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Senate File 2355 - 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, also
29authorized by the department, to make an evaluation, to enter
30the residence of, and to examine the dependent adult. Upon
31a showing of probable cause that a dependent adult has been
32financially exploited, including the identification of records
33the department reasonably believes are related to the alleged
34financial exploitation, a court may authorize a person, also
35authorized by the department, to make an evaluation, and to
-1-1gain access to the financial records of the dependent adult
2 the department reasonably believes are related to the alleged
3financial exploitation.
4 Sec. 4. Section 235B.6, subsection 2, paragraph d, Code
52024, is amended by adding the following new subparagraph:
6 NEW SUBPARAGRAPH. (7) To a tribal court as defined in
7section 626D.2, a tribal prosecutor, or tribal services
8provided that the dependent adult is an Indian as defined in
9section 232B.3.
10 Sec. 5. Section 235B.6, subsection 3, Code 2024, is amended
11by striking the subsection and inserting in lieu thereof the
12following:
133. Access to unfounded dependent adult abuse information
14is authorized only to those persons identified in any of the
15following:
16a. Subsection 2, paragraph “a”.
17b. Subsection 2, paragraph “b”, subparagraphs (2), (5), and
18(6).
19c. Subsection 2, paragraph “d”, subparagraph (7).
20d. Subsection 2, paragraph “e”, subparagraphs (2), (5),
21(10), (20), (21), and (22).
22DIVISION III
23ACCESS TO JUVENILE COURT SOCIAL RECORDS
24 Sec. 6. Section 232.147, Code 2024, is amended by adding the
25following new subsection:
26 NEW SUBSECTION. 20. Notwithstanding any other provision of
27law to the contrary, the department may inspect, and the court
28shall disclose to the department upon the department’s request,
29records that are confidential under this section if the records
30were filed in a proceeding under subchapter III, IV, or V of
31this chapter to which the department is a participant.
32DIVISION IV
33MANDATORY REPORTER TRAINING
34 Sec. 7. Section 232.69, subsection 3, paragraphs b and e,
35Code 2024, are amended to read as follows:
-2- 1b. A person required to make a report under subsection 1,
2other than a physician whose professional practice does not
3regularly involve providing primary health care to children,
4shall complete two hours of the core training curriculum
5 relating to the identification and reporting of child abuse
6within six months of initial employment or self-employment
7involving the examination, attending, counseling, or treatment
8of children on a regular basis. Within one month of initial
9employment or self-employment, the person shall obtain a
10statement of the abuse reporting requirements from the person’s
11employer or, if self-employed, from the department. The
12person shall complete at least two hours of additional the
13core training curriculum relating to the identification and
14reporting of child abuse identification and reporting training
15 every three years. If the person completes at least one hour
16of additional child abuse identification and reporting training
17prior to the three-year expiration period, the person shall be
18deemed in compliance with the training requirements of this
19section for an additional three years.
20e. A licensing board with authority over the license of
21a person required to make a report under subsection 1 shall
22require as a condition of licensure that the person is in
23compliance with the requirements for abuse the core training
24curriculum relating to the identification and reporting
25of child abuse under this subsection. The licensing board
26shall require the person upon licensure renewal to accurately
27document for the licensing board the person’s completion of the
28training requirements. However, the licensing board may adopt
29rules providing for waiver or suspension of the compliance
30requirements, if the waiver or suspension is in the public
31interest, applicable to a person who is engaged in active duty
32in the military service of this state or of the United States,
33to a person for whom compliance with the training requirements
34would impose a significant hardship, or to a person who is
35practicing a licensed profession outside this state or is
-3-1otherwise subject to circumstances that would preclude the
2person from encountering child abuse in this state.
3 Sec. 8. Section 235B.16, subsection 5, paragraphs b and e,
4Code 2024, are amended to read as follows:
5b. A person required to report cases of dependent adult
6abuse pursuant to sections 235B.3 and 235E.2, other than a
7physician whose professional practice does not regularly
8involve providing primary health care to adults, shall complete
9two hours of the core training curriculum relating to the
10identification and reporting of dependent adult abuse within
11six months of initial employment or self-employment which
12involves the examination, attending, counseling, or treatment
13of adults on a regular basis. Within one month of initial
14employment or self-employment, the person shall obtain a
15statement of the abuse reporting requirements from the person’s
16employer or, if self-employed, from the department. The
17person shall complete at least two hours of additional the
18core training curriculum relating to the identification and
19reporting of dependent adult abuse identification and reporting
20training every three years. If the person completes at least
21one hour of additional dependent adult abuse identification and
22reporting training prior to the three-year expiration period,
23the person shall be deemed in compliance with the training
24requirements of this section for an additional three years.
25e. A licensing board with authority over the license of
26a person required to report cases of dependent adult abuse
27pursuant to sections 235B.3 and 235E.2 shall require as
28a condition of licensure that the person is in compliance
29with the requirements for abuse the core training curriculum
30relating to the identification and reporting of dependent
31adult abuse under this subsection. The licensing board
32shall require the person upon licensure renewal to accurately
33document for the licensing board the person’s completion of the
34training requirements. However, the licensing board may adopt
35rules providing for waiver or suspension of the compliance
-4-1requirements, if the waiver or suspension is in the public
2interest, applicable to a person who is engaged in active duty
3in the military service of this state or of the United States,
4to a person for whom compliance with the training requirements
5would impose a significant hardship, or to a person who is
6practicing a licensed profession outside this state or is
7otherwise subject to circumstances that would preclude the
8person from encountering dependent adult abuse in this state.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to processes overseen by the department of
13health and human services (HHS), including internal adoption
14information sharing, dependent adult abuse matters, juvenile
15justice court filings, and mandatory reporter training.
16DIVISION I — INTERNAL ADOPTION INFORMATION SHARING. This
17division of the bill allows HHS to share information relating
18to a child’s adoption records within HHS for the purposes of
19ensuring continuity of services administered by HHS.
20DIVISION II — DEPENDENT ADULT ABUSE. This division of the
21bill relates to dependent adult abuse.
22The bill includes breach of a fiduciary duty owed to a
23dependent adult as a form of dependent adult abuse.
24The bill allows a court, upon HHS showing probable cause that
25a dependent adult has been financially exploited, including the
26identification of records HHS reasonably believes are related
27to the alleged financial exploitation, to authorize a person,
28also authorized by HHS, to make an evaluation and to gain
29access to the records HHS reasonably believes are related to
30the alleged financial exploitation.
31The bill allows a tribal court, a tribal prosecutor, or
32tribal services to access founded and unfounded dependent adult
33abuse information.
34DIVISION III — ACCESS TO JUVENILE JUSTICE COURT FILINGS.
35 This division of the bill allows HHS to inspect, and requires a
-5-1court to disclose to HHS upon HHS’s request, records that are
2confidential under Code section 232.147 (confidentiality of
3juvenile court records) if the records were filed in a child in
4need of assistance proceeding, a termination of parent-child
5relationship proceeding, or a family in need of assistance
6proceeding to which HHS is a participant.
7DIVISION IV — MANDATORY REPORTER TRAINING. This division
8of the bill relates to mandatory reporter training.
9Certain classes of persons are statutorily required to make
10reports to HHS regarding cases of child abuse. These persons,
11other than a physician whose professional practice does not
12regularly involve providing primary health care to children,
13are required to receive training related to the identification
14and reporting of child abuse. The trainings are currently
15two hours for initial training and one hour recertification
16trainings which need to be completed once every three years.
17The bill removes the time requirement for the initial trainings
18and eliminates the recertification trainings. The bill
19contains similar language for dependent adult abuse mandatory
20reporter 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, also
29authorized by the department, to make an evaluation, to enter
30the residence of, and to examine the dependent adult. Upon
31a showing of probable cause that a dependent adult has been
32financially exploited, including the identification of records
33the department reasonably believes are related to the alleged
34financial exploitation, a court may authorize a person, also
35authorized by the department, to make an evaluation, and to
-1-1gain access to the financial records of the dependent adult
2 the department reasonably believes are related to the alleged
3financial exploitation.
4 Sec. 4. Section 235B.6, subsection 2, paragraph d, Code
52024, is amended by adding the following new subparagraph:
6 NEW SUBPARAGRAPH. (7) To a tribal court as defined in
7section 626D.2, a tribal prosecutor, or tribal services
8provided that the dependent adult is an Indian as defined in
9section 232B.3.
10 Sec. 5. Section 235B.6, subsection 3, Code 2024, is amended
11by striking the subsection and inserting in lieu thereof the
12following:
133. Access to unfounded dependent adult abuse information
14is authorized only to those persons identified in any of the
15following:
16a. Subsection 2, paragraph “a”.
17b. Subsection 2, paragraph “b”, subparagraphs (2), (5), and
18(6).
19c. Subsection 2, paragraph “d”, subparagraph (7).
20d. Subsection 2, paragraph “e”, subparagraphs (2), (5),
21(10), (20), (21), and (22).
22DIVISION III
23ACCESS TO JUVENILE COURT SOCIAL RECORDS
24 Sec. 6. Section 232.147, Code 2024, is amended by adding the
25following new subsection:
26 NEW SUBSECTION. 20. Notwithstanding any other provision of
27law to the contrary, the department may inspect, and the court
28shall disclose to the department upon the department’s request,
29records that are confidential under this section if the records
30were filed in a proceeding under subchapter III, IV, or V of
31this chapter to which the department is a participant.
32DIVISION IV
33MANDATORY REPORTER TRAINING
34 Sec. 7. Section 232.69, subsection 3, paragraphs b and e,
35Code 2024, are amended to read as follows:
-2- 1b. A person required to make a report under subsection 1,
2other than a physician whose professional practice does not
3regularly involve providing primary health care to children,
4shall complete two hours of the core training curriculum
5 relating to the identification and reporting of child abuse
6within six months of initial employment or self-employment
7involving the examination, attending, counseling, or treatment
8of children on a regular basis. Within one month of initial
9employment or self-employment, the person shall obtain a
10statement of the abuse reporting requirements from the person’s
11employer or, if self-employed, from the department. The
12person shall complete at least two hours of additional the
13core training curriculum relating to the identification and
14reporting of child abuse identification and reporting training
15 every three years. If the person completes at least one hour
16of additional child abuse identification and reporting training
17prior to the three-year expiration period, the person shall be
18deemed in compliance with the training requirements of this
19section for an additional three years.
20e. A licensing board with authority over the license of
21a person required to make a report under subsection 1 shall
22require as a condition of licensure that the person is in
23compliance with the requirements for abuse the core training
24curriculum relating to the identification and reporting
25of child abuse under this subsection. The licensing board
26shall require the person upon licensure renewal to accurately
27document for the licensing board the person’s completion of the
28training requirements. However, the licensing board may adopt
29rules providing for waiver or suspension of the compliance
30requirements, if the waiver or suspension is in the public
31interest, applicable to a person who is engaged in active duty
32in the military service of this state or of the United States,
33to a person for whom compliance with the training requirements
34would impose a significant hardship, or to a person who is
35practicing a licensed profession outside this state or is
-3-1otherwise subject to circumstances that would preclude the
2person from encountering child abuse in this state.
3 Sec. 8. Section 235B.16, subsection 5, paragraphs b and e,
4Code 2024, are amended to read as follows:
5b. A person required to report cases of dependent adult
6abuse pursuant to sections 235B.3 and 235E.2, other than a
7physician whose professional practice does not regularly
8involve providing primary health care to adults, shall complete
9two hours of the core training curriculum relating to the
10identification and reporting of dependent adult abuse within
11six months of initial employment or self-employment which
12involves the examination, attending, counseling, or treatment
13of adults on a regular basis. Within one month of initial
14employment or self-employment, the person shall obtain a
15statement of the abuse reporting requirements from the person’s
16employer or, if self-employed, from the department. The
17person shall complete at least two hours of additional the
18core training curriculum relating to the identification and
19reporting of dependent adult abuse identification and reporting
20training every three years. If the person completes at least
21one hour of additional dependent adult abuse identification and
22reporting training prior to the three-year expiration period,
23the person shall be deemed in compliance with the training
24requirements of this section for an additional three years.
25e. A licensing board with authority over the license of
26a person required to report cases of dependent adult abuse
27pursuant to sections 235B.3 and 235E.2 shall require as
28a condition of licensure that the person is in compliance
29with the requirements for abuse the core training curriculum
30relating to the identification and reporting of dependent
31adult abuse under this subsection. The licensing board
32shall require the person upon licensure renewal to accurately
33document for the licensing board the person’s completion of the
34training requirements. However, the licensing board may adopt
35rules providing for waiver or suspension of the compliance
-4-1requirements, if the waiver or suspension is in the public
2interest, applicable to a person who is engaged in active duty
3in the military service of this state or of the United States,
4to a person for whom compliance with the training requirements
5would impose a significant hardship, or to a person who is
6practicing a licensed profession outside this state or is
7otherwise subject to circumstances that would preclude the
8person from encountering dependent adult abuse in this state.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to processes overseen by the department of
13health and human services (HHS), including internal adoption
14information sharing, dependent adult abuse matters, juvenile
15justice court filings, and mandatory reporter training.
16DIVISION I — INTERNAL ADOPTION INFORMATION SHARING. This
17division of the bill allows HHS to share information relating
18to a child’s adoption records within HHS for the purposes of
19ensuring continuity of services administered by HHS.
20DIVISION II — DEPENDENT ADULT ABUSE. This division of the
21bill relates to dependent adult abuse.
22The bill includes breach of a fiduciary duty owed to a
23dependent adult as a form of dependent adult abuse.
24The bill allows a court, upon HHS showing probable cause that
25a dependent adult has been financially exploited, including the
26identification of records HHS reasonably believes are related
27to the alleged financial exploitation, to authorize a person,
28also authorized by HHS, to make an evaluation and to gain
29access to the records HHS reasonably believes are related to
30the alleged financial exploitation.
31The bill allows a tribal court, a tribal prosecutor, or
32tribal services to access founded and unfounded dependent adult
33abuse information.
34DIVISION III — ACCESS TO JUVENILE JUSTICE COURT FILINGS.
35 This division of the bill allows HHS to inspect, and requires a
-5-1court to disclose to HHS upon HHS’s request, records that are
2confidential under Code section 232.147 (confidentiality of
3juvenile court records) if the records were filed in a child in
4need of assistance proceeding, a termination of parent-child
5relationship proceeding, or a family in need of assistance
6proceeding to which HHS is a participant.
7DIVISION IV — MANDATORY REPORTER TRAINING. This division
8of the bill relates to mandatory reporter training.
9Certain classes of persons are statutorily required to make
10reports to HHS regarding cases of child abuse. These persons,
11other than a physician whose professional practice does not
12regularly involve providing primary health care to children,
13are required to receive training related to the identification
14and reporting of child abuse. The trainings are currently
15two hours for initial training and one hour recertification
16trainings which need to be completed once every three years.
17The bill removes the time requirement for the initial trainings
18and eliminates the recertification trainings. The bill
19contains similar language for dependent adult abuse mandatory
20reporter training.
-6-dg/ko