Text: SF00435 Text: SF00437 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 235A.15, subsection 2, paragraph e, 1 2 Code 1995, is amended by adding the following new 1 3 subparagraph: 1 4 NEW SUBPARAGRAPH. (13) To the Iowa board for the 1 5 treatment of sexual abusers for purposes of certifying sex 1 6 offender treatment providers. 1 7 Sec. 2. Section 235A.15, subsection 2, paragraph c, Code 1 8 1995, is amended by adding the following new subparagraphs: 1 9 NEW SUBPARAGRAPH. (11) To an administrator of a facility 1 10 or program operated by the state, a city, or a county which 1 11 provides services or care directly to children, if the 1 12 information concerns a person employed by or being considered 1 13 for employment by the facility or program. 1 14 NEW SUBPARAGRAPH. (12) To an administrator of an agency 1 15 certified by the department of human services to provide 1 16 services under a medical assistance home and community-based 1 17 services waiver, if the information concerns a person employed 1 18 by or being considered by the agency for employment. 1 19 Sec. 3. Section 235A.15, subsection 4, unnumbered 1 20 paragraph 1, Code 1995, is amended to read as follows: 1 21 Access to founded child abuse informationonlyis 1 22 authorized to the department of personnel or to the personnel 1 23 office of a public employer, as defined in section 20.3, as 1 24 necessary for presentation in grievance or arbitration 1 25 procedures provided for in sections 19A.14 and 20.18. Child 1 26 abuse information introduced into a grievance or arbitration 1 27 proceeding shall not be considered a part of the public record 1 28 of a case. 1 29 Sec. 4. Section 235B.6, subsection 2, paragraph c, Code 1 30 1995, is amended by adding the following new subparagraph: 1 31 NEW SUBPARAGRAPH. (5) To an administrator of an agency 1 32 certified by the department of human services to provide 1 33 services under a medical assistance home and community-based 1 34 services waiver, if the information concerns a person employed 1 35 by or being considered by the agency for employment. 2 1 Sec. 5. NEW SECTION. 249A.29 HOME AND COMMUNITY-BASED 2 2 SERVICES WAIVER PROVIDERS &endash; RECORDS CHECKS. 2 3 1. For purposes of this section unless the context 2 4 otherwise requires: 2 5 a. "Consumer" means an individual approved by the 2 6 department to receive services under a waiver. 2 7 b. "Provider" means an agency certified by the department 2 8 to provide services under a waiver. 2 9 c. "Waiver" means a home and community-based services 2 10 waiver approved by the federal government and implemented 2 11 under the medical assistance program. 2 12 2. If a person is being considered by a provider for 2 13 employment involving direct responsibility for a consumer or 2 14 with access to a consumer when the consumer is alone, and if 2 15 the person has been convicted of a crime or has a record of 2 16 founded child or dependent adult abuse, the department shall 2 17 perform an evaluation to determine whether the crime or 2 18 founded abuse warrants prohibition of employment by the 2 19 provider. The department shall conduct criminal and child and 2 20 dependent adult abuse record checks of the person in this 2 21 state and may conduct these checks in other states. The 2 22 record checks and evaluations required by this section shall 2 23 be performed in accordance with procedures adopted for this 2 24 purpose by the department. 2 25 3. If the department determines that a person employed by 2 26 a provider has committed a crime or has a record of founded 2 27 abuse, the department shall perform an evaluation to determine 2 28 whether prohibition of the person's employment is warranted. 2 29 4. In an evaluation, the department shall consider the 2 30 nature and seriousness of the crime or founded abuse in 2 31 relation to the position sought or held, the time elapsed 2 32 since the commission of the crime or founded abuse, the 2 33 circumstances under which the crime or founded abuse was 2 34 committed, the degree of rehabilitation, the likelihood that 2 35 the person will commit the crime or founded abuse again, and 3 1 the number of crimes or founded abuses committed by the person 3 2 involved. The department may permit a person who is evaluated 3 3 to be employed or to continue to be employed by the provider 3 4 if the person complies with the department's conditions 3 5 relating to the employment, which may include completion of 3 6 additional training. 3 7 5. If the department determines that the person has 3 8 committed a crime or has a record of founded abuse which 3 9 warrants prohibition of employment, the person shall not be 3 10 employed by a provider. 3 11 SF 436 3 12 jp/cc/26
Text: SF00435 Text: SF00437 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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