HF2256: Child in Need of Assistance/Behavioral Health Care

Exempts situations in which a parent or legal guardian is unable to access appropriate behavioral or mental health care for their child from being classified as child abuse when declaring a "child in need of assistance," provided reasonable attempts have been made to secure such care. The Department of Health and Human Services must incorporate this exemption into its child abuse assessment policies and manuals. However, the department retains the authority to assess the child's situation and facilitate interventions as necessary. Effective 7/1/2026.

Key Points & Impacts

• Adds a new provision to Iowa Code Section 232.68 explicitly exempting a parent's or guardian's inability to access behavioral or mental health treatment from the definition of child abuse if reasonable efforts are made.

• Clarifies that lack of access to behavioral or mental health treatment alone cannot be the basis for a child abuse determination.

• Requires the Department of Health and Human Services to update its child abuse assessment policies and manuals to reflect this exemption.

• Preserves the department's authority to assess and intervene in a child's situation if deemed necessary for the child's best interests.

• Focuses on protecting parents and guardians from child abuse accusations solely due to systemic barriers to mental health care access for their children.

• Targets cases involving children with diagnosed behavioral health conditions.

• Stipulates that reasonable attempts to secure treatment must be demonstrated for exemption to apply.

• Ensures departmental intervention remains available in cases where other issues may be present.