Read the full stored bill text
Senate
File
329
-
Introduced
SENATE
FILE
329
BY
SALMON
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
emergency
medical
care
and
routine
medical
care
for
7
a
child
that
will
allow
the
child
to
experience
childhood
and
8
participate
in
activities
in
a
manner
similar
to
the
child’s
9
peers.
“Routine
medical
care”
includes
but
is
not
limited
to
10
all
of
the
following:
11
(a)
A
sports
physical
performed
by
a
licensed
health
care
12
provider.
13
(b)
A
medically
necessary
blood
test
performed
by
a
licensed
14
health
care
provider.
15
(c)
The
use
of
a
medically
necessary
antibiotic
prescribed
16
by
a
licensed
health
care
provider.
17
(3)
Notwithstanding
subparagraph
(1),
the
department
18
may
consent
to
a
child’s
participation
in
an
individualized
19
education
program.
20
Sec.
2.
Section
232.2,
subsection
12,
Code
2025,
is
amended
21
by
adding
the
following
new
paragraph:
22
NEW
PARAGRAPH
.
d.
If
a
court
order
entered
under
this
23
chapter
transfers
legal
custody
of
a
child
to
the
department,
24
the
department
shall
have
the
authority
to
delegate
the
25
department’s
rights
and
duties
as
custodian
of
the
child
to
a
26
licensee
under
chapter
237.
27
Sec.
3.
Section
237.10,
subsection
1,
Code
2025,
is
amended
28
by
adding
the
following
new
paragraph:
29
NEW
PARAGRAPH
.
d.
(1)
The
department
shall
notify
30
an
individual
licensee
if
the
department
delegates
the
31
department’s
right
to
consent
to
emergency
medical
care
and
32
routine
medical
care
on
behalf
of
a
child
under
section
232.2,
33
paragraph
“c”
,
to
the
individual
licensee.
34
(2)
The
department
shall
notify
the
department
of
education
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and
an
individual
licensee
if
the
department
delegates
1
the
department’s
right
to
consent
to
participation
in
an
2
individualized
education
program
on
behalf
of
a
child
under
3
section
232.2,
paragraph
“c”
,
to
the
individual
licensee.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
the
delegation
of
custodial
rights
and
8
duties
with
respect
to
a
child.
9
If
a
court
transfers
legal
custody
of
a
child
to
the
10
department
of
health
and
human
services
(HHS),
the
bill
allows
11
HHS
to
delegate
HHS’s
rights
and
duties
as
custodian
of
the
12
child
to
a
person
licensed
to
provide
child
foster
care.
13
Delegable
rights
and
duties
are
the
duty
to
protect,
train,
14
and
discipline
the
child;
the
duty
to
provide
food,
clothing,
15
housing,
and
medical
care
for
the
child;
and
the
right
to
16
consent
to
emergency
medical
care.
Delegable
rights
and
duties
17
are
subject
to
any
residual
rights
and
duties
of
the
child’s
18
parent
or
guardian.
The
bill
clarifies
that
a
parent’s
or
19
guardian’s
residual
rights
and
duties
do
not
preclude
HHS
from
20
consenting
to
a
child’s
participation
in
an
individualized
21
education
program,
or
emergency
or
routine
medical
care
for
a
22
child
that
will
allow
the
child
to
experience
childhood
and
23
participate
in
activities
in
a
manner
similar
to
the
child’s
24
peers.
“Routine
medical
care”
includes
but
is
not
limited
to
25
sports
physicals
performed
by
a
licensed
health
care
provider,
26
medically
necessary
blood
tests
performed
by
a
licensed
health
27
care
provider,
and
the
use
of
medically
necessary
antibiotics
28
prescribed
by
a
licensed
health
care
provider.
The
bill
29
requires
HHS
to
notify
an
individual
licensee
if
HHS
delegates
30
HHS’s
right
to
consent
to
emergency
or
routine
medical
care,
or
31
participation
in
an
individualized
education
program,
on
behalf
32
of
a
child
to
the
individual
licensee.
33
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