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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 which is placed in the central registry on or after July 1,
1 35 1996, shall register as provided in this chapter for a period
2 1 of time equivalent to the period of time the report is
2 2 maintained on the central child abuse registry.
2 3 2. The registration requirements of this section do not
2 4 apply to any of the following:
2 5 a. A person for whom the department has performed an
2 6 evaluation pursuant to section 237A.5, subsection 2, and has
2 7 permitted the person to be licensed, registered, employed, or
2 8 to reside in a child day care facility, if the person complies
2 9 with the department's conditions established in section
2 10 237A.5, subsection 2, paragraph "c".
2 11 b. A person who was named as having abused a child in a
2 12 founded child abuse report in which the information concerning
2 13 the person was determined to be unfounded and was corrected or
2 14 eliminated pursuant to section 235A.19, subsection 5.
2 15 Sec. 5. NEW SECTION. 235D.3 REGISTRATION PROCESS.
2 16 All of the following applies to a person who is required to
2 17 register with the department, pursuant to section 235D.2:
2 18 1. The person shall register with the child abuse-child
2 19 care registry prior to providing child day care. However, if
2 20 the person is providing child day care at the time the founded
2 21 child abuse report is entered in the central registry, the
2 22 person shall register within ten days of the date the person
2 23 is notified of the duty to register under section 235D.5.
2 24 2. Within ten days of changing residence within this
2 25 state, notify the child abuse-child care registry of the
2 26 change of address and any changes in the person's telephone
2 27 number. The notification shall be in writing on a form
2 28 provided by the department.
2 29 3. Within ten days of changing residence to a location
2 30 outside of this state, the person shall notify the child
2 31 abuse-child care registry of the new residence address, and
2 32 any changes in telephone number. If the person is required to
2 33 register under the laws of the other state, the person shall
2 34 register in the other state.
2 35 Sec. 6. NEW SECTION. 235D.4 REGISTRATION RENEWAL.
3 1 A person required to register with the department pursuant
3 2 to section 235D.2 shall annually renew the person's
3 3 registration and verify the person's address using a renewal
3 4 form developed by the department. The person shall renew the
3 5 registration in the month in which the person was initially
3 6 required to register. The renewal form shall be signed by the
3 7 person.
3 8 Sec. 7. NEW SECTION. 235D.5 DUTY TO FACILITATE REGIS-
3 9 TRATION.
3 10 If a founded child abuse report is entered in the central
3 11 registry on or after July 1, 1996, which would cause a person
3 12 to be required to register with the department pursuant to
3 13 section 235D.2, the department shall do the following at the
3 14 time a founded child abuse report is entered in the central
3 15 registry:
3 16 1. Inform the person of the duty to register.
3 17 2. Inform the person of the person's duty to notify the
3 18 child abuse-child care registry within ten days of changing
3 19 residence within this state.
3 20 3. Inform the person of the person's duty to notify the
3 21 child abuse-child care registry within ten days of changing
3 22 residence to a location outside this state, and inform the
3 23 person that, if the other state has a registration
3 24 requirement, the person is also required to register in the
3 25 new state of residence.
3 26 4. Require the person to read and sign a form stating that
3 27 the duty of the person to register under this chapter has been
3 28 explained. If the person cannot read, is unable to write, or
3 29 refuses to cooperate, the duty and the form shall be explained
3 30 orally and a written record maintained by the person
3 31 explaining the duty and the form.
3 32 Sec. 8. NEW SECTION. 235D.6 REGISTRATION FEES FOR
3 33 OFFENDERS.
3 34 At the time of filing an initial registration, or a renewal
3 35 of registration with the department, a person who is required
4 1 to register pursuant to section 235D.2 shall pay an annual fee
4 2 of one hundred twenty-five dollars to the department. If, at
4 3 the time of registration, the person who is required to
4 4 register is unable to pay the fee, the department may allow
4 5 the person time to pay the fee, permit the payment of the fee
4 6 in installments, or waive payment of the fee for good cause.
4 7 Fees paid to the department shall be used to defray the costs
4 8 of duties related to the registration of persons under this
4 9 chapter.
4 10 Sec. 9. NEW SECTION. 235D.7 FAILURE TO COMPLY –
4 11 PENALTY.
4 12 A person who willfully fails to register as required under
4 13 this chapter commits a serious misdemeanor for a first offense
4 14 and an aggravated misdemeanor for a second or subsequent
4 15 offense. However, a person who willfully fails to register as
4 16 required under this chapter and who, during the period in
4 17 which the person has willfully failed to register, commits a
4 18 criminal offense against a child under chapter 709, 709A, 710,
4 19 725, 726, or 728, commits a class "D" felony. The court shall
4 20 not defer judgment or sentence for any violation of the
4 21 registration requirements of this chapter.
4 22 Sec. 10. NEW SECTION. 235D.8 REGISTRATION AND DISCLOSURE
4 23 PROCESS.
4 24 1. The department shall prepare registration forms. The
4 25 forms shall include the registrant's name, social security
4 26 number, current address, and, if applicable, telephone number.
4 27 In addition, the registration form shall include the names,
4 28 addresses, and telephone numbers of the children for which the
4 29 registrant is providing child day care as well as this
4 30 information for the children's parent, guardian, or custodian.
4 31 The forms may provide for the reporting of additional relevant
4 32 information, including but not limited to, residents in the
4 33 household of the person required to register, but shall not
4 34 include information identifying the victim of the child abuse
4 35 which the registrant was found to have committed. Forms shall
5 1 be available to any person upon request to the department.
5 2 2. a. The department shall prepare disclosure forms which
5 3 shall be made available to a registrant. The disclosure form
5 4 shall provide for a written acknowledgment by the parent or
5 5 guardian of each child for which the registrant provides child
5 6 day care that the registrant is required to register with the
5 7 child care-child abuse registry by reason of having been named
5 8 as having abused a child in a founded child abuse report. The
5 9 form shall also provide instructions regarding the parent's,
5 10 guardian's, or custodian's access to information maintained in
5 11 the child abuse-child care registry.
5 12 b. The disclosure form shall be signed by the parent or
5 13 guardian of each child for which the registrant provides child
5 14 day care, acknowledging that the parent or guardian has read
5 15 the form. A disclosure form shall be filed with the
5 16 department for each child in the registrant's child day care
5 17 as part of the registration requirements. The department
5 18 shall retain a disclosure form filed in accordance with this
5 19 paragraph for a period of three years.
5 20 Sec. 11. NEW SECTION. 235D.9 DEPARTMENT DUTIES –
5 21 REGISTRY.
5 22 The department shall perform all of the following duties:
5 23 1. Develop and disseminate the standard forms for
5 24 registering persons required to register pursuant to section
5 25 235D.2, and for understanding of registration requirements by
5 26 the persons.
5 27 2. Maintain a central registry of information collected
5 28 from persons required to register under this chapter, which
5 29 shall be known as the child abuse-child care registry.
5 30 3. Adopt rules under chapter 17A as necessary to do all of
5 31 the following:
5 32 a. Ensure compliance with registration requirements of
5 33 this chapter.
5 34 b. Provide guidelines for persons required to assist in
5 35 obtaining registry information.
6 1 c. Provide a procedure for the dissemination of
6 2 information contained in the child abuse-child care registry.
6 3 The procedure for the dissemination of information shall
6 4 include, but is not limited to, practical guidelines for use
6 5 by agencies in determining when public release of information
6 6 contained in the registry is appropriate and a requirement
6 7 that if a member of the general public requests information
6 8 regarding a specific individual in the manner provided in
6 9 section 235D.11, the information shall be released. The
6 10 department, in developing the procedure, shall consult with
6 11 associations which represent the interests of law enforcement
6 12 officers. Rules adopted shall also include a procedure for
6 13 removal of information from the registry upon a determination
6 14 that the information concerning the person in the founded
6 15 child abuse report which caused the person to register under
6 16 this chapter was unfounded and was corrected or eliminated
6 17 pursuant to section 235A.19, subsection 5.
6 18 Sec. 12. NEW SECTION. 235D.10 CHILD ABUSE-CHILD CARE
6 19 REGISTRY FUND.
6 20 A child abuse-child care registry fund is established as a
6 21 separate fund within the state treasury under the control of
6 22 the department. The fund shall consist of moneys received
6 23 from fees received under section 235D.6 and other funds allo-
6 24 cated for purposes of establishing and maintaining the child
6 25 abuse-child care registry, conducting research and analysis
6 26 related to child abuse-child care issues, and to perform other
6 27 duties required under this chapter. Notwithstanding section
6 28 8.33, unencumbered or unobligated moneys and any interest
6 29 remaining in the fund on June 30 of any fiscal year shall not
6 30 revert to the general fund of the state, but shall remain
6 31 available for expenditure in subsequent fiscal years. Moneys
6 32 in the fund are appropriated to the department to be used only
6 33 for the purposes delineated in this section and are not
6 34 subject to transfer pursuant to section 8.39.
6 35 Sec. 13. NEW SECTION. 235D.11 AVAILABILITY OF RECORDS.
7 1 Notwithstanding chapter 22, the confidentiality of
7 2 information in the child abuse-child care registry shall be
7 3 maintained except as specifically provided as follows:
7 4 1. As authorized in section 235A.15.
7 5 2. The department shall release information regarding a
7 6 specific person who is required to register under this chapter
7 7 to a member of the general public if the person requesting the
7 8 information gives the person's name and address in writing,
7 9 states the person's reason for requesting the information, and
7 10 provides the department with the name and address of the
7 11 person about whom the information is sought. The department
7 12 shall maintain a record of persons requesting information from
7 13 the registry. The confidentiality of the record of a person
7 14 requesting information from the registry shall be maintained,
7 15 unless the person requesting the information from the registry
7 16 requests that the record of the information request be a
7 17 public record.
7 18 3. Information shall not be released which would identify
7 19 the victim's name or location in the founded child abuse
7 20 report which is a part of the child abuse-child care registry
7 21 record.
7 22 Sec. 14. NEW SECTION. 235D.12 COOPERATION WITH REGIS-
7 23 TRATION.
7 24 Each agency of state and local government which possesses
7 25 information relevant to requirements that a person register
7 26 under this chapter shall provide that information to the de-
7 27 partment upon request. Any confidential record provided pur-
7 28 suant to this section shall only be released pursuant to
7 29 section 235D.11.
7 30 Sec. 15. NEW SECTION. 235D.13 IMMUNITY FOR GOOD FAITH
7 31 CONDUCT.
7 32 A person is immune from civil or criminal liability for
7 33 acts or omissions arising from a good faith effort to comply
7 34 with this chapter.
7 35 SF 2364
8 1 jp/cc/26
Text: SF02363 Text: SF02365 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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