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Text: S05349                            Text: S05351
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Senate Amendment 5350

Amendment Text

PAG LIN
  1  1    Amend Senate File 2399 as follows:
  1  2    #1.  Page 1, by inserting before line 1 the
  1  3 following:
  1  4    "Section 1.  Section 135.43, subsection 3,
  1  5 paragraph e, Code Supplement 1995, is amended to read
  1  6 as follows:
  1  7    e.  Develop protocols for and establish a committee
  1  8 to review assessments of harm to a child abuse
  1  9 investigations which involve the death of a child.
  1 10    Sec.    .  Section 135.43, subsection 6, Code
  1 11 Supplement 1995, is amended to read as follows:
  1 12    6.  The Iowa department of public health and the
  1 13 department of human services shall adopt rules
  1 14 providing for disclosure of information which is
  1 15 confidential under chapter 22 or any other provision
  1 16 of state law, to the review team for purposes of
  1 17 performing its child death and assessment of harm to a
  1 18 child abuse review responsibilities."
  1 19    #2.  Page 10, by striking lines 23 through 26 and
  1 20 inserting the following:
  1 21    "b.  A copy of this report the written assessment
  1 22 which pertains to the reported allegation of harm to a
  1 23 child shall be transmitted to the juvenile court
  1 24 within".
  1 25    #3.  Page 11, by striking lines 1 and 2 and
  1 26 inserting the following:  "contemplated with respect
  1 27 to the child named in the report of suspected harm to
  1 28 the child or any other individual named in the written
  1 29 assessment."
  1 30    #4.  Page 17, by inserting after line 24 the
  1 31 following:
  1 32    "Sec.    .  Section 232.97, subsection 1, Code
  1 33 1995, is amended to read to read as follows:
  1 34    1.  The court shall not make a disposition of the
  1 35 petition until two working days after a social report
  1 36 has been submitted to the court and counsel for the
  1 37 child and has been considered by the court.  The court
  1 38 may waive the two-day requirement upon agreement by
  1 39 all the parties.  The court may direct either the
  1 40 juvenile court officer or the department of human
  1 41 services or any other agency licensed by the state to
  1 42 conduct a social investigation and to prepare a social
  1 43 report which may include any evidence provided by an
  1 44 individual providing foster care for the child.  A
  1 45 report prepared shall include any founded
  1 46 substantiated reports of child abuse.
  1 47    Sec.    .  Section 232.141, subsection 6, Code
  1 48 1995, is amended to read as follows:
  1 49    6.  If a child is given physical or mental
  1 50 examinations or treatment relating to a an assessment
  2  1 of harm to a child abuse investigation with the
  2  2 consent of the child's parent, guardian, or legal
  2  3 custodian and no other provision of law otherwise
  2  4 requires payment for the costs of the examination and
  2  5 treatment, the costs shall be paid by the state.
  2  6 Reimbursement for costs of services described in this
  2  7 subsection is subject to subsection 5."
  2  8    #5.  Page 18, line 13, by inserting after the word
  2  9 "means" the following:  "information compiled during
  2 10 an assessment prepared in accordance with section
  2 11 232.71 and".
  2 12    #6.  Page 22, line 13, by striking the words "child
  2 13 abuse information" and inserting the following:
  2 14 "child abuse information disposition data".
  2 15    #7.  Page 26, line 3, by inserting after the word
  2 16 "Only" the following:  "child abuse".
  2 17    #8.  Page 26, line 6, by striking the words "child
  2 18 abuse information" and inserting the following:
  2 19 "disposition data".
  2 20    #9.  Page 26, line 7, by striking the words
  2 21 "Disposition data" and inserting the following:
  2 22 "Child abuse information".
  2 23    #10.  Page 29, by inserting after line 23 the
  2 24 following:
  2 25    "Sec.    .  Section 235B.16, subsection 5,
  2 26 unnumbered paragraph 4, Code 1995, is amended to read
  2 27 as follows:
  2 28    A person required to complete both harm to a child
  2 29 abuse and dependent adult abuse mandatory reporter
  2 30 training may complete the training through a program
  2 31 which combines harm to a child abuse and dependent
  2 32 adult abuse curricula and thereby meet the training
  2 33 requirements of both this subsection and section
  2 34 232.69 simultaneously.  A person who is a mandatory
  2 35 reporter for both harm to a child abuse and dependent
  2 36 adult abuse may satisfy the combined training
  2 37 requirements of this subsection through completion of
  2 38 a two-hour training program, if the training program
  2 39 curriculum and content are approved by the department
  2 40 of human services.
  2 41    Sec.    .  Section 272.2, subsection 14, Code 1995,
  2 42 is amended to read as follows:
  2 43    14.  Adopt rules which permit the board to deny a
  2 44 license to or revoke a license of a person upon the
  2 45 board's finding by a preponderance of evidence that
  2 46 either the person has been convicted of a crime or
  2 47 that there has been a founded report determination of
  2 48 substantiated child abuse against the person.  Rules
  2 49 adopted shall provide that in determining whether a
  2 50 person should be denied a license or that a
  3  1 practitioner's license should be revoked, the board
  3  2 shall consider the nature and seriousness of the
  3  3 founded substantiated child abuse or crime in relation
  3  4 to the position sought, the time elapsed since the
  3  5 founded substantiated child abuse or crime was
  3  6 committed, the degree of rehabilitation which has
  3  7 taken place since the incidence of founded
  3  8 substantiated child abuse or the commission of the
  3  9 crime, the likelihood that the person will commit the
  3 10 same abuse or crime again, and the number of founded
  3 11 abuses determinations of substantiated child abuse
  3 12 committed or criminal convictions by the person
  3 13 involved."
  3 14    #11.  Page 30, by inserting after line 2 the
  3 15 following:
  3 16    "Sec.    .  Section 331.653, subsection 24, Code
  3 17 Supplement 1995, is amended to read as follows:
  3 18    24.  Carry out duties relating to the investigation
  3 19 of reported assessment of harm to a child abuse cases
  3 20 and the protection of abused children as provided in
  3 21 section 232.71.
  3 22    Sec.    .  Section 600.8, subsection 2, paragraph
  3 23 b, Code 1995, is amended to read as follows:
  3 24    b.  The person making the investigation shall not
  3 25 approve a prospective adoption petitioner pursuant to
  3 26 subsection 1, paragraph "a", subparagraph (3) unless
  3 27 an evaluation has been made which considers the nature
  3 28 and seriousness of the crime or founded substantiated
  3 29 abuse in relation to the adoption, the time elapsed
  3 30 since the commission of the crime or founded
  3 31 substantiated abuse, the circumstances under which the
  3 32 crime or founded substantiated abuse was committed,
  3 33 the degree of rehabilitation, and the number of crimes
  3 34 or founded determinations of substantiated abuse
  3 35 committed by the person involved."
  3 36    #12.  Page 30, by inserting after line 9 the
  3 37 following:
  3 38    "Sec.    .  AMENDMENTS CHANGING TERMINOLOGY.
  3 39    1.  Sections 125.14A, 135H.7, 218.13, 237.8,
  3 40 237A.5, 237A.20, and 600.8, Code 1995, are amended by
  3 41 striking from the sections the words "founded child
  3 42 abuse" and inserting in lieu thereof the words
  3 43 "substantiated child abuse".
  3 44    2.  Sections 125.14A, 135C.33, 135H.7, 237.8, and
  3 45 237A.5, Code 1995, and section 249A.29, Code
  3 46 Supplement 1995, are amended by striking from the
  3 47 sections the words "founded child or dependent adult
  3 48 abuse" and inserting in lieu thereof the words
  3 49 "substantiated child abuse or founded adult abuse".
  3 50    3.  The Code editor is directed to substitute the
  4  1 words "substantiated child abuse" for the words
  4  2 "founded child abuse" in the Code or in the 1996 Iowa
  4  3 Acts when there appears to be no doubt as to the
  4  4 intent to refer to a determination of child abuse by
  4  5 the department of human services in accordance with
  4  6 section 232.71, as enacted by this Act."
  4  7    #13.  By renumbering as necessary.  
  4  8 
  4  9 
  4 10                              
  4 11 ELAINE SZYMONIAK
  4 12 SF 2399.502 76
  4 13 jp/jw
     

Text: S05349                            Text: S05351
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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