Bill > HSB153

Introduced Session

This bill relates to services and support for youth and is organized by divisions. DIVISION I —— TREATMENT, PHYSICAL ASSESSMENTS, AND BEHAVIORAL HEALTH EVALUATIONS. Under current law, a psychiatric medical institution for children (PMIC) is an institution providing more than 24 hours of continuous care involving long-term psychiatric services to 3 or more children in residence for expected periods of 14 days or more for diagnosis and evaluation, or for expected periods of 90 days or more for treatment. The bill exempts PMICs from licensing requirements for maintaining or conducting programs with the primary purpose of treating and rehabilitating persons with a substance use disorder. The bill defines “approved qualifying organization” as the joint commission, the commission on the accreditation of rehabilitation facilities, the council on accreditation, a nationally recognized accrediting organization that operates in conformance with federal regulations and has accreditation S.F. _____ H.F. _____ standards comparable to the previously mentioned entities, or an entity specified by the department of inspections, appeals, and licensing (DIAL) by rule created in consultation with the department of health and human services (HHS). The bill defines “mental health disorder” as a mental disorder as defined in the most recent version of the diagnostic and statistical manual of mental disorders published by the American psychiatric association, or a mental disorder as defined in the most recent version of the international classification of diseases published by the world health organization. The bill defines “protective locked environment” as a setting that prevents egress from a building or grounds as a protective measure to ensure safety and security. The bill defines “record check evaluation system” as the record check evaluation system of HHS used to perform child and dependent adult abuse record checks and to evaluate criminal history and abuse records. The bill defines “serious emotional disturbance disorder” as a diagnosable mental, behavioral, or emotional disorder of sufficient duration to result in a functional impairment and that meets the diagnostic criteria in the most current diagnostic and statistical manual of mental disorders published by the American psychiatric association. “Serious emotional disturbance disorder” does not include a substance use or developmental disorder unless such disorder co-occurs with a diagnosable disorder that would otherwise constitute a serious emotional disturbance disorder. The bill defines “substance use disorder” as a diagnosable substance use disorder of sufficient duration to meet diagnostic criteria specified within the most current diagnostic and statistical manual of mental disorders published by the American psychiatric association that results in a functional impairment. The bill defines “youth” as a person who is less than 21 S.F. _____ H.F. _____ years of age. The bill describes the nature of care a PMIC must offer youth with a serious emotional disturbance disorder (SEDD), substance use disorder (SUD), or both. Under current law, a person who establishes a PMIC must also hold a license under Code chapter 237 (child foster care facilities) as a comprehensive residential facility for children, or hold a license under Code chapter 125 (substance use disorders) if the facility provides SUD treatment. The bill eliminates the requirement that a PMIC holds either of these additional licenses, and instead requires that an applicant for a PMIC license specify whether the applicant will provide SEDD services, SUD services, or both. A PMIC may only provide services for which it is licensed. The bill eliminates the requirement that a proposed PMIC be under the direction of an agency which has previously operated a facility for children or adolescents and meets or exceeds requirements for licensure as a comprehensive residential facility for children. The bill requires DIAL, in cooperation with HHS, to adopt rules to allow a PMIC to use a protective locked environment at the PMIC. Under current law, following the hospitalization hearing on an involuntary commitment petition, if the court finds by clear and convincing evidence that the respondent has a serious mental impairment, the court shall order the respondent committed for a complete psychiatric evaluation and appropriate treatment. The chief medical officer (CMO) of the hospital or facility at which a respondent is committed must report to the court no more than 15 days after the date the respondent is placed, making a recommendation for disposition of the matter. The bill allows a court to place a minor respondent in a public hospital and allows a CMO of the hospital no more than 30 days after the date the minor respondent is placed to make a recommendation for disposition of the matter. S.F. _____ H.F. _____ The bill defines “behavioral health evaluation” as a comprehensive evaluation of a person’s mental and behavioral health by a person licensed under Code chapter 154B (psychology), 154C (social work), or 154D (behavioral science) for purposes including but not limited to identifying a possible behavioral health condition. The bill defines “physical assessment” as direct physical touching, viewing, and medically necessary manipulation of any area of a child’s body by a licensed physician. The bill also defines “behavioral health condition” for purposes of Code chapter 232 (juvenile justice). The bill replaces several references to a physical or mental examination with references to a physical assessment (PA) or behavioral health evaluation (BHE) and replaces references to a person’s abuse of alcohol or other controlled substances with references to the person having a behavioral health condition. Under current law, one of several specific circumstances must exist before a juvenile court has the authority to enter an ex parte order to direct a peace officer or a juvenile court officer to take custody of a child before or after the filing of a petition under Code chapter 232 (juvenile justice). The bill adds the circumstance when the child’s parent, guardian, or legal custodian consents to the removal as a condition that would permit a juvenile court to enter such an ex parte order. The bill creates similar provisions for when a juvenile court may enter an ex parte order for a child to undergo an inpatient PA or an inpatient BHE and when a person authorized to conduct a preliminary investigation in response to a complaint may motion to ask the court to order a child to undergo an inpatient PA or an inpatient BHE. The bill authorizes a court, after a dispositional hearing, to order a child in a child in need of assistance (CINA) proceeding or a family in need of assistance (FINA) proceeding to receive an inpatient PA, an inpatient BHE, or both, at the state training school (STS) if HHS requests such an order. S.F. _____ H.F. _____ A child ordered to the STS pursuant to a CINA proceeding or a FINA proceeding must be separated at all times from children placed in the STS pursuant to a juvenile delinquency proceeding. Under current law, the court in a CINA or FINA proceeding is prohibited from placing a child in the STS for any reason. The bill exempts a PMIC from licensing requirements for child foster care. The bill directs HHS and DIAL to adopt rules pertaining to the use of seclusion and restraints at certain facilities as detailed in the bill. The bill makes conforming changes to Code chapters 135H (psychiatric medical institutions for children) and 232 (juvenile justice). The bill repeals 2024 Iowa Acts, chapter 1161, sections 97 and 98. DIVISION II —— EXEMPTION FROM CHILDREN’S RESIDENTIAL FACILITY CERTIFICATION. The bill provides an exception from the definition of “children’s residential facility” under Code chapter 237C, for care furnished by a live-in facility that provides intensive medical care and support for individuals who require ongoing treatment if the facility only furnishes care to persons 16 years of age and older and HHS is paying for each person’s care from the facility under a federally approved home and community-based services waiver or under another provision of the medical assistance program. By operation of law, the excepted live-in facilities are exempt from children’s residential facility requirements, including certification. DIVISION III —— DIRECTOR OF JUVENILE COURT SERVICES —— CHIEF JUVENILE COURT OFFICERS. Under current law, the chief juvenile court officers are appointed, terminated for cause, and otherwise act under the direction and supervision of the chief judge for the judicial district in which the chief juvenile court officer was appointed. The bill transfers the chief judges’ authority over chief juvenile court officers to the director of juvenile court services. S.F. _____ H.F. _____ DIVISION IV —— HAWKI ELIGIBILITY —— PUBLIC INSTITUTION INMATES. The bill defines “public institution” to mean the same as defined in 42 C.F.R. §435.1010. Current law does not permit a child who is an inmate in a public institution to be eligible for the Hawki program. The bill requires HHS to suspend, but not terminate, Hawki program eligibility for a child in a public institution if the child is otherwise eligible for the Hawki program except for the child’s status as an inmate, the child was enrolled in the Hawki program at the time the child was committed to the public institution, and 30 calendar days have elapsed since the date the child was committed to the public institution. A child’s suspension of Hawki benefits must continue for the duration of the child’s commitment to a public institution. The bill requires the public institution to which a child is committed and HHS to provide monthly reports and expedite the restoration of the child’s Hawki benefits upon the child’s discharge from the public institution. The bill requires HHS to adopt rules to administer the bill’s provisions related to Hawki benefits for children committed to a public institution. DIVISION V —— CORRECTIVE CHANGES. The bill updates references to certain accrediting organizations through the Code, corrects a reference throughout the Code related to the citation for the definition of “reasonable efforts”, and changes the term “legal custodian” to the defined term “custodian”.

Committee Categories

No sponsors listed

Other Sponsors (1)

Committee report approving bill, renumbered as HF 833. (on 03/07/2025)

Official Document