Text: HF00385                           Text: HF00387
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 386

Partial Bill History

Bill Introduced: H.J. 429
Complete Bill History

Bill Text

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, paragraph paragraphs "a", "b",
  2  5 or "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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