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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 3895SS 76
4 3 jp/jw/5
Text: SF02125 Text: SF02127 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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