Text: HF00763 Text: HF00765 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 764 1 2 1 3 AN ACT 1 4 RELATING TO THE REORGANIZATION OF THE DEPARTMENT OF HUMAN 1 5 SERVICES AND PROVIDING AN EFFECTIVE DATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 217.42, Code 2001, is amended to read 1 10 as follows: 1 11 217.42COUNTY CLUSTERSSERVICE AREAS – OFFICES. 1 12 1. The organizational structure to deliver the 1 13 department's field services shall be based uponcounty1 14clustersservice areas.A county cluster shall consist of a1 15single county, or a group of counties which have joined1 16together toThe service areas shall serve as a basis for 1 17 providing field services to persons residing in thecounty or1 18 counties comprising theclusterservice area. Theclusters1 19 service areas shall be those designated by the department 1 20 effectiveMarch 1, 1992January 1, 2002.If it is necessary1 21for the department to significantly modify its field1 22operations or the composition of a designated county cluster,1 23the department shall consult with the affected counties prior1 24to implementing such action. A county may join a different1 25cluster if it is mutually agreeable with the department and it1 26occurs at the beginning of a fiscal year. The county boards1 27of supervisors in a cluster shall advise the department on the1 28selection of the area administrator responsible for the county1 29cluster.In determining the service areas, the department 1 30 shall consider other geographic service areas including but 1 31 not limited to judicial districts and community empowerment 1 32 areas. The department shall consult with the county boards of 1 33 supervisors in a service area with respect to the selection of 1 34 the service area manager responsible for the service area who 1 35 is initially selected for the service area designated 2 1 effective January 1, 2002, and any service area manager 2 2 selected for the service area thereafter. Following 2 3 establishment of the service areas effective January 1, 2002, 2 4 if a county seeks to change the boundaries of a service area, 2 5 the change shall only take place if the change is mutually 2 6 agreeable to the department and all affected counties. If it 2 7 is necessary for the department to significantly modify its 2 8 field operations or the composition of a designated service 2 9 area, or if it is necessary for the department to change the 2 10 number of offices operating less than full-time, the 2 11 department shall consult with the affected counties prior to 2 12 implementing such action. 2 13 2. The department shall maintain an office in each county. 2 14 Based on the annual appropriations for field operations, the 2 15 department shall strive to maintain a full-time presence in 2 16 each county. If it is not possible to maintain a full-time 2 17 presence in each county, the department shall provide staff 2 18 based on its caseweight system to assure the provision of 2 19 services. The department shall consult with the county boards 2 20 of supervisors of those counties regarding staffing prior to 2 21 any modification of office hours. 2 22 3. A county or group of counties may voluntarily enter 2 23 into a chapter 28E agreement with the department to provide 2 24 funding or staff persons to deliver field services incounty2 25cluster andcounty offices. The agreement shall cover the 2 26 full fiscal year but may be revised by mutual consent. 2 27 Sec. 2. Section 217.43, Code 2001, is amended by striking 2 28 the section and inserting in lieu thereof the following: 2 29 217.43 SERVICE AREA ADVISORY BOARDS – LOCATION OF COUNTY 2 30 OFFICES. 2 31 1. The department shall establish a service area advisory 2 32 board in each service area. Each of the county boards of 2 33 supervisors of the counties comprising the service area shall 2 34 appoint two service area advisory board members. The 2 35 following requirements apply to the appointments made by a 3 1 county board of supervisors: the membership shall be 3 2 appointed in accordance with section 69.16, relating to 3 3 political affiliation, and section 69.16A, relating to gender 3 4 balance; not more than one of the members shall be a member of 3 5 the board of supervisors; and appointments shall be made on 3 6 the basis of interest in maintaining and improving service 3 7 delivery. Appointments shall be made a part of the regular 3 8 proceedings of the board of supervisors and shall be filed 3 9 with the county auditor and the service area manager. A 3 10 vacancy on the board shall be filled in the same manner as the 3 11 original appointment. The boards of supervisors shall develop 3 12 and agree to other organizational provisions involving the 3 13 advisory board, including reporting requirements. 3 14 2. The purpose of the advisory boards is to improve 3 15 communication and coordination between the department and the 3 16 counties and to advise the department regarding maintenance 3 17 and improvement of service delivery in the counties and 3 18 communities comprising the service areas. 3 19 3. The department shall determine the community in which 3 20 each county office will be located. The county board of 3 21 supervisors shall determine the location of the office space 3 22 for the county office. The county board of supervisors shall 3 23 make reasonable efforts to collocate the office with other 3 24 state and local government or private entity offices in order 3 25 to maintain the offices in a cost-effective location that is 3 26 convenient to the public. 3 27 Sec. 3. Section 217.44, Code 2001, is amended to read as 3 28 follows: 3 29 217.44COUNTY CLUSTERSSERVICE AREAS – EMPLOYEE AND 3 30 VOLUNTEER RECORD CHECKS. 3 31 1. The department shall conduct criminal and child and 3 32 dependent adult abuse record checks of persons who are 3 33 potential employees, employees, potential volunteers, and 3 34 volunteers incounty clusterservice area offices in a 3 35 position having direct contact with the department's clients. 4 1 The record checks shall be performed in this state and the 4 2 department may conduct these checks in other states. If the 4 3 department determines that a person has been convicted of a 4 4 crime or has a record of founded child or dependent adult 4 5 abuse, the department shall perform an evaluation to determine 4 6 whether the crime or founded abuse warrants prohibition of the 4 7 person's employment or participation as a volunteer. The 4 8 record checks and evaluation shall be performed in accordance 4 9 with procedures adopted for this purpose by the department. 4 10 2. In an evaluation, the department shall consider the 4 11 nature and seriousness of the crime or founded child or 4 12 dependent adult abuse in relation to the position sought or 4 13 held, the time elapsed since the commission of the crime or 4 14 founded abuse, the circumstances under which the crime or 4 15 founded abuse was committed, the degree of rehabilitation, the 4 16 likelihood that the person will commit the crime or founded 4 17 abuse again, and the number of crimes or founded abuses 4 18 committed by the person involved. 4 19 3. The department may permit a person who is evaluated to 4 20 be employed or to participate as a volunteer if the person 4 21 complies with the department's conditions relating to 4 22 employment or participation as a volunteer which may include 4 23 completion of additional training. 4 24 4. If the department determines that the person has 4 25 committed a crime or has a record of founded child or 4 26 dependent adult abuse which warrants prohibition of employment 4 27 or participation as a volunteer, the person shall not be 4 28 employed by or participate as a volunteer in a department 4 29clusterservice area office in a position having direct 4 30 contact with the department's clients. 4 31 Sec. 4. Section 251.3, subsection 1, Code 2001, is amended 4 32 to read as follows: 4 33 1. Appoint such personnel as may be necessary for the 4 34 efficient discharge of the duties imposed upon the 4 35 administrator in the administration of emergency relief, and 5 1 to make such rules and regulations as the administrator deems 5 2 necessary or advisable covering the administrator's activities 5 3 and those of thecounty clusterservice area advisory boards 5 4 created under section 217.43, concerning emergency relief. 5 5 Sec. 5. Section 251.5, Code 2001, is amended to read as 5 6 follows: 5 7 251.5 DUTIES OF THECOUNTY CLUSTERSERVICE AREA ADVISORY 5 8 BOARD. 5 9 Acounty clusterservice area advisory board created in 5 10 section 217.43 shall perform the following activities for any 5 11 county in the board'scounty clusterservice area concerning 5 12 emergency relief: 5 13 1. Cooperate with a county's board of supervisors in all 5 14 matters pertaining to administration of relief. 5 15 2. At the request of a county's board of supervisors, 5 16 prepare requests for grants of state funds. 5 17 3. At the request of a county's board of supervisors, 5 18 administer county relief funds. 5 19 4. In a county receiving grants of state funds upon 5 20 approval of the director of revenue and finance and the 5 21 county's board of supervisors, administer both state and 5 22 county relief funds. 5 23 5. Perform other duties as may be prescribed by the 5 24 administrator and a county's board of supervisors. 5 25 Sec. 6. Section 251.7, Code 2001, is amended to read as 5 26 follows: 5 27 251.7 COUNTY APPOINTEES TO ACT AS EXECUTIVE OFFICERS. 5 28 The county board of supervisors may appoint an individual 5 29 to serve as the executive officer of thecounty cluster5 30 service area advisory board in all matters pertaining to 5 31 relief for that county. 5 32 Sec. 7. Section 252.6, Code 2001, is amended to read as 5 33 follows: 5 34 252.6 ENFORCEMENT OF LIABILITY. 5 35 Upon the failure of such relatives to assist or maintain a 6 1 poor person who has made application for assistance, the 6 2 county board of supervisors,county clusterservice area 6 3 advisory board created under section 217.43, or state division 6 4 of child and family services of the department of human 6 5 services may apply to the district court of the county where 6 6 the poor person resides or may be found, for an order to 6 7 compel the assistance or maintenance. 6 8 Sec. 8. Section 331.321, subsection 1, paragraph f, Code 6 9 2001, is amended to read as follows: 6 10 f. The members of thecounty clusterservice area advisory 6 11 board in accordance with section 217.43. 6 12 Sec. 9. EFFECTIVE DATE. This Act, being deemed of 6 13 immediate importance, takes effect upon enactment. 6 14 6 15 6 16 6 17 BRENT SIEGRIST 6 18 Speaker of the House 6 19 6 20 6 21 6 22 MARY E. KRAMER 6 23 President of the Senate 6 24 6 25 I hereby certify that this bill originated in the House and 6 26 is known as House File 764, Seventy-ninth General Assembly. 6 27 6 28 6 29 6 30 MARGARET THOMSON 6 31 Chief Clerk of the House 6 32 Approved , 2001 6 33 6 34 6 35 7 1 THOMAS J. VILSACK 7 2 Governor
Text: HF00763 Text: HF00765 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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