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40 2. If the department ofhuman servicespublic 41 safety determines that a person has committed a crime 42 or has a record of foundedchild ordependent adult 43 abuse and islicensed,to be employedbyin a facility 44 licensed under this chapter,or resides in a licensed45facility,the department of public safety shall notify 46 the licensee that an evaluation will be conducted by 47 the department of human services to determine whether 48 prohibition of the person'slicensure,employment,or49residenceis warranted. If a department of human 50 services child abuse record check determines the Page 2 1 person has a record of founded child abuse, the 2 department shall inform the licensee that an 3 evaluation will be conducted to determine whether 4 prohibition of the person's employment is warranted. 5 3. In an evaluation, the department of human 6 services shall consider the nature and seriousness of 7 the crime or founded child or dependent adult abuse in 8 relation to the position sought or held, the time 9 elapsed since the commission of the crime or founded 10 child or dependent adult abuse, the circumstances 11 under which the crime or founded child or dependent 12 adult abuse was committed, the degree of 13 rehabilitation, the likelihood that the person will 14 commit the crime or founded child or dependent adult 15 abuse again, and the number of crimes or founded child 16 or dependent adult abuses committed by the person 17 involved. The department of human services has final 18 authority in determining whether prohibition of the 19 person'slicensure,employment, or residenceis 20 warranted. 21 4. If the department of human services determines 22 that the person has committed a crime or has a record 23 of founded child or dependent adult abuse which 24 warrants prohibition oflicensure,employment,or25residence,the person shall not belicensed underthis26chapter and shall not beemployedbyin a facilityor27reside in a facilitylicensed under this chapter. 28 Sec. ___. Section 235B.6, subsection 2, paragraph 29 e, Code 1997, is amended by adding the following new 30 subparagraph: 31 NEW SUBPARAGRAPH. (7) The department of public 32 safety for purposes of performing records checks 33 required under section 135C.33. 34 Sec. ___. HOME HEALTH SERVICES - REGULATORY 35 REQUIREMENTS. The departments of public health and 36 inspections and appeals shall review federal and state 37 requirements applicable to providers of homemaker, 38 home-health aide, home-care aide, hospice, and other 39 in-home services to persons with health problems. The
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