Bill Text: IA HF644 | 2025-2026 | 91st General Assembly | Introduced


Bill Title: A bill for an act relating to the delegation of custodial rights and duties with respect to a child.(Formerly HF 374.)

Spectrum: Committee Bill

Status: (Introduced) 2025-02-28 - Introduced, placed on calendar. H.J. 472. [HF644 Detail]

Download: Iowa-2025-HF644-Introduced.html
House File 644 - Introduced HOUSE FILE 644 BY COMMITTEE ON HEALTH AND HUMAN SERVICES (SUCCESSOR TO HF 374) A BILL FOR An Act relating to the delegation of custodial rights and 1 duties with respect to a child. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1766HV (1) 91 dg/ko
H.F. 644 Section 1. Section 232.2, subsection 12, paragraph c, Code 1 2025, is amended to read as follows: 2 c. (1) All rights and duties of a custodian shall be 3 subject to any residual rights and duties remaining in a parent 4 or guardian. 5 (2) Notwithstanding subparagraph (1), the department may 6 consent to routine medical care for a child that will allow the 7 child to engage in normal childhood experiences and participate 8 in activities in a manner similar to the child’s peers. 9 “Routine medical care” includes but is not limited to all of the 10 following: 11 (a) Preventative care, also known as wellness care, not 12 including the administration of a vaccination. 13 (b) Nonemergency medical care including but not limited 14 to a physical examination, a diagnostic laboratory test, or a 15 medical visit for a minor illness. 16 (c) Use of necessary medication, including but not limited 17 to antibiotics. 18 Sec. 2. Section 232.2, subsection 12, Code 2025, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . d. If a court order entered under this 21 chapter transfers legal custody of a child to the department, 22 the department shall have the authority to delegate the 23 department’s rights and duties as custodian of the child to a 24 licensee under chapter 237. 25 Sec. 3. Section 237.10, subsection 1, Code 2025, is amended 26 by adding the following new paragraph: 27 NEW PARAGRAPH . d. The department shall notify an individual 28 licensee if the department delegates the department’s right 29 to consent to routine medical care on behalf of a child under 30 section 232.2, paragraph “c” , to the individual licensee. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to the delegation of custodial rights and 35 -1- LSB 1766HV (1) 91 dg/ko 1/ 2
H.F. 644 duties with respect to a child. 1 If a court transfers legal custody of a child to the 2 department of health and human services (HHS), the bill allows 3 HHS to delegate HHS’s rights and duties as custodian of the 4 child to a person licensed to provide child foster care. 5 Delegable rights and duties are the duty to protect, train, 6 and discipline the child; the duty to provide food, clothing, 7 housing, and medical care for the child; and the right to 8 consent to emergency medical care. Delegable rights and duties 9 are subject to any residual rights and duties of the child’s 10 parent or guardian. The bill clarifies that a parent’s or 11 guardian’s residual rights and duties do not preclude HHS 12 from consenting to routine medical care for a child that will 13 allow the child to engage in normal childhood experiences 14 and participate in activities in a manner similar to the 15 child’s peers. “Routine medical care” includes but is not 16 limited to preventative care not including the administration 17 of a vaccination, nonemergency medical care, and the use of 18 necessary medication. The bill requires HHS to notify an 19 individual licensee if HHS delegates HHS’s right to consent to 20 routine medical care on behalf of a child to the individual 21 licensee. 22 -2- LSB 1766HV (1) 91 dg/ko 2/ 2
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