Relating to aid, processes, services, and reimbursement for services associated with children in, adopted from, or in need of foster care

The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly. This bill relates to aid, processes, services, and reimbursement for services associated with children in, adopted from, or in need of foster care. The bill allows a court to adjudicate a child in need of assistance (CINA) when the child requires treatment to cure or alleviate a serious chemical dependency or mental or behavioral health disorder that compromises the child’s safety or causes untoward aggressive behavior toward others in the household or the child’s community, and the child’s parent, guardian, or custodian (parent) is unwilling or unable to provide such treatment, or the parent’s efforts to secure needed treatment have been exhausted and unsuccessful. Under current law, to be adjudicated a CINA, a child must need treatment to cure or alleviate a serious mental illness or disorder, or emotional damage as evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward the child’s self or others and the child’s parent is unwilling to provide such treatment. The bill eliminates the requirement that certain reimbursements to foster parents must be based on percent of the United States department of agriculture estimate of the cost to raise a child in the calendar year immediately preceding the fiscal year, and eliminates the additional stipend for special needs children. Instead, the bill requires the department of health and human services (HHS) to adopt rules relating to the foster parent reimbursement rates (rates) and to review the rates no less than once every three years. The bill requires HHS to reimburse an adoption petitioner for the costs of the preplacement and postplacement investigations related to the adoption up to a maximum amount of $2,000 per investigation. The bill prohibits HHS from making such reimbursements until the person performing the preplacement background check approves the adoption petitioner’s initial required background checks. Under current law, with some exceptions, a person who petitions for the termination of parental rights will be responsible for the reasonable attorney fees of an attorney appointed by the court to represent a parent in the termination of parental rights proceeding. The bill adds a licensed attorney as a person who is excepted from the responsibility of paying a parent’s reasonable attorney fees in a termination of parental rights proceeding.96A(13).