House File 133

                                    HOUSE FILE       
                                    BY  BODDICKER, ALONS, CARROLL,
                                        EICHHORN, MANTERNACH, PAULSEN,
                                        KRAMER, J. K. VAN FOSSEN,
                                        J. R. VAN FOSSEN, TYMESON, and
                                        KLEMME


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act increasing the child age applicable to mandatory reporting
  2    of suspected child sexual abuse perpetrated by a person other
  3    than the person responsible for the care of the child.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1971YH 80
  6 jp/cf/24

PAG LIN

  1  1    Section 1.  Section 232.69, subsection 1, unnumbered
  1  2 paragraph 1, Code 2003, is amended to read as follows:
  1  3    The classes of persons enumerated in this subsection shall
  1  4 make a report within twenty=four hours and as provided in
  1  5 section 232.70, of cases of child abuse.  In addition, the
  1  6 classes of persons enumerated in this subsection shall make a
  1  7 report of abuse of a child who is under twelve sixteen years
  1  8 of age and may make a report of abuse of a child who is twelve
  1  9 sixteen years of age or older, which would be defined as child
  1 10 abuse under section 232.68, subsection 2, paragraph "c" or
  1 11 "e", except that the abuse resulted from the acts or omissions
  1 12 of a person other than a person responsible for the care of
  1 13 the child.
  1 14                           EXPLANATION
  1 15    This bill increases the child age for mandatory reporting
  1 16 of suspected child sexual abuse perpetrated by a person other
  1 17 than the person responsible for the care of the child.
  1 18    Under current law, a finding of child abuse requires that
  1 19 the abuse results from the act or omissions of a "person
  1 20 responsible for the care of a child", which is a defined term.
  1 21 The term includes a parent, guardian, foster parent, relative,
  1 22 other person with whom the child resides, care provider, or
  1 23 other person who assumes care or supervision of a child.
  1 24 However, mandatory reporters are required by law to report
  1 25 suspected child sex abuse of a child who is under age 12 by a
  1 26 person who is not a caretaker of the child and may report such
  1 27 abuse for older children.  Under Code section 232.70, the
  1 28 department of human services is required to refer reports of
  1 29 suspected sexual abuse of a child by a noncaretaker to the
  1 30 appropriate law enforcement agency having jurisdiction to
  1 31 investigate the allegation.
  1 32    The bill increases the child age for mandatory reporting of
  1 33 suspected sexual abuse of a child by a noncaretaker from under
  1 34 age 12 to under age 16.
  1 35 LSB 1971YH 80
  2  1 jp/cf/24