Bill Text: IA HF134 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act creating a foster care children and adopted children bill of rights and entitlements.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2019-01-25 - Introduced, referred to Human Resources. H.J. 154. [HF134 Detail]
Download: Iowa-2019-HF134-Introduced.html
House
File
134
-
Introduced
HOUSE
FILE
134
BY
ANDERSON
,
STAED
,
and
KACENA
A
BILL
FOR
An
Act
creating
a
foster
care
children
and
adopted
children
1
bill
of
rights
and
entitlements.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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134
Section
1.
NEW
SECTION
.
232.197
Short
title.
1
This
division
shall
be
known
as
the
“Foster
Care
and
Adopted
2
Children’s
Rights
Act”
.
3
Sec.
2.
NEW
SECTION
.
232.198
Scope.
4
The
rights
and
entitlements
enumerated
in
this
division
5
shall
apply
to
a
child
receiving
foster
care
provided
by
the
6
department
and
a
child
adopted
from
foster
care.
7
Sec.
3.
NEW
SECTION
.
232.199
Foster
care
children
——
rights
8
and
entitlements.
9
1.
A
child
receiving
foster
care
provided
by
the
department
10
shall
be
entitled
to
all
of
the
following:
11
a.
Treatment
with
fairness,
dignity,
and
respect.
12
b.
Freedom
from
discrimination
because
of
race,
creed,
13
color,
sex,
sexual
orientation,
religion,
ancestry,
disability,
14
national
origin,
age,
or
gender
identity.
15
c.
An
education
consistent
with
the
child’s
age
and
16
developmental
level
and
in
a
manner
consistent
with
state
17
regulations.
18
d.
Nourishment
appropriate
and
adequate
for
the
child’s
19
continued
healthy
growth.
20
e.
Access
to
clean,
seasonal,
age,
and
gender
appropriate
21
clothing.
22
f.
Mental
and
behavioral
health
services.
23
g.
Substance
abuse
addiction
services.
24
h.
Medical
and
dental
examinations
at
least
once
a
year.
25
i.
Appropriate
medical,
dental,
and
vision
care.
26
j.
Placement
in
the
most
appropriate,
least
restrictive,
and
27
most
family-like
setting
that
is
safe,
healthy,
comfortable,
28
and
that
meets
the
best
interests
and
special
needs
of
the
29
child.
30
k.
The
option
to
either
participate
in
or
not
participate
in
31
religious
observances
and
activities
of
the
child’s
biological
32
family
if
such
participation
or
nonparticipation
can
be
33
reasonably
accommodated.
34
l.
To
live
in
a
community
environment
that
maintains,
35
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134
honors,
and
reflects
the
culture
of
the
child’s
biological
1
family,
whenever
possible.
2
m.
To
meet
as
necessary
with
the
child’s
guardian
ad
litem,
3
if
applicable.
4
n.
To
visit
and
communicate
with
the
child’s
biological
5
family
members
as
frequently
as
possible
consistent
with
the
6
child’s
case
permanency
plan
unless
prohibited
by
court
order.
7
o.
The
opportunity
to
participate
in
extracurricular,
8
cultural,
and
personal
enrichment
activities,
if
reasonably
9
possible.
10
p.
Confidentiality
of
the
child’s
information
and
records
11
consistent
with
state
and
federal
law.
12
2.
If
a
child
receiving
foster
care
is
provided
an
education
13
through
competent
private
instruction
pursuant
to
chapter
299A,
14
the
foster
parent
shall
coordinate
an
educational
plan
with
the
15
home
school
assistance
program
within
the
school
district
in
16
which
the
foster
parent
resides.
17
3.
A
child
receiving
foster
care
provided
by
the
department
18
who
is
fourteen
years
of
age
or
older
shall
be
provided
the
19
opportunity
to
meet
with
the
child’s
caseworker
to
review
the
20
child’s
case
permanency
plan.
21
4.
A
child
receiving
foster
care
provided
by
the
department
22
who
is
twelve
years
of
age
or
older
shall
receive
information
23
pertaining
to
any
applicable
grievance
policies
and
procedures
24
of
any
state
or
private
agency
involved
with
the
child’s
care.
25
If
the
child
files
a
grievance,
the
child
shall
have
assistance
26
in
the
filing
and
presentation
of
the
grievance.
27
5.
A
child
who
gives
birth
while
receiving
foster
care
28
provided
by
the
department
shall
be
allowed
to
exercise
29
parental
rights
for
the
baby.
30
6.
A
foster
parent
licensed
by
the
department
shall
be
31
prohibited
from
the
use
of
corporal
punishment
on
a
foster
32
child.
33
Sec.
4.
NEW
SECTION
.
232.200
Children
adopted
from
foster
34
care
——
rights
and
entitlements.
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1.
For
purposes
of
this
section,
“child
adopted
from
foster
1
care”
means
a
child
adopted
from
foster
care
by
any
of
the
2
following:
3
a.
A
person
who
has
previously
provided
foster
care
for
the
4
child.
5
b.
A
person
who
has
previously
provided
foster
care
for
a
6
child
other
than
the
child
who
is
adopted.
7
c.
A
person
who
is
a
biological
relative
of
the
child.
8
d.
A
person
who
receives
an
adoption
subsidy
or
state
9
medical
coverage
for
the
care
of
the
child.
10
2.
A
child
adopted
from
foster
care
shall
not
be
subject
to
11
any
of
the
following:
12
a.
Corporal
punishment.
13
b.
Unreasonable
restraint.
14
c.
Physical
abuse.
15
d.
Denial
of
critical
care.
16
e.
Sexual
abuse.
17
f.
Emotional
abuse.
18
g.
Any
abuse
relating
to
an
adopted
parent’s
substance
19
abuse.
20
h.
Sex
or
human
trafficking.
21
3.
A
child
adopted
from
foster
care
shall
be
entitled
to
all
22
of
the
following:
23
a.
The
provision
of
private
medical
insurance
or
state
or
24
federal
medical
insurance
coverage.
25
b.
The
provision
of
medical,
dental,
vision,
mental
health,
26
and
behavioral
health
care
and
services
for
which
the
child
27
qualifies,
in
a
timely
manner.
28
c.
Medical
and
dental
examination
at
least
once
a
year.
29
4.
a.
A
child
adopted
from
foster
care
is
entitled
to
30
educational
stability
and
an
education
consistent
with
the
31
child’s
age
and
developmental
level
and
in
a
manner
consistent
32
with
state
law.
33
b.
If
a
child
adopted
from
foster
care
is
provided
an
34
education
through
competent
private
instruction
pursuant
35
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to
chapter
299A,
the
adoptive
parent
shall
coordinate
an
1
educational
plan
with
the
home
school
assistance
program
within
2
the
school
district
in
which
the
adoptive
parent
resides.
3
Sec.
5.
NEW
SECTION
.
232.201
Rules.
4
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
5
administer
the
provisions
of
this
division.
6
Sec.
6.
NEW
SECTION
.
232.202
Construction.
7
This
division
shall
be
liberally
construed
to
promote
its
8
underlying
purposes.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
creates
a
bill
of
rights
and
entitlements
for
13
foster
care
children
and
children
adopted
from
foster
care.
14
The
bill
provides
that
children
receiving
foster
care
15
provided
by
the
department
of
human
services
and
children
16
adopted
from
foster
care
are
entitled
to
certain
rights
and
17
services
including
but
not
limited
to
access
to
medical
care,
18
education,
familial,
and
caseworker
services.
19
The
bill
provides
a
child
12
years
of
age
or
older
is
20
required
to
be
provided
information
pertaining
to
any
21
applicable
grievance
policies
and
procedure
of
any
state
or
22
private
agency
involved
with
the
child’s
case.
The
bill
23
provides
if
a
child
gives
birth
while
receiving
foster
care
24
provided
by
the
department,
the
child
shall
be
allowed
to
25
exercise
parental
rights
for
the
baby.
The
bill
further
26
provides
if
a
child
adopted
from
foster
care
is
receiving
an
27
education
provided
through
competent
private
instruction,
28
the
adoptive
parent
is
required
to
coordinate
an
educational
29
plan
with
the
home
school
assistance
program
within
the
school
30
district
in
which
the
adoptive
parent
resides.
31
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