This bill amends existing laws regarding the delegation of custodial rights and duties for children when legal custody is transferred to the Department of Health and Human Services (HHS). It allows HHS to delegate its rights and responsibilities as a custodian to licensed individuals providing child foster care. The rights and duties that can be delegated include the duty to protect, train, and discipline the child, as well as the provision of food, clothing, housing, and medical care. Importantly, these delegated responsibilities remain subject to any residual rights and duties of the child's parent or guardian.
Additionally, the bill clarifies that HHS can consent to a child's participation in individualized education programs and to emergency and routine medical care, which is essential for the child's development and social participation. Routine medical care is defined to include sports physicals, medically necessary blood tests, and prescribed antibiotics. HHS is also required to notify individual licensees when it delegates the authority to consent to medical care or educational participation, ensuring that all parties are informed of the custodial arrangements and responsibilities.
Statutes affected: Introduced: 232.2, 237.10