Iowa House Bill HF374

Iowa 2025-2026 Regular Session

• Introduced: 2/13/25
• Refer: 2/13/25
• Refer: 2/17/25

Caption

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

Impact

The impact of HF374 could vary significantly across the state. By allowing HHS to delegate authority for routine medical care to licensed foster caregivers, the bill aims to facilitate better engagement of children in normal childhood activities. Specifically, HHS will now be permitted to consent to nonemergency medical care and necessary medication, thereby streamlining processes in child welfare while ensuring that children's healthcare needs are addressed promptly. This change is designed to enhance the overall wellbeing and participation of children in typical social experiences akin to their peers.

Summary

House File 374, also known as HF374, addresses the delegation of custodial rights and duties concerning children. The bill allows the Iowa Department of Health and Human Services (HHS) to delegate its rights and responsibilities as a child's custodian to individuals who are licensed to provide child foster care. This delegation includes significant responsibilities such as the duty to protect, train, and discipline the child, as well as the obligation to provide food, clothing, housing, and medical care. Importantly, the bill maintains that any residual rights of the child's parent or guardian are preserved, meaning that parental rights are not completely forfeited in the event of custodial delegation.

Contention

Notable points of contention surrounding HF374 may arise regarding the balance of power between state authorities and parental rights. Advocacy groups might express concerns about the implications of increasing state power in child custody cases, including allegations of possible overreach if custodial rights are perceived to be unduly stripped from parents. Additionally, discussions may focus on the adequacy of measures in place to ensure that the delegated authority is exercised appropriately and that children's welfare is prioritized. Overall, while the bill aims to clarify roles and facilitate care, it also necessitates scrutiny on how these changes affect family dynamics and parental engagement.