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IA SF329

A bill for an act relating to the delegation of custodial rights and duties with respect to a child.(See SF 554.)


summary

Introduced
02/17/2025
In Committee
02/19/2025
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 a child’s participation in an individualized education program, or emergency or routine medical care for a child that will allow the child to experience childhood and participate in activities in a manner similar to the child’s peers. “Routine medical care” includes but is not limited to sports physicals performed by a licensed health care provider, medically necessary blood tests performed by a licensed health care provider, and the use of medically necessary antibiotics prescribed by a licensed health care provider. The bill requires HHS to notify an individual licensee if HHS delegates HHS’s right to consent to emergency or routine medical care, or participation in an individualized education program, on behalf of a child to the individual licensee.

AI Summary

This bill modifies Iowa law regarding the custodial rights and responsibilities for children under the care of the Department of Health and Human Services (HHS). The bill expands HHS's ability to delegate its custodial rights and duties to licensed foster care providers, specifically allowing HHS to consent to emergency and routine medical care for children in its custody, even if a parent or guardian retains some residual rights. "Routine medical care" is explicitly defined to include sports physicals, medically necessary blood tests, and prescribed antibiotics. The bill requires HHS to notify individual licensees when it delegates its rights to consent to medical care or participation in individualized education programs. This change aims to ensure that children in state custody can receive necessary medical care and educational support, allowing them to experience childhood and participate in activities similar to their peers. The bill provides more flexibility for HHS in managing the care of children under its legal custody while maintaining notification requirements for the licensed care providers.

Committee Categories

Health and Social Services, Justice

Sponsors (1)

Last Action

Committee report approving bill, renumbered as SF 554. S.J. 436. (on 03/06/2025)

bill text


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