Bill

Bill > HF374


IA HF374

IA HF374
A bill for an act relating to the delegation of custodial rights and duties with respect to a child.(See HF 644.)


summary

Introduced
02/13/2025
In Committee
02/17/2025
Crossed Over
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

This bill relates to the delegation of custodial rights and duties with respect to a child. If a court transfers legal custody of a child to the department of health and human services (HHS), the bill allows HHS to delegate HHS’s rights and duties as custodian of the child to a person licensed to provide child foster care. Delegable rights and duties are the duty to protect, train, and discipline the child; the duty to provide food, clothing, housing, and medical care for the child; and the right to consent to emergency medical care. Delegable rights and duties are subject to any residual rights and duties of the child’s parent or guardian. The bill clarifies that a parent’s or guardian’s residual rights and duties do not preclude HHS from consenting to routine medical care for a child that will allow the child to engage in normal childhood experiences and participate in activities in a manner similar to the child’s peers. “Routine medical care” includes but is not limited to preventative care not including the administration of a vaccination, nonemergency medical care, and the use of necessary medication. The bill requires HHS to notify an individual licensee if HHS delegates HHS’s right to consent to routine medical care on behalf of a child to the individual licensee.

AI Summary

This bill modifies Iowa law regarding the custodial rights and duties of children under the care of the Department of Health and Human Services (HHS). The bill allows HHS, when a court transfers legal custody of a child to the department, to delegate its custodial rights and duties to a licensed child foster care provider. These delegable rights include the duties to protect, train, discipline, provide basic necessities like food, clothing, housing, and medical care, as well as the right to consent to emergency medical care. The bill importantly clarifies that while a parent or guardian retains some residual rights, HHS can still consent to "routine medical care" to help children engage in normal childhood experiences. Routine medical care is defined broadly to include preventative wellness care (excluding vaccinations), nonemergency medical visits, diagnostic tests, and necessary medications. Additionally, the bill requires HHS to notify the individual licensee when it delegates its right to consent to routine medical care. These changes aim to provide more flexibility and clarity in managing the care of children in the state's custody while ensuring their well-being and ability to participate in age-appropriate activities.

Committee Categories

Health and Social Services, Justice

Sponsors (1)

Last Action

Withdrawn. H.J. 660. (on 03/14/2025)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...