Text: HF02284 Text: HF02286 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 237A.5, Code 1995, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 6. a. If a person providing child day
1 4 care has committed a crime or has a record of founded child
1 5 abuse, the person shall disclose the existence of the crime or
1 6 record of founded child abuse to the parent, guardian, or
1 7 custodian of each child for whom the person provides care.
1 8 The provisions of this subsection apply to any person
1 9 providing child day care, whether unregistered, registered, or
1 10 licensed under this chapter.
1 11 b. If a person known by the person who owns or operates a
1 12 child day care facility to have committed a crime or have a
1 13 record of founded child abuse is employed by, has access to a
1 14 child when the child is alone, or resides in the facility, the
1 15 owner or operator shall disclose the existence of the crime or
1 16 record of founded child abuse to the parent, guardian, or
1 17 custodian of each child for which the facility provides care.
1 18 c. A record of a disclosure made under this subsection
1 19 shall be maintained by the person or facility owner or
1 20 operator required to make the disclosure for a period of at
1 21 least three years from the date of the disclosure.
1 22 d. A person or owner or operator required to make a
1 23 disclosure under this section who willfully fails to do so
1 24 commits a serious misdemeanor.
1 25 e. A person or owner or operator required to make a
1 26 disclosure under this section who knowingly fails to do so is
1 27 civilly liable for damages proximately caused by the failure
1 28 to make the disclosure.
1 29 EXPLANATION
1 30 This bill amends the child day care chapter by requiring
1 31 disclosure regarding a child day care provider, employee, or
1 32 resident who has committed a crime or has a record of founded
1 33 child abuse. The disclosure is required to be provided to the
1 34 parent, guardian, or custodian of each child receiving child
1 35 day care. A record of making the disclosure must be made by
2 1 the person or facility required to make the disclosure and the
2 2 record must be retained for at least three years. Willful
2 3 failure to make the required disclosure is a serious
2 4 misdemeanor. A knowing failure to make the disclosure creates
2 5 a civil liability for damages directly resulting from the
2 6 failure to make the disclosure.
2 7 LSB 3905HH 76
2 8 jp/cf/24
Text: HF02284 Text: HF02286 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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