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Senate
File
481
-
Introduced
SENATE
FILE
481
BY
TRONE
GARRIOTT
A
BILL
FOR
An
Act
relating
to
certain
benefits
received
by
children
in
1
foster
care,
and
making
an
appropriation.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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481
Section
1.
Section
234.37,
Code
2025,
is
amended
to
read
as
1
follows:
2
234.37
Department
may
establish
accounts
for
certain
3
children.
4
1.
For
purposes
of
this
section:
5
a.
“Benefits”
means
benefits
received
under
the
federal
6
Social
Security
Act
or
from
a
court
order
requiring
payment
of
7
child
support.
8
b.
“Child”
means
a
child
as
defined
in
section
234.1,
who
is
9
described
by
any
of
the
following:
10
(1)
The
child
was
committed
to
the
director
or
the
11
director’s
designee.
12
(2)
The
child’s
legal
custody
has
been
transferred
to
the
13
department.
14
(3)
The
child
was
voluntarily
placed
in
foster
care
pursuant
15
to
section
234.35.
16
2.
a.
The
department
may
establish
an
account
in
the
name
17
of
any
a
child
committed
to
the
director
or
the
director’s
18
designee,
or
whose
legal
custody
has
been
transferred
to
19
the
department,
or
who
is
voluntarily
placed
in
foster
care
20
pursuant
to
section
234.35
.
Any
money
which
the
child
receives
21
from
the
United
States
government
or
any
private
source
shall
22
be
placed
in
the
child’s
account
,
unless
a
guardian
of
the
23
child’s
property
has
been
.
If
a
conservator
appointed
and
for
24
the
child
under
section
633.554
demands
the
money,
in
which
25
case
it
the
moneys
in
the
child’s
account
shall
be
paid
to
the
26
guardian
conservator
.
The
27
b.
An
account
established
for
a
child
under
this
subsection
28
shall
be
an
interest-bearing
account
at
a
reputable
bank
or
29
savings
association,
and
maintained
by
the
department
as
30
trustee
for
the
child
in
an
interest-bearing
account
at
a
31
reputable
bank
or
savings
association,
except
that
if
the
.
32
c.
If
a
child
is
residing
at
an
institution
administered
33
by
the
department
,
a
limited
amount
of
the
child’s
funds
34
described
in
paragraph
“a”
may
be
maintained
at
the
institution
35
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481
in
a
separate
account,
which
need
not
may
be
interest
bearing
1
a
non-interest-bearing
account
,
in
the
child’s
name
at
the
2
institution
.
Any
money
3
d.
Moneys
held
in
an
account
in
the
a
child’s
name
or
4
in
trust
for
the
a
child
under
this
section
subsection
may
5
be
used,
at
the
discretion
of
the
department
and
subject
to
6
restrictions
lawfully
imposed
by
the
United
States
government
7
or
other
source
from
which
the
child
receives
the
funds,
for
8
the
purchase
of
personal
incidentals,
desires
,
and
comforts
of
9
the
child.
10
e.
All
of
the
money
moneys
held
for
a
child
by
the
11
department
under
this
section
subsection,
and
not
used
in
the
12
child’s
behalf
as
authorized
by
law
,
shall
be
promptly
paid
to
13
the
child
,
or
the
child’s
parent
,
or
the
child’s
legal
guardian
14
upon
termination
of
the
child’s
commitment
of
the
child
to
15
the
director
or
the
director’s
designee,
or
upon
transfer
or
16
cessation
of
the
department’s
legal
custody
of
the
child
by
the
17
department
.
18
3.
Notwithstanding
subsection
1,
the
department
shall
19
establish
a
separate
benefits
account
in
the
name
of
a
child
20
under
eighteen
years
of
age
if
the
child
receives
benefits.
21
Benefits
the
child
receives
shall
be
deposited
in
the
child’s
22
account.
If
a
conservator
appointed
for
the
child
under
23
section
633.554
demands
the
money,
the
moneys
in
the
child’s
24
benefits
account
shall
be
paid
to
the
conservator.
25
a.
An
account
established
for
a
child
under
this
subsection
26
shall
be
an
interest-bearing
account
at
a
reputable
bank
or
27
savings
association,
and
maintained
by
the
department
as
28
trustee
for
the
child.
29
b.
All
moneys
held
for
a
child
by
the
department
under
30
this
subsection
shall
be
released
to
the
child
upon
the
child
31
reaching
eighteen
years
of
age.
32
Sec.
2.
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
PAYMENT
33
OF
FOSTER
CARE.
There
is
appropriated
from
the
general
fund
of
34
the
state
to
the
department
of
health
and
human
services
for
35
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the
fiscal
year
beginning
July
1,
2025,
and
ending
June
30,
1
2026,
the
following
amount,
or
so
much
thereof
as
is
necessary,
2
to
be
used
for
the
purposes
designated:
3
For
the
payment
of
foster
care
costs
for
children
who
receive
4
benefits
under
the
federal
Social
Security
Act
or
from
a
court
5
order
requiring
payment
of
child
support:
6
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,200,000
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
relates
to
social
security
benefits
and
child
11
support
benefits
(benefits)
for
children
receiving
foster
care.
12
The
bill
defines
“child”
as
a
person
who
is
less
than
18
13
years
of
age,
or
a
person
who
is
18,
19,
or
20
years
of
age
if
14
the
person
meets
certain
conditions,
and
who
was
committed
to
15
the
director
of
the
department
of
health
and
human
services
16
(HHS)
or
the
director’s
designee;
whose
legal
custody
has
been
17
transferred
to
HHS;
or
who
was
voluntarily
placed
in
foster
18
care.
19
The
bill
requires
the
department
of
health
and
human
20
services
(HHS)
to
establish
a
benefits
account
(account)
21
in
the
name
of
any
child
under
18
years
of
age
if
the
child
22
receives
benefits.
Any
benefits
the
child
receives
must
be
23
placed
in
the
child’s
account.
If
a
conservator
makes
a
demand
24
for
moneys
in
the
child’s
account,
the
moneys
in
the
child’s
25
account
must
be
paid
to
the
conservator.
The
account
must
be
26
an
interest-bearing
account
at
a
reputable
bank
or
savings
27
association,
and
maintained
by
HHS
as
trustee
for
the
child.
28
All
moneys
in
the
account
must
be
released
to
the
child
upon
29
the
child
reaching
18
years
of
age.
30
The
bill
appropriates
$1.2
million
to
HHS
for
FY
2025-2026
to
31
be
used
for
the
payment
of
foster
care
costs
for
children
who
32
receive
benefits.
33
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