Text: H05310                            Text: H05312
Text: H05300 - H05399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

Get Version To Print

This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.

House Amendment 5311

Amendment Text

PAG LIN
  1  1    Amend House File 2285 as follows:
  1  2    #1.  Page 1, by striking lines 1 through 28 and
  1  3 inserting the following:
  1  4    "Sec.    .  Section 237A.5, subsection 2, Code
  1  5 1995, is amended to read as follows:
  1  6    2.  a.  If a person is being considered for
  1  7 licensure or registration under this chapter, or for
  1  8 employment involving direct responsibility for a child
  1  9 or with access to a child when the child is alone, by
  1 10 a child day care facility subject to licensure or
  1 11 registration under this chapter or by an unregistered
  1 12 family day care home, a person is an unregistered
  1 13 provider of child day care, or if a person will reside
  1 14 in a facility or an unregistered family day care home,
  1 15 and if the person has been convicted of a crime or has
  1 16 a record of founded child abuse, the department and
  1 17 the licensee, or registrant, or unregistered family
  1 18 day care home for an employee of the licensee or,
  1 19 registrant, or unregistered family day care home shall
  1 20 perform an evaluation to determine whether the crime
  1 21 or founded child abuse warrants prohibition of
  1 22 licensure, registration, operation as an unregistered
  1 23 provider of child day care, employment, or residence
  1 24 in the facility or unregistered family day care home.
  1 25 The department shall conduct criminal and child abuse
  1 26 record checks in this state and may conduct these
  1 27 checks in other states.  The evaluation shall be
  1 28 performed in accordance with procedures adopted for
  1 29 this purpose by the department.
  1 30    b.  If the department determines that a person has
  1 31 committed a crime or has a record of founded child
  1 32 abuse and is licensed, is employed by a licensee or,
  1 33 registrant, or unregistered family day care home, is
  1 34 an unregistered provider of child day care, or is
  1 35 registered under this chapter, or resides in a
  1 36 licensed or registered facility or an unregistered
  1 37 family day care home, the department shall notify the
  1 38 licensee or, registrant, or unregistered family day
  1 39 care home that an evaluation will be conducted to
  1 40 determine whether prohibition of the person's
  1 41 licensure, registration, employment, or residence, or
  1 42 operation as an unregistered provider of child day
  1 43 care is warranted.
  1 44    c.  In an evaluation, the department and the
  1 45 licensee or, registrant, or unregistered provider of
  1 46 child day care for an employee of the licensee or,
  1 47 registrant, or unregistered family day care home shall
  1 48 consider the nature and seriousness of the crime or
  1 49 founded child abuse in relation to the position sought
  1 50 or held, the time elapsed since the commission of the
  2  1 crime or founded child abuse, the circumstances under
  2  2 which the crime or founded child abuse was committed,
  2  3 the degree of rehabilitation, the likelihood that the
  2  4 person will commit the crime or founded child abuse
  2  5 again, and the number of crimes or founded child
  2  6 abuses committed by the person involved.  The
  2  7 department may permit a person who is evaluated to be
  2  8 licensed, registered, employed, or to reside, or to
  2  9 continue to be licensed, registered, or employed, to
  2 10 operate as an unregistered provider of child day care,
  2 11 or to reside in a licensed facility or unregistered
  2 12 family day care home, if the person complies with the
  2 13 department's conditions relating to the person's
  2 14 licensure, registration, employment, operation as an
  2 15 unregistered provider of child day care, or residence,
  2 16 which may include completion of additional training.
  2 17 For an employee of a licensee or, registrant, or
  2 18 unregistered family day care home, these conditional
  2 19 requirements shall be developed with the licensee or,
  2 20 registrant, or unregistered family day care home.  The
  2 21 department has final authority in determining whether
  2 22 prohibition of the person's licensure, registration,
  2 23 employment, operation as an unregistered provider of
  2 24 child day care, or residence is warranted and in
  2 25 developing any conditional requirements under this
  2 26 paragraph.
  2 27    d.  If the department determines that the person
  2 28 has committed a crime or has a record of founded child
  2 29 abuse which warrants prohibition of licensure,
  2 30 registration, employment, operation as an unregistered
  2 31 provider of child day care, or residence, the person
  2 32 shall not be licensed or registered under this chapter
  2 33 to operate a child day care facility, shall not
  2 34 operate as an unregistered provider of child day care,
  2 35 and shall not be employed by a licensee or registrant
  2 36 or reside in a facility licensed or registered under
  2 37 this chapter, or in an unregistered family day care
  2 38 home.
  2 39    Sec.    .  Section 237A.5, subsections 4 and 5,
  2 40 Code 1995, are amended to read as follows:
  2 41    4.  On or after July 1, 1994, a licensee or,
  2 42 registrant, or unregistered provider of child day care
  2 43 shall inform all new applicants for employment of the
  2 44 possibility of the performance of a record check and
  2 45 shall obtain, from the applicant, a signed
  2 46 acknowledgment of the receipt of the information.
  2 47    5.  On or after July 1, 1994, a licensee or,
  2 48 registrant, or unregistered provider of child day care
  2 49 shall include the following inquiry in an application
  2 50 for employment:  "Do you have a record of founded
  3  1 child or dependent adult abuse or have you ever been
  3  2 convicted of a crime, in this state or any other
  3  3 state?""
  3  4    #2.  Title page, by striking lines 1 through 4 and
  3  5 inserting the following:  "An Act requiring criminal
  3  6 records and abuse registry checks of unregistered
  3  7 providers of child day care."
  3  8    #3.  By renumbering as necessary.  
  3  9 
  3 10 
  3 11                              
  3 12 MURPHY of Dubuque
  3 13 HF 2285.702 76
  3 14 jp/sc
     

Text: H05310                            Text: H05312
Text: H05300 - H05399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

Iowa General Assembly

Search: House Bills and Amendments (76th General Assembly)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? webmaster@legis.iowa.gov.

Last update: Wed Mar 13 03:19:59 CST 1996
URL: /DOCS/GA/76GA/Legislation/H/05300/H05311/960312.html
jhf