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Senate Study Bill 3124 - IntroducedA Bill ForAn Act 1relating to processes overseen by the department of
2health and human services, including internal adoption
3information sharing, dependent adult abuse matters, juvenile
4justice court filings, and mandatory reporter training.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2INTERNAL ADOPTION INFORMATION SHARING
3 Section 1. Section 600.16A, subsection 6, Code 2024, is
4amended to read as follows:
56. Any person, other than the adopting parents or the
6adopted person, who discloses information in violation
7of this section, is guilty of a simple misdemeanor. This
8subsection shall not apply to department personnel who disclose
9information to personnel within the department for the purposes
10of ensuring continuity of the department’s services to the
11child.
12DIVISION II
13DEPENDENT ADULT ABUSE
14 Sec. 2. Section 235B.2, subsection 5, paragraph a,
15subparagraph (1), subparagraph division (c), Code 2024, is
16amended to read as follows:
17(c) Exploitation of a dependent adult, which means the
18act or process of taking unfair advantage of a dependent
19adult or the adult’s physical or financial resources, without
20the informed consent of the dependent adult, including.
21Exploitation of a dependent adult includes but is not limited
22to theft, by the use of undue influence, harassment, duress,
23deception, false representation, or false pretenses, or breach
24of a fiduciary duty owed to the dependent adult.
25 Sec. 3. Section 235B.3, subsection 7, Code 2024, is amended
26to read as follows:
277. Upon a showing of probable cause that a dependent
28adult has been abused, a court may authorize a person,
29also authorized recommended by the department, to make an
30evaluation, to enter the residence of, and to examine the
31dependent adult. Upon a showing of probable cause that a
32dependent adult has been financially exploited, including the
33identification of financial records the department reasonably
34believes were financially exploited, a court may authorize a
35person, also authorized recommended by the department, to make
-1-1an evaluation, and to gain access to the dependent adult’s
2 financial records of the dependent adult.
3 Sec. 4. Section 235B.6, subsection 2, paragraph d, Code
42024, is amended by adding the following new subparagraph:
5 NEW SUBPARAGRAPH. (7) To a tribal court as defined in
6section 626D.2, a tribal prosecutor, or tribal services
7provided that the dependent adult is an Indian as defined in
8section 232B.3.
9 Sec. 5. Section 235B.6, subsection 3, Code 2024, is amended
10by striking the subsection and inserting in lieu thereof the
11following:
123. Access to unfounded dependent adult abuse information
13is authorized only to those persons identified in any of the
14following:
15a. Subsection 2, paragraph “a”.
16b. Subsection 2, paragraph “b”, subparagraphs (2), (5), and
17(6).
18c. Subsection 2, paragraph “d”, subparagraph (7).
19d. Subsection 2, paragraph “e”, subparagraphs (2), (5),
20(10), (20), (21), and (22).
21DIVISION III
22ACCESS TO JUVENILE COURT SOCIAL RECORDS
23 Sec. 6. Section 232.147, subsection 1, Code 2024, is amended
24to read as follows:
251. Juvenile court social records shall be confidential.
26They The juvenile court social records shall not be inspected
27by, and their contents shall not be disclosed to, any party
28 except the department and as otherwise provided in this section
29or as authorized by other provisions in this chapter.
30DIVISION IV
31MANDATORY REPORTER TRAINING
32 Sec. 7. Section 232.69, subsection 3, paragraphs b and e,
33Code 2024, are amended to read as follows:
34b. A person required to make a report under subsection 1,
35other than a physician whose professional practice does not
-2-1regularly involve providing primary health care to children,
2shall complete two hours of the core training curriculum
3 relating to the identification and reporting of child abuse
4within six months of initial employment or self-employment
5involving the examination, attending, counseling, or treatment
6of children on a regular basis. Within one month of initial
7employment or self-employment, the person shall obtain a
8statement of the abuse reporting requirements from the person’s
9employer or, if self-employed, from the department. The
10person shall complete at least two hours of additional the
11core training curriculum relating to the identification and
12reporting of child abuse identification and reporting training
13 every three years. If the person completes at least one hour
14of additional child abuse identification and reporting training
15prior to the three-year expiration period, the person shall be
16deemed in compliance with the training requirements of this
17section for an additional three years.
18e. A licensing board with authority over the license of
19a person required to make a report under subsection 1 shall
20require as a condition of licensure that the person is in
21compliance with the requirements for abuse the core training
22curriculum relating to the identification and reporting
23of child abuse under this subsection. The licensing board
24shall require the person upon licensure renewal to accurately
25document for the licensing board the person’s completion of the
26training requirements. However, the licensing board may adopt
27rules providing for waiver or suspension of the compliance
28requirements, if the waiver or suspension is in the public
29interest, applicable to a person who is engaged in active duty
30in the military service of this state or of the United States,
31to a person for whom compliance with the training requirements
32would impose a significant hardship, or to a person who is
33practicing a licensed profession outside this state or is
34otherwise subject to circumstances that would preclude the
35person from encountering child abuse in this state.
-3-1 Sec. 8. Section 235B.16, subsection 5, paragraphs b and e,
2Code 2024, are amended to read as follows:
3b. A person required to report cases of dependent adult
4abuse pursuant to sections 235B.3 and 235E.2, other than a
5physician whose professional practice does not regularly
6involve providing primary health care to adults, shall complete
7two hours of the core training curriculum relating to the
8identification and reporting of dependent adult abuse within
9six months of initial employment or self-employment which
10involves the examination, attending, counseling, or treatment
11of adults on a regular basis. Within one month of initial
12employment or self-employment, the person shall obtain a
13statement of the abuse reporting requirements from the person’s
14employer or, if self-employed, from the department. The
15person shall complete at least two hours of additional the
16core training curriculum relating to the identification and
17reporting of dependent adult abuse identification and reporting
18training every three years. If the person completes at least
19one hour of additional dependent adult abuse identification and
20reporting training prior to the three-year expiration period,
21the person shall be deemed in compliance with the training
22requirements of this section for an additional three years.
23e. A licensing board with authority over the license of
24a person required to report cases of dependent adult abuse
25pursuant to sections 235B.3 and 235E.2 shall require as
26a condition of licensure that the person is in compliance
27with the requirements for abuse the core training curriculum
28relating to the identification and reporting of dependent
29adult abuse under this subsection. The licensing board
30shall require the person upon licensure renewal to accurately
31document for the licensing board the person’s completion of the
32training requirements. However, the licensing board may adopt
33rules providing for waiver or suspension of the compliance
34requirements, if the waiver or suspension is in the public
35interest, applicable to a person who is engaged in active duty
-4-1in the military service of this state or of the United States,
2to a person for whom compliance with the training requirements
3would impose a significant hardship, or to a person who is
4practicing a licensed profession outside this state or is
5otherwise subject to circumstances that would preclude the
6person from encountering dependent adult abuse in this state.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to processes overseen by the department of
11health and human services (HHS), including internal adoption
12information sharing, dependent adult abuse matters, juvenile
13justice court filings, and mandatory reporter training.
14DIVISION I — INTERNAL ADOPTION INFORMATION SHARING. This
15division of the bill allows HHS to share information relating
16to a child’s adoption records within HHS for the purposes of
17ensuring continuity of services administered by HHS.
18DIVISION II — DEPENDENT ADULT ABUSE. This division of the
19bill relates to dependent adult abuse.
20The bill includes breach of a fiduciary duty owed to a
21dependent adult as a form of dependent adult abuse.
22The bill allows a court, upon HHS showing probable cause that
23a dependent adult has been financially exploited, including the
24identification of financial records HHS reasonably believes
25were financially exploited, to authorize a person recommended
26by HHS to make an evaluation and to gain access to the
27dependent adult’s financial records.
28The bill allows a tribal court, a tribal prosecutor, or
29tribal services to access founded and unfounded dependent adult
30abuse information.
31DIVISION III — ACCESS TO JUVENILE JUSTICE COURT FILINGS.
32 This division of the bill allows HHS to have access to all
33juvenile court social records filed in the electronic document
34management system or in paper format.
35DIVISION IV — MANDATORY REPORTER TRAINING. This division
-5-1of the bill relates to mandatory reporter training.
2Certain classes of persons are statutorily required to make
3reports to HHS regarding cases of child abuse. These persons,
4other than a physician whose professional practice does not
5regularly involve providing primary health care to children,
6are required to receive training related to the identification
7and reporting of child abuse. The trainings are currently
8two hours for initial training and one hour recertification
9trainings which need to be completed once every three years.
10The bill removes the time requirement for the initial trainings
11and eliminates the recertification trainings. The bill
12contains similar language for dependent adult abuse mandatory
13reporter training.
-6-dg/ko
2health and human services, including internal adoption
3information sharing, dependent adult abuse matters, juvenile
4justice court filings, and mandatory reporter training.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2INTERNAL ADOPTION INFORMATION SHARING
3 Section 1. Section 600.16A, subsection 6, Code 2024, is
4amended to read as follows:
56. Any person, other than the adopting parents or the
6adopted person, who discloses information in violation
7of this section, is guilty of a simple misdemeanor. This
8subsection shall not apply to department personnel who disclose
9information to personnel within the department for the purposes
10of ensuring continuity of the department’s services to the
11child.
12DIVISION II
13DEPENDENT ADULT ABUSE
14 Sec. 2. Section 235B.2, subsection 5, paragraph a,
15subparagraph (1), subparagraph division (c), Code 2024, is
16amended to read as follows:
17(c) Exploitation of a dependent adult, which means the
18act or process of taking unfair advantage of a dependent
19adult or the adult’s physical or financial resources, without
20the informed consent of the dependent adult, including.
21Exploitation of a dependent adult includes but is not limited
22to theft, by the use of undue influence, harassment, duress,
23deception, false representation, or false pretenses, or breach
24of a fiduciary duty owed to the dependent adult.
25 Sec. 3. Section 235B.3, subsection 7, Code 2024, is amended
26to read as follows:
277. Upon a showing of probable cause that a dependent
28adult has been abused, a court may authorize a person,
29also authorized recommended by the department, to make an
30evaluation, to enter the residence of, and to examine the
31dependent adult. Upon a showing of probable cause that a
32dependent adult has been financially exploited, including the
33identification of financial records the department reasonably
34believes were financially exploited, a court may authorize a
35person, also authorized recommended by the department, to make
-1-1an evaluation, and to gain access to the dependent adult’s
2 financial records of the dependent adult.
3 Sec. 4. Section 235B.6, subsection 2, paragraph d, Code
42024, is amended by adding the following new subparagraph:
5 NEW SUBPARAGRAPH. (7) To a tribal court as defined in
6section 626D.2, a tribal prosecutor, or tribal services
7provided that the dependent adult is an Indian as defined in
8section 232B.3.
9 Sec. 5. Section 235B.6, subsection 3, Code 2024, is amended
10by striking the subsection and inserting in lieu thereof the
11following:
123. Access to unfounded dependent adult abuse information
13is authorized only to those persons identified in any of the
14following:
15a. Subsection 2, paragraph “a”.
16b. Subsection 2, paragraph “b”, subparagraphs (2), (5), and
17(6).
18c. Subsection 2, paragraph “d”, subparagraph (7).
19d. Subsection 2, paragraph “e”, subparagraphs (2), (5),
20(10), (20), (21), and (22).
21DIVISION III
22ACCESS TO JUVENILE COURT SOCIAL RECORDS
23 Sec. 6. Section 232.147, subsection 1, Code 2024, is amended
24to read as follows:
251. Juvenile court social records shall be confidential.
26They The juvenile court social records shall not be inspected
27by, and their contents shall not be disclosed to, any party
28 except the department and as otherwise provided in this section
29or as authorized by other provisions in this chapter.
30DIVISION IV
31MANDATORY REPORTER TRAINING
32 Sec. 7. Section 232.69, subsection 3, paragraphs b and e,
33Code 2024, are amended to read as follows:
34b. A person required to make a report under subsection 1,
35other than a physician whose professional practice does not
-2-1regularly involve providing primary health care to children,
2shall complete two hours of the core training curriculum
3 relating to the identification and reporting of child abuse
4within six months of initial employment or self-employment
5involving the examination, attending, counseling, or treatment
6of children on a regular basis. Within one month of initial
7employment or self-employment, the person shall obtain a
8statement of the abuse reporting requirements from the person’s
9employer or, if self-employed, from the department. The
10person shall complete at least two hours of additional the
11core training curriculum relating to the identification and
12reporting of child abuse identification and reporting training
13 every three years. If the person completes at least one hour
14of additional child abuse identification and reporting training
15prior to the three-year expiration period, the person shall be
16deemed in compliance with the training requirements of this
17section for an additional three years.
18e. A licensing board with authority over the license of
19a person required to make a report under subsection 1 shall
20require as a condition of licensure that the person is in
21compliance with the requirements for abuse the core training
22curriculum relating to the identification and reporting
23of child abuse under this subsection. The licensing board
24shall require the person upon licensure renewal to accurately
25document for the licensing board the person’s completion of the
26training requirements. However, the licensing board may adopt
27rules providing for waiver or suspension of the compliance
28requirements, if the waiver or suspension is in the public
29interest, applicable to a person who is engaged in active duty
30in the military service of this state or of the United States,
31to a person for whom compliance with the training requirements
32would impose a significant hardship, or to a person who is
33practicing a licensed profession outside this state or is
34otherwise subject to circumstances that would preclude the
35person from encountering child abuse in this state.
-3-1 Sec. 8. Section 235B.16, subsection 5, paragraphs b and e,
2Code 2024, are amended to read as follows:
3b. A person required to report cases of dependent adult
4abuse pursuant to sections 235B.3 and 235E.2, other than a
5physician whose professional practice does not regularly
6involve providing primary health care to adults, shall complete
7two hours of the core training curriculum relating to the
8identification and reporting of dependent adult abuse within
9six months of initial employment or self-employment which
10involves the examination, attending, counseling, or treatment
11of adults on a regular basis. Within one month of initial
12employment or self-employment, the person shall obtain a
13statement of the abuse reporting requirements from the person’s
14employer or, if self-employed, from the department. The
15person shall complete at least two hours of additional the
16core training curriculum relating to the identification and
17reporting of dependent adult abuse identification and reporting
18training every three years. If the person completes at least
19one hour of additional dependent adult abuse identification and
20reporting training prior to the three-year expiration period,
21the person shall be deemed in compliance with the training
22requirements of this section for an additional three years.
23e. A licensing board with authority over the license of
24a person required to report cases of dependent adult abuse
25pursuant to sections 235B.3 and 235E.2 shall require as
26a condition of licensure that the person is in compliance
27with the requirements for abuse the core training curriculum
28relating to the identification and reporting of dependent
29adult abuse under this subsection. The licensing board
30shall require the person upon licensure renewal to accurately
31document for the licensing board the person’s completion of the
32training requirements. However, the licensing board may adopt
33rules providing for waiver or suspension of the compliance
34requirements, if the waiver or suspension is in the public
35interest, applicable to a person who is engaged in active duty
-4-1in the military service of this state or of the United States,
2to a person for whom compliance with the training requirements
3would impose a significant hardship, or to a person who is
4practicing a licensed profession outside this state or is
5otherwise subject to circumstances that would preclude the
6person from encountering dependent adult abuse in this state.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to processes overseen by the department of
11health and human services (HHS), including internal adoption
12information sharing, dependent adult abuse matters, juvenile
13justice court filings, and mandatory reporter training.
14DIVISION I — INTERNAL ADOPTION INFORMATION SHARING. This
15division of the bill allows HHS to share information relating
16to a child’s adoption records within HHS for the purposes of
17ensuring continuity of services administered by HHS.
18DIVISION II — DEPENDENT ADULT ABUSE. This division of the
19bill relates to dependent adult abuse.
20The bill includes breach of a fiduciary duty owed to a
21dependent adult as a form of dependent adult abuse.
22The bill allows a court, upon HHS showing probable cause that
23a dependent adult has been financially exploited, including the
24identification of financial records HHS reasonably believes
25were financially exploited, to authorize a person recommended
26by HHS to make an evaluation and to gain access to the
27dependent adult’s financial records.
28The bill allows a tribal court, a tribal prosecutor, or
29tribal services to access founded and unfounded dependent adult
30abuse information.
31DIVISION III — ACCESS TO JUVENILE JUSTICE COURT FILINGS.
32 This division of the bill allows HHS to have access to all
33juvenile court social records filed in the electronic document
34management system or in paper format.
35DIVISION IV — MANDATORY REPORTER TRAINING. This division
-5-1of the bill relates to mandatory reporter training.
2Certain classes of persons are statutorily required to make
3reports to HHS regarding cases of child abuse. These persons,
4other than a physician whose professional practice does not
5regularly involve providing primary health care to children,
6are required to receive training related to the identification
7and reporting of child abuse. The trainings are currently
8two hours for initial training and one hour recertification
9trainings which need to be completed once every three years.
10The bill removes the time requirement for the initial trainings
11and eliminates the recertification trainings. The bill
12contains similar language for dependent adult abuse mandatory
13reporter training.
-6-dg/ko