Read the full stored bill text
Senate
File
554
-
Introduced
SENATE
FILE
554
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
SF
329)
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)
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
(3)
Notwithstanding
subparagraph
(1),
the
department
19
may
consent
to
a
child’s
participation
in
an
individualized
20
education
program.
21
Sec.
2.
Section
232.2,
subsection
12,
Code
2025,
is
amended
22
by
adding
the
following
new
paragraph:
23
NEW
PARAGRAPH
.
d.
If
a
court
order
entered
under
this
24
chapter
transfers
legal
custody
of
a
child
to
the
department,
25
the
department
shall
have
the
authority
to
delegate
the
26
department’s
rights
and
duties
as
custodian
of
the
child
to
a
27
licensee
under
chapter
237.
28
Sec.
3.
Section
237.10,
subsection
1,
Code
2025,
is
amended
29
by
adding
the
following
new
paragraph:
30
NEW
PARAGRAPH
.
d.
(1)
The
department
shall
notify
an
31
individual
licensee,
and
the
parents
or
guardians
of
a
child,
32
if
the
department
delegates
the
department’s
right
to
consent
33
to
emergency
medical
care
and
routine
medical
care
on
behalf
of
34
the
child
under
section
232.2,
paragraph
“c”
,
to
the
individual
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554
licensee.
1
(2)
The
department
shall
notify
the
department
of
2
education,
an
individual
licensee,
and
the
parents
or
guardians
3
of
a
child
if
the
department
delegates
the
department’s
right
4
to
consent
to
participation
in
an
individualized
education
5
program
on
behalf
of
the
child
under
section
232.2,
paragraph
6
“c”
,
to
the
individual
licensee.
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
the
delegation
of
custodial
rights
and
11
duties
with
respect
to
a
child.
12
If
a
court
transfers
legal
custody
of
a
child
to
the
13
department
of
health
and
human
services
(HHS),
the
bill
allows
14
HHS
to
delegate
HHS’s
rights
and
duties
as
custodian
of
the
15
child
to
a
person
licensed
to
provide
child
foster
care.
16
Delegable
rights
and
duties
are
the
duty
to
protect,
train,
17
and
discipline
the
child;
the
duty
to
provide
food,
clothing,
18
housing,
and
medical
care
for
the
child;
and
the
right
to
19
consent
to
emergency
medical
care.
Delegable
rights
and
duties
20
are
subject
to
any
residual
rights
and
duties
of
the
child’s
21
parent
or
guardian.
22
The
bill
clarifies
that
a
parent’s
or
guardian’s
residual
23
rights
and
duties
do
not
preclude
HHS
from
consenting
to
a
24
child’s
participation
in
an
individualized
education
program,
25
or
emergency
or
routine
medical
care
for
a
child
that
will
26
allow
the
child
to
experience
childhood
and
participate
in
27
activities
in
a
manner
similar
to
the
child’s
peers.
“Routine
28
medical
care”
includes
but
is
not
limited
to
preventative
care,
29
also
known
as
wellness
care,
not
including
the
administration
30
of
a
vaccination;
nonemergency
medical
care;
and
use
of
31
necessary
medication.
32
The
bill
requires
HHS
to
notify
an
individual
licensee
and
33
the
parents
of
a
child
if
HHS
delegates
HHS’s
right
to
consent
34
to
emergency
or
routine
medical
care,
or
participation
in
an
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554
individualized
education
program
(IEP),
on
behalf
of
the
child
1
to
the
individual
licensee.
The
bill
requires
HHS
to
notify
2
the
department
of
education
if
HHS
delegates
the
right
to
3
consent
to
participation
in
an
IEP
on
behalf
of
a
child
to
an
4
individual
licensee.
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