Text: H05619 Text: H05621 Text: H05600 - H05699 Text: H Index Bills and Amendments: General Index Bill History: General Index
Get Version To Print
This file contains UNDERSCORE. If you cannot see the UNDERSCORE attribute or would like to change how this attribute is displayed, please use the following form to make the desired change.
-->
PAG LIN
1 1 Amend the amendment, H-5478, to Senate File 2442,
1 2 as amended, passed, and reprinted by the Senate, as
1 3 follows:
1 4 #1. Page 9, by inserting after line 30 the
1 5 following:
1 6 "# . Page 43, by inserting after line 21 the
1 7 following:
1 8 "Sec. . Section 235A.15, subsection 2,
1 9 paragraph e, Code Supplement 1995, is amended by
1 10 adding the following new subparagraph:
1 11 NEW SUBPARAGRAPH. (15) To employees of the
1 12 department of human services as necessary to perform
1 13 child abuse-child care registry duties under chapter
1 14 235D.
1 15 Sec. . Section 235A.17, Code 1995, is amended
1 16 by adding the following new subsection:
1 17 NEW SUBSECTION. 3. An employee of the department
1 18 of human services authorized to receive child abuse
1 19 information for purposes of the child abuse-child care
1 20 registry pursuant to section 235A.15, subsection 2,
1 21 paragraph "e", subparagraph (15) may redisseminate the
1 22 information in accordance with the provisions of
1 23 chapter 235D.
1 24 Sec. . NEW SECTION. 235D.1 DEFINITIONS.
1 25 As used in this chapter, unless the context
1 26 otherwise requires:
1 27 1. "Central child abuse registry" or "central
1 28 registry" means the central child abuse registry
1 29 created in chapter 235A.
1 30 2. "Child abuse-child care registry" means the
1 31 central child abuse-child care registry created by the
1 32 department pursuant to section 235D.9.
1 33 3. "Child day care" means the same as defined in
1 34 section 237A.1.
1 35 4. "Department" means the department of human
1 36 services.
1 37 5. "Founded child abuse report" means a child
1 38 abuse report determined by the department to be child
1 39 abuse and placed in the central child abuse registry
1 40 as founded child abuse.
1 41 Sec. . NEW SECTION. 235D.2 PERSONS REQUIRED
1 42 TO REGISTER.
1 43 1. A person who provides child day care and who is
1 44 named as having abused a child in a founded child
1 45 abuse report, which is placed in the central registry
1 46 on or after July 1, 1996, shall register as provided
1 47 in this chapter for a period of time equivalent to the
1 48 period of time the report is maintained on the central
1 49 child abuse registry.
1 50 2. The registration requirements of this section
2 1 do not apply to any of the following:
2 2 a. A person for whom the department has performed
2 3 an evaluation pursuant to section 237A.5, subsection
2 4 2, and has permitted the person to be licensed,
2 5 registered, employed, or to reside in a child day care
2 6 facility, if the person complies with the department's
2 7 conditions established in section 237A.5, subsection
2 8 2, paragraph "c".
2 9 b. A person who was named as having abused a child
2 10 in a founded child abuse report in which the
2 11 information concerning the person was determined to be
2 12 unfounded and was corrected or eliminated pursuant to
2 13 section 235A.19, subsection 5.
2 14 Sec. . NEW SECTION. 235D.3 REGISTRATION
2 15 PROCESS.
2 16 All of the following applies to a person who is
2 17 required to register with the department, pursuant to
2 18 section 235D.2:
2 19 1. The person shall register with the child abuse-
2 20 child care registry prior to providing child day care.
2 21 However, if the person is providing child day care at
2 22 the time the founded child abuse report is entered in
2 23 the central registry, the person shall register within
2 24 ten days of the date the person is notified of the
2 25 duty to register under section 235D.5.
2 26 2. Within ten days of changing residence within
2 27 this state, notify the child abuse-child care registry
2 28 of the change of address and any changes in the
2 29 person's telephone number. The notification shall be
2 30 in writing on a form provided by the department.
2 31 3. Within ten days of changing residence to a
2 32 location outside of this state, the person shall
2 33 notify the child abuse-child care registry of the new
2 34 residence address, and any changes in telephone
2 35 number. If the person is required to register under
2 36 the laws of the other state, the person shall register
2 37 in the other state.
2 38 Sec. . NEW SECTION. 235D.4 REGISTRATION
2 39 RENEWAL.
2 40 A person required to register with the department
2 41 pursuant to section 235D.2 shall annually renew the
2 42 person's registration and verify the person's address
2 43 using a renewal form developed by the department. The
2 44 person shall renew the registration in the month in
2 45 which the person was initially required to register.
2 46 The renewal form shall be signed by the person.
2 47 Sec. . NEW SECTION. 235D.5 DUTY TO FACILITATE
2 48 REGISTRATION.
2 49 If a founded child abuse report is entered in the
2 50 central registry on or after July 1, 1996, which would
3 1 cause a person to be required to register with the
3 2 department pursuant to section 235D.2, the department
3 3 shall do the following at the time a founded child
3 4 abuse report is entered in the central registry:
3 5 1. Inform the person of the duty to register.
3 6 2. Inform the person of the person's duty to
3 7 notify the child abuse-child care registry within ten
3 8 days of changing residence within this state.
3 9 3. Inform the person of the person's duty to
3 10 notify the child abuse-child care registry within ten
3 11 days of changing residence to a location outside this
3 12 state, and inform the person that, if the other state
3 13 has a registration requirement, the person is also
3 14 required to register in the new state of residence.
3 15 4. Require the person to read and sign a form
3 16 stating that the duty of the person to register under
3 17 this chapter has been explained. If the person cannot
3 18 read, is unable to write, or refuses to cooperate, the
3 19 duty and the form shall be explained orally and a
3 20 written record maintained by the person explaining the
3 21 duty and the form.
3 22 Sec. . NEW SECTION. 235D.6 REGISTRATION FEES
3 23 FOR OFFENDERS.
3 24 At the time of filing an initial registration, or a
3 25 renewal of registration with the department, a person
3 26 who is required to register pursuant to section 235D.2
3 27 shall pay an annual fee of one hundred twenty-five
3 28 dollars to the department. If, at the time of
3 29 registration, the person who is required to register
3 30 is unable to pay the fee, the department may allow the
3 31 person time to pay the fee, permit the payment of the
3 32 fee in installments, or waive payment of the fee for
3 33 good cause. Fees paid to the department shall be used
3 34 to defray the costs of duties related to the
3 35 registration of persons under this chapter.
3 36 Sec. . NEW SECTION. 235D.7 FAILURE TO COMPLY
3 37 – PENALTY.
3 38 A person who willfully fails to register as
3 39 required under this chapter commits a serious
3 40 misdemeanor for a first offense and an aggravated
3 41 misdemeanor for a second or subsequent offense.
3 42 However, a person who willfully fails to register as
3 43 required under this chapter and who, during the period
3 44 in which the person has willfully failed to register,
3 45 commits a criminal offense against a child under
3 46 chapter 709, 709A, 710, 725, 726, or 728, commits a
3 47 class "D" felony. The court shall not defer judgment
3 48 or sentence for any violation of the registration
3 49 requirements of this chapter.
3 50 Sec. . NEW SECTION. 235D.8 REGISTRATION AND
4 1 DISCLOSURE PROCESS.
4 2 1. The department shall prepare registration
4 3 forms. The forms shall include the registrant's name,
4 4 social security number, current address, and, if
4 5 applicable, telephone number. In addition, the
4 6 registration form shall include the names, addresses,
4 7 and telephone numbers of the children for which the
4 8 registrant is providing child day care as well as this
4 9 information for the children's parent, guardian, or
4 10 custodian. The forms may provide for the reporting of
4 11 additional relevant information, including but not
4 12 limited to, residents in the household of the person
4 13 required to register, but shall not include
4 14 information identifying the victim of the child abuse
4 15 which the registrant was found to have committed.
4 16 Forms shall be available to any person upon request to
4 17 the department.
4 18 2. a. The department shall prepare disclosure
4 19 forms which shall be made available to a registrant.
4 20 The disclosure form shall provide for a written
4 21 acknowledgment by the parent or guardian of each child
4 22 for which the registrant provides child day care that
4 23 the registrant is required to register with the child
4 24 care-child abuse registry by reason of having been
4 25 named as having abused a child in a founded child
4 26 abuse report. The form shall also provide
4 27 instructions regarding the parent's, guardian's, or
4 28 custodian's access to information maintained in the
4 29 child abuse-child care registry.
4 30 b. The disclosure form shall be signed by the
4 31 parent or guardian of each child for which the
4 32 registrant provides child day care, acknowledging that
4 33 the parent or guardian has read the form. A
4 34 disclosure form shall be filed with the department for
4 35 each child in the registrant's child day care as part
4 36 of the registration requirements. The department
4 37 shall retain a disclosure form filed in accordance
4 38 with this paragraph for a period of three years.
4 39 Sec. . NEW SECTION. 235D.9 DEPARTMENT DUTIES
4 40 – REGISTRY.
4 41 The department shall perform all of the following
4 42 duties:
4 43 1. Develop and disseminate the standard forms for
4 44 registering persons required to register pursuant to
4 45 section 235D.2, and for understanding of registration
4 46 requirements by the persons.
4 47 2. Maintain a central registry of information
4 48 collected from persons required to register under this
4 49 chapter, which shall be known as the child abuse-child
4 50 care registry.
5 1 3. Adopt rules under chapter 17A as necessary to
5 2 do all of the following:
5 3 a. Ensure compliance with registration
5 4 requirements of this chapter.
5 5 b. Provide guidelines for persons required to
5 6 assist in obtaining registry information.
5 7 c. Provide a procedure for the dissemination of
5 8 information contained in the child abuse-child care
5 9 registry. The procedure for the dissemination of
5 10 information shall include, but is not limited to,
5 11 practical guidelines for use by agencies in
5 12 determining when public release of information
5 13 contained in the registry is appropriate and a
5 14 requirement that if a member of the general public
5 15 requests information regarding a specific individual
5 16 in the manner provided in section 235D.11, the
5 17 information shall be released. The department, in
5 18 developing the procedure, shall consult with
5 19 associations which represent the interests of law
5 20 enforcement officers. Rules adopted shall also
5 21 include a procedure for removal of information from
5 22 the registry upon a determination that the information
5 23 concerning the person in the founded child abuse
5 24 report which caused the person to register under this
5 25 chapter was unfounded and was corrected or eliminated
5 26 pursuant to section 235A.19, subsection 5.
5 27 Sec. . NEW SECTION. 235D.10 CHILD ABUSE-CHILD
5 28 CARE REGISTRY FUND.
5 29 A child abuse-child care registry fund is
5 30 established as a separate fund within the state
5 31 treasury under the control of the department. The
5 32 fund shall consist of moneys received from fees
5 33 received under section 235D.6 and other funds allo-
5 34 cated for purposes of establishing and maintaining the
5 35 child abuse-child care registry, conducting research
5 36 and analysis related to child abuse-child care issues,
5 37 and to perform other duties required under this
5 38 chapter. Notwithstanding section 8.33, unencumbered
5 39 or unobligated moneys and any interest remaining in
5 40 the fund on June 30 of any fiscal year shall not
5 41 revert to the general fund of the state, but shall
5 42 remain available for expenditure in subsequent fiscal
5 43 years. Moneys in the fund are appropriated to the
5 44 department to be used only for the purposes delineated
5 45 in this section and are not subject to transfer
5 46 pursuant to section 8.39.
5 47 Sec. . NEW SECTION. 235D.11 AVAILABILITY OF
5 48 RECORDS.
5 49 Notwithstanding chapter 22, the confidentiality of
5 50 information in the child abuse-child care registry
6 1 shall be maintained except as specifically provided as
6 2 follows:
6 3 1. As authorized in section 235A.15.
6 4 2. The department shall release information
6 5 regarding a specific person who is required to
6 6 register under this chapter to a member of the general
6 7 public if the person requesting the information gives
6 8 the person's name and address in writing, states the
6 9 person's reason for requesting the information, and
6 10 provides the department with the name and address of
6 11 the person about whom the information is sought. The
6 12 department shall maintain a record of persons
6 13 requesting information from the registry. The
6 14 confidentiality of the record of a person requesting
6 15 information from the registry shall be maintained,
6 16 unless the person requesting the information from the
6 17 registry requests that the record of the information
6 18 request be a public record.
6 19 3. Information shall not be released which would
6 20 identify the victim's name or location in the founded
6 21 child abuse report which is a part of the child abuse-
6 22 child care registry record.
6 23 Sec. . NEW SECTION. 235D.12 COOPERATION WITH
6 24 REGISTRATION.
6 25 Each agency of state and local government which
6 26 possesses information relevant to requirements that a
6 27 person register under this chapter shall provide that
6 28 information to the department upon request. Any
6 29 confidential record provided pursuant to this section
6 30 shall only be released pursuant to section 235D.11.
6 31 Sec. . NEW SECTION. 235D.13 IMMUNITY FOR GOOD
6 32 FAITH CONDUCT.
6 33 A person is immune from civil or criminal liability
6 34 for acts or omissions arising from a good faith effort
6 35 to comply with this chapter.""
6 36 #2. By renumbering as necessary.
6 37
6 38
6 39
6 40 CATALDO of Polk
6 41
6 42
6 43
6 44 BODDICKER of Cedar
6 45
6 46
6 47
6 48 HOUSER of Pottawatamie
6 49
6 50
7 1
7 2 MORELAND of Wapello
7 3 SF 2442.712 76
7 4 pf/sc
Text: H05619 Text: H05621 Text: H05600 - H05699 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 27 03:25:29 CST 1996
URL: /DOCS/GA/76GA/Legislation/H/05600/H05620/960326.html
jhf