House File 295 - Introduced HOUSE FILE 295 BY MASCHER A BILL FOR An Act concerning background checks relating to certain 1 nonregistered child care home providers. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2180YH (4) 86 rh/nh
H.F. 295 Section 1. Section 237A.5, subsection 2, paragraph a, 1 subparagraph (1), Code 2015, is amended by adding the following 2 new subparagraph division: 3 NEW SUBPARAGRAPH DIVISION . (f) The person will reside or 4 resides in a child care home that is not registered under this 5 chapter and that does not receive public funding for providing 6 child care. 7 Sec. 2. Section 237A.5, subsection 2, paragraph d, 8 subparagraph (2), Code 2015, is amended to read as follows: 9 (2) Except as otherwise provided by law, the cost of a 10 national criminal history check conducted in accordance with 11 subparagraph (1) and the state record checks conducted in 12 accordance with paragraph “c” that are conducted in connection 13 with a person’s involvement with a child care center or that 14 are conducted in connection with a person’s involvement with 15 a child care home pursuant to paragraph “a” , subparagraph (1), 16 subparagraph division (f), are not the responsibility of the 17 department. The department is responsible for the cost of such 18 checks conducted in connection with a person’s involvement 19 with a child development home or a child care home pursuant to 20 paragraph “a” , subparagraph (1), subparagraph division (e) . 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 The bill provides that a person who will reside or who 25 resides in a child care home that is not registered by the 26 department of human services pursuant to Code chapter 237A and 27 that does not receive public funding for providing child care 28 shall be subject to a record check. The bill provides that the 29 department is not responsible for the costs of such records 30 checks. 31 Under Code section 237A.5, the department is required to 32 conduct a criminal and child abuse record check in this state 33 for a person who is subject to a record check under Code 34 chapter 237A and may conduct such a check in other states. 35 -1- LSB 2180YH (4) 86 rh/nh 1/ 2
H.F. 295 In addition, the department may conduct a dependent adult 1 abuse, sex offender registry, or other public or civil offense 2 record check in this state or in other states for a person 3 who is subject to a record check. In addition, the person’s 4 fingerprints shall be provided to the department of public 5 safety for submission through the state criminal history 6 repository to the United States department of justice, federal 7 bureau of investigation for a national criminal history check. 8 Under Code section 237A.1, “child care home” means a person 9 or program providing child care to five or fewer children at 10 any one time that is not registered to provide child care under 11 Code chapter 237A. 12 -2- LSB 2180YH (4) 86 rh/nh 2/ 2