Text: H05605                            Text: H05607
Text: H05600 - H05699                   Text: H Index
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House Amendment 5606

Amendment Text

PAG LIN
  1  1    Amend Senate File 2208, as passed by the Senate, as
  1  2 follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  Section 125.14A, subsections 1 and 2,
  1  6 Code 1995, are amended to read as follows:
  1  7    1.  If a person is being considered for licensure
  1  8 under this chapter, or for employment involving direct
  1  9 responsibility for a child or with access to a child
  1 10 when the child is alone, by a program admitting
  1 11 juveniles subject to licensure under this chapter, or
  1 12 if a person will reside in a facility utilized by such
  1 13 a program, and if the person has been convicted of a
  1 14 crime, is registered in the sex offender registry
  1 15 under chapter 692A, or has a record of founded child
  1 16 abuse, the department of human services and the
  1 17 program, for an employee of the program, shall perform
  1 18 an evaluation to determine whether the crime or
  1 19 founded child abuse warrants prohibition of licensure,
  1 20 employment, or residence in the facility.  The
  1 21 department of human services shall conduct criminal,
  1 22 sex offender, and child abuse record checks in this
  1 23 state and may conduct these checks in other states.
  1 24 The evaluation shall be performed in accordance with
  1 25 procedures adopted for this purpose by the department
  1 26 of human services.
  1 27    2.  If the department of human services determines
  1 28 that a person has committed a crime, is registered in
  1 29 the sex offender registry, or has a record of founded
  1 30 child abuse and is licensed, employed by a program
  1 31 licensed under this chapter, or resides in a licensed
  1 32 facility the department shall notify the program that
  1 33 an evaluation will be conducted to determine whether
  1 34 prohibition of the person's licensure, employment, or
  1 35 residence is warranted.
  1 36    Sec.    .  Section 135C.33, subsection 1, Code
  1 37 1995, is amended to read as follows:
  1 38    1.  On or after July 1, 1994 1996, with regard to
  1 39 new applicants for licensure or employment, if a
  1 40 person is being considered for licensure under this
  1 41 chapter, or for employment involving direct
  1 42 responsibility for a resident or with access to a
  1 43 resident when the resident is alone, or if the person
  1 44 considered for licensure or employment under this
  1 45 chapter will reside in a facility, the facility may
  1 46 request that the department of human services shall
  1 47 conduct criminal, sex offender registry, and child and
  1 48 dependent adult abuse record checks in this state and
  1 49 in other states, on a random basis.  Beginning July 1,
  1 50 1994, a facility shall inform all new applicants for
  2  1 employment of the possibility of the performance of a
  2  2 record check and shall obtain, from the applicant, a
  2  3 signed acknowledgment of the receipt of the
  2  4 information.  Additionally, on or after July 1, 1994,
  2  5 a facility shall include the following inquiry in an
  2  6 application for employment:  "Do you have a record of
  2  7 founded child or dependent adult abuse or have you
  2  8 ever been convicted of a crime, in this state or any
  2  9 other state?"  If the person has been convicted of a
  2 10 crime under a law of any state, is registered in the
  2 11 sex offender registry, or has a record of founded
  2 12 child or dependent adult abuse, the department of
  2 13 human services shall perform an evaluation to
  2 14 determine whether the crime, sex offense, or founded
  2 15 child or dependent adult abuse warrants prohibition of
  2 16 licensure, employment, or residence in the facility.
  2 17 The evaluation shall be performed in accordance with
  2 18 procedures adopted for this purpose by the department
  2 19 of human services.
  2 20    Sec.    .  Section 135H.7, subsection 2, paragraphs
  2 21 a and b, Code 1995, are amended to read as follows:
  2 22    a.  If a person is being considered for licensure
  2 23 under this chapter, or for employment involving direct
  2 24 responsibility for a child or with access to a child
  2 25 when the child is alone, by a licensed psychiatric
  2 26 institution, or if a person will reside in a facility
  2 27 utilized by a licensee, and if the person has been
  2 28 convicted of a crime, is registered in the sex
  2 29 offender registry under chapter 692A, or has a record
  2 30 of founded child abuse, the department of human
  2 31 services and the licensee, for an employee of the
  2 32 licensee, shall perform an evaluation to determine
  2 33 whether the crime or founded child abuse warrants
  2 34 prohibition of licensure, employment, or residence in
  2 35 the facility.  The department of human services shall
  2 36 conduct criminal and child abuse record checks in this
  2 37 state and may conduct these checks in other states.
  2 38 The evaluation shall be performed in accordance with
  2 39 procedures adopted for this purpose by the department
  2 40 of human services.
  2 41    b.  If the department of human services determines
  2 42 that a person has committed a crime, is registered in
  2 43 the sex offender registry, or has a record of founded
  2 44 child abuse and is licensed, employed by a psychiatric
  2 45 institution licensed under this chapter, or resides in
  2 46 a licensed facility the department shall notify the
  2 47 program that an evaluation will be conducted to
  2 48 determine whether prohibition of the person's
  2 49 licensure, employment, or residence is warranted.
  2 50    Sec.    .  NEW SECTION.  217.45  RECORDS CHECKS.
  3  1    1.  For the purposes of this section, "licensee"
  3  2 means an applicant for or licensee under chapter 135B,
  3  3 135G, or 135J.  If a person is being considered for
  3  4 licensure under chapter 135B, 135G, or 135J, or for
  3  5 employment involving direct responsibility for a
  3  6 patient receiving services from a licensee or with
  3  7 access to a patient when the patient is alone, by a
  3  8 licensee, or if a person will reside in a facility
  3  9 utilized by a licensee, and if the person has been
  3 10 convicted of a crime, is registered in the sex
  3 11 offender registry under chapter 692A, or has a record
  3 12 of founded child or dependent adult abuse, the
  3 13 department and the licensee for an employee of the
  3 14 licensee shall perform an evaluation to determine
  3 15 whether the crime or founded dependent adult abuse or
  3 16 child abuse warrants prohibition of licensure,
  3 17 employment, or residence in the facility.  The
  3 18 department shall conduct criminal, sex offender
  3 19 registry, and child abuse and dependent adult abuse
  3 20 record checks in this state and may conduct these
  3 21 checks in other states.  The evaluation shall be
  3 22 performed in accordance with procedures adopted for
  3 23 this purpose by the department.
  3 24    2.  If the department determines that a person has
  3 25 committed a crime, is registered in the sex offender
  3 26 registry, or has a record of founded abuse and is
  3 27 licensed, employed by a licensee, or resides in a
  3 28 facility utilized by a licensee, the department shall
  3 29 notify the licensee that an evaluation will be
  3 30 conducted to determine whether prohibition of the
  3 31 person's licensure, employment, or residence is
  3 32 warranted.
  3 33    3.  In an evaluation, the department and the
  3 34 licensee for an employee of the licensee shall
  3 35 consider the nature and seriousness of the crime or
  3 36 founded abuse in relation to the position sought or
  3 37 held, the time elapsed since the commission of the
  3 38 crime or founded abuse, the circumstances under which
  3 39 the crime or founded abuse was committed, the degree
  3 40 of rehabilitation, the likelihood that the person will
  3 41 commit the crime or founded abuse again, and the
  3 42 number of crimes or founded abuses committed by the
  3 43 person involved.  The department may permit a person
  3 44 who is evaluated to be licensed, employed, or to
  3 45 reside, or to continue to be licensed, employed, or to
  3 46 reside in a facility utilized by a licensee, if the
  3 47 person complies with the department's conditions
  3 48 relating to the person's licensure, employment, or
  3 49 residence, which may include completion of additional
  3 50 training.  For an employee of a licensee, these
  4  1 conditional requirements shall be developed with the
  4  2 licensee.  The department has final authority in
  4  3 determining whether prohibition of the person's
  4  4 licensure, employment, or residence is warranted and
  4  5 in developing any conditional requirements under this
  4  6 paragraph.
  4  7    4.  If the department determines that the person
  4  8 has committed a crime or has a record of founded abuse
  4  9 which warrants prohibition of licensure, employment,
  4 10 or residence, the person shall not be licensed under
  4 11 chapter 135B, 135G, or 135J and shall not be employed
  4 12 by a licensee or reside in a facility utilized by a
  4 13 licensee.
  4 14    Sec.    .  Section 237.8, subsection 2, paragraphs
  4 15 a and b, Code 1995, are amended to read as follows:
  4 16    a.  If a person is being considered for licensure
  4 17 under this chapter, or for employment involving direct
  4 18 responsibility for a child or with access to a child
  4 19 when the child is alone, by a licensee under this
  4 20 chapter, or if a person will reside in a facility
  4 21 utilized by a licensee, and if the person has been
  4 22 convicted of a crime, is registered in the sex
  4 23 offender registry under chapter 692A, or has a record
  4 24 of founded child abuse, the department and the
  4 25 licensee for an employee of the licensee shall perform
  4 26 an evaluation to determine whether the crime or
  4 27 founded child abuse warrants prohibition of licensure,
  4 28 employment, or residence in the facility.  The
  4 29 department shall conduct criminal, sex offender
  4 30 registry, and child abuse record checks in this state
  4 31 and may conduct these checks in other states.  The
  4 32 evaluation shall be performed in accordance with
  4 33 procedures adopted for this purpose by the department.
  4 34    b.  If the department determines that a person has
  4 35 committed a crime, is registered in the sex offender
  4 36 registry, or has a record of founded child abuse and
  4 37 is licensed, employed by a licensee, or resides in a
  4 38 licensed facility the department shall notify the
  4 39 licensee that an evaluation will be conducted to
  4 40 determine whether prohibition of the person's
  4 41 licensure, employment, or residence is warranted.
  4 42    Sec.    .  Section 237A.5, subsection 2, paragraphs
  4 43 a and b, Code 1995, are amended to read as follows:
  4 44    a.  If a person is being considered for licensure
  4 45 or registration under this chapter, or for employment
  4 46 involving direct responsibility for a child or with
  4 47 access to a child when the child is alone, by a child
  4 48 day care facility subject to licensure or registration
  4 49 under this chapter, or if a person will reside in a
  4 50 facility, and if the person has been convicted of a
  5  1 crime, is registered in the sex offender registry
  5  2 under chapter 692A, or has a record of founded child
  5  3 abuse, the department and the licensee or registrant
  5  4 for an employee of the licensee or registrant shall
  5  5 perform an evaluation to determine whether the crime
  5  6 or founded child abuse warrants prohibition of
  5  7 licensure, registration, employment, or residence in
  5  8 the facility.  The department shall conduct criminal,
  5  9 sex offender registry, and child abuse record checks
  5 10 in this state and may conduct these checks in other
  5 11 states.  The evaluation shall be performed in
  5 12 accordance with procedures adopted for this purpose by
  5 13 the department.
  5 14    b.  If the department determines that a person has
  5 15 committed a crime, is registered in the sex offender
  5 16 registry, or has a record of founded child abuse and
  5 17 is licensed, employed by a licensee or registrant or
  5 18 registered under this chapter, or resides in a
  5 19 licensed or registered facility the department shall
  5 20 notify the licensee or registrant that an evaluation
  5 21 will be conducted to determine whether prohibition of
  5 22 the person's licensure, registration, employment, or
  5 23 residence is warranted."
  5 24    Sec.    .  Section 600.8, subsection 1, paragraph
  5 25 a, subparagraph (3), Code 1995, is amended to read as
  5 26 follows:
  5 27    (3)  Whether the prospective adoption petitioner
  5 28 has been convicted of a crime under a law of any
  5 29 state, is registered in the sex offender registry
  5 30 under chapter 692A, or has a record of founded child
  5 31 abuse."
  5 32    #2.  Page 2, by inserting after line 22 the
  5 33 following:
  5 34    "Sec.    .  Section 692A.13, Code Supplement 1995,
  5 35 is amended by adding the following new subsection:
  5 36    NEW SUBSECTION.    .  The department shall disclose
  5 37 information to any of the following individuals,
  5 38 agencies, or facilities associated with providing care
  5 39 to a person:
  5 40    a.  To an employee or agent of the department of
  5 41 human services responsible for conducting record
  5 42 checks or evaluations of employees of a juvenile
  5 43 substance abuse program licensed under section 125.14A
  5 44 and the administrator of a program if the information
  5 45 concerns a person employed by or being considered for
  5 46 employment by or living in a facility utilized by the
  5 47 program.
  5 48    b.  To an employee or agent of the department of
  5 49 human services responsible for conducting record
  5 50 checks or evaluations of employees of a psychiatric
  6  1 medical institution for children licensed under
  6  2 chapter 135H and the administrator of a licensee if
  6  3 the information concerns a person employed by or being
  6  4 considered for employment by or living in a facility
  6  5 utilized by the licensee.
  6  6    c.  To an employee or agent of the department of
  6  7 human services for purposes of records checks of
  6  8 licensees and applicants for licenses under chapters
  6  9 135B, 135G, and 135J and of employees and prospective
  6 10 employees of the licensees, as required by section
  6 11 217.45.
  6 12    d.  To an employee or agent of the department of
  6 13 human services responsible for registering or
  6 14 licensing or approving the registration or licensing
  6 15 of an individual, agency, or facility under section
  6 16 232.142 or chapter 237 or 237A.
  6 17    e.  To an employee of the department of human
  6 18 services responsible for an adoptive placement, a
  6 19 certified adoption investigator, or licensed child-
  6 20 placing agency responsible for an adoptive placement.
  6 21    f.  To an administrator of a child foster care
  6 22 facility licensed under chapter 237 if the information
  6 23 concerns a person employed by or being considered for
  6 24 employment by or living in the facility.
  6 25    g.  To an administrator of a child day care
  6 26 facility registered or licensed under chapter 237A if
  6 27 the information concerns a person employed by or being
  6 28 considered for employment by or living in the
  6 29 facility."
  6 30    #3.  Title page, by striking lines 1 and 2 and
  6 31 inserting the following:  "An Act providing for
  6 32 criminal record, sex offender registry, and child and
  6 33 dependent abuse record checks for certain facilities
  6 34 and requiring certain persons to register with the sex
  6 35 offender registry and providing a penalty."
  6 36    #4.  By renumbering as necessary.  
  6 37 
  6 38 
  6 39                              
  6 40 KREIMAN of Davis
  6 41 SF 2208.204 76
  6 42 mk/jj
     

Text: H05605                            Text: H05607
Text: H05600 - H05699                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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