Text: HF00679 Text: HF00681 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 680 1 2 1 3 AN ACT 1 4 RELATING TO CHILD AND DEPENDENT ABUSE REPORTING AND CIVIL 1 5 REMEDIES PERTAINING TO SUCH REPORTING. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 135.11, Code 2001, is amended by adding 1 10 the following new subsection: 1 11 NEW SUBSECTION. 26. Establish an abuse education review 1 12 panel for review and approval of mandatory reporter training 1 13 curricula for those persons who work in a position 1 14 classification that under law makes the persons mandatory 1 15 reporters of child or dependent adult abuse and the position 1 16 classification does not have a mandatory reporter training 1 17 curriculum approved by a licensing or examining board. 1 18 Sec. 2. Section 232.69, subsection 1, paragraph b, Code 1 19 2001, is amended to read as follows: 1 20 b. Any of the following persons who, in the scope of 1 21 professional practice or in their employment responsibilities, 1 22 examines, attends, counsels, or treats a child and reasonably 1 23 believes a child has suffered abuse: 1 24 (1) Aself-employedsocial worker. 1 25(2) A social worker under the jurisdiction of the1 26department of human services.1 27(3) A social worker employed by a public or private agency1 28or institution.1 29(4)(2) An employee or operator of a public or private 1 30 health care facility as defined in section 135C.1. 1 31(5)(3) A certified psychologist. 1 32(6)(4) A licensed school employee, certified 1 33 paraeducator, or holder of a coaching authorization issued 1 34 under section 272.31. 1 35(7)(5) An employee or operator of a licensed child care 2 1 center,orregistered child care home, head start program, 2 2 family development and self-sufficiency grant program under 2 3 section 217.12, or healthy opportunities for parents to 2 4 experience success – healthy families Iowa program under 2 5 section 135.106. 2 6(8)(6) An employee or operator of a substance abuse 2 7 program or facility licensed under chapter 125. 2 8(9)(7) An employee of a department of human services 2 9 institution listed in section 218.1. 2 10(10)(8) An employee or operator of a juvenile detention 2 11 or juvenile shelter care facility approved under section 2 12 232.142. 2 13(11)(9) An employee or operator of a foster care facility 2 14 licensed or approved under chapter 237. 2 15(12)(10) An employee or operator of a mental health 2 16 center. 2 17(13)(11) A peace officer. 2 18(14) A dental hygienist.2 19(15)(12) A counselor,or mental health professional. 2 20 Sec. 3. Section 232.69, subsection 3, Code 2001, is 2 21 amended to read as follows: 2 22 3. a. For the purposes of this subsection, "licensing 2 23 board" means an examining board designated in section 147.13, 2 24 the board of educational examiners created in section 272.2, 2 25 or a licensing board as defined in section 272C.1. 2 26 b. A person required to make a report under subsection 1, 2 27 other than a physician whose professional practice does not 2 28 regularly involve providing primary health care to children, 2 29 shall complete two hours of training relating to the 2 30 identification and reporting of child abuse within six months 2 31 of initial employment or self-employment involving the 2 32 examination, attending, counseling, or treatment of children 2 33 on a regular basis. Within one month of initial employment or 2 34 self-employment, the person shall obtain a statement of the 2 35 abuse reporting requirements from the person's employer or, if 3 1 self-employed, from the department. The person shall complete 3 2 at least two hours of additional child abuse identification 3 3 and reporting training every five years. 3 4 c. If the person is an employee of a hospital or similar 3 5 institution, or of a public or private institution, agency, or 3 6 facility, the employer shall be responsible for providing the 3 7 child abuse identification and reporting training. If the 3 8 person is self-employed, employed in a licensed or certified 3 9 profession, or employed by a facility or program that is 3 10 subject to licensure, regulation, or approval by a state 3 11 agency, the person shallbe responsible for obtainingobtain 3 12 the child abuse identification and reporting training as 3 13 provided in paragraph "d". 3 14 d. The person may complete the initial or additional 3 15 training requirements as part ofaany of the following that 3 16 are applicable to the person: 3 17 (1) A continuing education program required under chapter 3 18 272Cor may complete the training as part of aand approved by 3 19 the appropriate licensing or examining board. 3 20 (2) A training program using a curriculum approved by the 3 21 abuse education review panel established by the director of 3 22 public health pursuant to section 135.11. 3 23 (3) A training program using such an approved curriculum 3 24 offered by the department of human services, the department of 3 25 education, an area education agency, a school district, the 3 26 Iowa law enforcement academy, or a similar public agency. 3 27 e. A licensing board with authority over the license of a 3 28 person required to make a report under subsection 1 shall 3 29 require as a condition of licensure that the person is in 3 30 compliance with the requirements for abuse training under this 3 31 subsection. The licensing board shall require the person upon 3 32 licensure renewal to accurately document for the licensing 3 33 board the person's completion of the training requirements. 3 34 However, the licensing board may adopt rules providing for 3 35 waiver or suspension of the compliance requirements, if the 4 1 waiver or suspension is in the public interest, applicable to 4 2 a person who is engaged in active duty in the military service 4 3 of this state or of the United States, to a person for whom 4 4 compliance with the training requirements would impose a 4 5 significant hardship, or to a person who is practicing a 4 6 licensed profession outside this state or is otherwise subject 4 7 to circumstances that would preclude the person from 4 8 encountering child abuse in this state. 4 9 f. For persons required to make a report under subsection 4 10 1 who are not engaged in a licensed profession that is subject 4 11 to the authority of a licensing board but are employed by a 4 12 facility or program subject to licensure, registration, or 4 13 approval by a state agency, the agency shall require as a 4 14 condition of renewal of the facility's or program's licensure, 4 15 registration, or approval, that such persons employed by the 4 16 facility or program are in compliance with the training 4 17 requirements of this subsection. 4 18 g. For peace officers, the elected or appointed official 4 19 designated as the head of the agency employing the peace 4 20 officer shall ensure compliance with the training requirements 4 21 of this subsection. 4 22 h. For persons required to make a report under subsection 4 23 1 who are employees of state departments and political 4 24 subdivisions of the state, the department director or the 4 25 chief administrator of the political subdivision shall ensure 4 26 the persons' compliance with the training requirements of this 4 27 subsection. 4 28 Sec. 4. Section 232.70, Code 2001, is amended by adding 4 29 the following new subsection: 4 30 NEW SUBSECTION. 1A. The employer or supervisor of a 4 31 person who is a mandatory or permissive reporter shall not 4 32 apply a policy, work rule, or other requirement that 4 33 interferes with the person making a report of child abuse. 4 34 Sec. 5. Section 232.71B, subsection 14, Code 2001, is 4 35 amended to read as follows: 5 1 14. FALSE REPORTS. If a fourth report is received from 5 2 the same person who made three earlier reports which 5 3 identified the same child as a victim of child abuse and the 5 4 same person responsible for the care of the child as the 5 5 alleged abuser and which were determined by the department to 5 6 be entirely false or without merit, the department may 5 7 determine that the report is again false or without merit due 5 8 to the report's spurious or frivolous nature and may in its 5 9 discretion terminate its assessment of the report. If the 5 10 department receives more than three reports which identify the 5 11 same child as a victim of child abuse or the same person as 5 12 the alleged abuser of a child, or which were made by the same 5 13 person, and the department determined the reports to be 5 14 entirely false or without merit, the department shall provide 5 15 information concerning the reports to the county attorney for 5 16 consideration of criminal charges under section 232.75, 5 17 subsection 3. 5 18 Sec. 6. Section 232.75, subsection 2, Code 2001, is 5 19 amended to read as follows: 5 20 2. Any person, official, agency, or institution, required 5 21 by section 232.69 to report a suspected case of child abuse 5 22 who knowingly fails to do so or who knowingly interferes with 5 23 the making of such a report in violation of section 232.70, is 5 24 civilly liable for the damages proximately caused by such 5 25 failure or interference. 5 26 Sec. 7. Section 235B.3, subsection 2, paragraphs a, b, and 5 27 c, Code 2001, are amended to read as follows: 5 28 a. Aself-employedsocial worker. 5 29b. A social worker or an income maintenance worker under5 30the jurisdiction of the department of human services.5 31c. A social worker employed by a public or private person5 32including a public or private health care facility as defined5 33in section 135C.1.5 34 Sec. 8. Section 235B.3, subsection 3, Code 2001, is 5 35 amended to read as follows: 6 1 3. a. If a staff member or employee is required to report 6 2 pursuant to this section, the person shall immediately notify 6 3 the person in charge or the person's designated agent, and the 6 4 person in charge or the designated agent shall make the report 6 5 by the end of the next business day. 6 6 b. The employer or supervisor of a person who is required 6 7 to or may make a report pursuant to this section shall not 6 8 apply a policy, work rule, or other requirement that 6 9 interferes with the person making a report of dependent adult 6 10 abuse or that results in the failure of another person to make 6 11 the report. 6 12 Sec. 9. Section 235B.3, subsection 7, unnumbered paragraph 6 13 1, Code 2001, is amended to read as follows: 6 14 The department shall inform the appropriate county 6 15 attorneys of any reports of dependent adult abuse. The 6 16 department may request information from any person believed to 6 17 have knowledge of a case of dependent adult abuse. The 6 18 person, including but not limited to a county attorney, a law 6 19 enforcement agency, a multidisciplinary team,ora social 6 20 services agency in the state, or any person who is required 6 21 pursuant to subsection 2 to report dependent adult abuse, 6 22 whether or not the person made the specific dependent adult 6 23 abuse report, shall cooperate and assist in the evaluation 6 24 upon the request of the department. If the department's 6 25 assessment reveals that dependent adult abuse exists which 6 26 might constitute a criminal offense, a report shall be made to 6 27 the appropriate law enforcement agency. County attorneys and 6 28 appropriate law enforcement agencies shall also take any other 6 29 lawful action necessary or advisable for the protection of the 6 30 dependent adult. 6 31 Sec. 10. Section 235B.3, subsection 10, Code 2001, is 6 32 amended to read as follows: 6 33 10. A person required by this section to report a 6 34 suspected case of dependent adult abuse who knowingly and 6 35 willfully fails to do sois guilty ofcommits a simple 7 1 misdemeanor. A person required by this section to report a 7 2 suspected case of dependent adult abuse who knowingly fails to 7 3 do so or who knowingly, in violation of subsection 3, 7 4 interferes with the making of such a report or applies a 7 5 requirement that results in such a failure, is civilly liable 7 6 for the damages proximately caused by the failure. 7 7 Sec. 11. Section 235B.16, subsection 5, Code 2001, is 7 8 amended to read as follows: 7 9 5. a. For the purposes of this subsection, "licensing 7 10 board" means an examining board designated in section 147.13, 7 11 the board of educational examiners created in section 272.2, 7 12 or a licensing board as defined in section 272C.1. 7 13 b. A person required to report cases of dependent adult 7 14 abuse pursuant to section 235B.3, other than a physician whose 7 15 professional practice does not regularly involve providing 7 16 primary health care to adults, shall complete two hours of 7 17 training relating to the identification and reporting of 7 18 dependent adult abuse within six months of initial employment 7 19 or self-employment which involves the examination, attending, 7 20 counseling, or treatment of adults on a regular basis. Within 7 21 one month of initial employment or self-employment, the person 7 22 shall obtain a statement of the abuse reporting requirements 7 23 from the person's employer or, if self-employed, from the 7 24 department. The person shall complete at least two hours of 7 25 additional dependent adult abuse identification and reporting 7 26 training every five years. 7 27 c. If the person is an employee of a hospital or similar 7 28 public or private facility, the employer shall be responsible 7 29 for providing the training. To the extent that the employer 7 30 provides approved training on the employer's premises, the 7 31 hours of training completed by employees shall be included in 7 32 the calculation of nursing or service hours required to be 7 33 provided to a patient or resident per day. If the person is 7 34 self-employed, employed in a licensed or certified profession, 7 35 or employed by a facility or program that is subject to 8 1 licensure, regulation, or approval by a state agency, the 8 2 person shallbe responsible for obtainingobtain the training 8 3 as provided in paragraph "d". 8 4 d. The person may complete the initial or additional 8 5 training requirements as a part ofaany of the following that 8 6 are applicable to the person: 8 7 (1) A continuing education program required under chapter 8 8 272Cor may complete the training as a part of aand approved 8 9 by the appropriate licensing or examining board. 8 10 (2) A training program using a curriculum approved by the 8 11 abuse education review panel established by the director of 8 12 public health pursuant to section 135.11. 8 13 (3) A training program using such an approved curriculum 8 14 offered by the department of human services, the department of 8 15 elder affairs, the department of inspections and appeals, the 8 16 Iowa law enforcement academy, or a similar public agency. 8 17 e. A person required to complete both child abuse and 8 18 dependent adult abuse mandatory reporter training may complete 8 19 the training through a program which combines child abuse and 8 20 dependent adult abuse curricula and thereby meet the training 8 21 requirements of both this subsection and section 232.69 8 22 simultaneously. A person who is a mandatory reporter for both 8 23 child abuse and dependent adult abuse may satisfy the combined 8 24 training requirements of this subsection through completion of 8 25 a two-hour training program, if the training program 8 26 curriculumand content are approved by the department of human8 27servicesis approved by the appropriate licensing or examining 8 28 board or the abuse education review panel established by the 8 29 director of public health pursuant to section 135.11. 8 30 f. A licensing board with authority over the license of a 8 31 person required to report cases of dependent adult abuse 8 32 pursuant to section 235B.3 shall require as a condition of 8 33 licensure that the person is in compliance with the 8 34 requirements for abuse training under this subsection. The 8 35 licensing board shall require the person upon licensure 9 1 renewal to accurately document for the licensing board the 9 2 person's completion of the training requirements. However, 9 3 the licensing board may adopt rules providing for waiver or 9 4 suspension of the compliance requirements, if the waiver or 9 5 suspension is in the public interest, applicable to a person 9 6 who is engaged in active duty in the military service of this 9 7 state or of the United States, to a person for whom compliance 9 8 with the training requirements would impose a significant 9 9 hardship, or to a person who is practicing a licensed 9 10 profession outside this state or is otherwise subject to 9 11 circumstances that would preclude the person from encountering 9 12 dependent adult abuse in this state. 9 13 g. For persons required to report cases of dependent adult 9 14 abuse pursuant to section 235B.3, who are not engaged in a 9 15 licensed profession that is subject to the authority of a 9 16 licensing board but are employed by a facility or program 9 17 subject to licensure, registration, or approval by a state 9 18 agency, the agency shall require as a condition of the renewal 9 19 of the facility's or program's licensure, registration, or 9 20 approval, that such persons employed by the facility or 9 21 program are in compliance with the training requirements of 9 22 this subsection. 9 23 h. For peace officers, the elected or appointed official 9 24 designated as the head of the agency employing the peace 9 25 officer shall ensure compliance with the training requirements 9 26 of this subsection. 9 27 i. For persons required to report cases of dependent adult 9 28 abuse pursuant to section 235B.3 who are employees of state 9 29 departments and political subdivisions of the state, the 9 30 department director or the chief administrator of the 9 31 political subdivision shall ensure the persons' compliance 9 32 with the training requirements of this subsection. 9 33 9 34 9 35 10 1 BRENT SIEGRIST 10 2 Speaker of the House 10 3 10 4 10 5 10 6 MARY E. KRAMER 10 7 President of the Senate 10 8 10 9 I hereby certify that this bill originated in the House and 10 10 is known as House File 680, Seventy-ninth General Assembly. 10 11 10 12 10 13 10 14 MARGARET THOMSON 10 15 Chief Clerk of the House 10 16 Approved , 2001 10 17 10 18 10 19 10 20 THOMAS J. VILSACK 10 21 Governor
Text: HF00679 Text: HF00681 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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