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Senate File 2257

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 235A.15, subsection 2, paragraph e,
  1  2 Code Supplement 1995, is amended by adding the following new
  1  3 subparagraph:
  1  4    NEW SUBPARAGRAPH.  (15)  To employees of the department of
  1  5 human services as necessary to perform child abuse-child care
  1  6 registry duties under chapter 235D.
  1  7    Sec. 2.  Section 235A.17, Code 1995, is amended by adding
  1  8 the following new subsection:
  1  9    NEW SUBSECTION.  3.  An employee of the department of human
  1 10 services authorized to receive child abuse information for
  1 11 purposes of the child abuse-child care registry pursuant to
  1 12 section 235A.15, subsection 2, paragraph "e", subparagraph
  1 13 (15) may redisseminate the information in accordance with the
  1 14 provisions of chapter 235D.
  1 15    Sec. 3.  NEW SECTION.  235D.1  DEFINITIONS.
  1 16    As used in this chapter, unless the context otherwise
  1 17 requires:
  1 18    1.  "Central child abuse registry" or "central registry"
  1 19 means the central child abuse registry created in chapter
  1 20 235A.
  1 21    2.  "Child abuse-child care registry" means the central
  1 22 child abuse-child care registry created by the department
  1 23 pursuant to section 235D.9.
  1 24    3.  "Child day care" means the same as defined in section
  1 25 237A.1.
  1 26    4.  "Department" means the department of human services.
  1 27    5.  "Founded child abuse report" means a child abuse report
  1 28 determined by the department to be child abuse and placed in
  1 29 the central child abuse registry as founded child abuse.
  1 30    Sec. 4.  NEW SECTION.  235D.2  PERSONS REQUIRED TO
  1 31 REGISTER.
  1 32    1.  A person who provides child day care and who is named
  1 33 as having abused a child in a founded child abuse report,
  1 34 shall register as provided in this chapter for a period of
  1 35 time equivalent to the period of time the report is maintained
  2  1 on the central child abuse registry.
  2  2    2.  The registration requirements of this section do not
  2  3 apply to any of the following:
  2  4    a.  A person for whom the department has performed an
  2  5 evaluation pursuant to section 237A.5, subsection 2, and has
  2  6 permitted the person to be licensed, registered, employed, or
  2  7 to reside in a child day care facility, if the person complies
  2  8 with the department's conditions established in section
  2  9 237A.5, subsection 2, paragraph "c".
  2 10    b.  A person who was named as having abused a child in a
  2 11 founded child abuse report in which the information concerning
  2 12 the person was determined to be unfounded and was corrected or
  2 13 eliminated pursuant to section 235A.19, subsection 5.
  2 14    Sec. 5.  NEW SECTION.  235D.3  REGISTRATION PROCESS.
  2 15    All of the following applies to a person who is required to
  2 16 register with the department, pursuant to section 235D.2:
  2 17    1.  The person shall register at the department office in
  2 18 the county of the person's residence prior to providing child
  2 19 day care.  However, if the person is providing child day care
  2 20 at the time the founded child abuse report is entered in the
  2 21 central registry, the person shall register within ten days of
  2 22 the date the person is notified of the duty to register under
  2 23 section 235D.5.
  2 24    2.  Within ten days of changing residence within a county
  2 25 in this state, notify the department office in the county in
  2 26 which the person is registered of the change of address and
  2 27 any changes in the person's telephone number.  The
  2 28 notification shall be in writing on a form provided by the
  2 29 department.
  2 30    3.  Within ten days of changing residence to a location
  2 31 outside the county in which the person was registered, the
  2 32 person shall register with the department office in the county
  2 33 in which the person's residence has been newly established and
  2 34 notify the department of the county in which the person was
  2 35 previously registered.  The registration shall be in writing
  3  1 on a form provided by the department and shall include the
  3  2 person's change of address and any changes to the person's
  3  3 telephone number.
  3  4    4.  Within ten days of changing residence to a location
  3  5 outside of this state, the person shall notify the department
  3  6 office in the county in which the person is registered of the
  3  7 new residence address, and any changes in telephone number.
  3  8 If the person is required to register under the laws of the
  3  9 other state, the person shall register in the other state.
  3 10    Sec. 6.  NEW SECTION.  235D.4  VERIFICATION OF ADDRESS.
  3 11    The address of a person required to register with the
  3 12 department pursuant to section 235D.2 shall be verified by the
  3 13 department as follows:
  3 14    1.  Annually, during the month in which the person was
  3 15 initially required to register, the department shall mail a
  3 16 verification form to the last reported address of the person.
  3 17 A verification form shall not be forwarded to the person if
  3 18 the person no longer resides at the address, but shall be
  3 19 returned to the department.
  3 20    2.  The person shall complete and mail the verification to
  3 21 the department within ten days of receipt of the form.
  3 22    3.  The verification form shall be signed by the person,
  3 23 and state the address at which the person resides.  If the
  3 24 person is in the process of changing residence, the person
  3 25 shall state that fact as well as the old and new addresses of
  3 26 places of residence.
  3 27    Sec. 7.  NEW SECTION.  235D.5  DUTY TO FACILITATE REGIS-
  3 28 TRATION.
  3 29    1.  If a founded child abuse report is entered in the
  3 30 central registry which would cause a person to be required to
  3 31 register with the department pursuant to section 235D.2, the
  3 32 department shall do the following at the time a founded child
  3 33 abuse report is entered in the central registry:
  3 34    a.  Inform the person of the duty to register.
  3 35    b.  Inform the person that, within ten days of changing
  4  1 residence, registration with the department in the county in
  4  2 which residence is established is required, if the new
  4  3 residence is within the state.
  4  4    c.  Inform the person that if the person changes residence
  4  5 to another state, the person must give the person's new
  4  6 address to the department in the county of the person's old
  4  7 residence within ten days of changing addresses, and that, if
  4  8 the other state has a registration requirement, the person is
  4  9 also required to register in the new state of residence.
  4 10    d.  Require the person to read and sign a form stating that
  4 11 the duty of the person to register under this chapter has been
  4 12 explained.  If the person cannot read, is unable to write, or
  4 13 refuses to cooperate, the duty and the form shall be explained
  4 14 orally and a written record maintained by the person
  4 15 explaining the duty and the form.
  4 16    2.  The child abuse-child care registry shall send the
  4 17 initial registration information to the department office in
  4 18 the county where the person required to register resides
  4 19 within three business days of completing the initial
  4 20 registration.
  4 21    Sec. 8.  NEW SECTION.  235D.6  REGISTRATION FEES FOR
  4 22 OFFENDERS.
  4 23    At the time of filing an initial registration, or a change
  4 24 of registration with the department of the county of
  4 25 residence, a person who is required to register pursuant to
  4 26 section 235D.2 shall pay a fee of one hundred twenty-five
  4 27 dollars to the department.  If, at the time of registration,
  4 28 the person who is required to register is unable to pay the
  4 29 fee, the department may allow the person time to pay the fee,
  4 30 permit the payment of the fee in installments, or waive
  4 31 payment of the fee for good cause.  Fees paid to the
  4 32 department shall be used to defray the costs of duties related
  4 33 to the registration of persons under this chapter.
  4 34    Sec. 9.  NEW SECTION.  235D.7  FAILURE TO COMPLY –
  4 35 PENALTY.
  5  1    A person who willfully fails to register as required under
  5  2 this chapter commits a serious misdemeanor for a first offense
  5  3 and an aggravated misdemeanor for a second or subsequent
  5  4 offense.  However, a person who willfully fails to register as
  5  5 required under this chapter and who, during the period in
  5  6 which the person has willfully failed to register, commits a
  5  7 criminal offense against a child under chapter 709, 709A, 710,
  5  8 725, 726, or 728, commits a class "D" felony.  The court shall
  5  9 not defer judgment or sentence for any violation of the
  5 10 registration requirements of this chapter.
  5 11    Sec. 10.  NEW SECTION.  235D.8  REGISTRATION AND DISCLOSURE
  5 12 PROCESS.
  5 13    1.  The department shall prepare registration forms.  The
  5 14 forms shall include the registrant's name, social security
  5 15 number, current address, and, if applicable, telephone number.
  5 16 In addition, the registration form shall include the names,
  5 17 addresses, and telephone numbers of the children for which the
  5 18 registrant is providing child day care as well as this
  5 19 information for the children's parent, guardian, or custodian.
  5 20 The forms may provide for the reporting of additional relevant
  5 21 information, including but not limited to, residents in the
  5 22 household of the person required to register, but shall not
  5 23 include information identifying the victim of the child abuse
  5 24 which the registrant was found to have committed.  Forms shall
  5 25 be available to any person upon request to the department.
  5 26    2.  a.  The department shall prepare disclosure forms which
  5 27 shall be made available to a registrant.  The disclosure form
  5 28 shall provide for a written acknowledgment by the parent or
  5 29 guardian of each child for which the registrant provides child
  5 30 day care that the registrant is required to register with the
  5 31 child care-child abuse registry by reason of having been named
  5 32 as having abused a child in a founded child abuse report.  The
  5 33 form shall also provide instructions regarding the parent's,
  5 34 guardian's, or custodian's access to information maintained in
  5 35 the child abuse-child care registry.
  6  1    b.  The disclosure form shall be signed by the parent or
  6  2 guardian of each child for which the registrant provides child
  6  3 day care, acknowledging that the parent or guardian has read
  6  4 the form.  A disclosure form shall be filed with the
  6  5 department for each child in the registrant's child day care
  6  6 as part of the registration requirements.
  6  7    Sec. 11.  NEW SECTION.  235D.9  DEPARTMENT DUTIES –
  6  8 REGISTRY.
  6  9    The department shall perform all of the following duties:
  6 10    1.  Develop and disseminate the standard forms for
  6 11 registering and verifying addresses of persons required to
  6 12 register pursuant to section 235D.2, and for understanding of
  6 13 registration requirements by the persons.  The materials used
  6 14 to verify addresses of the persons required to register shall
  6 15 contain a warning against forwarding of the form and of the
  6 16 requirement to return the form if the person to whom the form
  6 17 is directed no longer resides at the address listed on the
  6 18 form or the mailing.
  6 19    2.  Maintain a central registry of information collected
  6 20 from persons required to register under this chapter, which
  6 21 shall be known as the child abuse-child care registry.
  6 22    3.  Adopt rules under chapter 17A as necessary to do all of
  6 23 the following:
  6 24    a.  Ensure compliance with registration and verification
  6 25 requirements of this chapter.
  6 26    b.  Provide guidelines for persons required to assist in
  6 27 obtaining registry information.
  6 28    c.  Provide a procedure for the dissemination of
  6 29 information contained in the child abuse-child care registry.
  6 30 The procedure for the dissemination of information shall
  6 31 include, but is not limited to, practical guidelines for use
  6 32 by agencies in determining when public release of information
  6 33 contained in the registry is appropriate and a requirement
  6 34 that if a member of the general public requests information
  6 35 regarding a specific individual in the manner provided in
  7  1 section 235D.11, the information shall be released.  The
  7  2 department, in developing the procedure, shall consult with
  7  3 associations which represent the interests of law enforcement
  7  4 officers.  Rules adopted shall also include a procedure for
  7  5 removal of information from the registry upon a determination
  7  6 that the information concerning the person in the founded
  7  7 child abuse report which caused the person to register under
  7  8 this chapter was unfounded and was corrected or eliminated
  7  9 pursuant to section 235A.19, subsection 5.
  7 10    Sec. 12.  NEW SECTION.  235D.10  CHILD ABUSE-CHILD CARE
  7 11 REGISTRY FUND.
  7 12    A child abuse-child care registry fund is established as a
  7 13 separate fund within the state treasury under the control of
  7 14 the department.  The fund shall consist of moneys received
  7 15 from fees received under section 235D.6 and other funds allo-
  7 16 cated for purposes of establishing and maintaining the child
  7 17 abuse-child care registry, conducting research and analysis
  7 18 related to child abuse-child care issues, and to perform other
  7 19 duties required under this chapter.  Notwithstanding section
  7 20 8.33, unencumbered or unobligated moneys and any interest
  7 21 remaining in the fund on June 30 of any fiscal year shall not
  7 22 revert to the general fund of the state, but shall remain
  7 23 available for expenditure in subsequent fiscal years.  Moneys
  7 24 in the fund are appropriated to the department to be used only
  7 25 for the purposes delineated in this section and are not
  7 26 subject to transfer pursuant to section 8.39.
  7 27    Sec. 13.  NEW SECTION.  235D.11  AVAILABILITY OF RECORDS.
  7 28    Notwithstanding chapter 22, the confidentiality of
  7 29 information in the child abuse-child care registry shall be
  7 30 maintained except as specifically provided as follows:
  7 31    1.  As authorized in section 235A.15.
  7 32    2.  The department shall release information regarding a
  7 33 specific person who is required to register under this chapter
  7 34 to a member of the general public if the person requesting the
  7 35 information gives the person's name and address in writing,
  8  1 states the person's reason for requesting the information, and
  8  2 provides the department with the name and address of the
  8  3 person about whom the information is sought.  The department
  8  4 shall maintain a record of persons requesting information from
  8  5 the registry.  The confidentiality of the record of a person
  8  6 requesting information from the registry shall be maintained,
  8  7 unless the person requesting the information from the registry
  8  8 requests that the record of the information request be a
  8  9 public record.
  8 10    3.  Information shall not be released which would identify
  8 11 the victim's name or location in the founded child abuse
  8 12 report which is a part of the child abuse-child care registry
  8 13 record.
  8 14    Sec. 14.  NEW SECTION.  235D.12  COOPERATION WITH REGIS-
  8 15 TRATION.
  8 16    Each agency of state and local government which possesses
  8 17 information relevant to requirements that a person register
  8 18 under this chapter shall provide that information to the de-
  8 19 partment upon request.  Any confidential record provided pur-
  8 20 suant to this section shall only be released pursuant to
  8 21 section 235D.11.
  8 22    Sec. 15.  NEW SECTION.  235D.13  IMMUNITY FOR GOOD FAITH
  8 23 CONDUCT.
  8 24    A person is immune from civil or criminal liability for
  8 25 acts or omissions arising from a good faith effort to comply
  8 26 with this chapter.  
  8 27                           EXPLANATION
  8 28    This bill requires a child day care provider who has been
  8 29 found to have committed child abuse to register with the
  8 30 department of human services and provides penalties.
  8 31    Sections 235A.15 and 235A.17 are amended to authorize
  8 32 department of human services employees access to the central
  8 33 child abuse registry information and to permit redissemination
  8 34 of the information for purposes of the child abuse-child care
  8 35 registry requirements established in the bill.
  9  1    The remainder of the bill establishes a new chapter
  9  2 tentatively numbered 235D creating child abuse-child care
  9  3 registry requirements.
  9  4    New section 235D.1 provides definitions based upon the
  9  5 definitions in chapter 235A, relating to child abuse
  9  6 information and 237A, relating to child day care regulation.
  9  7    New section 235D.2 establishes a registration requirement
  9  8 for a person who provides child day care and who has been
  9  9 named as having abused a child in a founded child abuse
  9 10 report.  Exceptions are provided for persons who have been
  9 11 evaluated by the department of human services and permitted to
  9 12 provide care, and for persons for which the child abuse
  9 13 information was later corrected or expunged.
  9 14    New section 235D.3 establishes a registration process and
  9 15 time frames for the process.
  9 16    New section 235D.4 requires annual address verification of
  9 17 those required to be registered.
  9 18    New section 235D.5 requires the department of human
  9 19 services to notify a person who is subject to registration of
  9 20 the registration requirements.  The notification requirements
  9 21 are triggered at the time the department of human services
  9 22 notifies the person of the registration requirement following
  9 23 entry of a founded child abuse report which would cause the
  9 24 person to be required to register.
  9 25    New section 235D.6 establishes a fee of $125 for initial
  9 26 registration or for change of registration.  The department is
  9 27 permitted to waive the fee or allow the fee to be paid in
  9 28 installments under certain circumstances.
  9 29    New section 235D.7 establishes criminal penalties for
  9 30 persons who willfully fail to register as required and
  9 31 increases penalties for a person who willfully fails to
  9 32 register and commits any of the following criminal offenses
  9 33 against a child:  sexual abuse, contributing to juvenile
  9 34 delinquency, kidnapping, vice, abandonment, neglect, child
  9 35 endangerment, and obscenity.
 10  1    New section 235D.8 delineates requirements for the forms to
 10  2 be developed by the department.  The forms include a
 10  3 registration form for registrants and a disclosure form for
 10  4 the signature of the parent, guardian, or custodian of a child
 10  5 receiving child day care from a required registrant.  The
 10  6 disclosure form is a written acknowledgment by the parent,
 10  7 guardian, or custodian that the registrant is required to
 10  8 register for having been named as a perpetrator in a founded
 10  9 child abuse report.
 10 10    New section 235D.9 requires the department to develop and
 10 11 disseminate forms, establish and maintain a central child
 10 12 abuse-child care registry, and adopt administrative rules
 10 13 providing for the maintenance and release of information in
 10 14 the registry.
 10 15    New section 235D.10 creates the child abuse-child care fund
 10 16 under the control of the department.  Fees and other moneys
 10 17 associated with the registry program are to be deposited to
 10 18 the fund, and a standing appropriation of the moneys in the
 10 19 fund is made to the department.
 10 20    New section 235D.11 establishes confidentiality
 10 21 requirements for information contained in the child abuse-
 10 22 child care registry.
 10 23    New section 235D.12 requires state and local governments to
 10 24 provide information relevant to the registration requirements.
 10 25    New section 235D.13 provides liability immunity for persons
 10 26 acting in good faith to comply with the chapter.  
 10 27 LSB 3403SS 76
 10 28 jp/jw/5.1
     

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