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Bill > SF554


IA SF554

A bill for an act relating to the delegation of custodial rights and duties with respect to a child.(Formerly SF 329.)


summary

Introduced
03/06/2025
In Committee
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 preventative care, also known as wellness care, not including the administration of a vaccination; nonemergency medical care; and use of necessary medication. The bill requires HHS to notify an individual licensee and the parents of a child if HHS delegates HHS’s right to consent to emergency or routine medical care, or participation in an individualized education program (IEP), on behalf of the child to the individual licensee. The bill requires HHS to notify the department of education if HHS delegates the right to consent to participation in an IEP on behalf of a child to an individual licensee.

AI Summary

This bill modifies Iowa law regarding the custodial rights and duties of the Department of Health and Human Services (HHS) when a court transfers legal custody of a child to the department. The bill allows HHS to delegate its custodial rights and duties to a licensed child foster care provider, including the duty to protect, train, and discipline the child, provide basic necessities like food and housing, and consent to emergency and routine medical care. The bill clarifies that these delegated rights are subject to any remaining rights of the child's parent or guardian, but HHS can still consent to medical care and educational programs that help the child participate in activities like their peers. "Routine medical care" is defined to include preventative care (excluding vaccinations), nonemergency medical visits, and necessary medication. Additionally, the bill requires HHS to notify the individual licensee, the child's parents or guardians, and in the case of educational programs, the Department of Education, when HHS delegates its rights to consent to medical care or participate in an Individualized Education Program (IEP).

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Health And Human Services (S)

Last Action

Withdrawn. S.J. 854. (on 04/22/2025)

bill text


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