Text: H08263                            Text: H08265
Text: H08200 - H08299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8264

Amendment Text

PAG LIN
  1  1    Amend House File 2561 as follows:
  1  2    #1.  Page 1, line 27, by striking the word "care"
  1  3 and inserting the following:  "advocacy".
  1  4    #2.  Page 5, line 21, by striking the word "CARE"
  1  5 and inserting the following:  "ADVOCACY".
  1  6    #3.  Page 5, line 26, by striking the word "care"
  1  7 and inserting the following:  "advocacy".
  1  8    #4.  Page 6, line 8, by striking the word "care"
  1  9 and inserting the following:  "advocacy".
  1 10    #5.  Page 19, line 7, by inserting after the word
  1 11 "Recommend" the following:  ", in cooperation with the
  1 12 department of inspections and appeals,".
  1 13    #6.  Page 19, line 15, by inserting after the word
  1 14 "Recommend" the following:  ", in cooperation with the
  1 15 department of inspections and appeals,".
  1 16    #7.  Page 20, line 1, by inserting after the word
  1 17 "Establish" the following:  ", in cooperation with the
  1 18 department of inspections and appeals,".
  1 19    #8.  Page 20, by inserting after line 12 the
  1 20 following:
  1 21    "Sec.    .  Section 230A.16, unnumbered paragraph
  1 22 1, Code 2001, is amended to read as follows:
  1 23    The administrator of the division of mental health
  1 24 and developmental disabilities of the department of
  1 25 human services shall recommend, in cooperation with
  1 26 the department of inspections and appeals, and the
  1 27 mental health and developmental disabilities
  1 28 commission shall adopt standards for community mental
  1 29 health centers and comprehensive community mental
  1 30 health programs, with the overall objective of
  1 31 ensuring that each center and each affiliate providing
  1 32 services under contract with a center furnishes high
  1 33 quality mental health services within a framework of
  1 34 accountability to the community it serves.  The
  1 35 standards shall be in substantial conformity with
  1 36 those of the psychiatric committee of the joint
  1 37 commission on accreditation of health care
  1 38 organizations and other recognized national standards
  1 39 for evaluation of psychiatric facilities unless in the
  1 40 judgment of the administrator of the division of
  1 41 mental health and developmental disabilities
  1 42 department of human services and the department of
  1 43 inspections and appeals, with approval of the mental
  1 44 health and developmental disabilities commission,
  1 45 there are sound reasons for departing from the
  1 46 standards.  When recommending standards under this
  1 47 section, the administrator of the division department
  1 48 of human services shall designate an advisory
  1 49 committee representing boards of directors and
  1 50 professional staff of community mental health centers
  2  1 to assist in the formulation or revision of standards.
  2  2 At least a simple majority of the members of the
  2  3 advisory committee shall be lay representatives of
  2  4 community mental health center boards of directors.
  2  5 At least one member of the advisory committee shall be
  2  6 a member of a county board of supervisors.  The
  2  7 standards recommended under this section shall include
  2  8 requirements that each community mental health center
  2  9 established or operating as authorized by section
  2 10 230A.1 shall:"
  2 11    #9.  Page 21, line 4, by inserting after the word
  2 12 "shall" the following:  ", in cooperation with the
  2 13 department of inspections and appeals,".
  2 14    #10.  Page 21, line 34, by inserting after the word
  2 15 "rules" the following:  ", in cooperation with the
  2 16 department of inspections and appeals,".
  2 17    #11.  Page 23, line 3, by inserting after the word
  2 18 "department" the following:  "of human services, in
  2 19 cooperation with the department of inspections and
  2 20 appeals,".
  2 21    #12.  Page 23, line 16, by striking the figures and
  2 22 word "3 and 4" and inserting the following:  "3, 4,
  2 23 and 8".
  2 24    #13.  Page 23, line 21, by inserting after the
  2 25 word, "department" the following:  "of human services
  2 26 and the department of inspections and appeals".
  2 27    #14.  Page 23, line 26, by inserting after the
  2 28 word, "department" the following:  "of human services
  2 29 and the department of inspections and appeals".
  2 30    #15.  Page 23, by inserting after line 26, the
  2 31 following:
  2 32    "8.  The department of human services, in
  2 33 consultation with the department of inspections and
  2 34 appeals, the judicial branch, the division of criminal
  2 35 and juvenile justice planning of the department of
  2 36 human rights, residential treatment providers, the
  2 37 foster care provider association, and other parties
  2 38 which that may be affected, shall review the licensing
  2 39 rules pertaining to residential treatment facilities,
  2 40 and examine whether the rules allow the facilities to
  2 41 accept and provide effective treatment to juveniles
  2 42 with serious problems who might not otherwise be
  2 43 placed in those facilities."
  2 44    #16.  Page 28, line 21, by inserting after the word
  2 45 "services" the following:  ", in cooperation with the
  2 46 department of inspections and appeals".
  2 47    #17.  Page 29, line 5, by inserting after the word
  2 48 "services" the following:  ", in cooperation with the
  2 49 department of inspections and appeals,".
  2 50    #18.  Page 29, line 8, by inserting after the word
  3  1 "marshal" the following:  "and the department of
  3  2 inspections and appeals".
  3  3    #19.  Page 32, line 3, by inserting after the word
  3  4 "rules" the following:  ", in cooperation with the
  3  5 department of inspections and appeals,".
  3  6    #20.  Page 32, by striking lines 16 and 17 and
  3  7 inserting the following:
  3  8    "Sec.    .  Section 237A.12, subsections 3 and 4,
  3  9 Code 2001, are amended to read as follows:
  3 10    3.  Rules relating to fire safety shall be adopted
  3 11 under this chapter by the state fire marshal in
  3 12 consultation with the department of human services and
  3 13 the department of inspections and appeals.  Rules
  3 14 adopted by the state fire marshal for a building which
  3 15 is owned or leased by a school district or accredited
  3 16 nonpublic school and used as a child care facility
  3 17 shall not differ from standards adopted by the state
  3 18 fire marshal for school buildings under chapter 100.
  3 19 Rules relating to sanitation shall be adopted by the
  3 20 department of human services in consultation with the
  3 21 director of public health and in cooperation with the
  3 22 department of inspections and appeals.  All rules
  3 23 shall be developed in consultation with the state
  3 24 child care advisory council.  The state fire marshal
  3 25 shall inspect the facilities."
  3 26    #21.  Page 33, by inserting after line 8 the
  3 27 following:
  3 28    "Sec.    .  Section 237A.21, subsection 1, Code
  3 29 2001, is amended to read as follows:
  3 30    1.  A state child care advisory council is
  3 31 established consisting of not more than thirty-five
  3 32 thirty-six members from urban and rural areas across
  3 33 the state.  The membership shall include, but is not
  3 34 limited to, all of the following persons or
  3 35 representatives with an interest in child care:  a
  3 36 licensed center, a registered child care home from a
  3 37 county with a population of less than twenty-two
  3 38 thousand, an unregistered child care home, a parent of
  3 39 a child in child care, appropriate governmental
  3 40 agencies, and other members as deemed necessary by the
  3 41 director.  The members are eligible for reimbursement
  3 42 of their actual and necessary expenses while engaged
  3 43 in performance of their official duties.
  3 44    Sec.    .  Section 237A.21, subsection 3, Code
  3 45 2001, is amended by adding the following new
  3 46 paragraph:
  3 47    NEW PARAGRAPH.  ll.  One designee of the department
  3 48 of inspections and appeals.
  3 49    Sec.    .  Section 237A.27, Code 2001, is amended
  3 50 to read as follows:
  4  1    237A.27  CRISIS CHILD CARE.
  4  2    The department of human services shall, in
  4  3 cooperation with the department of inspections and
  4  4 appeals, establish a special child care registration
  4  5 or licensure classification for crisis child care
  4  6 which is provided on a temporary emergency basis to a
  4  7 child when there is reason to believe that the child
  4  8 may be subject to abuse or neglect.  The special
  4  9 classification is not subject to the definitional
  4 10 restrictions of child care in this chapter relating to
  4 11 the provision of child care for a period of less than
  4 12 twenty-four hours per day on a regular basis.
  4 13 However, the provision of crisis child care shall be
  4 14 limited to a period of not more than seventy-two hours
  4 15 for a child during any single stay.  A person
  4 16 providing crisis child care must be registered or
  4 17 licensed under this chapter and must be participating
  4 18 or have previously participated in the federal crisis
  4 19 nursery pilot project.  The department shall adopt
  4 20 rules pursuant to chapter 17A, in cooperation with the
  4 21 department of inspections and appeals, to implement
  4 22 this section."
  4 23    #22.  Page 35, by striking lines 13 through 26, and
  4 24 inserting the following:
  4 25    "238.12  APPEAL – JUDICIAL REVIEW.
  4 26    1.  Any A licensee feeling aggrieved by any a
  4 27 decision of the administrator department of
  4 28 inspections and appeals revoking the licensee's
  4 29 license may appeal to the council on human services
  4 30 director of the department of inspections and appeals
  4 31 in the manner of form prescribed by such council the
  4 32 director of the department of inspections and appeals.
  4 33 The council director of the department of inspections
  4 34 and appeals shall, upon receipt of such an appeal give
  4 35 the licensee reasonable notice and opportunity for a
  4 36 fair hearing before such council or its duly
  4 37 authorized representative or representatives.
  4 38 Following such the hearing the council on human
  4 39 services director of the department of inspections and
  4 40 appeals shall take its final action and notify the
  4 41 licensee in writing.
  4 42    2.  Judicial review of the actions of the council
  4 43 director of the department of inspections and appeals
  4 44 may be sought in accordance with the terms of the Iowa
  4 45 administrative procedure Act chapter 17A."
  4 46    #23.  Page 35, line 32, by inserting after the word
  4 47 "for" the following:  ", in cooperation with the
  4 48 department of inspections and appeals,".
  4 49    #24.  Page 36, lines 26 and 27, by striking the
  4 50 words "of inspections and appeals" and inserting the
  5  1 following:  "of human services".
  5  2    #25.  Page 41, by inserting after line 35, the
  5  3 following:  
  5  4                      "DIVISION ___
  5  5                     IMPLEMENTATION.
  5  6    Sec.    .  PHASED IMPLEMENTATION OVER ONE YEAR –
  5  7 RULEMAKING.
  5  8    1.  This Act takes effect July 1, 2002, except that
  5  9 the department of human services and the department of
  5 10 inspections and appeals may phase in the transfer of
  5 11 duties between the departments as required by this Act
  5 12 during the period beginning July 1, 2002, and ending
  5 13 June 30, 2003.  The department of human services shall
  5 14 adopt rules, in cooperation with the department of
  5 15 inspections and appeals, on an emergency basis as
  5 16 provided in this section, establishing the
  5 17 implementation schedule for the transfer of duties.
  5 18 The requirements of this section are applicable to the
  5 19 following divisions of this Act:
  5 20    a.  Division I, relating to department of
  5 21 inspections and appeals duties.
  5 22    b.  Division II, relating to the department of
  5 23 inspections and appeals' evaluation of crime and abuse
  5 24 records.
  5 25    c.  Division III, relating to department of
  5 26 inspections and appeals and mental health and
  5 27 developmental disabilities services.
  5 28    d.  Division IV, relating to department of
  5 29 inspections and appeals and juvenile detention and
  5 30 shelter care homes.
  5 31    e.  Division V, relating to department of
  5 32 inspections and appeals and group foster care.
  5 33    f.  Division VI, relating to department of
  5 34 inspections and appeals and child care.
  5 35    g.  Division VII, relating to department of
  5 36 inspections and appeals and child-placing agencies.
  5 37    2.  As necessary to establish the implementation
  5 38 schedule required by this section, the department of
  5 39 human services may adopt emergency rules under section
  5 40 17A.4, subsection 2, and section 17A.5, subsection 2,
  5 41 paragraph "b", and the rules shall be effective
  5 42 immediately upon filing or on a later date specified
  5 43 in the rules, unless the rules are delayed by the
  5 44 administrative rules review committee.  A rule adopted
  5 45 under this subsection shall not take effect before the
  5 46 administrative rules review committee reviews the
  5 47 rule.  The delay authority provided to the
  5 48 administrative rules review committee under section
  5 49 17A.4, subsection 5, and section 17A.8, subsection 9,
  5 50 shall be applicable to a delay imposed under this
  6  1 subsection, notwithstanding a provision in those
  6  2 sections making them inapplicable to section 17A.5,
  6  3 subsection 2, paragraph "b".  Any rules adopted in
  6  4 accordance with this section shall also be published
  6  5 as a notice of intended action as provided in section
  6  6 17A.4.  
  6  7                      DIVISION ___
  6  8        HAWK-I BOARD MEMBERS – STAGGERED TERMS.
  6  9    Sec.    .  HAWK-I BOARD MEMBERS APPOINTMENT.  In
  6 10 order to stagger the terms of the public members of
  6 11 the hawk-i board appointed by the governor, upon
  6 12 expiration of the terms of the public members in the
  6 13 year 2002, notwithstanding section 514I.5, the terms
  6 14 of two of those members appointed or reappointed
  6 15 effective May 1, 2002, shall be three years, as
  6 16 determined by the governor, and subsequent terms shall
  6 17 be two years.
  6 18    Sec.    .  EFFECTIVE DATE.  This division of this
  6 19 Act, being deemed of immediate importance, takes
  6 20 effect upon enactment."
  6 21    #26.  Title page, lines 8 and 9, by striking the
  6 22 words "and providing an effective date" and inserting
  6 23 the following:  "staggering the terms of the hawk-i
  6 24 board members, and providing effective dates".
  6 25    #27.  By renumbering as necessary.  
  6 26 
  6 27 
  6 28                               
  6 29 BOAL of Polk
  6 30 
  6 31 
  6 32                               
  6 33 SMITH of Marshall
  6 34 HF 2561.502 79
  6 35 jp/pj
     

Text: H08263                            Text: H08265
Text: H08200 - H08299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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