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PAG LIN 1 1 Amend Senate File 2399, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 1, line 7, by striking the words 1 4 "seventy-two" and inserting the following: "seventy-1 5twotwenty-four". 1 6 #2. Page 2, line 20, by striking the words "with 1 7 the fiscal year beginning" and inserting the 1 8 following: "with the fiscal year beginning". 1 9 #3. Page 2, by inserting after line 26 the 1 10 following: 1 11 "Sec. . Section 232.71A, subsection 7, 1 12 paragraph a, Code Supplement 1995, is amended by 1 13 adding the following new subparagraphs: 1 14 NEW SUBPARAGRAPH. (4) The department determines 1 15 the abuse meets the definition of child abuse under 1 16 section 232.68, subsection 2, paragraph "e", and the 1 17 alleged perpetrator of the abuse is age fourteen or 1 18 older. However, the juvenile court may order the 1 19 removal from the central registry of the name of a 1 20 perpetrator of abuse placed in the registry pursuant 1 21 to this subparagraph who is age fourteen through 1 22 seventeen upon a finding of good cause. The name of a 1 23 perpetrator who is less than age fourteen shall not be 1 24 placed in the central registry pursuant to this 1 25 subparagraph. 1 26 NEW SUBPARAGRAPH. (5) The department determines 1 27 the alleged perpetrator of the abuse will continue to 1 28 pose a danger to the child who is the subject of the 1 29 report of abuse or to another child with whom the 1 30 alleged perpetrator may come into contact." 1 31 #4. Page 2, by inserting after line 26 the 1 32 following: 1 33 "Sec. . Section 232.71A, subsection 7, Code 1 34 Supplement 1995, is amended by adding the following 1 35 new paragraph: 1 36 NEW PARAGRAPH. d. All information contained in an 1 37 assessment completed in accordance with this section 1 38 shall be provided to the custodial and noncustodial 1 39 parents of a child who are known to the department." 1 40 #5. Page 2, by inserting after line 26 the 1 41 following: 1 42 "Sec. . Section 235A.15, subsection 2, 1 43 paragraph e, Code Supplement 1995, is amended by 1 44 adding the following new subparagraphs: 1 45 NEW SUBPARAGRAPH. (15) To employees of the 1 46 department of human services as necessary to perform 1 47 child abuse-child care registry duties under chapter 1 48 235D. 1 49 NEW SUBPARAGRAPH. (16) To a person who submits 1 50 written authorization from an individual allowing the 2 1 person access to information pursuant to this 2 2 subsection on behalf of the individual in order to 2 3 verify whether the individual is named in a founded 2 4 child abuse report as having abused a child. 2 5 Sec. . Section 235A.17, Code 1995, is amended 2 6 by adding the following new subsection: 2 7 NEW SUBSECTION. 3. An employee of the department 2 8 of human services authorized to receive child abuse 2 9 information for purposes of the child abuse-child care 2 10 registry pursuant to section 235A.15, subsection 2, 2 11 paragraph "e", subparagraph (15) may redisseminate the 2 12 information in accordance with the provisions of 2 13 chapter 235D. 2 14 Sec. . NEW SECTION. 235D.1 DEFINITIONS. 2 15 As used in this chapter, unless the context 2 16 otherwise requires: 2 17 1. "Central child abuse registry" or "central 2 18 registry" means the central child abuse registry 2 19 created in chapter 235A. 2 20 2. "Child abuse-child care registry" means the 2 21 central child abuse-child care registry created by the 2 22 department pursuant to section 235D.9. 2 23 3. "Child day care" means the same as defined in 2 24 section 237A.1. 2 25 4. "Department" means the department of human 2 26 services. 2 27 5. "Founded child abuse report" means a child 2 28 abuse report determined by the department to be child 2 29 abuse and placed in the central child abuse registry 2 30 as founded child abuse. 2 31 Sec. . NEW SECTION. 235D.2 PERSONS REQUIRED 2 32 TO REGISTER. 2 33 1. A person who provides child day care and who is 2 34 named as having abused a child in a founded child 2 35 abuse report, which is placed in the central registry 2 36 on or after July 1, 1996, shall register as provided 2 37 in this chapter for a period of time equivalent to the 2 38 period of time the report is maintained on the central 2 39 child abuse registry. 2 40 2. The registration requirements of this section 2 41 do not apply to any of the following: 2 42 a. A person for whom the department has performed 2 43 an evaluation pursuant to section 237A.5, subsection 2 44 2, and has permitted the person to be licensed, 2 45 registered, employed, or to reside in a child day care 2 46 facility, if the person complies with the department's 2 47 conditions established in section 237A.5, subsection 2 48 2, paragraph "c". 2 49 b. A person who was named as having abused a child 2 50 in a founded child abuse report in which the 3 1 information concerning the person was determined to be 3 2 unfounded and was corrected or eliminated pursuant to 3 3 section 235A.19, subsection 5. 3 4 Sec. . NEW SECTION. 235D.3 REGISTRATION 3 5 PROCESS. 3 6 All of the following applies to a person who is 3 7 required to register with the department, pursuant to 3 8 section 235D.2: 3 9 1. The person shall register with the child abuse- 3 10 child care registry prior to providing child day care. 3 11 However, if the person is providing child day care at 3 12 the time the founded child abuse report is entered in 3 13 the central registry, the person shall register within 3 14 ten days of the date the person is notified of the 3 15 duty to register under section 235D.5. 3 16 2. Within ten days of changing residence within 3 17 this state, notify the child abuse-child care registry 3 18 of the change of address and any changes in the 3 19 person's telephone number. The notification shall be 3 20 in writing on a form provided by the department. 3 21 3. Within ten days of changing residence to a 3 22 location outside of this state, the person shall 3 23 notify the child abuse-child care registry of the new 3 24 residence address, and any changes in telephone 3 25 number. If the person is required to register under 3 26 the laws of the other state, the person shall register 3 27 in the other state. 3 28 Sec. . NEW SECTION. 235D.4 REGISTRATION 3 29 RENEWAL. 3 30 A person required to register with the department 3 31 pursuant to section 235D.2 shall annually renew the 3 32 person's registration and verify the person's address 3 33 using a renewal form developed by the department. The 3 34 person shall renew the registration in the month in 3 35 which the person was initially required to register. 3 36 The renewal form shall be signed by the person and 3 37 state the address at which the person resides. If the 3 38 person is in the process of changing residence, the 3 39 person shall state that fact as well as the old and 3 40 new addresses of places of residence. 3 41 Sec. . NEW SECTION. 235D.5 DUTY TO FACILITATE 3 42 REGISTRATION. 3 43 If a founded child abuse report is entered in the 3 44 central registry on or after July 1, 1996, which would 3 45 cause a person to be required to register with the 3 46 department pursuant to section 235D.2, the department 3 47 shall do the following at the time a founded child 3 48 abuse report is entered in the central registry: 3 49 1. Inform the person of the duty to register. 3 50 2. Inform the person of the person's duty to 4 1 notify the child abuse-child care registry within ten 4 2 days of changing residence within this state. 4 3 3. Inform the person of the person's duty to 4 4 notify the child abuse-child care registry within ten 4 5 days of changing residence to a location outside this 4 6 state, and inform the person that, if the other state 4 7 has a registration requirement, the person is also 4 8 required to register in the new state of residence. 4 9 4. Require the person to read and sign a form 4 10 stating that the duty of the person to register under 4 11 this chapter has been explained. If the person cannot 4 12 read, is unable to write, or refuses to cooperate, the 4 13 duty and the form shall be explained orally and a 4 14 written record maintained by the person explaining the 4 15 duty and the form. 4 16 Sec. . NEW SECTION. 235D.6 REGISTRATION FEES 4 17 FOR OFFENDERS. 4 18 At the time of filing an initial registration, or a 4 19 renewal of registration with the department, a person 4 20 who is required to register pursuant to section 235D.2 4 21 shall pay an annual fee of one hundred twenty-five 4 22 dollars to the department. If, at the time of 4 23 registration, the person who is required to register 4 24 is unable to pay the fee, the department may allow the 4 25 person time to pay the fee, permit the payment of the 4 26 fee in installments, or waive payment of the fee for 4 27 good cause. Fees paid to the department shall be used 4 28 to defray the costs of duties related to the 4 29 registration of persons under this chapter. 4 30 Sec. . NEW SECTION. 235D.7 FAILURE TO COMPLY 4 31 – PENALTY. 4 32 A person who willfully fails to register as 4 33 required under this chapter commits a serious 4 34 misdemeanor for a first offense and an aggravated 4 35 misdemeanor for a second or subsequent offense. 4 36 However, a person who willfully fails to register as 4 37 required under this chapter and who, during the period 4 38 in which the person has willfully failed to register, 4 39 commits a criminal offense against a child under 4 40 chapter 709, 709A, 710, 725, 726, or 728, commits a 4 41 class "D" felony. The court shall not defer judgment 4 42 or sentence for any violation of the registration 4 43 requirements of this chapter. 4 44 Sec. . NEW SECTION. 235D.8 REGISTRATION AND 4 45 DISCLOSURE PROCESS. 4 46 1. The department shall prepare registration 4 47 forms. The forms shall include the registrant's name, 4 48 social security number, current address, and, if 4 49 applicable, telephone number. In addition, the 4 50 registration form shall include the names, addresses, 5 1 and telephone numbers of the children for which the 5 2 registrant is providing child day care as well as this 5 3 information for the children's parent, guardian, or 5 4 custodian. The forms may provide for the reporting of 5 5 additional relevant information, including but not 5 6 limited to, residents in the household of the person 5 7 required to register, but shall not include 5 8 information identifying the victim of the child abuse 5 9 which the registrant was found to have committed. 5 10 Forms shall be available to any person upon request to 5 11 the department. 5 12 2. a. The department shall prepare disclosure 5 13 forms which shall be made available to a registrant. 5 14 The disclosure form shall provide for a written 5 15 acknowledgment by the parent or guardian of each child 5 16 for which the registrant provides child day care that 5 17 the registrant is required to register with the child 5 18 care-child abuse registry by reason of having been 5 19 named as having abused a child in a founded child 5 20 abuse report. The form shall also provide 5 21 instructions regarding the parent's, guardian's, or 5 22 custodian's access to information maintained in the 5 23 child abuse-child care registry. 5 24 b. The disclosure form shall be signed by the 5 25 parent or guardian of each child for which the 5 26 registrant provides child day care, acknowledging that 5 27 the parent or guardian has read the form. A 5 28 disclosure form shall be filed with the department for 5 29 each child in the registrant's child day care as part 5 30 of the registration requirements. The department 5 31 shall retain a disclosure form filed in accordance 5 32 with this paragraph for a period of three years. 5 33 Sec. . NEW SECTION. 235D.9 DEPARTMENT DUTIES 5 34 – REGISTRY. 5 35 The department shall perform all of the following 5 36 duties: 5 37 1. Develop and disseminate the standard forms for 5 38 registering persons required to register pursuant to 5 39 section 235D.2, and for understanding of registration 5 40 requirements by the persons. 5 41 2. Maintain a central registry of information 5 42 collected from persons required to register under this 5 43 chapter, which shall be known as the child abuse-child 5 44 care registry. 5 45 3. Adopt rules under chapter 17A as necessary to 5 46 do all of the following: 5 47 a. Ensure compliance with registration 5 48 requirements of this chapter. 5 49 b. Provide guidelines for persons required to 5 50 assist in obtaining registry information. 6 1 c. Provide a procedure for the dissemination of 6 2 information contained in the child abuse-child care 6 3 registry. The procedure for the dissemination of 6 4 information shall include, but is not limited to, 6 5 practical guidelines for use by agencies in 6 6 determining when public release of information 6 7 contained in the registry is appropriate and a 6 8 requirement that if a member of the general public 6 9 requests information regarding a specific individual 6 10 in the manner provided in section 235D.11, the 6 11 information shall be released. The department, in 6 12 developing the procedure, shall consult with 6 13 associations which represent the interests of law 6 14 enforcement officers. Rules adopted shall also 6 15 include a procedure for removal of information from 6 16 the registry upon a determination that the information 6 17 concerning the person in the founded child abuse 6 18 report which caused the person to register under this 6 19 chapter was unfounded and was corrected or eliminated 6 20 pursuant to section 235A.19, subsection 5. 6 21 Sec. . NEW SECTION. 235D.10 CHILD ABUSE-CHILD 6 22 CARE REGISTRY FUND. 6 23 A child abuse-child care registry fund is 6 24 established as a separate fund within the state 6 25 treasury under the control of the department. The 6 26 fund shall consist of moneys received from fees 6 27 received under section 235D.6 and other funds allo- 6 28 cated for purposes of establishing and maintaining the 6 29 child abuse-child care registry, conducting research 6 30 and analysis related to child abuse-child care issues, 6 31 and to perform other duties required under this 6 32 chapter. Notwithstanding section 8.33, unencumbered 6 33 or unobligated moneys and any interest remaining in 6 34 the fund on June 30 of any fiscal year shall not 6 35 revert to the general fund of the state, but shall 6 36 remain available for expenditure in subsequent fiscal 6 37 years. Moneys in the fund are appropriated to the 6 38 department to be used only for the purposes delineated 6 39 in this section and are not subject to transfer 6 40 pursuant to section 8.39. 6 41 Sec. . NEW SECTION. 235D.11 AVAILABILITY OF 6 42 RECORDS. 6 43 Notwithstanding chapter 22, the confidentiality of 6 44 information in the child abuse-child care registry 6 45 shall be maintained except as specifically provided as 6 46 follows: 6 47 1. As authorized in section 235A.15. 6 48 2. The department shall release information 6 49 regarding a specific person who is required to 6 50 register under this chapter to a member of the general 7 1 public if the person requesting the information gives 7 2 the person's name and address in writing, states the 7 3 person's reason for requesting the information, and 7 4 provides the department with the name and address of 7 5 the person about whom the information is sought. The 7 6 department shall maintain a record of persons 7 7 requesting information from the registry. The 7 8 confidentiality of the record of a person requesting 7 9 information from the registry shall be maintained, 7 10 unless the person requesting the information from the 7 11 registry requests that the record of the information 7 12 request be a public record. 7 13 3. Information shall not be released which would 7 14 identify the victim's name or location in the founded 7 15 child abuse report which is a part of the child abuse- 7 16 child care registry record. 7 17 Sec. . NEW SECTION. 235D.12 COOPERATION WITH 7 18 REGISTRATION. 7 19 Each agency of state and local government which 7 20 possesses information relevant to requirements that a 7 21 person register under this chapter shall provide that 7 22 information to the department upon request. Any 7 23 confidential record provided pursuant to this section 7 24 shall only be released pursuant to section 235D.11. 7 25 Sec. . NEW SECTION. 235D.13 IMMUNITY FOR GOOD 7 26 FAITH CONDUCT. 7 27 A person is immune from civil or criminal liability 7 28 for acts or omissions arising from a good faith effort 7 29 to comply with this chapter." 7 30 #6. Title page, line 3, by inserting after the 7 31 word "services" the following: ", a child abuse-child 7 32 care registry,". 7 33 #7. By renumbering, relettering, or redesignating 7 34 and correcting internal references as necessary. 7 35 SF 2399H 7 36 jp/pk/25
Text: S05701 Text: S05703 Text: S05700 - S05799 Text: S Index Bills and Amendments: General Index Bill History: General Index
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