Relating to the delegation of custodial rights and duties with respect to a child

This bill relates to the delegation of custodial rights and duties with respect to a child. If a court transfers legal custody of a child to the department of health and human services (HHS), the bill allows HHS to delegate HHS’s rights and duties as custodian of the child to a person licensed to provide child foster care. Delegable rights and duties are the duty to protect, train, and discipline the child; the duty to provide food, clothing, housing, and medical care for the child; and the right to consent to emergency medical care. Delegable rights and duties are subject to any residual rights and duties of the child’s parent or guardian. The bill clarifies that a parent’s or guardian’s residual rights and duties do not preclude HHS from consenting to a child’s participation in an individualized education program, or emergency or routine medical care for a child that will allow the child to experience childhood and participate in activities in a manner similar to the child’s peers. “Routine medical care” includes but is not limited to sports physicals performed by a licensed health care provider, medically necessary blood tests performed by a licensed health care provider, and the use of medically necessary antibiotics prescribed by a licensed health care provider. The bill requires HHS to notify an individual licensee if HHS delegates HHS’s right to consent to emergency or routine medical care, or participation in an individualized education program, on behalf of a child to the individual licensee.