Bill Summary – FastDemocracy

House File 2671 - Introduced
                                  HOUSE FILE 2671
                                  BY COMMITTEE ON APPROPRIATIONS
                                  (SUCCESSOR TO HF 2242)
                            A BILL FOR
An Act relating to aid, processes, services, and support
  staff for children in, adopted from, or in need of foster
  care, including the establishment of a legal representation
  for juvenile cases interim study committee, and making
  appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 232.96A, subsection 6, Code 2024, is
 amended to read as follows:
    6. The child is in need of treatment to cure or alleviate a
 serious chemical dependency or mental illness or disorder, or
 emotional damage as evidenced by severe anxiety, depression,
 withdrawal, or behavioral health disorder that compromises
 the child’s safety or causes untoward aggressive behavior
 toward the child’s self or others in the household, and the
 child’s parent, guardian, or custodian is unwilling to provide
 such treatment or the parent’s, guardian’s, or custodian’s
 efforts to secure needed treatment have been exhausted and
 unsuccessful.
    Sec. 2. Section 232.96A, subsections 11, 12, and 13, Code
 2024, are amended by striking the subsections.
    Sec. 3. Section 234.38, Code 2024, is amended to read as
 follows:
    234.38 Foster care reimbursement rates.
    The department shall make reimbursement payments directly
 to foster parents for services provided to children pursuant
 to section 234.6, subsection 1, paragraph “e”, subparagraph
 (2), or section 234.35. In any fiscal year, the reimbursement
 rate shall be based upon sixty-five percent of the United
 States department of agriculture estimate of the cost to raise
 a child in the calendar year immediately preceding the fiscal
 year. The department may pay an additional stipend for a child
 with special needs. The department shall review reimbursement
 payment rates paid to foster parents under this section no less
 than once every three years. The department shall adopt rules
 to implement this section.
    Sec. 4. Section 234.39, subsection 2, Code 2024, is amended
 to read as follows:
    2. a. A person entitled to periodic support payments
 pursuant to an order or judgment entered in any action for
 support, who also is or has a child receiving foster care
 services, is deemed to have assigned to the department
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 current and accruing support payments attributable to the
 child effective as of the date the child enters foster care
 placement, to the extent of expenditure of foster care funds.
 The department shall notify the clerk of the district court
 when a child entitled to support payments is receiving foster
 care services pursuant to chapter 234. Upon notification
 by the department that a child entitled to periodic support
 payments is receiving foster care services, the clerk of
 the district court shall make a notation of the automatic
 assignment in the judgment docket and lien index. The notation
 constitutes constructive notice of assignment. The clerk of
 court shall furnish the department with copies of all orders
 and decrees awarding support when the child is receiving
 foster care services. At the time the child ceases to receive
 foster care services, the assignment of support shall be
 automatically terminated. Unpaid support accrued under the
 assignment of support rights during the time that the child was
 in foster care remains due to the department up to the amount
 of unreimbursed foster care funds expended. The department
 shall notify the clerk of court of the automatic termination
 of the assignment. Unless otherwise specified in the support
 order, an equal and proportionate share of any child support
 awarded shall be presumed to be payable on behalf of each child
 subject to the order or judgment for purposes of an assignment
 under this section.
    b. This subsection shall not apply when a child is placed
 with a relative or fictive kin as those terms are defined in
 section 232.2, who is not licensed under chapter 237 to provide
 child foster care.
    Sec. 5. Section 600.8, subsection 3, Code 2024, is amended
 to read as follows:
    3. a. The department, an agency, or a certified adoption
 investigator shall conduct all investigations and reports
 required under subsection 2.
    b. The department shall pay the costs of the preplacement
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 investigation and the postplacement investigation under
 subsection 2, up to a maximum of two thousand dollars for the
 preplacement investigation and up to a maximum of two thousand
 dollars for the postplacement investigation.
    c. The department shall not pay the costs of the
 preplacement investigation or the postplacement investigation
 as required under paragraph “b” until a prospective adoption
 petitioner has been approved under subsection 1, paragraph “a”,
 subparagraph (3), by the person making the investigation.
    Sec. 6. 2023 Iowa Acts, chapter 112, section 7, subsection
 7, is amended to read as follows:
    7. For child and family protective services:
 .................................................. $ 32,380,654
                                                       35,380,654
    Of the funds appropriated in this subsection, up to
 $3,000,000 shall be used for the kinship caregiver stipend
 program.
    Sec. 7. DEPARTMENT OF HEALTH AND HUMAN SERVICES ——
 SUPERVISOR TO SOCIAL WORKER RATIO REDUCTION. There is
 appropriated from the general fund of the state to the
 department of health and human services for the fiscal year
 beginning July 1, 2024, and ending June 30, 2025, the following
 amount, or so much thereof as is necessary, to be used for the
 purposes designated:
    To lower the required ratio of supervisors to social workers
 from one supervisor for every six and one-half social workers
 to one supervisor for every five social workers:
 .................................................. $ 2,623,748
    Notwithstanding section 8.33, moneys appropriated under this
 section shall not revert at the close of the fiscal year, but
 shall remain available for the purposes designated.
    Sec. 8. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— FOSTER
 FAMILY CARE PER DIEM RATE INCREASE. There is appropriated from
 the general fund of the state to the department of health and
 human services for the fiscal year beginning July 1, 2024, and
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 ending June 30, 2025, the following amount, or so much thereof
 as is necessary, to be used for the purposes designated:
    To increase foster care reimbursement rates paid pursuant
 to section 234.38, ten percent higher than the rates in effect
 on June 30, 2024:
 .................................................. $     617,530
    Notwithstanding section 8.33, moneys appropriated under this
 section shall not revert at the close of the fiscal year, but
 shall remain available for the purposes designated.
    Sec. 9. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— ADOPTION
 SUBSIDY RATE INCREASE. The department of health and human
 services shall amend its administrative rules pursuant to
 chapter 17A to increase the adoption subsidy paid to persons
 pursuant to section 600.17 ten percent higher than the rates
 in effect on June 30, 2024, provided that the person qualified
 for the payments by adopting a child on or after the effective
 date of this Act.
    Sec. 10. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— LEGAL
 REPRESENTATION FOR JUVENILE CASES INTERIM STUDY COMMITTEE.
    1. The department of health and human services shall
 establish a legal representation for juvenile cases interim
 study committee for the 2024 interim to investigate, study, and
 propose legislation relating to client-directed representation
 for children in juvenile court cases.
    2. The committee shall consist of the following voting
 members:
    a. Two members of the house of representatives, one
 of whom shall be appointed by the speaker of the house of
 representatives and one of whom shall be appointed by the
 minority leader of the house of representatives.
    b. Two members of the senate, one of whom shall be appointed
 by the majority leader of the senate and one of whom shall be
 appointed by the minority leader of the senate.
    3. The committee shall also following ex officio, nonvoting
 members:
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    a. The state public defender.
    b. A person who works for an organization providing advocacy
 for kids, appointed by the governor.
    c. A juvenile court judge, appointed by the judicial branch.
    d. A county attorney working in juvenile courts, appointed
 by the Iowa county attorneys association.
    4. The committee shall submit a report to the general
 assembly by January 10, 2025.
    Sec. 11. EFFECTIVE DATE. The section of this Act amending
 2023 Iowa Acts, chapter 112, section 7, subsection 7, being
 deemed of immediate importance, takes effect upon enactment.
                           EXPLANATION
         The inclusion of this explanation does not constitute agreement with
          the explanation’s substance by the members of the general assembly.
    This bill relates to aid, processes, services, and support
 staff for children in, adopted from, or in need of foster care,
 including the establishment of a legal representation for
 juvenile cases interim study committee.
    The bill allows a court to adjudicate a child in need
 of assistance when the child requires treatment to cure or
 alleviate a serious chemical dependency or mental or behavioral
 health disorder that compromises the child’s safety or causes
 untoward aggressive behavior toward others in the household,
 and the child’s parent, guardian, or custodian is unwilling
 to provide such treatment, or the parent’s, guardian’s, or
 custodian’s efforts to secure needed treatment have been
 exhausted and unsuccessful. Under current law, the child would
 need treatment to cure or alleviate a serious mental illness or
 disorder, or emotional damage as evidenced by severe anxiety,
 depression, withdrawal, or untoward aggressive behavior toward
 the child’s self or others and the child’s parent, guardian, or
 custodian is unwilling to provide such treatment.
    The bill eliminates certain circumstances when a child may
 be adjudicated as a child in need of assistance.
    The bill removes the requirement that certain reimbursements
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 to foster parents must be based on 65 percent of the United
 States department of agriculture estimate of the cost to raise
 a child in the calendar year immediately preceding the fiscal
 year. The bill also removes the additional stipend for special
 needs children. Instead, the bill requires the department of
 health and human services (HHS) to adopt rules relating to the
 foster parent reimbursements and requires HHS to review the
 foster parent reimbursement rates no less than once every three
 years.
    Under current law, if a person is entitled to periodic
 support payments pursuant to an order or judgment entered in
 any action for support, and the person also is or has a child
 receiving foster care services, then the support payments
 are automatically assigned to HHS. The bill exempts support
 payments from automatic assignment to HHS if the support
 payments are related to a child placed with a relative or
 fictive kin as those terms are defined in Code section 232.2,
 who is not licensed under Code chapter 237 (child foster care
 facilities) to provide child foster care.
    The bill requires HHS to reimburse an adoption petitioner
 for the costs of the preplacement and postplacement
 investigations related to the adoption up to a maximum
 amount of $2,000 per investigation. The bill prohibits HHS
 from making such reimbursements until the person performing
 the preplacement background check approves the adoption
 petitioner’s initial required background checks.
    The bill renames the 2023 appropriation for child and family
 services from the federal temporary assistance for needy
 families block grant to “child protective services”. The bill
 also adds an additional $3 million to the appropriation and
 requires up to $3 million to be used from the appropriation for
 the kinship caregiver stipend program. This section of the
 bill is effective upon the bill’s enactment.
    The bill makes an appropriation from the general fund of the
 state to HHS for FY 2024-2025 in the amount of $2,623,748 to
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 be used to lower the required ratio of supervisors to social
 workers from one supervisor for every six and one-half social
 workers to one supervisor for every five social workers.
 Moneys so appropriated do not revert at the close of the fiscal
 year, but remain available for the purposes designated.
    The bill makes an appropriation from the general fund of
 the state to HHS for FY 2024-2025 in the amount of $617,530
 to increase reimbursement rates paid to foster parents for
 foster care provided to a child, or when the state is otherwise
 obligated to pay for a child’s foster care, 10 percent higher
 than the rates in effect as of June 30, 2024. The appropriated
 moneys do not revert at the close of the fiscal year, but
 remain available for the purposes designated.
    The bill requires HHS to amend its administrative rules to
 increase the adoption subsidy 10 percent higher than the rates
 in effect as of June 30, 2024, provided that the person to
 receive the adoption subsidy qualified for payments by adopting
 a child on or after the effective date of the bill.
    The bill requires HHS to establish a legal representation
 for juvenile cases interim study committee for the 2024
 legislative interim to investigate, study, and propose
 legislation relating to client-directed representation for
 children in juvenile court cases. The bill details who
 shall be the voting committee members. The bill requires the
 committee to submit a report to the general assembly by January
 10, 2025.
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Statutes affected: 
Introduced: 232.96A, 234.6, 232.2