Text: HF02208 Text: HF02210 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 125.14A, subsections 1 and 2, Code
1 2 1995, are amended to read as follows:
1 3 1. If a person is being considered for licensure under
1 4 this chapter, or for employment involving direct
1 5 responsibility for a child or with access to a child when the
1 6 child is alone, by a program admitting juveniles subject to
1 7 licensure under this chapter, or if a person will reside in a
1 8 facility utilized by such a program, and if the person has
1 9 been convicted of a crime, is registered in the sex offender
1 10 registry under chapter 692A, or has a record of founded child
1 11 abuse, the department of human services and the program, for
1 12 an employee of the program, shall perform an evaluation to
1 13 determine whether the crime or founded child abuse warrants
1 14 prohibition of licensure, employment, or residence in the
1 15 facility. The department of human services shall conduct
1 16 criminal, sex offender, and child abuse record checks in this
1 17 state and may conduct these checks in other states. The
1 18 evaluation shall be performed in accordance with procedures
1 19 adopted for this purpose by the department of human services.
1 20 2. If the department of human services determines that a
1 21 person has committed a crime, is registered in the sex
1 22 offender registry, or has a record of founded child abuse and
1 23 is licensed, employed by a program licensed under this
1 24 chapter, or resides in a licensed facility the department
1 25 shall notify the program that an evaluation will be conducted
1 26 to determine whether prohibition of the person's licensure,
1 27 employment, or residence is warranted.
1 28 Sec. 2. Section 135H.7, subsection 2, paragraphs a and b,
1 29 Code 1995, are amended to read as follows:
1 30 2. a. If a person is being considered for licensure under
1 31 this chapter, or for employment involving direct
1 32 responsibility for a child or with access to a child when the
1 33 child is alone, by a licensed psychiatric institution, or if a
1 34 person will reside in a facility utilized by a licensee, and
1 35 if the person has been convicted of a crime, is registered in
2 1 the sex offender registry under chapter 692A, or has a record
2 2 of founded child abuse, the department of human services and
2 3 the licensee, for an employee of the licensee, shall perform
2 4 an evaluation to determine whether the crime or founded child
2 5 abuse warrants prohibition of licensure, employment, or
2 6 residence in the facility. The department of human services
2 7 shall conduct criminal and child abuse record checks in this
2 8 state and may conduct these checks in other states. The
2 9 evaluation shall be performed in accordance with procedures
2 10 adopted for this purpose by the department of human services.
2 11 b. If the department of human services determines that a
2 12 person has committed a crime, is registered in the sex
2 13 offender registry, or has a record of founded child abuse and
2 14 is licensed, employed by a psychiatric institution licensed
2 15 under this chapter, or resides in a licensed facility the
2 16 department shall notify the program that an evaluation will be
2 17 conducted to determine whether prohibition of the person's
2 18 licensure, employment, or residence is warranted.
2 19 Sec. 3. Section 237.8, subsection 2, paragraphs a and b,
2 20 Code 1995, are amended to read as follows:
2 21 a. If a person is being considered for licensure under
2 22 this chapter, or for employment involving direct
2 23 responsibility for a child or with access to a child when the
2 24 child is alone, by a licensee under this chapter, or if a
2 25 person will reside in a facility utilized by a licensee, and
2 26 if the person has been convicted of a crime, is registered in
2 27 the sex offender registry under chapter 692A, or has a record
2 28 of founded child abuse, the department and the licensee for an
2 29 employee of the licensee shall perform an evaluation to
2 30 determine whether the crime or founded child abuse warrants
2 31 prohibition of licensure, employment, or residence in the
2 32 facility. The department shall conduct criminal, sex offender
2 33 registry, and child abuse record checks in this state and may
2 34 conduct these checks in other states. The evaluation shall be
2 35 performed in accordance with procedures adopted for this
3 1 purpose by the department.
3 2 b. If the department determines that a person has
3 3 committed a crime, is registered in the sex offender registry,
3 4 or has a record of founded child abuse and is licensed,
3 5 employed by a licensee, or resides in a licensed facility the
3 6 department shall notify the licensee that an evaluation will
3 7 be conducted to determine whether prohibition of the person's
3 8 licensure, employment, or residence is warranted.
3 9 Sec. 4. Section 237A.5, subsection 2, paragraphs a and b,
3 10 Code 1995, are amended to read as follows:
3 11 a. If a person is being considered for licensure or
3 12 registration under this chapter, or for employment involving
3 13 direct responsibility for a child or with access to a child
3 14 when the child is alone, by a child day care facility subject
3 15 to licensure or registration under this chapter, or if a
3 16 person will reside in a facility, and if the person has been
3 17 convicted of a crime, is registered in the sex offender
3 18 registry under chapter 692A, or has a record of founded child
3 19 abuse, the department and the licensee or registrant for an
3 20 employee of the licensee or registrant shall perform an
3 21 evaluation to determine whether the crime or founded child
3 22 abuse warrants prohibition of licensure, registration,
3 23 employment, or residence in the facility. The department
3 24 shall conduct criminal, sex offender registry, and child abuse
3 25 record checks in this state and may conduct these checks in
3 26 other states. The evaluation shall be performed in accordance
3 27 with procedures adopted for this purpose by the department.
3 28 b. If the department determines that a person has
3 29 committed a crime, is registered in the sex offender registry,
3 30 or has a record of founded child abuse and is licensed,
3 31 employed by a licensee or registrant or registered under this
3 32 chapter, or resides in a licensed or registered facility the
3 33 department shall notify the licensee or registrant that an
3 34 evaluation will be conducted to determine whether prohibition
3 35 of the person's licensure, registration, employment, or
4 1 residence is warranted.
4 2 Sec. 5. Section 600.8, subsection 1, paragraph a,
4 3 subparagraph (3), Code 1995, is amended to read as follows:
4 4 (3) Whether the prospective adoption petitioner has been
4 5 convicted of a crime under a law of any state, is registered
4 6 in the sex offender registry under chapter 692A, or has a
4 7 record of founded child abuse.
4 8 Sec. 6. Section 692A.13, Code Supplement 1995, is amended
4 9 by adding the following new subsection:
4 10 NEW SUBSECTION. 8. The department shall disclose
4 11 information to any of the following individuals, agencies, or
4 12 facilities associated with providing care to a child:
4 13 a. To an employee or agent of the department of human
4 14 services responsible for conducting record checks or
4 15 evaluations of employees of a juvenile substance abuse program
4 16 licensed under section 125.14A and the administrator of a
4 17 program if the information concerns a person employed by or
4 18 being considered for employment by or living in a facility
4 19 utilized by the program.
4 20 b. To an employee or agent of the department of human
4 21 services responsible for conducting record checks or
4 22 evaluations of employees of a psychiatric medical institution
4 23 for children licensed under chapter 135H and the administrator
4 24 of a licensee if the information concerns a person employed by
4 25 or being considered for employment by or living in a facility
4 26 utilized by the licensee.
4 27 c. To an employee or agent of the department of human
4 28 services responsible for registering or licensing or approving
4 29 the registration or licensing of an individual, agency, or
4 30 facility under section 232.142 or chapter 237 or 237A.
4 31 d. To an employee of the department of human services
4 32 responsible for an adoptive placement, a certified adoption
4 33 investigator, or licensed child-placing agency responsible for
4 34 an adoptive placement.
4 35 e. To an administrator of a child foster care facility
5 1 licensed under chapter 237 if the information concerns a
5 2 person employed by or being considered for employment by or
5 3 living in the facility.
5 4 f. To an administrator of a child day care facility
5 5 registered or licensed under chapter 237A if the information
5 6 concerns a person employed by or being considered for
5 7 employment by or living in the facility.
5 8 EXPLANATION
5 9 This bill relates to sex offender registry checks involving
5 10 persons associated with the care of children.
5 11 The sex offender registry created in chapter 692A requires
5 12 registration of certain persons convicted of the following
5 13 crimes: criminal offense against a minor, sexual
5 14 exploitation, or a sexually violent offense.
5 15 Section 125.14A, relating to licensed substance abuse
5 16 programs admitting juveniles, is amended to include a sex
5 17 offender registry check along with the requirement in current
5 18 law for a criminal and founded child abuse check.
5 19 Section 135H.7, relating to psychiatric medical
5 20 institutions for children, is amended to include a sex
5 21 offender registry check along with the requirement in current
5 22 law for a criminal and founded child abuse check.
5 23 The bill amends section 237.8 to include a sex offender
5 24 registry check along with the requirement in current law for a
5 25 criminal and founded child abuse check. This section applies
5 26 to individuals or employees of agencies licensed by the state
5 27 to provide child foster care, and county or multicounty
5 28 juvenile detention and shelter care facilities.
5 29 Section 237A.5, relating to child day care providers, is
5 30 amended to include a sex offender registry check along with
5 31 the requirement in current law for a criminal and founded
5 32 child abuse check.
5 33 Section 600.8, relating to adoption placement
5 34 investigations, is amended to include a sex offender registry
5 35 check along with the requirement in current law for a criminal
6 1 and founded child abuse check.
6 2 Section 692A.13 is amended to authorize access to the sex
6 3 offender registry on the part of the department of human
6 4 services staff and the substance abuse, psychiatric medical
6 5 institutions for children, foster care, child day care, and
6 6 adoption agencies and facilities for which the registry check
6 7 is required by the bill.
6 8 LSB 4247HV 76
6 9 jp/jw/5
Text: HF02208 Text: HF02210 Text: HF02200 - HF02299 Text: HF 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: Tue Mar 12 03:25:20 CST 1996
URL: /DOCS/GA/76GA/Legislation/HF/02200/HF02209/960214.html
jhf