Text: HSB00589 Text: HSB00591 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 237.8, subsection 2, paragraphs a and 1 2 b, Code 1995, are amended to read as follows: 1 3 a. 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 licensee under this chapter, or if a 1 7 person will reside in a facility utilized by a licensee, and 1 8 if the person has been convicted of a crime, is registered in 1 9 the sex offender registry under chapter 692A, or has a record 1 10 of founded child abuse, the department and the licensee for an 1 11 employee of the licensee shall perform an evaluation to 1 12 determine whether the crime or founded child abuse warrants 1 13 prohibition of licensure, employment, or residence in the 1 14 facility. The department shall conduct criminal, sex offender 1 15 registry, and child abuse record checks in this state and may 1 16 conduct these checks in other states. The evaluation shall be 1 17 performed in accordance with procedures adopted for this 1 18 purpose by the department. 1 19 b. If the department determines that a person has 1 20 committed a crime, is registered in the sex offender registry, 1 21 or has a record of founded child abuse and is licensed, 1 22 employed by a licensee, or resides in a licensed facility the 1 23 department shall notify the licensee that an evaluation will 1 24 be conducted to determine whether prohibition of the person's 1 25 licensure, employment, or residence is warranted. 1 26 Sec. 2. Section 237A.5, subsection 2, paragraphs a and b, 1 27 Code 1995, are amended to read as follows: 1 28 a. If a person is being considered for licensure or 1 29 registration under this chapter, or for employment involving 1 30 direct responsibility for a child or with access to a child 1 31 when the child is alone, by a child day care facility subject 1 32 to licensure or registration under this chapter, or if a 1 33 person will reside in a facility, and if the person has been 1 34 convicted of a crime, is registered in the sex offender 1 35 registry under chapter 692A, or has a record of founded child 2 1 abuse, the department and the licensee or registrant for an 2 2 employee of the licensee or registrant shall perform an 2 3 evaluation to determine whether the crime or founded child 2 4 abuse warrants prohibition of licensure, registration, 2 5 employment, or residence in the facility. The department 2 6 shall conduct criminal, sex offender registry, and child abuse 2 7 record checks in this state and may conduct these checks in 2 8 other states. The evaluation shall be performed in accordance 2 9 with procedures adopted for this purpose by the department. 2 10 b. If the department determines that a person has 2 11 committed a crime, is registered in the sex offender registry, 2 12 or has a record of founded child abuse and is licensed, 2 13 employed by a licensee or registrant or registered under this 2 14 chapter, or resides in a licensed or registered facility the 2 15 department shall notify the licensee or registrant that an 2 16 evaluation will be conducted to determine whether prohibition 2 17 of the person's licensure, registration, employment, or 2 18 residence is warranted. 2 19 Sec. 3. Section 600.8, subsection 1, paragraph a, 2 20 subparagraph (3), Code 1995, is amended to read as follows: 2 21 (3) Whether the prospective adoption petitioner has been 2 22 convicted of a crime under a law of any state, is registered 2 23 in the sex offender registry under chapter 692A, or has a 2 24 record of founded child abuse. 2 25 Sec. 4. Section 692A.13, Code Supplement 1995, is amended 2 26 by adding the following new subsection: 2 27 NEW SUBSECTION. 8. The department shall disclose 2 28 information to any of the following individuals, agencies, or 2 29 facilities associated with providing care to a child: 2 30 a. To an employee or agent of the department of human 2 31 services responsible for registering or licensing or approving 2 32 the registration or licensing of an individual, agency, or 2 33 facility under chapter 237 or 237A. 2 34 b. To an employee of the department of human services 2 35 responsible for an adoptive placement, a certified adoption 3 1 investigator, or licensed child-placing agency responsible for 3 2 an adoptive placement. 3 3 c. To an administrator of a child foster care facility 3 4 licensed under chapter 237 if the information concerns a 3 5 person employed by or being considered for employment by or 3 6 living in the facility. 3 7 d. To an administrator of a child day care facility 3 8 registered or licensed under chapter 237A if the information 3 9 concerns a person employed by or being considered for 3 10 employment by or living in the facility. 3 11 EXPLANATION 3 12 This bill relates to sex offender registry checks involving 3 13 child day care, foster care, and adoptions. 3 14 The sex offender registry created in chapter 692A requires 3 15 registration of certain persons convicted of the following 3 16 crimes: criminal offense against a minor, sexual 3 17 exploitation, or a sexually violent offense. 3 18 The bill amends section 237.8 to include a sex offender 3 19 registry check along with the requirement in current law for a 3 20 criminal and founded child abuse check. This section applies 3 21 to individuals or employees of agencies licensed by the state 3 22 to provide child foster care, and county or multicounty 3 23 juvenile detention and shelter care facilities. 3 24 Section 237A.5, relating to child day care providers, is 3 25 amended to include a sex offender registry check along with 3 26 the requirement in current law for a criminal and founded 3 27 child abuse check. 3 28 Section 600.8, relating to adoption placement 3 29 investigations, is amended to include a sex offender registry 3 30 check along with the requirement in current law for a criminal 3 31 and founded child abuse check. 3 32 Section 692A.13 is amended to authorize access to the sex 3 33 offender registry on the part of the department of human 3 34 services staff and the foster care, child day care, and 3 35 adoption agencies and facilities for which the registry check 4 1 is required by the bill. 4 2 LSB 3733XL 76 4 3 jp/jw/5
Text: HSB00589 Text: HSB00591 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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