Senate File 329 - Introduced SENATE FILE 329 BY SALMON A BILL FOR An Act relating to the delegation of custodial rights and 1 duties with respect to a child. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2557XS (3) 91 dg/ko
S.F. 329 Section 1. Section 232.2, subsection 12, paragraph c, Code 1 2025, is amended to read as follows: 2 c. (1) All rights and duties of a custodian shall be 3 subject to any residual rights and duties remaining in a parent 4 or guardian. 5 (2) Notwithstanding subparagraph (1), the department may 6 consent to emergency medical care and routine medical care for 7 a child that will allow the child to experience childhood and 8 participate in activities in a manner similar to the childs 9 peers. Routine medical care includes but is not limited to 10 all of the following: 11 (a) A sports physical performed by a licensed health care 12 provider. 13 (b) A medically necessary blood test performed by a licensed 14 health care provider. 15 (c) The use of a medically necessary antibiotic prescribed 16 by a licensed health care provider. 17 (3) Notwithstanding subparagraph (1), the department 18 may consent to a childs participation in an individualized 19 education program. 20 Sec. 2. Section 232.2, subsection 12, Code 2025, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . d. If a court order entered under this 23 chapter transfers legal custody of a child to the department, 24 the department shall have the authority to delegate the 25 departments rights and duties as custodian of the child to a 26 licensee under chapter 237. 27 Sec. 3. Section 237.10, subsection 1, Code 2025, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . d. (1) The department shall notify 30 an individual licensee if the department delegates the 31 departments right to consent to emergency medical care and 32 routine medical care on behalf of a child under section 232.2, 33 paragraph c , to the individual licensee. 34 (2) The department shall notify the department of education 35 -1- LSB 2557XS (3) 91 dg/ko 1/ 2
S.F. 329 and an individual licensee if the department delegates 1 the departments right to consent to participation in an 2 individualized education program on behalf of a child under 3 section 232.2, paragraph c , to the individual licensee. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanations substance by the members of the general assembly. 7 This bill relates to the delegation of custodial rights and 8 duties with respect to a child. 9 If a court transfers legal custody of a child to the 10 department of health and human services (HHS), the bill allows 11 HHS to delegate HHSs rights and duties as custodian of the 12 child to a person licensed to provide child foster care. 13 Delegable rights and duties are the duty to protect, train, 14 and discipline the child; the duty to provide food, clothing, 15 housing, and medical care for the child; and the right to 16 consent to emergency medical care. Delegable rights and duties 17 are subject to any residual rights and duties of the childs 18 parent or guardian. The bill clarifies that a parents or 19 guardians residual rights and duties do not preclude HHS from 20 consenting to a childs participation in an individualized 21 education program, or emergency or routine medical care for a 22 child that will allow the child to experience childhood and 23 participate in activities in a manner similar to the childs 24 peers. Routine medical care includes but is not limited to 25 sports physicals performed by a licensed health care provider, 26 medically necessary blood tests performed by a licensed health 27 care provider, and the use of medically necessary antibiotics 28 prescribed by a licensed health care provider. The bill 29 requires HHS to notify an individual licensee if HHS delegates 30 HHSs right to consent to emergency or routine medical care, or 31 participation in an individualized education program, on behalf 32 of a child to the individual licensee. 33 -2- LSB 2557XS (3) 91 dg/ko 2/ 2