Senate File 481 - Introduced SENATE FILE 481 BY TRONE GARRIOTT A BILL FOR An Act relating to certain benefits received by children in 1 foster care, and making an appropriation. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1718XS (4) 91 dg/ko
S.F. 481 Section 1. Section 234.37, Code 2025, is amended to read as 1 follows: 2 234.37 Department may establish accounts for certain 3 children. 4 1. For purposes of this section: 5 a. Benefits means benefits received under the federal 6 Social Security Act or from a court order requiring payment of 7 child support. 8 b. Child means a child as defined in section 234.1, who is 9 described by any of the following: 10 (1) The child was committed to the director or the 11 directors designee. 12 (2) The childs legal custody has been transferred to the 13 department. 14 (3) The child was voluntarily placed in foster care pursuant 15 to section 234.35. 16 2. a. The department may establish an account in the name 17 of any a child committed to the director or the directors 18 designee, or whose legal custody has been transferred to 19 the department, or who is voluntarily placed in foster care 20 pursuant to section 234.35 . Any money which the child receives 21 from the United States government or any private source shall 22 be placed in the childs account , unless a guardian of the 23 childs property has been . If a conservator appointed and for 24 the child under section 633.554 demands the money, in which 25 case it the moneys in the childs account shall be paid to the 26 guardian conservator . The 27 b. An account established for a child under this subsection 28 shall be an interest-bearing account at a reputable bank or 29 savings association, and maintained by the department as 30 trustee for the child in an interest-bearing account at a 31 reputable bank or savings association, except that if the . 32 c. If a child is residing at an institution administered 33 by the department , a limited amount of the childs funds 34 described in paragraph a may be maintained at the institution 35 -1- LSB 1718XS (4) 91 dg/ko 1/ 3
S.F. 481 in a separate account, which need not may be interest bearing 1 a non-interest-bearing account , in the childs name at the 2 institution . Any money 3 d. Moneys held in an account in the a childs name or 4 in trust for the a child under this section subsection may 5 be used, at the discretion of the department and subject to 6 restrictions lawfully imposed by the United States government 7 or other source from which the child receives the funds, for 8 the purchase of personal incidentals, desires , and comforts of 9 the child. 10 e. All of the money moneys held for a child by the 11 department under this section subsection, and not used in the 12 childs behalf as authorized by law , shall be promptly paid to 13 the child , or the childs parent , or the childs legal guardian 14 upon termination of the childs commitment of the child to 15 the director or the directors designee, or upon transfer or 16 cessation of the departments legal custody of the child by the 17 department . 18 3. Notwithstanding subsection 1, the department shall 19 establish a separate benefits account in the name of a child 20 under eighteen years of age if the child receives benefits. 21 Benefits the child receives shall be deposited in the childs 22 account. If a conservator appointed for the child under 23 section 633.554 demands the money, the moneys in the childs 24 benefits account shall be paid to the conservator. 25 a. An account established for a child under this subsection 26 shall be an interest-bearing account at a reputable bank or 27 savings association, and maintained by the department as 28 trustee for the child. 29 b. All moneys held for a child by the department under 30 this subsection shall be released to the child upon the child 31 reaching eighteen years of age. 32 Sec. 2. DEPARTMENT OF HEALTH AND HUMAN SERVICES PAYMENT 33 OF FOSTER CARE. There is appropriated from the general fund of 34 the state to the department of health and human services for 35 -2- LSB 1718XS (4) 91 dg/ko 2/ 3
S.F. 481 the fiscal year beginning July 1, 2025, and ending June 30, 1 2026, the following amount, or so much thereof as is necessary, 2 to be used for the purposes designated: 3 For the payment of foster care costs for children who receive 4 benefits under the federal Social Security Act or from a court 5 order requiring payment of child support: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,200,000 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanations substance by the members of the general assembly. 10 This bill relates to social security benefits and child 11 support benefits (benefits) for children receiving foster care. 12 The bill defines child as a person who is less than 18 13 years of age, or a person who is 18, 19, or 20 years of age if 14 the person meets certain conditions, and who was committed to 15 the director of the department of health and human services 16 (HHS) or the directors designee; whose legal custody has been 17 transferred to HHS; or who was voluntarily placed in foster 18 care. 19 The bill requires the department of health and human 20 services (HHS) to establish a benefits account (account) 21 in the name of any child under 18 years of age if the child 22 receives benefits. Any benefits the child receives must be 23 placed in the childs account. If a conservator makes a demand 24 for moneys in the childs account, the moneys in the childs 25 account must be paid to the conservator. The account must be 26 an interest-bearing account at a reputable bank or savings 27 association, and maintained by HHS as trustee for the child. 28 All moneys in the account must be released to the child upon 29 the child reaching 18 years of age. 30 The bill appropriates $1.2 million to HHS for FY 2025-2026 to 31 be used for the payment of foster care costs for children who 32 receive benefits. 33 -3- LSB 1718XS (4) 91 dg/ko 3/ 3