Text: HF00385 Text: HF00387 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.69, Code 1997, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 4. A person required to make a report 1 4 under subsection 1, paragraph "b", subparagraph (6), shall 1 5 also make a report of abuse of a child which would be defined 1 6 as child abuse under section 232.68, subsection 2, paragraph 1 7 "c" or "e", except that the abuse resulted from the acts or 1 8 omissions of an adult other than a person responsible for the 1 9 care of the child. 1 10 Sec. 2. Section 232.71, Code 1997, is amended by adding 1 11 the following new subsection: 1 12 NEW SUBSECTION. 1A. If a report would be determined to 1 13 constitute an allegation of child abuse as defined under 1 14 section 232.68, subsection 2, paragraph "c" or "e", except 1 15 that the suspected abuse resulted from the acts or omissions 1 16 of a person other than a person responsible for the care of 1 17 the child, the department shall refer the report to the 1 18 appropriate law enforcement agency having jurisdiction to 1 19 investigate the allegation. The department shall refer the 1 20 report orally as soon as practicable and in writing within 1 21 seventy-two hours of receiving the report. 1 22 Sec. 3. Section 256.9, Code 1997, is amended by adding the 1 23 following new subsection: 1 24 NEW SUBSECTION. 49. Develop and adopt a model policy in 1 25 cooperation with the department of human services and the 1 26 attorney general's office, for the handling of reports of 1 27 child abuse, as defined in section 232.68 and mandated under 1 28 section 232.69. 1 29 Sec. 4. Section 280.17, Code 1997, is amended to read as 1 30 follows: 1 31 280.17 PROCEDURES FOR HANDLING CHILD ABUSE REPORTS. 1 32 The board of directors of a public school and the 1 33 authorities in control of a nonpublic school shall prescribe 1 34 procedures, in accordance with the guidelines contained in the 1 35 model policy developed by the department of education in 2 1 consultation with the department of human services, and 2 2 adopted by the department of education pursuant to chapter 2 3 17A, for the handling of reports of child abuse, as defined in 2 4 section 232.68, subsection 2,paragraphparagraphs "a", "b",2 5or "d"through "e", alleged to have been committed by an 2 6 employee or agent of the public or nonpublic school. 2 7 EXPLANATION 2 8 This bill relates to reporting of child sexual abuse by a 2 9 licensed school employee. 2 10 Code section 232.69 is amended to require licensed school 2 11 employees, who are already listed as mandatory reporters of 2 12 child abuse, to also report sexual abuse of a child which 2 13 would be defined as child abuse except that the abuse resulted 2 14 from acts or omissions of a person other than a person 2 15 responsible for the care of the child. Under current law, a 2 16 finding of child abuse requires that the abuse results from 2 17 the acts or omissions of a "person responsible for the care of 2 18 a child", a term defined to include a parent, guardian, foster 2 19 parent, child care provider, or other person who assumes care 2 20 or supervision of a child. The sexual abuse required to be 2 21 reported under the bill includes sexual abuse under chapter 2 22 709, incest, involvement in prostitution, or sexual 2 23 exploitation of a minor. 2 24 The bill also requires the director of the department of 2 25 education to develop and adopt a model policy, in cooperation 2 26 with the department of human services and the attorney 2 27 general's office, for the handling of reports of child abuse, 2 28 as defined in section 232.68 and mandated under section 2 29 232.69. 2 30 Accredited nonpublic schools and public school districts 2 31 are currently required under the Code to prescribe procedures 2 32 based upon the department's model policy guidelines for the 2 33 handling of reports of child abuse involving physical or 2 34 mental injury suffered by a child, or the failure of a person 2 35 responsible for the care of a child to provide for the 3 1 adequate food, shelter, clothing, or other care necessary for 3 2 the child's health and welfare, when the abuse is alleged to 3 3 have been committed by an employee or agent of the public or 3 4 nonpublic school. This bill directs the schools and school 3 5 districts to include, in the procedures for the handling of 3 6 reports of child abuse, procedures relating to sexual abuse of 3 7 a child alleged to have been committed by an employee or agent 3 8 of the public or nonpublic school. 3 9 Code section 232.71 is amended to require the department of 3 10 human services to refer reports of sexual abuse of a child 3 11 which result from the acts or omissions of a person other than 3 12 a person responsible for the care of a child to an appropriate 3 13 law enforcement agency. The referral must be made orally, as 3 14 soon as practicable, and in writing within 72 hours of 3 15 receiving the report. 3 16 LSB 1620HH 77 3 17 kh/cf/24
Text: HF00385 Text: HF00387 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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