Bills › 88th General Assembly

SSB 1209Died when the session ended · February 28, 2019

SSB 1209

Topics:Health careFamilies & human servicesMental health & addiction

Same legislation: HSB 184, SF 477, HF 644

Where it is now

  1. Done: IntroducedMarch 5, 2019
  2. Done: SubcommitteeFebruary 26, 2019
  3. Done: Senate committeeMarch 5, 2019
  4. Done: Passes the SenateApril 23, 201949–0
  5. Skipped: House committeeSkipped
  6. Done: Passes the HouseMarch 19, 2019
  7. Done: To the GovernorApril 29, 2019
  8. Done: Signed into lawMay 10, 2019

HF 644 became law → The same legislation passed as HF 644, so this version was set aside. Go to HF 644 What’s a funnel?

What’s in it

This bill relates to juvenile justice including provisions relating to child foster care placement and parent visitation in child in need of assistance proceedings. CHILD FOSTER CARE. The bill requires a case permanency plan for a child placed in foster care to include certain information relating to the placement including certain care and services provided to the child that meet the child’s needs. The bill provides that the case permanency plan shall also include plans for retaining any suitable existing medical, dental, or mental health providers providing medical, dental, or mental health care to the child when the child entered foster care.

Read the full explanation

The bill directs the department of human services (DHS) to amend its administrative rules to provide that a case permanency plan for a child placed in foster care shall include information describing efforts to maintain suitable mental health care and medical health care in an effort to avoid inappropriate diagnoses of mental illness, other emotional or behavioral disorders, medically fragile conditions, and developmental disabilities. Under current law, when a child in foster care placement is years of age or older, a written transition plan of services is developed by DHS or the appropriate agency and the child’s parent, guardian, or custodian and included in the case permanency plan to assist the child in preparing to transition from foster care to adulthood. _____ and driver’s license or government-issued nonoperator’s identification card on or before the date the child reaches years of age, unless the child has been placed in foster care for less than days. The bill expands current law to provide that DHS shall also provide the child written verification of the child’s foster care status. Current law excludes from the definition of “child foster care” care provided by a relative of a child for more than days in one calendar year, where the child is not under the placement, care, or supervision of DHS. The bill amends this provision to instead provide that care provided by a relative of a child or an individual person with a meaningful relationship with the child, where the child is not under the placement, care, or supervision of DHS, is a care situation excluded from the definition. Under current law, an individual (defined as an individual person or a married couple who provides child foster care in a home environment) who is subject to licensure under Code chapter 237 (relating to child foster care facilities and licensure) as a foster parent, in addition to criminal and child abuse record checks, is required to provide the individual’s fingerprints to the department of public safety for submission through the state criminal history repository to the United States department of justice, federal bureau of investigation for a national criminal history check. The bill expands the scope of individuals who must provide fingerprints to include individuals being considered for licensure under Code chapter 237, or for employment involving direct responsibility for a child or in a facility where children reside, and individuals who will reside in a facility utilized by a licensee. _____ children reside, by a licensee under Code chapter 237, or for an individual who will reside in a facility utilized by a licensee and the individual does not have a record of crime or founded child abuse, or the department’s evaluation of the record has determined that the prohibition of the individual’s licensure or employment is not warranted, the individual may be provisionally approved for licensure or employment pending the outcome of the fingerprint-based criminal history check. However, such an individual shall not be licensed or be employed and an evaluation shall not be performed if the individual has been convicted of a felony-level offense including: a drug-related offense within the five-year period preceding the application date; child endangerment or neglect or abandonment of a dependent person; domestic abuse; a crime against a child, including but not limited to sexual exploitation of a minor; or a forcible felony. CHILD IN NEED OF ASSISTANCE —— PARENT VISITATION. Under current law, if a child is removed from the child’s home in a child in need of assistance proceeding based upon evidence indicating the presence of an illegal drug in the child’s body, unless the court finds that substantial evidence exists to believe that reasonable visitation or supervised visitation would cause an imminent risk to the child’s life or health, the court shall allow the child’s parent reasonable visitation or supervised visitation with the child. The bill strikes the provision relating to a removal from the child’s home based only upon evidence indicating the presence of an illegal drug in the child’s body.

Full bill text · What changed before it passed1

Senate subcommittee

Named February 26, 2019. On February 28, 2019 it recommended passage.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Fiscal note

AI summary This bill implements federal changes to child welfare services by updating medical and mental health protocols, changing transition plan requirements, and increasing background check standards for residential facility employees. The state's General Fund will face one-time costs of $130,000 in fiscal year 2020 for computer system updates and $85,000 in fiscal year 2020 for background checks. Following fiscal year 2020, the state expects to spend $19,000 annually for background checks.2

Read the fiscal note

Description

House File 644 makes changes to the Iowa Code to begin implementation of the federal Family First Prevention Services Act (FFPSA) (Pub. L. No. 115-123, Title VII). Sections 1 and 7 of the Bill require protocols to ensure children maintain suitable existing medical, dental, or mental health provider relationships so that children are not inappropriately placed in nonfamily settings due to an inappropriate diagnosis of mental illness, behavioral disorders, medically fragile conditions, or developmental disabilities. Section 2 requires the Department of Human Services (DHS) to include “Proof of Foster Care” letters as part of a child’s transition plan.

Sections 5 and 6 amend Iowa Code section 237.8 regarding background checks related to hiring of employees working in residential facilities. Current law requires a fingerprint-based criminal history check for prospective employees “with access to a child when the child is alone.” The FFPSA raises the standard to require the national fingerprint-based criminal history check for anyone working in a facility where children reside.

Background

The FFPSA was a provision of the Bipartisan Budget Act of 2018 and will dramatically change child welfare systems across the country. The FFPSA includes a major change in the way federal Title IV-E funds can be spent by states. Title IV-E funds previously could be used only to help with the costs of foster care maintenance for eligible children; administrative expenses to manage the program; training for staff, foster parents, and certain private agency staff; adoption assistance; and kinship guardianship assistance.

Under FFPSA, states, territories, and tribes with an approved Title IV-E plan have the option to use these funds for prevention services that would allow “candidates for foster care” to stay with their parents or relatives. States will be reimbursed for prevention services for up to 12 months. A written, trauma-informed prevention plan must be created and services will need to be evidence-based. Iowa’s current implementation timeline is to have an approved Title IV-E plan in place by July 1, 2020. Conversely, the federal government will place restrictions on Title IV-E funding for group care placements.

Assumptions

  • The current Iowa Child Welfare Information System and Medicaid System would need to be updated to allow for efficiencies of pulling medical data from the Medicaid System and making it available for a caseworker. This is estimated to take 2,380 hours of work.
  • The current Child Welfare Information System would need updates to autogenerate foster care age-out letters. This is estimated to take 190 hours of work.
  • One hour of system updating costs $105.
  • Federal matching funds are available for computer programming costs.
  • In 2019, there were approximately 1,900 staff employed at residential facilities in Iowa.
  • On an ongoing basis, 25.0% staff turnover at these residential facilities will require an additional 475 fingerprint-based criminal history checks in successive years. This turnover will only be half realized in the first year.
  • Each fingerprint-based criminal history check costs $40. The DHS intends to pay for these background checks, but could also pass along the costs to the providers or applicants.

Fiscal Impact

Total costs for computer system updates are estimated at $270,000. Of this amount, the State will be responsible for covering an estimated $130,000. These will be one-time costs in FY 2020. These costs were covered by the Technology Reinvestment Fund appropriations for the Family and Children Services System (HF 765, FY 2020 Infrastructure Appropriations Bill). The cost for background checks is estimated at $85,000 in FY 2020, and $19,000 annually thereafter. This cost is planned to be absorbed into the Child and Family Services General Fund appropriation included in HF 766 (FY 2020 Health and Human Services Appropriations Bill).

Sources

  • Department of Human Services
  • National Conference of State Legislatures
  • Legislative Services Agency calculations

The estimate held steady

  1. $270,000 March 11, 2019
  2. $270,000 March 11, 2019
  3. $270,000 June 3, 2019 · final
3

Reading a fiscal note4

Iowa Code it changes

Amends§232.107§232.2§237.1§237.8

How the Code works5

Lobbying

7 for · 0 against · 17 undecided · Who →

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