAPH
.
k.
A
psychiatric
medical
institution
for
5
children
licensed
under
chapter
135H,
unless
the
psychiatric
6
medical
institution
for
children
provides
substance
use
7
disorder
services.
8
Sec.
2.
Section
135H.1,
Code
2025,
is
amended
to
read
as
9
follows:
10
135H.1
Definitions.
11
As
used
in
this
chapter
,
unless
the
context
otherwise
12
requires:
13
1.
“Approved
qualifying
organization”
means
any
of
the
14
following:
15
a.
The
joint
commission.
16
b.
The
commission
on
accreditation
of
rehabilitation
17
facilities.
18
c.
The
council
on
accreditation.
19
d.
A
nationally
recognized
accrediting
organization
with
20
standards
comparable
to
the
entities
listed
in
paragraphs
“a”
21
through
“c”
that
are
acceptable
under
federal
regulations.
22
e.
An
entity
specified
by
rule
adopted
by
the
department
in
23
consultation
with
the
department
of
health
and
human
services.
24
1.
2.
“Department”
means
the
department
of
inspections,
25
appeals,
and
licensing.
26
2.
3.
“Direction”
means
authoritative
policy
or
procedural
27
guidance
for
the
accomplishment
of
a
function
or
an
activity.
28
3.
4.
“Licensee”
means
the
holder
of
a
license
issued
to
29
operate
a
psychiatric
medical
institution
for
children.
30
4.
5.
“Medical
care
plan”
means
a
plan
of
care
and
services
31
designed
to
eliminate
the
need
for
inpatient
care
by
improving
32
the
condition
of
a
child
youth
.
Services
must
be
based
upon
a
33
diagnostic
evaluation,
which
includes
an
examination
a
physical
34
assessment
and
behavioral
health
evaluation
of
the
medical,
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psychological,
social,
behavioral,
and
developmental
aspects
1
of
the
child’s
youth’s
situation,
reflecting
the
need
for
2
inpatient
care.
3
6.
“Mental
health
disorder”
means
any
of
the
following:
4
a.
A
mental
disorder
as
defined
by
the
most
recent
version
5
of
the
diagnostic
and
statistical
manual
of
mental
disorders
6
published
by
the
American
psychiatric
association.
7
b.
A
mental
disorder
included
in
the
mental,
behavioral,
or
8
neurodevelopmental
disorders
chapter
in
the
most
recent
version
9
of
the
international
classification
of
diseases
published
by
10
the
world
health
organization.
11
5.
7.
“Mental
health
professional”
means
an
individual
who
12
has
all
of
the
following
qualifications:
13
a.
The
individual
holds
at
least
a
master’s
degree
in
a
14
mental
health
field,
including
but
not
limited
to,
psychology,
15
counseling
and
guidance,
nursing,
and
or
social
work,
or
the
16
individual
is
a
physician.
17
b.
The
individual
holds
a
current
Iowa
license
if
practicing
18
in
a
field
covered
by
that
requires
an
Iowa
licensure
law
19
license
.
20
c.
The
individual
has
at
least
two
years
of
post-degree
21
clinical
experience,
supervised
by
another
mental
health
22
professional,
in
assessing
mental
health
needs
and
problems
and
23
in
providing
appropriate
mental
health
services.
24
6.
8.
“Nursing
care”
means
services
which
are
provided
25
under
the
direction
of
a
physician
or
registered
nurse.
26
7.
9.
“Physician”
means
a
person
licensed
under
chapter
27
148
.
28
10.
“Protective
locked
environment”
means
a
setting
that
29
prevents
egress
from
a
building
or
grounds
as
a
protective
30
measure
to
ensure
safety
and
security.
31
8.
11.
“Psychiatric
medical
institution
for
children”
or
32
“psychiatric
institution”
means
an
institution
providing
more
33
than
twenty-four
hours
of
continuous
care
involving
long-term
34
psychiatric
services
to
three
or
more
children
youth
in
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residence
for
expected
periods
of
fourteen
or
more
days
for
an
1
assessment,
evaluation,
and
diagnosis
and
evaluation
or
for
2
expected
periods
of
ninety
days
or
more
for
treatment.
3
9.
12.
“Psychiatric
services”
means
services
provided
under
4
the
direction
of
a
physician
which
address
mental,
emotional,
5
medical,
or
behavioral
problems.
6
13.
“Record
check
evaluation
system”
means
the
same
as
7
defined
in
section
135C.1.
8
10.
14.
“Rehabilitative
services”
means
services
to
9
encourage
and
assist
restoration
of
a
resident’s
optimum
mental
10
and
physical
capabilities.
11
11.
15.
“Resident”
means
a
person
who
is
less
than
12
twenty-one
years
of
age
and
youth
who
has
been
admitted
by
a
13
physician
to
a
psychiatric
medical
institution
for
children.
14
16.
“Serious
emotional
disturbance”
means
a
diagnosable
15
mental,
behavioral,
or
emotional
disorder
that
meets
the
16
diagnostic
criteria
specified
in
the
most
current
diagnostic
17
and
statistical
manual
of
mental
disorders
published
by
18
the
American
psychiatric
association.
“Serious
emotional
19
disturbance”
does
not
include
a
substance
use
disorder
or
20
developmental
disorder
unless
such
disorder
co-occurs
with
a
21
diagnosable
mental,
behavioral,
or
emotional
disorder.
22
17.
“Substance
use
disorder”
means
the
same
as
defined
in
23
section
125.2.
24
12.
18.
“Supervision”
means
direct
oversight
and
inspection
25
of
the
an
act
of
accomplishing
that
accomplishes
a
function
or
26
activity.
27
19.
“Youth”
means
a
person
who
is
less
than
twenty-one
years
28
of
age.
29
Sec.
3.
Section
135H.3,
Code
2025,
is
amended
to
read
as
30
follows:
31
135H.3
Nature
of
care.
32
1.
a.
A
psychiatric
medical
institution
for
children
33
shall
provide
shelter,
food,
supervision,
care,
assessment,
34
evaluation,
diagnosis,
treatment,
counseling,
rehabilitative
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services,
and
related
professional-directed
services
to
1
youth
who
have
a
serious
emotional
disturbance,
a
substance
2
use
disorder,
or
both,
with
the
intention
of
reducing
or
3
ameliorating
the
disorder,
the
symptoms
of
the
disorder,
or
the
4
effects
of
the
disorder.
5
b.
A
psychiatric
medical
institution
for
children
shall
6
utilize
a
team
of
professionals
to
direct
an
organized
program
7
of
diagnostic
services,
psychiatric
services,
nursing
care,
8
and
rehabilitative
services
to
meet
the
needs
of
residents
9
in
accordance
with
a
medical
care
plan
developed
for
each
10
resident.
The
membership
of
the
team
of
professionals
11
may
include
but
is
not
limited
to
an
advanced
registered
12
nurse
practitioner
or
a
physician
assistant.
Social
and
13
rehabilitative
services
shall
be
provided
under
the
direction
14
of
a
qualified
mental
health
professional.
15
2.
If
a
child
youth
is
diagnosed
with
a
biologically
16
based
mental
illness
as
defined
in
section
514C.22
and
meets
17
the
medical
assistance
program
criteria
for
admission
to
a
18
psychiatric
medical
institution
for
children,
the
child
youth
19
shall
be
deemed
to
meet
the
acuity
criteria
for
medically
20
necessary
inpatient
benefits
under
a
group
policy,
contract,
or
21
plan
providing
for
third-party
payment
or
prepayment
of
health,
22
medical,
and
surgical
coverage
benefits
issued
by
a
carrier,
as
23
defined
in
section
513B.2
,
that
is
subject
to
section
514C.22
.
24
Such
medically
necessary
benefits
shall
not
be
excluded
or
25
denied
as
care
that
is
substantially
custodial
in
nature
under
26
section
514C.22,
subsection
8
,
paragraph
“b”
.
27
Sec.
4.
Section
135H.4,
Code
2025,
is
amended
to
read
as
28
follows:
29
135H.4
Licensure.
30
1.
A
person
shall
not
establish,
operate,
or
maintain
a
31
psychiatric
medical
institution
for
children
unless
the
person
32
obtains
a
license
for
the
institution
under
this
chapter
and
33
either
holds
a
license
under
section
237.3,
subsection
2
,
34
paragraph
“a”
,
as
a
comprehensive
residential
facility
for
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children
or
holds
a
license
under
section
125.13
,
if
the
1
facility
provides
substance
use
disorder
treatment
under
2
chapter
237,
and
holds
a
license
under
this
chapter
.
3
2.
In
addition
to
the
requirements
under
subsection
1,
4
a
person
shall
not
provide
substance
use
disorder
services
5
at
a
psychiatric
medical
institution
for
children
unless
the
6
person
holds
a
license
under
section
125.13.
The
department
7
of
health
and
human
services
shall
adopt
rules
pursuant
to
8
chapter
17A
to
create
an
expedited
process
for
a
person
to
9
simultaneously
obtain
a
license
under
section
125.13,
a
license
10
as
a
comprehensive
residential
facility
for
children
under
11
chapter
237,
and
a
license
under
this
chapter.
12
Sec.
5.
Section
135H.5,
Code
2025,
is
amended
to
read
as
13
follows:
14
135H.5
Application
for
license
——
initial
application
and
15
annual
fees
.
16
1.
An
application
for
a
license
under
this
chapter
shall
17
be
submitted
on
a
form
requesting
information
required
by
18
the
department
,
which
.
The
application
may
include
require
19
affirmative
evidence
of
the
applicant’s
ability
to
comply
with
20
the
rules
for
standards
adopted
pursuant
to
this
chapter
.
The
21
application
shall
require
the
applicant
to
specify
whether
the
22
applicant
intends
to
provide
services
for
serious
emotional
23
disturbances,
substance
use
disorders,
or
both.
24
2.
An
application
for
a
license
shall
be
accompanied
by
the
25
required
license
fee
which
shall
be
credited
to
the
general
26
fund
of
the
state.
The
initial
application
fee
and
the
annual
27
license
fee
is
twenty-five
dollars.
28
Sec.
6.
Section
135H.6,
subsections
1,
4,
and
5,
Code
2025,
29
are
amended
to
read
as
follows:
30
1.
The
department
shall
issue
a
license
to
an
applicant
31
under
this
chapter
if
all
the
following
conditions
exist:
32
a.
The
department
has
ascertained
that
the
applicant’s
33
medical
facilities
and
staff
are
adequate
to
provide
the
care
34
and
services
required
of
a
psychiatric
medical
institution
for
35
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children
.
1
b.
The
proposed
psychiatric
institution
is
accredited
2
by
the
joint
commission
on
the
accreditation
of
health
3
care
organizations,
the
commission
on
accreditation
of
4
rehabilitation
facilities,
the
council
on
accreditation
of
5
services
for
families
and
children,
or
by
any
other
recognized
6
accrediting
organization
with
comparable
standards
acceptable
7
under
federal
regulation
an
approved
qualifying
organization
.
8
c.
The
applicant
complies
with
applicable
state
rules
9
and
standards
for
a
psychiatric
institution
adopted
by
the
10
department
in
accordance
with
federal
requirements
under
42
11
C.F.R.
§441.150
–
441.156.
12
d.
The
department
of
health
and
human
services
has
submitted
13
written
approval
of
the
application
based
on
the
department
14
of
health
and
human
services’
determination
of
need.
The
15
department
of
health
and
human
services
shall
identify
the
16
location
and
number
of
children
youth
in
the
state
who
require
17
the
services
of
a
psychiatric
medical
institution
for
children.
18
Approval
of
an
application
shall
be
based
upon
the
location
19
of
the
proposed
psychiatric
institution
relative
to
the
need
20
for
services
identified
by
the
department
of
health
and
human
21
services
and
an
analysis
of
the
applicant’s
ability
to
provide
22
services
and
support
consistent
with
requirements
under
chapter
23
232
,
particularly
regarding
specifically
community-based
24
treatment.
If
the
proposed
psychiatric
institution
is
not
25
freestanding
from
a
facility
licensed
under
chapter
135B
or
26
135C
,
approval
under
this
paragraph
shall
not
be
given
unless
27
the
department
of
health
and
human
services
certifies
that
28
the
proposed
psychiatric
institution
is
capable
of
providing
29
a
resident
with
a
living
environment
similar
to
the
living
30
environment
provided
by
a
licensee
which
is
freestanding
from
a
31
facility
licensed
under
chapter
135B
or
135C
.
32
e.
The
proposed
psychiatric
institution
is
under
the
33
direction
of
an
agency
which
has
operated
a
facility
licensed
34
under
section
237.3,
subsection
2
,
paragraph
“a”
,
as
a
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comprehensive
residential
facility
for
children
for
three
years
1
or
of
an
agency
which
has
operated
a
facility
for
three
years
2
providing
psychiatric
services
exclusively
to
children
or
3
adolescents
and
the
facility
meets
or
exceeds
requirements
for
4
licensure
under
section
237.3,
subsection
2
,
paragraph
“a”
,
as
a
5
comprehensive
residential
facility
for
children.
6
f.
e.
If
a
child
youth
has
an
a
serious
emotional
,
7
behavioral,
or
mental
health
disorder
disturbance
,
the
8
psychiatric
institution
does
not
require
court
any
of
the
9
following
as
a
condition
for
the
youth
to
obtain
treatment:
10
(1)
Court
proceedings
to
be
initiated
or
that
a
child’s
.
11
(2)
For
the
youth’s
parent,
guardian,
or
custodian
must
12
to
terminate
parental
rights
over
,
or
transfer
legal
custody
13
of
,
the
child
for
the
purposes
of
obtaining
treatment
from
the
14
psychiatric
institution
for
the
child
youth
.
15
(3)
Relinquishment
of
a
child’s
the
youth’s
custody
shall
16
not
be
a
condition
of
the
child
receiving
services
.
17
4.
The
department
of
health
and
human
services
may
give
18
approval
to
approve
a
conversion
of
beds
approved
under
19
subsection
2
,
to
if
the
beds
which
are
specialized
to
provide
20
substance
use
disorder
treatment.
However,
the
total
number
of
21
beds
approved
under
subsection
2
and
this
subsection
shall
not
22
exceed
four
hundred
thirty
,
unless
approved
for
good
cause
by
23
the
director
pursuant
to
subsection
2
.
Beds
The
limitations
24
on
the
number
of
beds
under
this
section
shall
not
apply
to
25
beds
for
children
youth
who
do
not
reside
in
this
state
and
26
whose
service
costs
are
not
paid
by
public
funds
in
this
state
27
are
not
subject
to
the
limitations
on
the
number
of
beds
28
requirements
otherwise
applicable
under
this
section
.
29
5.
A
psychiatric
institution
licensed
prior
to
July
1,
1999,
30
may
exceed
the
number
of
beds
authorized
under
subsection
2
31
if
the
excess
beds
are
used
to
provide
services
funded
from
32
a
source
other
than
the
medical
assistance
program
under
33
chapter
249A
.
Notwithstanding
subsection
1
,
paragraph
“d”
,
and
34
subsection
2
,
the
provision
of
services
using
those
excess
beds
35
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does
not
require
a
review
by
the
department
of
health
and
human
1
services.
2
Sec.
7.
Section
135H.7,
subsection
2,
paragraph
a,
Code
3
2025,
is
amended
to
read
as
follows:
4
a.
If
a
person
who
has
been
convicted
of
a
crime
or
has
a
5
record
of
founded
child
abuse
is
being
considered
for
licensure
6
under
this
chapter
,
or
for
employment
with
a
psychiatric
7
institution
involving
direct
responsibility
for
a
child
youth
8
or
with
access
to
a
child
youth
when
the
child
youth
is
alone,
9
by
a
licensed
psychiatric
institution,
or
if
a
person
will
10
reside
residence
in
a
facility
utilized
by
a
licensee,
and
if
11
the
person
has
been
convicted
of
a
crime
or
has
a
record
of
12
founded
child
abuse,
the
record
check
evaluation
system
and
13
the
licensee
for
an
employee
of
the
licensee
considering
the
14
person
for
employment
shall
perform
an
evaluation
to
determine
15
whether
the
crime
or
founded
child
abuse
warrants
prohibition
16
of
licensure,
employment,
or
residence
in
the
facility
utilized
17
by
a
licensee
.
The
record
check
evaluation
system
of
the
18
department
of
health
and
human
services
shall
conduct
criminal
19
and
child
abuse
record
checks
in
this
state
and
may
conduct
20
these
checks
in
other
states.
The
record
check
evaluation
21
shall
be
performed
in
accordance
with
procedures
adopted
for
22
this
purpose
by
the
department
of
health
and
human
services.
23
Sec.
8.
NEW
SECTION
.
135H.7A
Protective
locked
environment
24
——
rules.
25
The
department,
in
cooperation
with
the
department
of
health
26
and
human
services,
shall
adopt
rules
pursuant
to
chapter
17A
27
relating
to
the
application
of
a
protective
locked
environment
28
in
a
psychiatric
medical
institution
for
children.
29
Sec.
9.
Section
135H.10,
subsection
2,
Code
2025,
is
amended
30
to
read
as
follows:
31
2.
This
chapter
shall
not
be
construed
as
prohibiting
32
the
use
of
to
prohibit
funds
appropriated
for
foster
care
to
33
from
being
used
to
provide
payment
to
a
psychiatric
medical
34
institution
for
children
for
the
financial
participation
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required
of
a
child
youth
whose
foster
care
placement
is
in
a
1
psychiatric
medical
institution
for
children.
In
accordance
2
with
established
policies
and
procedures
for
foster
care,
the
3
department
of
health
and
human
services
shall
act
to
recover
4
any
such
payment
for
financial
participation,
apply
to
be
named
5
payee
for
the
child’s
youth’s
unearned
income,
and
recommend
6
parental
liability
for
the
costs
of
a
court-ordered
foster
care
7
placement
in
a
psychiatric
medical
institution.
8
Sec.
10.
Section
135H.13,
subsection
1,
Code
2025,
is
9
amended
to
read
as
follows:
10
1.
The
department’s
final
findings
and
the
survey
findings
11
of
the
joint
commission
on
the
accreditation
of
health
care
12
organizations
an
approved
qualifying
organization
regarding
13
licensure
or
program
accreditation
shall
be
made
available
14
to
the
public
in
a
readily
available
form
and
place.
Other
15
information
relating
to
the
psychiatric
institution
is
16
confidential
and
shall
not
be
made
available
to
the
public
17
except
in
proceedings
a
proceeding
involving
licensure,
a
18
civil
suit
involving
a
resident,
or
an
administrative
action
19
involving
a
resident.
20
Sec.
11.
Section
232.2,
Code
2025,
is
amended
by
adding
the
21
following
new
subsections:
22
NEW
SUBSECTION
.
3A.
“Behavioral
health
condition”
means
23
a
serious
emotional
disturbance,
a
mental
health
disorder,
24
a
substance
abuse
disorder,
life
stressors
and
crises,
and
25
stress-related
physical
symptoms.
26
NEW
SUBSECTION
.
3B.
“Behavioral
health
evaluation”
means
a
27
process
used
to
assess
an
individual’s
behavioral
health
status
28
and
functioning
for
purposes
including
but
not
limited
to
the
29
diagnosis
of
a
behavioral
health
condition
or
to
determine
the
30
need
for
treatment
or
intervention.
31
NEW
SUBSECTION
.
38A.
“Mental
health
disorder”
means
the
32
same
as
defined
in
section
135H.1.
33
NEW
SUBSECTION
.
48A.
“Physical
assessment”
means
34
direct
physical
touching,
viewing,
and
medically
necessary
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manipulation
of
any
area
of
a
child’s
body
by
a
physician
1
licensed
under
chapter
148.
2
NEW
SUBSECTION
.
58A.
“Serious
emotional
disturbance”
means
3
the
same
as
defined
in
section
135H.1.
4
NEW
SUBSECTION
.
64A.
“Substance
use
disorder”
means
the
5
same
as
defined
in
section
125.2.
6
Sec.
12.
Section
232.2,
subsection
34,
Code
2025,
is
amended
7
to
read
as
follows:
8
34.
“Juvenile
court
social
records”
or
“social
records”
means
9
all
records
,
other
than
official
records,
made
with
respect
to
10
a
child
in
connection
with
proceedings
over
which
the
court
has
11
jurisdiction
under
this
chapter
other
than
official
records
and
12
includes
but
is
not
limited
to
the
records
made
and
compiled
13
by
intake
officers,
predisposition
reports,
and
reports
of
14
physical
assessments
and
mental
examinations
behavioral
health
15
evaluations
.
16
Sec.
13.
Section
232.8,
subsection
4,
Code
2025,
is
amended
17
to
read
as
follows:
18
4.
In
a
proceeding
concerning
a
child
who
is
alleged
to
19
have
committed
a
second
delinquent
act
or
a
second
violation
20
excluded
from
the
jurisdiction
of
the
juvenile
court,
the
court
21
or
the
juvenile
court
shall
determine
whether
there
is
reason
22
to
believe
that
the
child
regularly
abuses
alcohol
or
other
23
controlled
substance
has
a
behavioral
health
condition
and
may
24
be
in
need
of
treatment.
If
the
court
so
determines,
the
court
25
shall
advise
appropriate
juvenile
authorities
and
refer
such
26
offenders
to
the
juvenile
court
for
disposition
pursuant
to
27
section
232.52A
.
28
Sec.
14.
Section
232.49,
Code
2025,
is
amended
to
read
as
29
follows:
30
232.49
Physical
assessments
and
mental
examinations
31
behavioral
health
evaluations
——
juvenile
delinquency
.
32
1.
a.
Following
Any
time
after
the
entry
of
an
order
33
of
adjudication
under
section
232.47
,
the
court
may,
after
34
a
hearing
which
may
be
simultaneous
with
the
adjudicatory
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hearing
,
order
a
physical
assessment
or
mental
examination
1
behavioral
health
evaluation
of
a
child
if
it
the
court
finds
2
that
an
examination
a
physical
assessment
or
a
behavioral
3
health
evaluation
is
necessary
to
determine
the
child’s
4
physical
condition
or
mental
to
determine
if
the
child
has
a
5
behavioral
health
condition.
6
b.
The
court
may
consider
chemical
dependency
as
either
7
a
physical
condition
or
mental
behavioral
health
condition
8
and
may
consider
a
chemical
dependency
evaluation
as
either
a
9
physical
assessment
or
mental
examination
behavioral
health
10
evaluation
.
If
the
examination
11
c.
A
hearing
to
order
a
physical
assessment
or
behavioral
12
health
evaluation
may
be
held
at
the
same
time
as
the
13
adjudicatory
hearing.
14
2.
Unless
otherwise
ordered
by
the
court,
if
a
physical
15
assessment
or
behavioral
health
evaluation
indicates
the
child
16
has
behaved
in
a
manner
that
threatened
the
safety
of
another
17
person,
has
committed
a
violent
act
causing
bodily
injury
to
18
another
person,
or
has
been
a
victim
or
perpetrator
of
sexual
19
abuse,
unless
otherwise
ordered
by
the
court,
the
child’s
20
parent,
guardian,
or
foster
parent
,
or
other
person
with
21
custody
of
the
child
shall
be
provided
with
that
information.
22
2.
3.
a.
When
possible
an
examination
,
a
physical
23
assessment
or
behavioral
health
evaluation
shall
be
conducted
24
on
an
outpatient
basis
,
but
.
However,
if
deemed
necessary
by
25
the
court,
the
court
may
,
if
it
deems
necessary
commit
order
26
the
child
to
a
suitable
hospital,
facility
,
or
institution
for
27
the
purpose
of
examination
an
inpatient
physical
assessment
or
28
an
inpatient
behavioral
health
evaluation
.
29
b.
Commitment
for
examination
An
inpatient
physical
30
assessment
or
an
inpatient
behavioral
health
evaluation
shall
31
not
exceed
thirty
days
and
the
civil
commitment
provisions
of
32
chapter
229
shall
not
apply
.
33
3.
4.
a.
At
any
Any
time
after
the
filing
of
a
delinquency
34
petition
,
the
court
may
order
a
physical
assessment
or
mental
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examination
behavioral
health
evaluation
of
the
child
if
all
of
1
the
following
circumstances
apply:
2
(1)
The
court
finds
such
examination
a
physical
assessment
3
or
a
behavioral
health
evaluation
to
be
in
the
best
interest
4
of
the
child
;
and
.
5
(2)
The
parent,
guardian,
or
custodian
and
the
child’s
6
counsel
agree
to
the
physical
assessment
or
behavioral
health
7
evaluation
.
8
b.
(1)
An
examination
A
physical
assessment
or
behavioral
9
health
evaluation
shall
be
conducted
on
an
outpatient
basis
10
unless
the
court,
the
child’s
counsel,
and
the
child’s
11
parent,
guardian,
or
custodian
agree
that
it
is
necessary
the
12
child
should
be
committed
ordered
to
a
suitable
hospital,
13
facility,
or
institution
for
the
purpose
of
examination
an
14
inpatient
physical
assessment
or
an
inpatient
behavioral
health
15
evaluation
.
Commitment
for
examination
16
(2)
An
inpatient
physical
assessment
or
inpatient
17
behavioral
health
evaluation
shall
not
exceed
thirty
days
and
18
the
civil
commitment
provisions
of
chapter
229
shall
not
apply
.
19
Sec.
15.
Section
232.52A,
subsection
1,
Code
2025,
is
20
amended
to
read
as
follows:
21
1.
In
addition
to
any
other
order
of
the
juvenile
court,
22
a
person
under
age
eighteen,
child
who
may
be
in
need
of
23
treatment
,
as
determined
under
section
232.8
,
may
be
ordered
24
to
participate
in
an
alcohol
or
controlled
substance
education
25
or
a
physical
assessment
or
behavioral
health
evaluation
26
program
approved
by
the
juvenile
court.
If
recommended
after
27
evaluation,
the
The
court
may
also
order
the
person
child
to
28
participate
in
a
treatment
program
approved
by
the
court
if
the
29
treatment
program
is
recommended
after
the
child’s
physical
30
assessment
or
behavioral
health
evaluation
.
The
juvenile
court
31
may
also
require
the
custodial
parent
or
parents
,
or
other
32
legal
guardian
,
to
participate
in
an
educational
program
with
33
the
person
under
age
eighteen
child
if
the
court
determines
34
that
such
participation
is
in
the
best
interests
of
the
person
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under
age
eighteen
child
.
1
Sec.
16.
Section
232.68,
subsection
3,
unnumbered
paragraph
2
1,
Code
2025,
is
amended
to
read
as
follows:
3
“Confidential
access
to
a
child”
means
access
to
a
child,
4
during
an
assessment
of
an
alleged
act
of
child
abuse,
who
is
5
alleged
to
be
the
victim
of
the
child
abuse
,
during
a
child
6
abuse
assessment
.
The
access
may
be
accomplished
by
interview,
7
observation,
or
examination
physical
assessment
of
the
child.
8
As
used
in
this
subsection
and
this
part:
9
Sec.
17.
Section
232.68,
subsection
3,
paragraph
c,
Code
10
2025,
is
amended
by
striking
the
paragraph.
11
Sec.
18.
Section
232.69,
subsection
3,
paragraph
b,
Code
12
2025,
is
amended
to
read
as
follows:
13
b.
A
person
required
to
make
a
report
under
subsection
1,
14
other
than
a
physician
whose
professional
practice
does
not
15
regularly
involve
providing
primary
health
care
to
children,
16
shall
complete
the
core
training
curriculum
relating
to
17
the
identification
and
reporting
of
child
abuse
within
six
18
months
of
initial
employment
or
self-employment
involving
19
the
examination
physical
assessments
or
behavioral
health
20
evaluations
,
or
attending,
counseling,
or
treatment
of
treating
21
children
on
a
regular
basis.
Within
one
month
of
initial
22
employment
or
self-employment,
the
person
shall
obtain
a
23
statement
of
the
abuse
reporting
requirements
from
the
person’s
24
employer
or,
if
self-employed,
from
the
department.
The
person
25
shall
complete
the
core
training
curriculum
relating
to
the
26
identification
and
reporting
of
child
abuse
every
three
years.
27
Sec.
19.
Section
232.71B,
subsection
10,
Code
2025,
is
28
amended
to
read
as
follows:
29
10.
Physical
examination
assessment
.
If
the
department
30
refers
a
child
to
a
physician
or
physician
assistant
for
a
31
physical
examination
assessment
,
the
department
shall
contact
32
the
physician
or
physician
assistant
regarding
the
examination
33
physical
assessment
within
twenty-four
hours
of
making
the
34
referral.
If
the
physician
or
physician
assistant
who
performs
35
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the
examination
upon
referral
by
the
department
physical
1
assessment
reasonably
believes
the
child
has
been
abused,
the
2
physician
or
physician
assistant
shall
report
to
the
department
3
within
twenty-four
hours
of
performing
the
examination
physical
4
assessment
.
5
Sec.
20.
Section
232.77,
subsection
1,
Code
2025,
is
amended
6
to
read
as
follows:
7
1.
a.
A
person
who
is
required
to
report
suspected
8
child
abuse
may
take
or
perform,
or
may
cause
to
be
taken
or
9
performed
,
at
public
expense,
photographs,
X
rays,
or
other
10
physical
examinations
assessments,
or
other
tests
of
a
child
11
which
would
provide
medical
indication
of
allegations
arising
12
from
an
assessment.
13
b.
A
health
practitioner
may,
if
medically
indicated,
14
cause
to
be
performed
a
radiological
examination,
physical
15
examination
assessment
,
or
other
medical
tests
test
of
the
16
child.
17
c.
A
person
who
takes
any
photographs
or
X
rays
or
18
performs
any
physical
examinations
assessments
or
other
tests
19
pursuant
to
this
section
shall
notify
the
department
that
the
20
photographs
or
X
rays
have
been
taken
or
the
examinations
21
physical
assessments
or
other
tests
have
been
performed
.
The
22
person
who
made
notification
,
and
shall
retain
the
photographs
,
23
or
X
rays
,
or
examination
physical
assessment
or
other
test
24
findings
for
a
reasonable
time
following
the
notification.
25
d.
Whenever
the
person
is
required
to
report
under
section
26
232.69
,
in
that
person’s
capacity
as
a
member
of
the
staff
of
27
a
medical
or
other
private
or
public
institution,
agency
or
28
facility,
that
person
shall
immediately
notify
the
person
in
29
charge
of
the
institution,
agency,
or
facility
or
that
person’s
30
designated
delegate
of
the
need
for
photographs
,
or
X
rays
or
31
examinations
,
physical
assessments,
or
other
tests.
32
Sec.
21.
Section
232.78,
subsection
1,
paragraph
a,
Code
33
2025,
is
amended
to
read
as
follows:
34
a.
Any
of
the
following
circumstances
exist:
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(1)
The
person
responsible
for
the
care
of
the
child
1
consents
to
the
removal.
2
(2)
The
person
responsible
for
the
care
of
the
child
is
3
absent
,
or
.
4
(3)
The
person
responsible
for
the
care
of
the
child,
though
5
present,
was
asked
and
refused
to
consent
to
the
removal
of
the
6
child
and
was
informed
of
an
intent
to
apply
for
an
order
under
7
this
section
,
or
there
.
8
(4)
There
is
reasonable
cause
to
believe
that
a
request
for
9
consent
would
further
endanger
the
child
,
or
there
.
10
(5)
There
is
reasonable
cause
to
believe
that
a
request
for
11
consent
will
cause
the
parent,
guardian,
or
legal
custodian
12
person
responsible
for
the
care
of
the
child
to
take
flight
13
with
the
child.
14
Sec.
22.
Section
232.78,
subsection
1,
paragraph
c,
15
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
16
(1)
The
refusal
or
failure
of
the
person
responsible
for
17
the
care
of
the
child
to
comply
with
the
request
of
a
peace
18
officer,
juvenile
court
officer,
or
child
protection
worker
19
for
such
the
person
to
obtain
and
provide
to
the
requester
20
the
results
of
a
physical
assessment
or
mental
examination
21
behavioral
health
evaluation
of
the
child.
The
request
for
a
22
physical
examination
assessment
of
the
child
may
specify
the
23
performance
of
a
medically
relevant
test.
24
Sec.
23.
Section
232.78,
subsection
5,
Code
2025,
is
amended
25
to
read
as
follows:
26
5.
The
juvenile
court,
before
or
after
the
filing
of
a
27
petition
under
this
chapter
,
may
enter
an
ex
parte
order
28
authorizing
a
physician
or
physician
assistant
or
hospital
to
29
conduct
an
inpatient
or
outpatient
physical
examination
or
30
authorizing
a
physician
or
physician
assistant,
a
psychologist
31
certified
under
section
154B.7
,
or
a
community
mental
health
32
center
accredited
pursuant
to
chapter
230A
to
conduct
an
33
outpatient
mental
examination
assessment
or
an
inpatient
or
34
outpatient
behavioral
health
evaluation
of
a
child
if
necessary
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to
identify
the
nature,
extent,
and
cause
of
injuries
to
the
1
child
as
required
by
section
232.71B
,
provided
all
of
the
2
following
apply:
3
a.
Any
of
the
following
circumstances
exist:
4
(1)
The
child’s
parent,
guardian,
or
custodian
consents
to
5
the
physical
assessment
or
the
behavioral
health
evaluation.
6
(2)
The
child’s
parent,
guardian,
or
legal
custodian
is
7
absent
,
or
.
8
(3)
The
child’s
parent,
guardian,
or
custodian,
though
9
present,
was
asked
and
refused
to
provide
written
consent
to
10
the
examination
physical
assessment
or
the
behavioral
health
11
evaluation
.
12
b.
The
juvenile
court
has
entered
an
ex
parte
order
13
directing
the
removal
of
the
child
from
the
child’s
home
or
a
14
child
care
facility
under
this
section.
15
c.
There
is
not
enough
time
to
file
a
petition
and
to
hold
16
a
hearing
as
provided
in
section
232.98.
17
Sec.
24.
Section
232.79,
subsection
5,
Code
2025,
is
amended
18
to
read
as
follows:
19
5.
When
there
has
been
an
emergency
removal
or
keeping
of
a
20
child
without
a
court
order,
a
physical
examination
assessment
21
of
the
child
by
a
licensed
medical
practitioner
shall
be
22
performed
within
twenty-four
hours
of
such
the
emergency
23
removal
or
keeping
of
a
child
,
unless
the
child
is
returned
24
to
the
child’s
home
within
twenty-four
hours
of
the
emergency
25
removal
or
keeping
of
a
child
.
26
Sec.
25.
Section
232.83,
subsection
2,
Code
2025,
is
amended
27
to
read
as
follows:
28
2.
Anyone
authorized
to
conduct
a
preliminary
investigation
29
in
response
to
a
complaint
may
apply
for,
or
the
court
on
its
30
own
motion
may
enter,
an
ex
parte
order
authorizing
a
physician
31
or
physician
assistant
or
hospital
to
conduct
an
inpatient
or
32
outpatient
physical
examination
or
authorizing
a
physician
or
33
physician
assistant,
a
psychologist
certified
under
section
34
154B.7
,
or
a
community
mental
health
center
accredited
pursuant
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to
chapter
230A
to
conduct
an
outpatient
mental
examination
1
of
a
child
if
necessary
to
identify
the
nature,
extent,
and
2
causes
of
any
injuries,
emotional
damage,
or
other
such
needs
3
of
a
child
as
specified
in
section
232.96A,
subsection
3,
5,
or
4
6
,
assessment
or
an
inpatient
or
outpatient
behavioral
health
5
evaluation
provided
that
all
of
the
following
apply:
6
a.
Any
of
the
following
circumstances
exist:
7
(1)
The
parent,
guardian,
or
custodian
consents
to
the
8
physical
assessment
or
the
behavioral
health
evaluation.
9
(2)
The
parent,
guardian,
or
legal
custodian
is
absent
,
or
.
10
(3)
The
parent,
guardian,
or
custodian,
though
present,
11
was
asked
and
refused
to
authorize
the
examination
physical
12
assessment
or
the
behavioral
health
evaluation
.
13
b.
There
is
not
enough
time
to
file
a
petition
and
hold
a
14
hearing
under
this
chapter.
15
c.
The
parent,
guardian,
or
legal
custodian
has
not
provided
16
care
and
treatment
related
to
their
the
child’s
alleged
17
victimization.
18
Sec.
26.
Section
232.98,
Code
2025,
is
amended
to
read
as
19
follows:
20
232.98
Physical
and
mental
examinations
assessments
and
21
behavioral
health
evaluations
——
child
in
need
of
assistance
.
22
1.
a.
Except
as
provided
in
section
232.78,
subsection
5
,
23
a
physical
assessment
or
mental
examination
behavioral
health
24
evaluation
of
the
a
child
may
be
ordered
only
after
the
filing
25
of
a
petition
pursuant
to
section
232.87
,
and
after
a
hearing
26
to
determine
whether
an
examination
a
physical
assessment
27
or
behavioral
health
evaluation
is
necessary
to
determine
28
the
child’s
physical
condition
or
mental
if
the
child
has
a
29
behavioral
health
condition.
30
b.
The
court
may
consider
chemical
dependency
as
either
31
a
physical
or
mental
behavioral
health
condition
and
may
32
consider
a
chemical
dependency
evaluation
as
either
a
physical
33
assessment
or
mental
examination
behavioral
health
evaluation
.
34
a.
c.
The
hearing
required
by
this
section
may
be
held
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simultaneously
with
the
adjudicatory
hearing.
1
b.
d.
An
examination
A
physical
assessment
or
a
behavioral
2
health
evaluation
ordered
prior
to
the
adjudication
shall
3
be
conducted
on
an
outpatient
basis
when
possible
,
but
.
4
However,
if
deemed
necessary
by
the
court,
the
court
may
5
commit
order
the
child
to
a
suitable
nonsecure
hospital,
6
facility,
or
institution
for
the
purpose
of
examination
an
7
inpatient
physical
assessment
or
an
inpatient
behavioral
health
8
evaluation
for
a
period
not
to
exceed
fifteen
thirty
days
if
9
all
of
the
following
are
found
to
be
present
circumstances
10
exist
:
11
(1)
Probable
cause
exists
to
believe
that
the
child
is
12
a
child
in
need
of
assistance
pursuant
to
section
232.96A,
13
subsection
5
or
6
.
14
(2)
Commitment
An
inpatient
physical
assessment
or
15
inpatient
behavioral
health
evaluation
is
necessary
to
16
determine
whether
there
is
clear
and
convincing
evidence
that
17
the
child
is
a
child
in
need
of
assistance.
18
(3)
The
child’s
attorney
agrees
to
the
commitment
an
19
inpatient
physical
assessment
or
inpatient
behavioral
health
20
evaluation
.
21
c.
e.
An
examination
A
physical
assessment
or
a
behavioral
22
health
evaluation
ordered
after
the
adjudication
shall
23
be
conducted
on
an
outpatient
basis
when
possible
,
but
.
24
However,
if
deemed
necessary
by
the
court,
the
court
may
25
commit
order
the
child
to
a
suitable
nonsecure
hospital,
26
facility,
or
institution
for
the
purpose
of
examination
an
27
inpatient
physical
assessment
or
an
inpatient
behavioral
health
28
evaluation
for
a
period
not
to
exceed
thirty
days.
29
d.
f.
The
child’s
parent,
guardian,
or
custodian
shall
30
be
included
in
counseling
sessions
offered
during
the
child’s
31
stay
in
a
hospital,
facility,
or
institution
when
feasible,
and
32
when
in
the
best
interests
of
the
child
and
the
child’s
parent,
33
guardian,
or
custodian.
If
separate
counseling
sessions
are
34
conducted
for
the
child
and
the
child’s
parent,
guardian,
or
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custodian,
a
joint
counseling
session
shall
be
offered
prior
1
to
the
release
of
the
child
from
the
hospital,
facility,
or
2
institution.
The
court
shall
require
that
notice
be
provided
3
to
the
child’s
guardian
ad
litem
of
the
counseling
sessions
,
4
and
of
the
counseling
session
participants
,
and
results
the
5
outcomes
of
the
counseling
sessions.
6
2.
Following
an
adjudication
that
a
child
is
a
child
in
7
need
of
assistance,
the
court
may
,
after
a
hearing
,
order
the
8
a
physical
assessment
or
mental
examination
behavioral
health
9
evaluation
of
the
child’s
parent,
guardian,
or
custodian
if
10
that
person’s
ability
to
care
for
the
child
is
at
issue.
11
Sec.
27.
Section
232.141,
subsection
1,
Code
2025,
is
12
amended
to
read
as
follows:
13
1.
Except
as
otherwise
provided
by
law,
the
court
shall
14
inquire
into
the
ability
of
the
child
or
the
child’s
parent
15
to
pay
expenses
incurred
pursuant
to
subsections
2,
4,
and
16
8
.
After
giving
the
parent
a
reasonable
opportunity
to
be
17
heard,
the
court
may
order
the
parent
to
pay
all
or
part
of
the
18
costs
of
the
child’s
care,
examination
physical
assessment,
19
behavioral
health
evaluation
,
treatment,
legal
expenses,
or
20
other
expenses.
An
order
entered
under
this
section
does
not
21
obligate
a
parent
paying
child
support
under
a
custody
decree,
22
except
that
part
of
the
monthly
support
payment
may
be
used
to
23
satisfy
the
obligations
imposed
by
the
order
entered
pursuant
24
to
this
section
.
If
a
parent
fails
to
pay
as
ordered,
without
25
good
reason,
the
court
may
proceed
against
the
parent
for
26
contempt
and
may
inform
the
county
attorney
who
shall
proceed
27
against
the
parent
to
collect
the
unpaid
amount.
Any
payment
28
ordered
by
the
court
shall
be
a
judgment
against
each
of
the
29
child’s
parents
and
a
lien
as
provided
in
section
624.23
.
If
30
all
or
part
of
the
amount
that
the
parents
are
ordered
to
pay
is
31
subsequently
paid
by
the
county
or
state,
the
judgment
and
lien
32
shall
thereafter
be
against
each
of
the
parents
in
favor
of
the
33
county
to
the
extent
of
the
county’s
payments
and
in
favor
of
34
the
state
to
the
extent
of
the
state’s
payments.
35
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Sec.
28.
Section
232.141,
subsection
4,
paragraph
b,
Code
1
2025,
is
amended
to
read
as
follows:
2
b.
Expenses
for
mental
or
physical
examinations
assessments
3
or
behavioral
health
evaluations
of
a
child
if
ordered
by
the
4
court.
5
Sec.
29.
Section
232.141,
subsection
6,
Code
2025,
is
6
amended
to
read
as
follows:
7
6.
If
a
child
is
given
A
physical
or
mental
examinations
8
assessment,
behavioral
health
evaluation,
or
any
treatment
9
relating
to
an
assessment
performed
pursuant
to
section
10
232.71B
,
shall
be
paid
by
the
state
if
physical
assessment,
11
behavioral
health
evaluation,
or
other
treatment
was
performed
12
with
the
consent
of
the
child’s
parent,
guardian,
or
legal
13
custodian
and
no
other
provision
of
law
otherwise
requires
14
payment
for
the
costs
of
the
examination
and
treatment,
the
15
costs
shall
be
paid
by
the
state
.
Reimbursement
for
The
16
department
shall
reimburse
costs
of
services
described
in
under
17
this
subsection
is
subject
to
in
accordance
with
subsection
5
.
18
Sec.
30.
Section
237.1,
Code
2025,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
8A.
“Protective
locked
environment”
means
a
21
setting
that
prevents
egress
from
a
building
or
grounds
as
a
22
protective
measure
to
ensure
safety
and
security.
23
Sec.
31.
Section
237.3,
Code
2025,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
13.
The
department
shall
adopt
rules
26
pursuant
to
chapter
17A
relating
to
the
application
of
a
27
protective
locked
environment
to
child
foster
care
licensees.
28
Sec.
32.
Section
237C.1,
Code
2025,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
5.
“Protective
locked
environment”
means
a
31
setting
that
prevents
egress
from
a
building
or
grounds
as
a
32
protective
measure
to
ensure
safety
and
security.
33
Sec.
33.
Section
237C.4,
Code
2025,
is
amended
by
adding
the
34
following
new
subsection:
35
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NEW
SUBSECTION
.
6A.
Rules
governing
the
application
of
1
a
protective
locked
environment
to
a
children’s
residential
2
facility
shall
be
adopted
by
the
department.
3
Sec.
34.
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
4
DEPARTMENT
OF
INSPECTIONS,
APPEALS,
AND
LICENSING
——
5
ADMINISTRATIVE
RULES.
6
1.
The
department
of
health
and
human
services
and
the
7
department
of
inspections,
appeals,
and
licensing
shall
each
8
adopt
rules
pursuant
to
chapter
17A
to
administer
this
division
9
of
this
Act.
The
departments
shall
coordinate
in
developing
10
their
respective
rules
to
provide
continuity
for,
and
maximize
11
utilization
of
the
array
of
behavioral
health
services
12
available
by,
affected
individuals.
13
2.
a.
The
department
of
health
and
human
services
and
14
the
department
of
inspections,
appeals,
and
licensing
shall
15
review
applicable
existing
rules
and
shall
each
adopt
rules
16
pursuant
to
chapter
17A
to
provide
for
the
following
relative
17
to
facilities
licensed
or
certified
under
chapters
135H,
237,
18
and
237C:
19
(1)
Consistency
to
the
greatest
extent
possible
regarding
20
the
use
of
restraints
and
seclusion
across
these
facilities.
21
(2)
Adaptation
in
application
of
licensing
and
22
certification
requirements
to
provide
for
the
unmet
residential
23
care
needs
of
affected
individuals.
24
b.
In
reviewing
and
adopting
the
rules,
the
departments
25
shall
consider
the
nature
of
the
services
and
programming
26
provided
by
the
specific
type
of
facility
and
applicable
27
federal
requirements,
including
those
for
psychiatric
28
residential
treatment
facilities
as
described
in
42
C.F.R.
29
§483.352.
30
3.
The
department
of
health
and
human
services
shall
adopt
31
rules
pursuant
to
chapter
17A
relating
to
the
application
of
32
a
protective
locked
environment
to
detention
and
shelter
care
33
as
defined
in
section
232.2.
For
purposes
of
this
subsection,
34
“protective
locked
environment”
means
a
setting
that
prevents
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egress
from
a
building
or
grounds
as
a
protective
measure
to
1
ensure
safety
and
security.
2
Sec.
35.
REVIEW
OF
YOUTH
SYSTEMS,
SERVICES,
AND
SUPPORTS.
3
1.
a.
The
department
of
health
and
human
services
shall
4
convene
representatives
of
the
department
of
health
and
human
5
services,
the
courts
and
practitioners
involved
in
civil
6
commitment
and
juvenile
justice
proceedings,
law
enforcement
7
and
corrections,
hospital
systems,
service
providers,
8
individuals
with
lived
experience
and
their
families,
and
9
four
members
of
the
general
assembly
to
review
the
systems
10
and
related
services
and
supports
for
youth,
including
but
11
not
limited
to
the
civil
commitment
and
treatment
provisions
12
under
chapters
125
and
229,
and
the
juvenile
delinquency
13
and
child
in
need
of
assistance
provisions
under
chapter
14
232.
The
members
of
the
general
assembly
shall
include
two
15
senators,
one
appointed
by
the
majority
leader
of
the
senate
16
and
one
appointed
by
the
minority
leader
of
the
senate,
and
17
two
representatives,
one
appointed
by
the
majority
leader
of
18
the
house
of
representatives
and
one
appointed
by
the
minority
19
leader
of
the
house
of
representatives.
20
b.
The
primary
goal
of
the
review
is
to
facilitate
and
21
enhance
the
interplay
of
the
multidimensional
aspects
of
the
22
systems,
services,
and
supports
for
youth
and
the
work
of
23
the
relevant
stakeholders
to
ensure
accessible
and
effectual
24
processes,
procedures,
protections,
and
services
for
affected
25
youth.
26
2.
The
department
of
health
and
human
services
shall
report
27
the
department’s
findings
and
recommendations
from
the
review
28
to
the
governor
and
the
general
assembly
by
October
1,
2025.
29
Sec.
36.
REPEAL.
2024
Iowa
Acts,
chapter
1161,
sections
97
30
and
98,
are
repealed.
31
DIVISION
II
32
HOME
AND
COMMUNITY-BASED
SERVICES
——
HABILITATION
SERVICES
33
PROVIDED
BY
A
RESIDENTIAL
PROGRAM
——
EXCLUSION
FROM
CHILDREN’S
34
RESIDENTIAL
FACILITY
DEFINITION
35
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Sec.
37.
Section
237C.1,
subsection
2,
Code
2025,
is
amended
1
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
j.
Care
furnished
to
persons
sixteen
3
years
of
age
and
older
by
a
residential
program
to
which
the
4
department
applies
accreditation,
certification,
or
standards
5
of
review
under
the
provisions
of
a
federally
approved
medical
6
assistance
home
and
community-based
services
waiver,
or
other
7
provision
of
the
medical
assistance
program.
8
Sec.
38.
ADMINISTRATIVE
RULES.
The
department
of
health
9
and
human
services
shall
adopt
rules
pursuant
to
chapter
10
17A
to
require
that
the
care
furnished
by
an
entity
under
11
section
237C.1,
subsection
2,
paragraph
“j”,
as
enacted
in
12
this
division
of
this
Act,
shall
be
provided
to
persons
under
13
eighteen
years
of
age
in
settings
separate
from
individuals
14
over
the
age
of
twenty-one.
15
DIVISION
III
16
DIRECTOR
OF
JUVENILE
COURT
SERVICES
——
CHIEF
JUVENILE
COURT
17
OFFICERS
18
Sec.
39.
Section
602.1101,
Code
2025,
is
amended
by
adding
19
the
following
new
subsection:
20
NEW
SUBSECTION
.
5A.
“Director
of
juvenile
court
services”
21
means
the
same
as
defined
in
the
Iowa
court
rules
of
juvenile
22
court
services
directed
programs
as
prescribed
by
the
supreme
23
court
and
includes
the
deputy
director
of
juvenile
court
24
services.
25
Sec.
40.
Section
602.1217,
Code
2025,
is
amended
to
read
as
26
follows:
27
602.1217
Chief
juvenile
court
officer.
28
1.
The
chief
judge
of
director
of
juvenile
court
services
29
shall
appoint
a
chief
juvenile
court
officer
for
each
judicial
30
district
,
after
consultation
with
the
judges
of
the
judicial
31
district,
shall
appoint
a
chief
juvenile
court
officer
and
may
32
remove
the
a
chief
juvenile
court
officer
for
cause.
33
2.
The
chief
juvenile
court
officer
is
subject
to
the
34
immediate
supervision
and
direction
of
the
chief
judge
of
the
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judicial
district
director
of
juvenile
court
services
.
1
3.
The
chief
juvenile
court
officer,
in
addition
to
2
performing
the
duties
of
a
juvenile
court
officer,
shall
3
supervise
juvenile
court
officers
and
administer
juvenile
court
4
services
within
the
judicial
district
in
a
uniform
manner,
5
under
the
supervision
and
direction
of
the
director
of
juvenile
6
court
services,
in
accordance
with
law
and
with
the
rules,
7
directives,
and
procedures
of
the
judicial
branch
and
the
8
judicial
district.
9
4.
The
chief
juvenile
court
officer
shall
assist
the
state
10
court
administrator
and
the
district
court
administrator
11
director
of
juvenile
court
services
in
implementing
the
rules,
12
directives,
and
procedures
of
the
judicial
branch
and
the
13
judicial
district.
14
5.
A
chief
juvenile
court
officer
shall
have
other
duties
15
as
prescribed
by
the
supreme
court
or
by
the
chief
judge
of
the
16
judicial
district
director
of
juvenile
court
services
.
17
Sec.
41.
Section
602.7201,
subsections
2
and
3,
Code
2025,
18
are
amended
to
read
as
follows:
19
2.
The
juvenile
court
officers
and
other
personnel
20
employed
in
juvenile
court
service
offices
are
subject
to
21
the
supervision
of
the
chief
juvenile
court
officer.
The
22
chief
juvenile
court
officer
is
subject
to
the
supervision
and
23
direction
of
the
director
of
juvenile
court
services.
24
3.
The
chief
juvenile
court
officer
may
employ,
shall
25
supervise,
and
may
remove
for
cause
with
due
process
26
secretarial,
clerical,
and
other
staff
within
juvenile
court
27
service
offices
as
authorized
by
the
chief
judge
director
of
28
juvenile
court
services
.
29
Sec.
42.
Section
602.7202,
subsection
1,
Code
2025,
is
30
amended
to
read
as
follows:
31
1.
Subject
to
the
approval
of
the
chief
judge
of
the
32
judicial
district
director
of
juvenile
court
services
,
the
33
chief
juvenile
court
officer
shall
appoint
juvenile
court
34
officers
to
serve
the
juvenile
court.
Juvenile
court
officers
35
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may
be
required
to
serve
in
two
or
more
counties
within
the
1
judicial
district.
2
DIVISION
IV
3
HAWKI
ELIGIBILITY
——
PUBLIC
INSTITUTION
INMATES
4
Sec.
43.
Section
514I.8,
subsection
2,
paragraph
g,
Code
5
2025,
is
amended
to
read
as
follows:
6
g.
Is
not
an
inmate
of
a
public
institution
or
a
patient
in
7
an
institution
for
mental
diseases.
8
Sec.
44.
NEW
SECTION
.
514I.8B
Inmates
of
public
9
institutions
——
suspension
of
medical
assistance.
10
1.
Following
the
first
thirty
days
of
commitment,
the
11
department
shall
suspend,
but
not
terminate,
the
eligibility
of
12
an
eligible
child
who
is
an
inmate
of
a
public
institution
as
13
defined
in
42
C.F.R.
§435.1010,
who
is
enrolled
in
the
medical
14
assistance
program
under
this
chapter
at
the
time
of
commitment
15
to
the
public
institution,
and
who
remains
eligible
for
medical
16
assistance
under
this
chapter
except
for
the
eligible
child’s
17
institutional
status,
during
the
entire
period
of
the
eligible
18
child’s
commitment
to
the
public
institution.
19
2.
To
the
extent
applicable,
the
public
institution
and
the
20
department
shall
comply
with
the
reporting
requirements
and
the
21
expediting
of
the
restoration
of
an
eligible
child’s
medical
22
assistance
benefits
under
this
chapter
upon
the
eligible
23
child’s
discharge,
consistent
with
section
249A.38.
24
3.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
25
to
administer
this
section.
26
DIVISION
V
27
CORRECTIVE
CHANGES
28
Sec.
45.
Section
125.13,
subsection
2,
paragraphs
a,
i,
and
29
j,
Code
2025,
are
amended
to
read
as
follows:
30
a.
A
hospital
providing
care
or
treatment
to
persons
with
31
a
substance
use
disorder
licensed
under
chapter
135B
which
is
32
accredited
by
the
joint
commission
on
the
accreditation
of
33
health
care
organizations
,
the
commission
on
accreditation
34
of
rehabilitation
facilities,
the
American
osteopathic
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association,
or
another
recognized
organization
approved
by
1
the
department.
All
survey
reports
from
the
accrediting
or
2
licensing
body
must
be
sent
to
the
department.
3
i.
A
substance
use
disorder
treatment
program
not
funded
4
by
the
department
which
is
accredited
or
licensed
by
the
joint
5
commission
on
the
accreditation
of
health
care
organizations
,
6
the
commission
on
the
accreditation
of
rehabilitation
7
facilities,
the
American
osteopathic
association,
or
another
8
recognized
organization
approved
by
the
department.
All
survey
9
reports
from
the
accrediting
or
licensing
body
must
be
sent
to
10
the
department.
11
j.
A
hospital
substance
use
disorder
treatment
program
12
that
is
accredited
or
licensed
by
the
joint
commission
on
the
13
accreditation
of
health
care
organizations
,
the
commission
on
14
the
accreditation
of
rehabilitation
facilities,
the
American
15
osteopathic
association,
or
another
recognized
organization
16
approved
by
the
department.
All
survey
reports
for
the
17
hospital
substance
use
disorder
treatment
program
from
the
18
accrediting
or
licensing
body
shall
be
sent
to
the
department.
19
Sec.
46.
Section
125.43A,
Code
2025,
is
amended
to
read
as
20
follows:
21
125.43A
Prescreening
——
exception.
22
Except
in
cases
of
medical
emergency
or
court-ordered
23
admissions,
a
person
shall
be
admitted
to
a
state
mental
24
health
institute
for
treatment
of
a
substance
use
disorder
25
only
after
a
preliminary
intake
and
assessment
by
a
26
department-licensed
treatment
facility
or
a
hospital
providing
27
care
or
treatment
for
persons
with
a
substance
use
disorder
28
licensed
under
chapter
135B
and
accredited
by
the
joint
29
commission
on
the
accreditation
of
health
care
organizations
,
30
the
commission
on
accreditation
of
rehabilitation
facilities,
31
the
American
osteopathic
association,
or
another
recognized
32
organization
approved
by
the
department,
or
by
a
designee
of
33
a
department-licensed
treatment
facility
or
a
hospital
other
34
than
a
state
mental
health
institute,
which
confirms
that
the
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admission
is
appropriate
to
the
person’s
substance
use
disorder
1
service
needs.
A
county
board
of
supervisors
may
seek
an
2
admission
of
a
patient
to
a
state
mental
health
institute
who
3
has
not
been
confirmed
for
appropriate
admission
and
the
county
4
shall
be
responsible
for
one
hundred
percent
of
the
cost
of
5
treatment
and
services
of
the
patient.
6
Sec.
47.
Section
135B.12,
Code
2025,
is
amended
to
read
as
7
follows:
8
135B.12
Confidentiality.
9
The
department’s
final
findings
or
the
final
survey
findings
10
of
the
joint
commission
on
the
accreditation
of
health
care
11
organizations
or
the
American
osteopathic
association
with
12
respect
to
compliance
by
a
hospital
or
rural
emergency
hospital
13
with
requirements
for
licensing
or
accreditation
shall
be
made
14
available
to
the
public
in
a
readily
available
form
and
place.
15
Other
information
relating
to
a
hospital
or
rural
emergency
16
hospital
obtained
by
the
department
which
does
not
constitute
17
the
department’s
findings
from
an
inspection
of
the
hospital
18
or
rural
emergency
hospital
or
the
final
survey
findings
of
19
the
joint
commission
on
the
accreditation
of
health
care
20
organizations
or
the
American
osteopathic
association
shall
21
not
be
made
available
to
the
public,
except
in
proceedings
22
involving
the
denial,
suspension,
or
revocation
of
a
license
23
under
this
chapter
.
The
name
of
a
person
who
files
a
complaint
24
with
the
department
shall
remain
confidential
and
shall
not
25
be
subject
to
discovery,
subpoena,
or
other
means
of
legal
26
compulsion
for
its
release
to
a
person
other
than
department
27
employees
or
agents
involved
in
the
investigation
of
the
28
complaint.
29
Sec.
48.
Section
135B.20,
subsection
4,
Code
2025,
is
30
amended
to
read
as
follows:
31
4.
“Joint
conference
committee”
shall
mean
the
joint
32
conference
committee
as
required
by
the
joint
commission
on
33
accreditation
of
health
care
organizations
or,
in
a
hospital
34
having
no
such
committee,
a
similar
committee,
an
equal
number
35
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of
which
shall
be
members
of
the
medical
staff
selected
by
the
1
staff
and
an
equal
number
of
which
shall
be
selected
by
the
2
governing
board
of
the
hospital.
3
Sec.
49.
Section
135C.2,
subsection
7,
Code
2025,
is
amended
4
to
read
as
follows:
5
7.
The
rules
adopted
by
the
department
regarding
nursing
6
facilities
shall
provide
that
a
nursing
facility
may
choose
7
to
be
inspected
either
by
the
department
or
by
the
joint
8
commission
on
accreditation
of
health
care
organizations
.
9
The
rules
regarding
acceptance
of
inspection
by
the
joint
10
commission
on
accreditation
of
health
care
organizations
shall
11
include
recognition,
in
lieu
of
inspection
by
the
department,
12
of
comparable
inspections
and
inspection
findings
of
the
joint
13
commission
on
accreditation
of
health
care
organizations
,
14
if
the
department
is
provided
with
copies
of
all
requested
15
materials
relating
to
the
inspection
process.
16
Sec.
50.
Section
135C.6,
subsection
10,
Code
2025,
is
17
amended
to
read
as
follows:
18
10.
Notwithstanding
section
135C.9
,
nursing
facilities
19
which
are
accredited
by
the
joint
commission
on
accreditation
20
of
health
care
organizations
shall
be
licensed
without
21
inspection
by
the
department,
if
the
nursing
facility
has
22
chosen
to
be
inspected
by
the
joint
commission
on
accreditation
23
of
health
care
organizations
in
lieu
of
inspection
by
the
24
department.
25
Sec.
51.
Section
135J.2,
subsection
2,
Code
2025,
is
amended
26
to
read
as
follows:
27
2.
The
hospice
program
shall
meet
the
criteria
pursuant
to
28
section
135J.3
before
a
license
is
issued.
The
department
is
29
responsible
to
provide
the
necessary
personnel
to
inspect
the
30
hospice
program,
the
home
care
and
inpatient
care
provided
and
31
the
hospital
or
facility
used
by
the
hospice
to
determine
if
32
the
hospice
complies
with
necessary
standards
before
a
license
33
is
issued.
Hospices
that
are
certified
as
Medicare
hospice
34
providers
by
the
department
,
or
are
accredited
as
hospices
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by
the
joint
commission
on
the
accreditation
of
health
care
1
organizations
,
shall
be
licensed
without
inspection
by
the
2
department.
3
Sec.
52.
Section
144F.5,
subsection
1,
Code
2025,
is
amended
4
to
read
as
follows:
5
1.
The
standards
for
accreditation
adopted
by
the
joint
6
commission
on
the
accreditation
of
health
care
organizations
7
or
any
other
nationally
recognized
hospital
accreditation
8
organization.
9
Sec.
53.
Section
155A.13,
subsection
4,
paragraph
a,
10
subparagraph
(4),
Code
2025,
is
amended
to
read
as
follows:
11
(4)
Give
recognition
to
the
standards
of
the
joint
12
commission
on
the
accreditation
of
health
care
organizations
13
and
the
American
osteopathic
association
,
and
to
the
conditions
14
of
participation
under
Medicare.
15
Sec.
54.
Section
232.2,
subsection
4,
paragraph
i,
Code
16
2025,
is
amended
to
read
as
follows:
17
i.
If
reasonable
efforts
to
place
a
child
for
adoption
or
18
with
a
guardian
are
made
concurrently
with
reasonable
efforts
19
as
defined
in
section
232.102
232.102A
,
the
concurrent
goals
20
and
timelines
may
be
identified.
Concurrent
case
permanency
21
plan
goals
for
reunification,
and
for
adoption
or
for
other
22
permanent
out-of-home
placement
of
a
child
shall
not
be
23
considered
inconsistent
in
that
the
goals
reflect
divergent
24
possible
outcomes
for
a
child
in
an
out-of-home
placement.
25
Sec.
55.
Section
232.36,
subsection
3,
paragraph
b,
26
subparagraph
(3),
Code
2025,
is
amended
to
read
as
follows:
27
(3)
Legal
custodian
Custodian
of
the
child.
28
Sec.
56.
Section
232.37,
subsection
2,
Code
2025,
is
amended
29
to
read
as
follows:
30
2.
Notice
of
the
pendency
of
the
case
shall
be
served
upon
31
the
known
parents,
guardians,
or
legal
custodians
of
a
child
32
if
these
persons
are
not
summoned
to
appear
as
provided
in
33
subsection
1
.
Notice
shall
also
be
served
upon
the
child
and
34
upon
the
child’s
guardian
ad
litem,
if
any.
The
notice
shall
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attach
a
copy
of
the
petition
and
shall
give
notification
of
1
the
right
to
counsel
provided
for
in
section
232.11
.
2
Sec.
57.
Section
232.101A,
subsection
1,
paragraph
c,
Code
3
2025,
is
amended
to
read
as
follows:
4
c.
The
parent
of
the
child
does
not
appear
at
the
5
dispositional
hearing,
or
the
parent
appears
at
the
6
dispositional
hearing,
does
not
object
to
the
transfer
of
7
guardianship,
and
agrees
to
waive
the
requirement
for
making
8
reasonable
efforts
as
defined
in
section
232.102
232.102A
.
9
Sec.
58.
Section
232.102A,
subsection
3,
Code
2025,
is
10
amended
to
read
as
follows:
11
3.
The
performance
of
reasonable
efforts
to
place
a
child
12
for
adoption
or
with
a
guardian
may
be
made
concurrently
with
13
making
reasonable
efforts
as
defined
in
this
section
.
14
Sec.
59.
Section
232B.5,
subsection
19,
unnumbered
15
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
16
A
party
seeking
an
involuntary
foster
care
placement
of
17
or
termination
of
parental
rights
over
an
Indian
child
shall
18
provide
evidence
to
the
court
that
active
efforts
have
been
19
made
to
provide
remedial
services
and
rehabilitative
programs
20
designed
to
prevent
the
breakup
of
the
Indian
family
and
that
21
these
efforts
have
proved
unsuccessful.
The
court
shall
not
22
order
the
placement
or
termination,
unless
the
evidence
of
23
active
efforts
shows
there
has
been
a
vigorous
and
concerted
24
level
of
casework
beyond
the
level
that
typically
constitutes
25
reasonable
efforts
as
defined
in
sections
232.57
and
232.102
26
232.102A
.
Reasonable
efforts
shall
not
be
construed
to
be
27
active
efforts.
The
active
efforts
must
be
made
in
a
manner
28
that
takes
into
account
the
prevailing
social
and
cultural
29
values,
conditions,
and
way
of
life
of
the
Indian
child’s
30
tribe.
Active
efforts
shall
utilize
the
available
resources
31
of
the
Indian
child’s
extended
family,
tribe,
tribal
and
32
other
Indian
social
service
agencies,
and
individual
Indian
33
caregivers.
Active
efforts
shall
include
but
are
not
limited
34
to
all
of
the
following:
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Sec.
60.
Section
233.2,
subsection
5,
Code
2025,
is
amended
1
to
read
as
follows:
2
5.
Reasonable
efforts,
as
defined
in
section
232.102
3
232.102A
,
that
are
made
in
regard
to
the
newborn
infant
shall
4
be
limited
to
the
efforts
made
in
a
timely
manner
to
finalize
a
5
permanency
plan
for
the
newborn
infant.
6
Sec.
61.
Section
237.3,
subsection
7,
Code
2025,
is
amended
7
to
read
as
follows:
8
7.
If
an
agency
is
accredited
by
the
joint
commission
on
9
the
accreditation
of
health
care
organizations
under
the
joint
10
commission’s
consolidated
standards
for
residential
settings
11
or
by
the
council
on
accreditation
of
services
for
families
12
and
children
,
the
department
shall
modify
facility
licensure
13
standards
applied
to
the
agency
in
order
to
avoid
duplicating
14
standards
applied
through
accreditation.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
services
and
support
for
youth
and
is
19
organized
by
divisions.
20
DIVISION
I
——
TREATMENT,
PHYSICAL
ASSESSMENTS,
AND
21
BEHAVIORAL
HEALTH
EVALUATIONS.
Under
current
law,
a
22
psychiatric
medical
institution
for
children
(PMIC)
is
an
23
institution
providing
more
than
24
hours
of
continuous
care
24
involving
long-term
psychiatric
services
to
3
or
more
children
25
in
residence
for
expected
periods
of
14
days
or
more
for
26
diagnosis
and
evaluation,
or
for
expected
periods
of
90
days
27
or
more
for
treatment.
28
The
bill
exempts
PMICs
that
do
not
provide
substance
use
29
disorder
services
from
licensing
requirements
for
maintaining
30
or
conducting
programs
with
the
primary
purpose
of
treating
and
31
rehabilitating
persons
with
a
substance
use
disorder.
32
The
bill
defines
“approved
qualifying
organization”
as
33
the
joint
commission,
the
commission
on
the
accreditation
of
34
rehabilitation
facilities,
the
council
on
accreditation,
or
a
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nationally
recognized
accrediting
organization
with
standards
1
comparable
to
the
joint
commission
and
commission
on
the
2
accreditation
of
rehabilitation
facilities
that
are
acceptable
3
under
federal
regulations.
4
The
bill
defines
“mental
health
disorder”
as
a
mental
5
disorder
as
defined
in
the
most
recent
version
of
the
6
diagnostic
and
statistical
manual
of
mental
disorders
published
7
by
the
American
psychiatric
association,
or
a
mental
disorder
8
as
defined
in
the
most
recent
version
of
the
international
9
classification
of
diseases
published
by
the
world
health
10
organization.
11
The
bill
defines
“protective
locked
environment”
as
a
12
setting
that
prevents
egress
from
a
building
or
grounds
as
a
13
protective
measure
to
ensure
safety
and
security.
14
The
bill
defines
“record
check
evaluation
system”
as
the
15
record
check
evaluation
system
of
HHS
used
to
perform
child
and
16
dependent
adult
abuse
record
checks
and
to
evaluate
criminal
17
history
and
abuse
records.
18
The
bill
defines
“serious
emotional
disturbance”
as
a
19
diagnosable
mental,
behavioral,
or
emotional
disorder
that
20
meets
the
diagnostic
criteria
specified
in
the
most
current
21
diagnostic
and
statistical
manual
of
mental
disorders
published
22
by
the
American
psychiatric
association.
“Serious
emotional
23
disturbance”
does
not
include
a
substance
use
disorder
or
24
developmental
disorder
unless
such
disorder
co-occurs
with
a
25
diagnosable
mental,
behavioral,
or
emotional
disorder.
26
The
bill
defines
“substance
use
disorder”
as
a
diagnosable
27
substance
use
disorder
of
sufficient
duration
to
meet
28
diagnostic
criteria
specified
within
the
most
current
29
diagnostic
and
statistical
manual
of
mental
disorders
published
30
by
the
American
psychiatric
association
that
results
in
a
31
functional
impairment.
32
The
bill
defines
“youth”
as
a
person
who
is
less
than
21
33
years
of
age.
34
The
bill
describes
the
nature
of
care
a
PMIC
must
offer
youth
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with
a
serious
emotional
disturbance
(SED),
a
substance
use
1
disorder
(SUD),
or
both.
2
Under
current
law,
a
person
who
establishes
a
PMIC
must
3
also
hold
a
license
under
Code
chapter
237
(child
foster
4
care
facilities)
as
a
comprehensive
residential
facility
for
5
children,
or
hold
a
license
under
Code
chapter
125
(substance
6
use
disorders)
if
the
facility
provides
SUD
treatment.
The
7
bill
requires
a
person
who
establishes
a
PMIC
to
hold
a
license
8
under
Code
chapter
237.
The
person
must
also
hold
a
license
9
under
Code
chapter
125
if
the
PMIC
provides
SUD
treatment.
10
The
bill
eliminates
the
requirement
that
a
proposed
PMIC
be
11
under
the
direction
of
an
agency
which
has
previously
operated
12
a
facility
for
children
or
adolescents
and
meets
or
exceeds
13
requirements
for
licensure
as
a
comprehensive
residential
14
facility
for
children.
15
The
bill
requires
the
department
of
inspections,
appeals
16
and
licensing
(DIAL),
in
cooperation
with
the
department
of
17
health
and
human
services
(HHS),
to
adopt
rules
relating
to
the
18
application
of
a
protective
locked
environment
in
a
PMIC.
19
The
bill
defines
“behavioral
health
evaluation”
as
a
20
comprehensive
evaluation
of
a
person’s
mental
and
behavioral
21
health
by
a
person
licensed
under
Code
chapter
154B
22
(psychology),
154C
(social
work),
or
154D
(behavioral
science)
23
for
purposes
including
but
not
limited
to
identifying
a
24
possible
behavioral
health
condition.
25
The
bill
defines
“physical
assessment”
as
direct
physical
26
touching,
viewing,
and
medically
necessary
manipulation
of
any
27
area
of
a
child’s
body
by
a
licensed
physician.
28
The
bill
replaces
several
references
to
a
physical
or
mental
29
examination
with
references
to
a
physical
assessment
(PA)
or
30
behavioral
health
evaluation
(BHE)
and
replaces
references
to
a
31
person’s
abuse
of
alcohol
or
other
controlled
substances
with
32
references
to
the
person
having
a
behavioral
health
condition.
33
Under
current
law,
one
of
several
specific
circumstances
34
must
exist
before
a
juvenile
court
has
the
authority
to
enter
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an
ex
parte
order
to
direct
a
peace
officer
or
a
juvenile
court
1
officer
to
take
custody
of
a
child
before
or
after
the
filing
2
of
a
petition
under
Code
chapter
232
(juvenile
justice).
The
3
bill
adds
the
circumstance
when
the
child’s
parent,
guardian,
4
or
legal
custodian
consents
to
the
removal
as
a
condition
that
5
would
permit
a
juvenile
court
to
enter
such
an
ex
parte
order.
6
The
bill
creates
similar
provisions
for
when
a
juvenile
court
7
may
enter
an
ex
parte
order
for
a
child
to
undergo
an
inpatient
8
PA
or
an
inpatient
BHE
and
when
a
person
authorized
to
conduct
9
a
preliminary
investigation
in
response
to
a
complaint
10
may
motion
to
ask
the
court
to
order
a
child
to
undergo
an
11
inpatient
PA
or
an
inpatient
BHE.
12
The
bill
exempts
a
PMIC
from
licensing
requirements
for
13
child
foster
care.
14
The
bill
directs
HHS
and
DIAL
to
adopt
rules
relating
to
the
15
application
of
a
protective
locked
environment
to
child
foster
16
care
licensees.
17
The
bill
directs
HHS
and
DIAL
to
coordinate
in
developing
18
rules
related
to
this
division
of
the
bill.
The
bill
outlines
19
goals
and
considerations
each
department
must
take
into
account
20
while
adopting
such
rules.
21
The
bill
requires
HHS
to
convene
a
committee
made
of
22
representatives
of
several
different
organizations
and
persons
23
detailed
in
the
bill
to
review
the
systems
and
related
services
24
and
supports
available
for
youth,
including
but
not
limited
to
25
systems,
services,
and
supports
related
to
civil
commitment
and
26
treatment,
juvenile
delinquency,
and
CINA.
The
bill
details
27
the
goal
of
the
review
and
requires
HHS
to
report
the
review’s
28
findings
and
recommendations
to
the
governor
and
the
general
29
assembly
by
October
1,
2025.
30
The
bill
makes
conforming
changes
to
Code
chapters
135H
31
(psychiatric
medical
institutions
for
children)
and
232
32
(juvenile
justice).
The
bill
repeals
2024
Iowa
Acts,
chapter
33
1161,
sections
97
and
98.
34
DIVISION
II
——
HOME
AND
COMMUNITY-BASED
SERVICES
——
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HABILITATION
SERVICES
PROVIDED
BY
A
RESIDENTIAL
PROGRAM
——
1
EXCLUSION
FROM
CHILDREN’S
RESIDENTIAL
FACILITY
DEFINITION.
2
The
bill
excludes
care
furnished
to
persons
16
years
of
age
3
or
older
by
certain
residential
programs
detailed
in
the
bill
4
from
the
definition
of
a
children’s
residential
facility.
The
5
bill
requires
HHS
to
adopt
rules
to
require
that
care
furnished
6
at
a
residential
program
to
persons
under
18
years
of
age
be
7
provided
in
settings
separate
from
individuals
over
the
age
of
8
21.
9
DIVISION
III
——
DIRECTOR
OF
JUVENILE
COURT
SERVICES
——
10
CHIEF
JUVENILE
COURT
OFFICERS.
Under
current
law,
the
chief
11
juvenile
court
officers
are
appointed,
terminated
for
cause,
12
and
otherwise
act
under
the
direction
and
supervision
of
the
13
chief
judge
for
the
judicial
district
in
which
the
chief
14
juvenile
court
officer
was
appointed.
The
bill
transfers
the
15
chief
judges’
authority
over
chief
juvenile
court
officers
to
16
the
director
of
juvenile
court
services.
17
DIVISION
IV
——
HAWKI
ELIGIBILITY
——
PUBLIC
INSTITUTION
18
INMATES.
The
bill
defines
“public
institution”
to
mean
the
19
same
as
defined
in
42
C.F.R.
§435.1010.
20
Current
law
does
not
permit
a
child
who
is
an
inmate
in
a
21
public
institution
to
be
eligible
for
the
Hawki
program.
The
22
bill
requires
HHS
to
suspend,
but
not
terminate,
Hawki
program
23
eligibility
for
a
child
in
a
public
institution
if
the
child
24
is
otherwise
eligible
for
the
Hawki
program
except
for
the
25
child’s
status
as
an
inmate,
the
child
was
enrolled
in
the
26
Hawki
program
at
the
time
the
child
was
committed
to
the
public
27
institution,
and
30
calendar
days
have
elapsed
since
the
date
28
the
child
was
committed
to
the
public
institution.
A
child’s
29
suspension
of
Hawki
benefits
must
continue
for
the
duration
of
30
the
child’s
commitment
to
a
public
institution.
31
The
bill
requires
the
public
institution
to
which
a
child
32
is
committed
and
HHS
to
provide
monthly
reports
and
expedite
33
the
restoration
of
the
child’s
Hawki
benefits
upon
the
child’s
34
discharge
from
the
public
institution.
The
bill
requires
HHS
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H.F.
984
to
adopt
rules
to
administer
the
bill’s
provisions
related
to
1
Hawki
benefits
for
children
committed
to
a
public
institution.
2
DIVISION
V
——
CORRECTIVE
CHANGES.
The
bill
updates
3
references
to
certain
accrediting
organizations
through
the
4
Code,
corrects
a
reference
throughout
the
Code
related
to
5
the
citation
for
the
definition
of
“reasonable
efforts”,
6
and
changes
the
term
“legal
custodian”
to
the
defined
term
7
“custodian”.
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