Text: SSB03139                          Text: SSB03141
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 3140

Bill Text

PAG LIN
  1  1                           DIVISION I
  1  2          DEPARTMENT OF INSPECTIONS AND APPEALS DUTIES
  1  3    Section 1.  Section 10A.101, subsection 1, Code 2001, is
  1  4 amended to read as follows:
  1  5    1.  "Administrator" means the chief administrative law
  1  6 judge, chief inspector, chief investigator, chief auditor, or
  1  7 the a person administering coordinating the administration of
  1  8 a division of the department.
  1  9    Sec. 2.  Section 10A.104, Code 2001, is amended by adding
  1 10 the following new subsection:
  1 11    NEW SUBSECTION.  11.  Administer inspection and licensing
  1 12 of social and charitable gambling pursuant to chapter 99B.
  1 13    Sec. 3.  Section 10A.104, subsection 8, Code 2001, is
  1 14 amended to read as follows:
  1 15    8.  Establish by rule standards and procedures for
  1 16 certifying that targeted small businesses are eligible to
  1 17 participate in the procurement program established in sections
  1 18 73.15 through 73.21.  The procedure for determination of
  1 19 eligibility shall not include self-certification by a
  1 20 business.  Rules and guidelines adopted pursuant to this
  1 21 subsection are subject to review and approval by the director
  1 22 of the department of management.  The director shall maintain
  1 23 a current directory of targeted small businesses which that
  1 24 have been certified pursuant to this subsection.
  1 25    Sec. 4.  Section 10A.106, subsection 2, Code 2001, is
  1 26 amended to read as follows:
  1 27    2.  Audits Child care division.
  1 28    Sec. 5.  Section 10A.106, unnumbered paragraph 2, Code
  1 29 2001, is amended to read as follows:
  1 30    The allocation of departmental duties to the divisions of
  1 31 the department in sections 10A.302, 10A.402, 10A.502, 10A.702,
  1 32 and 10A.801, and 10A.901 does not prohibit the director from
  1 33 reallocating departmental duties within the department.  The
  1 34 director shall not reallocate any of the duties of the
  1 35 division of administrative hearings, created by section
  2  1 10A.801, to any other unit of the department.
  2  2    Sec. 6.  Section 10A.401, subsection 1, Code 2001, is
  2  3 amended to read as follows:
  2  4    1.  "Administrator" means the chief investigator who shall
  2  5 coordinate person coordinating the administration of this
  2  6 division.
  2  7    Sec. 7.  Section 10A.402, Code 2001, is amended to read as
  2  8 follows:
  2  9    10A.402  RESPONSIBILITIES.
  2 10    The administrator shall coordinate the division's conduct
  2 11 of various audits and investigations as otherwise provided for
  2 12 by law including but not limited to the following:
  2 13    1.  Investigations relative to the practice of regulated
  2 14 professions and occupations, except those within the
  2 15 jurisdiction of the board of medical examiners, the board of
  2 16 pharmacy examiners, the board of dental examiners, and the
  2 17 board of nursing.
  2 18    2.  Investigations relative to proposed sales within the
  2 19 state of subdivided land situated outside of the state.
  2 20 Audits relative to the administration of hospitals and health
  2 21 care facilities.
  2 22    3.  Investigations relative to applications for beer and
  2 23 liquor licenses.  Audits relative to administration and
  2 24 disbursement of funding under the state supplementary
  2 25 assistance program and the medical assistance program.
  2 26    4.  Investigations and collections relative to the
  2 27 liquidation of overpayment debts owed to the department of
  2 28 human services.  Collection methods include but are not
  2 29 limited to small claims filings, debt setoff, distress
  2 30 warrants, and repayment agreements, and are subject to
  2 31 approval by the department of human services.
  2 32    5.  Investigations relative to the operations of the
  2 33 department of elder affairs.
  2 34    6.  Investigations relative to the administration of the
  2 35 state supplemental supplementary assistance program, the state
  3  1 medical assistance program, the food stamp program, the family
  3  2 investment program, and any other state or federal benefit
  3  3 assistance program.
  3  4    7.  Investigations relative to the internal affairs and
  3  5 operations of agencies and departments within the executive
  3  6 branch of state government, except for institutions governed
  3  7 by the state board of regents.
  3  8    8.  Evaluation of record checks performed in accordance
  3  9 with section 135C.33.
  3 10    Sec. 8.  Section 10A.501, subsection 1, Code 2001, is
  3 11 amended to read as follows:
  3 12    1.  "Administrator" means the chief inspector, who shall
  3 13 coordinate person coordinating the administration of this
  3 14 division.
  3 15    Sec. 9.  Section 10A.502, Code 2001, is amended to read as
  3 16 follows:
  3 17    10A.502  RESPONSIBILITIES.
  3 18    The administrator shall coordinate the division's conduct
  3 19 of various inspections as otherwise provided for by law
  3 20 including but not limited to the following:
  3 21    1.  Inspections and licensing procedures related to social
  3 22 and charitable gambling pursuant to chapter 99B of hotels,
  3 23 home food establishments, and egg handlers.
  3 24    2.  Inspections of food establishments, including
  3 25 restaurants, hotels, food and beverage vending machines, state
  3 26 educational, charitable, correctional, and penal institutions,
  3 27 and sanitation inspections food processing plants, grocery
  3 28 stores, convenience stores, temporary food establishments, and
  3 29 mobile food units.
  3 30    3.  Inspections for sanitation in any locality of the state
  3 31 upon the written petition of five or more residents of a
  3 32 particular the locality.
  3 33    Sec. 10.  Section 10A.701, subsection 1, Code 2001, is
  3 34 amended to read as follows:
  3 35    1.  "Administrator" means the chief administrator who shall
  4  1 coordinate person coordinating the administration of this
  4  2 division.
  4  3    Sec. 11.  Section 10A.702, Code 2001, is amended to read as
  4  4 follows:
  4  5    10A.702  RESPONSIBILITIES.
  4  6    The administrator shall coordinate the division's conduct
  4  7 of various inspections and investigations as otherwise
  4  8 provided by law including, but not limited to, all of the
  4  9 following:
  4 10    1.  Investigations relative to the standards and practices
  4 11 of hospitals, hospices, birth centers, and health care
  4 12 facilities, community mental health centers, other providers
  4 13 of mental health services, supported community living
  4 14 programs, and providers of individual case management services
  4 15 for persons with mental retardation, a developmental
  4 16 disability, or chronic mental illness under the medical
  4 17 assistance program.
  4 18    2.  Inspections and other licensing procedures relative to
  4 19 the hospice program programs, hospitals, birth centers, and
  4 20 health care facilities, community mental health centers, other
  4 21 providers of mental health services, supported community
  4 22 living programs, and providers of individual case management
  4 23 services for persons with mental retardation, a developmental
  4 24 disability, or chronic mental illness under the medical
  4 25 assistance program.  The division is designated as the sole
  4 26 licensing authority for these programs and facilities.
  4 27    3.  Inspections relative to hospital and health care
  4 28 facility construction projects.
  4 29    4.  Inspections of child foster care facilities and private
  4 30 institutions for the care of dependent, neglected, and
  4 31 delinquent children.
  4 32    Sec. 12.  Section 10A.801, subsection 1, paragraph a, Code
  4 33 2001, is amended to read as follows:
  4 34    a.  "Administrator" means the chief administrative law
  4 35 judge who shall coordinate person coordinating the
  5  1 administration of the division.
  5  2    Sec. 13.  Section 10A.801, subsection 2, Code 2001, is
  5  3 amended to read as follows:
  5  4    2.  The administrator shall coordinate the division's
  5  5 conduct of appeals and administrative hearings as otherwise
  5  6 provided by law.
  5  7    Sec. 14.  Section 10A.801, subsection 7, paragraph c, Code
  5  8 2001, is amended to read as follows:
  5  9    c.  To establish standards and procedures for the
  5 10 evaluation, training, promotion, and discipline for the
  5 11 administrative law judges employed by the division.  Those The
  5 12 procedures shall include provisions for each agency for whom a
  5 13 particular administrative law judge presides to submit to the
  5 14 division on a periodic basis the agency's views with respect
  5 15 to the performance of that administrative law judge or the
  5 16 need for specified additional training for that administrative
  5 17 law judge.  However, the evaluation, training, promotion, and
  5 18 discipline of all administrative law judges employed by the
  5 19 division shall remain solely within the authority of the
  5 20 division.
  5 21    Sec. 15.  NEW SECTION.  10A.901  CHILD CARE DIVISION.
  5 22    1.  DEFINITIONS.  For purposes of this section, unless the
  5 23 context otherwise requires:
  5 24    a.  "Administrator" means the person coordinating the
  5 25 administration of the division.
  5 26    b.  "Division" means the child care division of the
  5 27 department of inspections and appeals.
  5 28    2.  The administrator shall coordinate the division's
  5 29 conduct of regulatory activity concerning children as provided
  5 30 by law, including but not limited to all of the following:
  5 31    a.  Inspections, investigations, and other child care
  5 32 licensing and registration activities under chapter 237A.
  5 33    b.  Inspections, investigations, and other licensing,
  5 34 certification, registration, and accreditation activities for
  5 35 the care of dependent, neglected, or delinquent children under
  6  1 section 232.142 and chapters 135H, 237, and 238.
  6  2    c.  Record checks and evaluation of the record checks
  6  3 relating to facility and program applicants, licensees, or
  6  4 employees of the facilities and programs subject to regulation
  6  5 by the division.
  6  6    Sec. 16.  CODE EDITOR.  The Code editor shall codify
  6  7 section 10A.901, as enacted by this division of this Act, as a
  6  8 new article of chapter 10A entitled "child care division".
  6  9    Sec. 17.  Sections 10A.301 and 10A.302, Code 2001, are
  6 10 repealed.  
  6 11                           DIVISION II
  6 12        DEPARTMENT OF INSPECTIONS AND APPEALS EVALUATION
  6 13                   OF CRIME AND ABUSE RECORDS
  6 14    Sec. 18.  Section 125.14A, subsections 1, 2, 3, 4, and 5,
  6 15 Code 2001, are amended to read as follows:
  6 16    1.  If a person is being considered for licensure under
  6 17 this chapter, or for employment involving direct
  6 18 responsibility for a child or with access to a child when the
  6 19 child is alone, by a program admitting juveniles subject to
  6 20 licensure under this chapter, or if a person will reside in a
  6 21 facility utilized by such a program, and if the person has
  6 22 been convicted of a crime or has a record of founded child
  6 23 abuse, the department of human services inspections and
  6 24 appeals and the program, for an employee of the program, shall
  6 25 perform an evaluation to determine whether the crime or
  6 26 founded child abuse warrants prohibition of licensure,
  6 27 employment, or residence in the facility.  The department of
  6 28 human services inspections and appeals shall conduct criminal
  6 29 and child abuse record checks in this state and may conduct
  6 30 these checks in other states.  The evaluation shall be
  6 31 performed in accordance with procedures adopted for this
  6 32 purpose by the department of human services inspections and
  6 33 appeals.
  6 34    2.  If the department of human services determines it is
  6 35 determined that a person has committed a crime or has a record
  7  1 of founded child abuse and is licensed, employed by a program
  7  2 licensed under this chapter, or resides in a licensed facility
  7  3 the department of inspections and appeals shall notify the
  7  4 program that an evaluation will be conducted to determine
  7  5 whether prohibition of the person's licensure, employment, or
  7  6 residence is warranted.
  7  7    3.  In an evaluation, the department of human services
  7  8 inspections and appeals and the program for an employee of the
  7  9 program shall consider the nature and seriousness of the crime
  7 10 or founded child abuse in relation to the position sought or
  7 11 held, the time elapsed since the commission of the crime or
  7 12 founded child abuse, the circumstances under which the crime
  7 13 or founded child abuse was committed, the degree of
  7 14 rehabilitation, the likelihood that the person will commit the
  7 15 crime or founded child abuse again, and the number of crimes
  7 16 or acts of founded child abuses abuse committed by the person
  7 17 involved.  The department of human services inspections and
  7 18 appeals may permit a person who is evaluated to be licensed,
  7 19 employed, or to reside, or to continue to be licensed,
  7 20 employed, or to reside in a program, if the person complies
  7 21 with the department's conditions relating to the person's
  7 22 licensure, employment, or residence, which may include
  7 23 completion of additional training.  For an employee of a
  7 24 licensee, these conditional requirements shall be developed
  7 25 with the licensee.  The department of human services
  7 26 inspections and appeals has final authority in determining
  7 27 whether prohibition of the person's licensure, employment, or
  7 28 residence is warranted and in developing any conditional
  7 29 requirements under this subsection.
  7 30    4.  If the department of human services inspections and
  7 31 appeals determines that the person has committed a crime or
  7 32 has a record of founded child abuse which warrants prohibition
  7 33 of licensure, employment, or residence, the person shall not
  7 34 be licensed under this chapter to operate a program admitting
  7 35 juveniles and shall not be employed by a program or reside in
  8  1 a facility admitting juveniles licensed under this chapter.
  8  2    5.  In addition to the record checks required under this
  8  3 section, the department of human services inspections and
  8  4 appeals may conduct dependent adult abuse record checks in
  8  5 this state and may conduct these checks in other states, on a
  8  6 random basis.  The provisions of this section, relative to an
  8  7 evaluation following a determination that a person has been
  8  8 convicted of a crime or has a record of founded child abuse,
  8  9 shall also apply to a random check conducted under this
  8 10 subsection.
  8 11    Sec. 19.  Section 135C.33, subsections 1, 2, 3, 4, and 5,
  8 12 Code Supplement 2001, are amended to read as follows:
  8 13    1.  Beginning July 1, 1997, prior Prior to employment of a
  8 14 person in a facility, the facility shall request that the
  8 15 department of public safety perform a criminal history check
  8 16 and the department of human services inspections and appeals
  8 17 perform a dependent adult abuse record check of the person in
  8 18 this state.  In addition, the facility may request that the
  8 19 department of human services inspections and appeals perform a
  8 20 child abuse record check in this state.  Beginning July 1,
  8 21 1997, a A facility shall inform all persons prior to
  8 22 employment regarding the performance of the records checks and
  8 23 shall obtain, from the persons, a signed acknowledgment of the
  8 24 receipt of the information.  Additionally, a facility shall
  8 25 include the following inquiry in an application for
  8 26 employment:  "Do you have a record of founded child or
  8 27 dependent adult abuse or have you ever been convicted of a
  8 28 crime, in this state or any other state?"  If the person has
  8 29 been convicted of a crime under a law of any state or has a
  8 30 record of founded child or dependent adult abuse, the
  8 31 department of human services inspections and appeals shall,
  8 32 upon the facility's request, perform an evaluation to
  8 33 determine whether the crime or founded child or dependent
  8 34 adult abuse warrants prohibition of employment in the
  8 35 facility.  The evaluation shall be performed in accordance
  9  1 with procedures adopted for this purpose by the department of
  9  2 human services inspections and appeals.  If a person owns or
  9  3 operates more than one facility, and an employee of one of
  9  4 such facilities is transferred to another such facility
  9  5 without a lapse in employment, the facility is not required to
  9  6 request additional criminal and dependent adult abuse record
  9  7 checks of that employee.
  9  8    2.  If the department of public safety determines that a
  9  9 person has committed a crime and is to be employed in a
  9 10 facility licensed under this chapter, the department of public
  9 11 safety shall notify the licensee that an evaluation, if
  9 12 requested by the facility, will be conducted by the department
  9 13 of human services inspections and appeals to determine whether
  9 14 prohibition of the person's employment is warranted.  If a
  9 15 department of human services inspections and appeals child or
  9 16 dependent adult abuse records check determines the person has
  9 17 a record of founded child or dependent adult abuse, the
  9 18 department of human services inspections and appeals shall
  9 19 inform the licensee that an evaluation, if requested by the
  9 20 facility, will be conducted to determine whether prohibition
  9 21 of the person's employment is warranted.
  9 22    3.  In an evaluation, the department of human services
  9 23 inspections and appeals shall consider the nature and
  9 24 seriousness of the crime or founded child or dependent adult
  9 25 abuse in relation to the position sought or held, the time
  9 26 elapsed since the commission of the crime or founded child or
  9 27 dependent adult abuse, the circumstances under which the crime
  9 28 or founded child or dependent adult abuse was committed, the
  9 29 degree of rehabilitation, the likelihood that the person will
  9 30 commit the crime or founded child or dependent adult abuse
  9 31 again, and the number of crimes or acts of founded child or
  9 32 dependent adult abuses abuse committed by the person involved.
  9 33 The department of human services inspections and appeals has
  9 34 final authority in determining whether prohibition of the
  9 35 person's employment is warranted.
 10  1    4.  A person shall not be employed in a facility licensed
 10  2 under this chapter unless an evaluation has been performed by
 10  3 the department of human services inspections and appeals.  If
 10  4 the department of human services inspections and appeals
 10  5 determines from the evaluation that the person has committed a
 10  6 crime or has a record of founded child or dependent adult
 10  7 abuse which warrants prohibition of employment, the person
 10  8 shall not be employed in a facility licensed under this
 10  9 chapter.
 10 10    5.  Beginning July 1, 1998, this This section shall apply
 10 11 to prospective employees of all of the following, if the
 10 12 provider is regulated by the state or receives any state or
 10 13 federal funding:
 10 14    a.  An employee of a homemaker, home-health aide, home-care
 10 15 aide, adult day services, or other provider of in-home
 10 16 services if the employee provides direct services to
 10 17 consumers.
 10 18    b.  An employee of a hospice, if the employee provides
 10 19 direct services to consumers.
 10 20    c.  An employee who provides direct services to consumers
 10 21 under a federal home and community-based services waiver.
 10 22    d.  An employee of an elder group home certified under
 10 23 chapter 231B, if the employee provides direct services to
 10 24 consumers.
 10 25    e.  An employee of an assisted living facility certified or
 10 26 voluntarily accredited under chapter 231C, if the employee
 10 27 provides direct services to consumers.
 10 28    In substantial conformance with the provisions of this
 10 29 section, prior to the employment of such an employee, the
 10 30 provider shall request the performance of the criminal and
 10 31 dependent adult abuse record checks and may request the
 10 32 performance of the child abuse record checks.  The provider
 10 33 shall inform the prospective employee and obtain the
 10 34 prospective employee's signed acknowledgment.  The department
 10 35 of human services inspections and appeals shall perform the
 11  1 evaluation of any criminal record or founded child or
 11  2 dependent adult abuse record and shall make the determination
 11  3 of whether a prospective employee of a provider shall not be
 11  4 employed by the provider.
 11  5    Sec. 20.  Section 135C.33, subsection 6, paragraph b, Code
 11  6 Supplement 2001, is amended by adding the following new
 11  7 subparagraph:
 11  8    NEW SUBPARAGRAPH.  (3)  For conducting record checks and
 11  9 evaluations of persons who are applicants for licensure,
 11 10 registration, certification, or accreditation by the
 11 11 department, of individuals who are employed by or are applying
 11 12 for employment with such persons, and of other individuals who
 11 13 are subject to regulation by the department.
 11 14    Sec. 21.  Section 135H.7, subsections 2, 3, and 4, Code
 11 15 2001, are amended to read as follows:
 11 16    2.  a.  If a person is being considered for licensure under
 11 17 this chapter, or for employment involving direct
 11 18 responsibility for a child or with access to a child when the
 11 19 child is alone, by a licensed psychiatric institution, or if a
 11 20 person will reside in a facility utilized by a licensee, and
 11 21 if the person has been convicted of a crime or has a record of
 11 22 founded child abuse, the department of human services and the
 11 23 licensee, for an employee of the licensee, shall perform an
 11 24 evaluation to determine whether the crime or founded child
 11 25 abuse warrants prohibition of licensure, employment, or
 11 26 residence in the facility.  The department of human services
 11 27 shall conduct criminal and child abuse record checks in this
 11 28 state and may conduct these checks in other states.  The
 11 29 evaluation shall be performed in accordance with procedures
 11 30 adopted for this purpose by the department of human services.
 11 31    b.  If the department of human services determines that a
 11 32 person has committed a crime or has a record of founded child
 11 33 abuse and is licensed, employed by a psychiatric institution
 11 34 licensed under this chapter, or resides in a licensed facility
 11 35 the department shall notify the program that an evaluation
 12  1 will be conducted to determine whether prohibition of the
 12  2 person's licensure, employment, or residence is warranted.
 12  3    c.  In an evaluation, the department of human services and
 12  4 the licensee for an employee of the licensee shall consider
 12  5 the nature and seriousness of the crime or founded child abuse
 12  6 in relation to the position sought or held, the time elapsed
 12  7 since the commission of the crime or founded child abuse, the
 12  8 circumstances under which the crime or founded child abuse was
 12  9 committed, the degree of rehabilitation, the likelihood that
 12 10 the person will commit the crime or founded child abuse again,
 12 11 and the number of crimes or acts of founded child abuses abuse
 12 12 committed by the person involved.  The department may permit a
 12 13 person who is evaluated to be licensed, employed, or to
 12 14 reside, or to continue to be licensed, employed, or to reside
 12 15 in a licensed facility, if the person complies with the
 12 16 department's conditions relating to the person's licensure,
 12 17 employment, or residence, which may include completion of
 12 18 additional training.  For an employee of a licensee, these
 12 19 conditional requirements shall be developed with the licensee.
 12 20 The department of human services has final authority in
 12 21 determining whether prohibition of the person's licensure,
 12 22 employment, or residence is warranted and in developing any
 12 23 conditional requirements under this paragraph.
 12 24    3.  If the department of human services determines it is
 12 25 determined that the person has committed a crime or has a
 12 26 record of founded child abuse which warrants prohibition of
 12 27 licensure, employment, or residence, the person shall not be
 12 28 licensed under this chapter to operate a psychiatric
 12 29 institution and shall not be employed by a psychiatric
 12 30 institution or reside in a facility licensed under this
 12 31 chapter.
 12 32    4.  In addition to the record checks required under
 12 33 subsection 2, the department of human services may conduct
 12 34 dependent adult abuse record checks in this state and may
 12 35 conduct these checks in other states, on a random basis.  The
 13  1 provisions of subsections 2 and 3, relative to an evaluation
 13  2 following a determination that a person has been convicted of
 13  3 a crime or has a record of founded child abuse, shall also
 13  4 apply to a random dependent adult abuse record check conducted
 13  5 under this subsection.
 13  6    Sec. 22.  Section 235A.15, subsection 2, paragraph e, Code
 13  7 Supplement 2001, is amended by adding the following new
 13  8 subparagraph:
 13  9    NEW SUBPARAGRAPH.  (18)  To the department of inspections
 13 10 and appeals for purposes of conducting record checks and
 13 11 evaluations of persons who are applicants for licensure,
 13 12 registration, certification, or accreditation by the
 13 13 department, of individuals who are employed by or are applying
 13 14 for employment with such persons, and of other individuals who
 13 15 are subject to regulation by the department.
 13 16    Sec. 23.  Section 235B.6, subsection 2, paragraph e, Code
 13 17 Supplement 2001, is amended by adding the following new
 13 18 subparagraph:
 13 19    NEW SUBPARAGRAPH.  (10)  The department of inspections and
 13 20 appeals for purposes of conducting record checks and
 13 21 evaluations of persons who are applicants for licensure,
 13 22 registration, certification, or accreditation by the
 13 23 department, of individuals who are employed by or are applying
 13 24 for employment with such persons, and of other individuals who
 13 25 are subject to regulation by the department.
 13 26    Sec. 24.  Section 237.8, subsection 2, Code 2001, is
 13 27 amended to read as follows:
 13 28    2.  a.  (1)  If a person is being considered for licensure
 13 29 under this chapter, or for employment involving direct
 13 30 responsibility for a child or with access to a child when the
 13 31 child is alone, by a licensee under this chapter, or if a
 13 32 person will reside in a facility utilized by a licensee, and
 13 33 if the person has been convicted of a crime or has a record of
 13 34 founded child abuse, the department licensing authority and
 13 35 the licensee for an employee of the licensee shall perform an
 14  1 evaluation to determine whether the crime or founded child
 14  2 abuse warrants prohibition of licensure, employment, or
 14  3 residence in the facility.  The department licensing authority
 14  4 shall conduct criminal and child abuse record checks in this
 14  5 state and may conduct these checks in other states.  The
 14  6 evaluation shall be performed in accordance with procedures
 14  7 adopted for this purpose by the department licensing
 14  8 authority.
 14  9    (2)  An individual applying to be a foster parent licensee
 14 10 shall not be granted a license and an evaluation shall not be
 14 11 performed under this subsection if the individual has been
 14 12 convicted of any of the following felony offenses:
 14 13    (a)  Within the five-year period preceding the application
 14 14 date, a drug-related offense.
 14 15    (b)  Child endangerment or neglect or abandonment of a
 14 16 dependent person.
 14 17    (c)  Domestic abuse.
 14 18    (d)  A crime against a child, including but not limited to
 14 19 sexual exploitation of a minor.
 14 20    (e)  A forcible felony.
 14 21    b.  Except as otherwise provided in paragraph "a", if the
 14 22 department determines it is determined that a person has
 14 23 committed a crime or has a record of founded child abuse and
 14 24 is licensed, employed by a licensee, or resides in a licensed
 14 25 facility the department licensing authority shall notify the
 14 26 licensee that an evaluation will be conducted to determine
 14 27 whether prohibition of the person's licensure, employment, or
 14 28 residence is warranted.
 14 29    c.  In an evaluation, the department licensing authority
 14 30 and the licensee for an employee of the licensee shall
 14 31 consider the nature and seriousness of the crime or founded
 14 32 child abuse in relation to the position sought or held, the
 14 33 time elapsed since the commission of the crime or founded
 14 34 child abuse, the circumstances under which the crime or
 14 35 founded child abuse was committed, the degree of
 15  1 rehabilitation, the likelihood that the person will commit the
 15  2 crime or founded child abuse again, and the number of crimes
 15  3 or acts of founded child abuses abuse committed by the person
 15  4 involved.  The department licensing authority may permit a
 15  5 person who is evaluated to be licensed, employed, or to
 15  6 reside, or to continue to be licensed, employed, or to reside
 15  7 in a licensed facility, if the person complies with the
 15  8 department's licensing authority's conditions relating to the
 15  9 person's licensure, employment, or residence, which may
 15 10 include completion of additional training.  For an employee of
 15 11 a licensee, these conditional requirements shall be developed
 15 12 with the licensee.  The department licensing authority has
 15 13 final authority in determining whether prohibition of the
 15 14 person's licensure, employment, or residence is warranted and
 15 15 in developing any conditional requirements under this
 15 16 paragraph.
 15 17    d.  If the department licensing authority determines that
 15 18 the person has committed a crime or has a record of founded
 15 19 child abuse which warrants prohibition of licensure,
 15 20 employment, or residence, the person shall not be licensed
 15 21 under this chapter and shall not be employed by a licensee or
 15 22 reside in a licensed facility.
 15 23    Sec. 25.  Section 237A.5, subsection 2, Code 2001, is
 15 24 amended to read as follows:
 15 25    2.  a.  If a person is being considered for licensure or
 15 26 registration under this chapter, or for employment involving
 15 27 direct responsibility for a child or with access to a child
 15 28 when the child is alone, by a child care facility subject to
 15 29 licensure or registration under this chapter, or if a person
 15 30 will reside in a facility, and if the person has been
 15 31 convicted of a crime or has a record of founded child abuse,
 15 32 the department of inspections and appeals shall perform an
 15 33 evaluation to determine whether the crime or founded child
 15 34 abuse warrants prohibition of licensure, registration,
 15 35 employment, or residence in the facility.  The department of
 16  1 inspections and appeals shall conduct criminal and child abuse
 16  2 record checks in this state and may conduct these checks in
 16  3 other states.  The evaluation shall be performed in accordance
 16  4 with procedures adopted for this purpose by the department of
 16  5 inspections and appeals.
 16  6    b.  If the department determines it is determined that a
 16  7 person has committed a crime or has a record of founded child
 16  8 abuse and is licensed, employed by a licensee or registrant or
 16  9 registered under this chapter, or resides in a licensed or
 16 10 registered facility the department of inspections and appeals
 16 11 shall notify the licensee or registrant that an evaluation
 16 12 will be conducted to determine whether prohibition of the
 16 13 person's licensure, registration, employment, or residence is
 16 14 warranted.
 16 15    c.  In an evaluation, the department of inspections and
 16 16 appeals shall consider the nature and seriousness of the crime
 16 17 or founded child abuse in relation to the position sought or
 16 18 held, the time elapsed since the commission of the crime or
 16 19 founded child abuse, the circumstances under which the crime
 16 20 or founded child abuse was committed, the degree of
 16 21 rehabilitation, the likelihood that the person will commit the
 16 22 crime or founded child abuse again, and the number of crimes
 16 23 or acts of founded child abuses abuse committed by the person
 16 24 involved.  The department of inspections and appeals may
 16 25 permit a person who is evaluated to be licensed, registered,
 16 26 employed, or to reside, or to continue to be licensed,
 16 27 registered, employed, or to reside in a licensed facility, if
 16 28 the person complies with the department's department of
 16 29 inspections and appeals' conditions relating to the person's
 16 30 licensure, registration, employment, or residence, which may
 16 31 include completion of additional training.  The department of
 16 32 inspections and appeals has final authority in determining
 16 33 whether prohibition of the person's licensure, registration,
 16 34 employment, or residence is warranted and in developing any
 16 35 conditional requirements under this paragraph.
 17  1    d.  If the department of inspections and appeals determines
 17  2 that the person has committed a crime or has a record of
 17  3 founded child abuse which warrants prohibition of licensure,
 17  4 registration, employment, or residence, the person shall not
 17  5 be licensed or registered under this chapter to operate a
 17  6 child care facility and shall not be employed by a licensee or
 17  7 registrant or reside in a facility licensed or registered
 17  8 under this chapter.
 17  9    e.  If it has been determined that a child receiving child
 17 10 care from a child care facility is the victim of founded child
 17 11 abuse committed by an employee, license or registration
 17 12 holder, or resident of the child care facility for which a
 17 13 report is placed in the central registry pursuant to section
 17 14 232.71D, the administrator department of inspections and
 17 15 appeals shall provide notification at the time of the
 17 16 determination to the parents, guardians, and custodians of
 17 17 children receiving care from the facility.  A notification
 17 18 made under this paragraph shall identify the type of abuse but
 17 19 shall not identify the victim or perpetrator or circumstances
 17 20 of the founded abuse.
 17 21    Sec. 26.  Section 237A.5, subsection 3, Code 2001, is
 17 22 amended to read as follows:
 17 23    3.  In addition to the record checks required under
 17 24 subsection 2, the department of human services inspections and
 17 25 appeals may conduct dependent adult abuse record checks in
 17 26 this state and may conduct these checks in other states, on a
 17 27 random basis.  The provisions of subsection 2, relative to an
 17 28 evaluation following a determination that a person has been
 17 29 convicted of a crime or has a record of founded child abuse,
 17 30 shall also apply to a random dependent adult abuse record
 17 31 check conducted under this subsection.
 17 32    Sec. 27.  Section 249A.29, subsections 2, 3, 4, and 5, Code
 17 33 2001, are amended to read as follows:
 17 34    2.  If a person is being considered by a provider for
 17 35 employment involving direct responsibility for a consumer or
 18  1 with access to a consumer when the consumer is alone, and if
 18  2 the person has been convicted of a crime or has a record of
 18  3 founded child or dependent adult abuse, the department of
 18  4 inspections and appeals shall perform an evaluation to
 18  5 determine whether the crime or founded abuse warrants
 18  6 prohibition of employment by the provider.  The department of
 18  7 inspections and appeals shall conduct criminal and child and
 18  8 dependent adult abuse records record checks of the person in
 18  9 this state and may conduct these checks in other states.  The
 18 10 records record checks and evaluations required by this section
 18 11 shall be performed in accordance with procedures adopted for
 18 12 this purpose by the department of inspections and appeals.
 18 13    3.  If the department determines it is determined that a
 18 14 person employed by a provider has committed a crime or has a
 18 15 record of founded abuse, the department of inspections and
 18 16 appeals shall perform an evaluation to determine whether
 18 17 prohibition of the person's employment is warranted.
 18 18    4.  In an evaluation, the department of inspections and
 18 19 appeals shall consider the nature and seriousness of the crime
 18 20 or founded abuse in relation to the position sought or held,
 18 21 the time elapsed since the commission of the crime or founded
 18 22 abuse, the circumstances under which the crime or founded
 18 23 abuse was committed, the degree of rehabilitation, the
 18 24 likelihood that the person will commit the crime or founded
 18 25 abuse again, and the number of crimes or acts of founded
 18 26 abuses abuse committed by the person involved.  The department
 18 27 of inspections and appeals may permit a person who is
 18 28 evaluated to be employed or to continue to be employed by the
 18 29 provider if the person complies with the department's
 18 30 department of inspections and appeals' conditions relating to
 18 31 the employment, which may include completion of additional
 18 32 training.
 18 33    5.  If the department of inspections and appeals determines
 18 34 that the person has committed a crime or has a record of
 18 35 founded abuse which warrants prohibition of employment, the
 19  1 person shall not be employed by a provider.  
 19  2                          DIVISION III
 19  3     DEPARTMENT OF INSPECTIONS AND APPEALS – MENTAL HEALTH
 19  4              AND DEVELOPMENTAL DISABILITY SERVICES
 19  5    Sec. 28.  Section 225C.4, subsection 1, paragraph o, Code
 19  6 2001, is amended to read as follows:
 19  7    o.  Recommend to the commission minimum accreditation
 19  8 standards for the maintenance and operation of community
 19  9 mental health centers, services, and programs under section
 19 10 230A.16.  The administrator's review and evaluation of the
 19 11 centers, services, and programs for compliance with the
 19 12 adopted standards shall be as provided in section 230A.17.
 19 13    Sec. 29.  Section 225C.4, subsection 1, paragraph p, Code
 19 14 2001, is amended to read as follows:
 19 15    p.  Recommend to the commission minimum standards for
 19 16 supported community living services.  The administrator
 19 17 department of inspections and appeals shall review and
 19 18 evaluate the services for compliance with the adopted
 19 19 standards.
 19 20    Sec. 30.  Section 225C.6, subsection 1, paragraph c, Code
 19 21 Supplement 2001, is amended to read as follows:
 19 22    c.  Adopt standards for community mental health centers,
 19 23 services, and programs as recommended under section 230A.16.
 19 24 The commission department of inspections and appeals shall
 19 25 conduct accreditation reviews of the centers, services, and
 19 26 programs and shall determine whether to grant, deny, or revoke
 19 27 the accreditation of the centers, services, and programs.
 19 28    Sec. 31.  Section 225C.6, subsection 1, paragraph f, Code
 19 29 Supplement 2001, is amended to read as follows:
 19 30    f.  Assure that proper appeal procedures are available to
 19 31 persons aggrieved by decisions, actions, or circumstances
 19 32 relating to accreditation by the department of inspections and
 19 33 appeals.
 19 34    Sec. 32.  Section 225C.6, subsection 1, paragraph l, Code
 19 35 Supplement 2001, is amended to read as follows:
 20  1    l.  Establish standards for the provision under medical
 20  2 assistance of individual case management services.  The
 20  3 commission department of inspections and appeals shall
 20  4 determine whether to grant, deny, or revoke the accreditation
 20  5 of the services.
 20  6    Sec. 33.  Section 225C.21, subsection 2, Code 2001, is
 20  7 amended to read as follows:
 20  8    2.  The commission shall adopt rules pursuant to chapter
 20  9 17A establishing minimum standards for supported community
 20 10 living services.  The commission department of inspections and
 20 11 appeals shall determine whether to grant, deny, or revoke
 20 12 approval for any supported community living service.
 20 13    Sec. 34.  Section 230A.17, Code 2001, is amended to read as
 20 14 follows:
 20 15    230A.17  REVIEW AND EVALUATION.
 20 16    The administrator of the division of mental health and
 20 17 developmental disabilities of the department of human services
 20 18 inspections and appeals may review and evaluate any community
 20 19 mental health center upon the recommendation of the mental
 20 20 health and developmental disabilities commission, and shall do
 20 21 so upon the written request of the center's board of
 20 22 directors, its chief medical or administrative officer, or the
 20 23 board of supervisors of any county from which the center
 20 24 receives public funds.  The cost of the review shall be paid
 20 25 by the division department of inspections and appeals.  The
 20 26 department of inspections and appeals shall report the results
 20 27 of a review and evaluation to the mental health and
 20 28 developmental disabilities commission.
 20 29    Sec. 35.  Section 422.45, subsection 22, paragraph d, Code
 20 30 Supplement 2001, is amended to read as follows:
 20 31    d.  Community mental health centers accredited by the
 20 32 department of human services inspections and appeals pursuant
 20 33 to chapter 225C section 225C.6.  
 20 34                           DIVISION IV
 20 35   DEPARTMENT OF INSPECTIONS AND APPEALS – JUVENILE DETENTION
 21  1                     AND SHELTER CARE HOMES
 21  2    Sec. 36.  Section 232.142, subsections 4 and 5, Code
 21  3 Supplement 2001, are amended to read as follows:
 21  4    4.  The director department of human services shall adopt
 21  5 minimal rules and standards for the establishment,
 21  6 maintenance, and operation of such juvenile detention and
 21  7 shelter care homes as shall be necessary to effect the
 21  8 purposes of this chapter.  The rules shall apply the
 21  9 requirements of section 237.8, concerning employment and
 21 10 evaluation of persons with direct responsibility for a child
 21 11 or with access to a child when the child is alone and persons
 21 12 residing in a licensed child foster care facility, to persons
 21 13 employed by or residing in a home approved under this section.
 21 14 The director department of human services shall, upon request,
 21 15 give guidance and consultation in the establishment and
 21 16 administration of the homes and programs for the homes.
 21 17    5.  The director department of inspections and appeals
 21 18 shall approve annually all such homes established and
 21 19 maintained under the provisions of this chapter section.  A
 21 20 home shall not be approved unless it complies with minimal
 21 21 rules and standards adopted by the director department of
 21 22 human services and has been inspected by the department of
 21 23 inspections and appeals.
 21 24    Sec. 37.  Section 331.382, subsection 6, Code 2001, is
 21 25 amended to read as follows:
 21 26    6.  The power to operate juvenile detention and shelter
 21 27 care homes is subject to approval of the homes by the director
 21 28 of the department of human services or the director's designee
 21 29 inspections and appeals, as provided in section 232.142.  
 21 30                           DIVISION V
 21 31   DEPARTMENT OF INSPECTIONS AND APPEALS – GROUP FOSTER CARE
 21 32    Sec. 38.  Section 235.3, subsection 3, Code 2001, is
 21 33 amended to read as follows:
 21 34    3.  Adopt rules as necessary or advisable for the
 21 35 supervision of the private child-caring agencies or their
 22  1 officers which the administrator is empowered to license and
 22  2 supervise department of inspections and appeals registers or
 22  3 licenses under chapters 237, 237A, and 238.
 22  4    Sec. 39.  Section 235.3, subsections 5 and 8, Code 2001,
 22  5 are amended by striking the subsections.
 22  6    Sec. 40.  Section 235.4, Code 2001, is amended to read as
 22  7 follows:
 22  8    235.4  LICENSES.
 22  9    Licenses A license issued to private boarding homes for
 22 10 children and private child-placing agencies by the
 22 11 administrator shall remain in effect for the period for which
 22 12 the license was issued, unless sooner revoked according to
 22 13 law.  Thereafter each of such agencies shall Following
 22 14 expiration or revocation of a license, a private boarding home
 22 15 for children or private child-placing agency may apply to the
 22 16 administrator for a new license, and shall submit to such
 22 17 comply with applicable rules regarding licensing as the
 22 18 administrator prescribes.
 22 19    Sec. 41.  Section 237.1, subsection 1, Code 2001, is
 22 20 amended by striking the subsection.
 22 21    Sec. 42.  Section 237.1, subsection 8, Code 2001, is
 22 22 amended to read as follows:
 22 23    8.  "Licensee" means an individual or an agency licensed by
 22 24 the administrator under this chapter.
 22 25    Sec. 43.  Section 237.1, Code 2001, is amended by adding
 22 26 the following new subsection:
 22 27    NEW SUBSECTION.  9.  "Licensing authority" means one of the
 22 28 following:
 22 29    a.  For an individual subject to licensing under this
 22 30 chapter, the department of human services.
 22 31    b.  For an agency subject to licensing under this chapter,
 22 32 the department of inspections and appeals.
 22 33    Sec. 44.  Section 237.3, subsection 1, Code Supplement
 22 34 2001, is amended to read as follows:
 22 35    1.  Except as otherwise provided by subsections 3 and 4,
 23  1 the administrator shall promulgate, after their adoption by
 23  2 the council on human services, and enforce in accordance with
 23  3 chapter 17A, department shall adopt administrative rules
 23  4 necessary to implement this chapter.  Formulation of the rules
 23  5 shall include consultation with representatives of child
 23  6 foster care providers, and other persons affected by this
 23  7 chapter.  The rules shall encourage the provision of child
 23  8 foster care in a single-family, home environment, exempting
 23  9 the single-family, home facility from inappropriate rules.
 23 10 The appropriate licensing authority shall enforce the rules.
 23 11    Sec. 45.  Section 237.3, subsection 2, paragraph i, Code
 23 12 Supplement 2001, is amended to read as follows:
 23 13    i.  Records a licensee is required to keep, and reports a
 23 14 licensee is required to make to the administrator licensing
 23 15 authority.
 23 16    Sec. 46.  Section 237.3, subsections 3 and 4, Code
 23 17 Supplement 2001, are amended to read as follows:
 23 18    3.  Rules governing fire safety in facilities with child
 23 19 foster care provided by agencies shall be promulgated by the
 23 20 state fire marshal pursuant to section 100.1, subsection 5
 23 21 after consultation with the administrator department.
 23 22    4.  Rules governing sanitation, water, and waste disposal
 23 23 standards for facilities shall be promulgated adopted by the
 23 24 Iowa department of public health pursuant to section 135.11,
 23 25 subsection 13, after consultation with the administrator
 23 26 department.
 23 27    Sec. 47.  Section 237.4, unnumbered paragraph 1, Code 2001,
 23 28 is amended to read as follows:
 23 29    For agencies subject to licensing under this chapter, the
 23 30 department of inspections and appeals shall issue license
 23 31 applications, conduct license inspections and unannounced
 23 32 visits, respond to license complaints, maintain licensing
 23 33 records, and issue licensing reports, decisions, and licenses.
 23 34 For individuals subject to licensing under this chapter, the
 23 35 department of human services shall perform those licensing
 24  1 functions.  An individual or an agency, as defined in section
 24  2 237.1, shall not provide child foster care unless the
 24  3 individual or agency obtains a license issued by the
 24  4 administrator under this chapter by the appropriate licensing
 24  5 authority.  However, a license is not required of the
 24  6 following:
 24  7    Sec. 48.  Section 237.5, Code 2001, is amended to read as
 24  8 follows:
 24  9    237.5  LICENSE APPLICATION AND ISSUANCE – DENIAL,
 24 10 SUSPENSION, OR REVOCATION – PROVISIONAL LICENSES.
 24 11    1.  An individual or an agency shall apply for a license by
 24 12 completing an application to the administrator appropriate
 24 13 licensing authority upon forms furnished by the administrator
 24 14 licensing authority.  The administrator licensing authority
 24 15 shall issue or reissue a license if the administrator
 24 16 licensing authority determines that the applicant or licensee
 24 17 is or upon commencing operation will provide child foster care
 24 18 in compliance with this chapter.  A license is valid for one
 24 19 year from the date of issuance.  The license shall state on
 24 20 its face the name of the licensee, the type of facility, the
 24 21 particular premises for which the license is issued, and the
 24 22 number of children who may be cared for by the facility on the
 24 23 premises at one time.  The license shall be posted in a
 24 24 conspicuous place in the physical plant of the facility,
 24 25 except that if the facility is in a single-family home the
 24 26 license may be kept where it is readily available for
 24 27 examination upon request.
 24 28    2.  The administrator licensing authority, after notice and
 24 29 opportunity for an evidentiary hearing, may deny an
 24 30 application for a license, and may suspend or revoke a
 24 31 license, if the applicant or licensee violates this chapter or
 24 32 the rules promulgated adopted pursuant to this chapter, or
 24 33 knowingly makes a false statement concerning a material fact
 24 34 or conceals a material fact on the license application or in a
 24 35 report regarding operation of the facility submitted to the
 25  1 administrator licensing authority.
 25  2    3.  The administrator licensing authority may issue a
 25  3 provisional license for not more than one year to a licensee
 25  4 whose facility does not meet the requirements of this chapter,
 25  5 if written plans to bring the facility into compliance with
 25  6 the applicable requirements are submitted to and approved by
 25  7 the administrator licensing authority.  The plans shall state
 25  8 a specific time when compliance will be achieved.  Only one
 25  9 provisional license shall be issued for a facility by reason
 25 10 of the same deficiency.
 25 11    Sec. 49.  Section 237.6, Code 2001, is amended to read as
 25 12 follows:
 25 13    237.6  RESTRICTED USE OF FACILITY.
 25 14    A licensee shall not furnish child foster care in a
 25 15 building or on premises not designated in the license.  A
 25 16 licensee shall not furnish child foster care to a greater
 25 17 number of children than is designated in the license, unless
 25 18 the administrator so authorizes authorized to do so by the
 25 19 licensing authority.  Multiple licenses authorizing separate
 25 20 and distinct parts of a facility to provide different
 25 21 categories of child foster care may be issued.
 25 22    Sec. 50.  Section 237.7, Code 2001, is amended to read as
 25 23 follows:
 25 24    237.7  REPORTS AND INSPECTIONS.
 25 25    The administrator licensing authority may require
 25 26 submission of reports by a licensee, and shall cause at least
 25 27 one annual unannounced inspection of each facility to assess
 25 28 the quality of the living situation and to determine
 25 29 compliance with applicable requirements and standards.  The
 25 30 inspections shall be conducted by the department of
 25 31 inspections and appeals appropriate licensing authority.  The
 25 32 director of the department of inspections and appeals
 25 33 licensing authority may examine records of a licensee,
 25 34 including but not limited to corporate records and board
 25 35 minutes, and may inquire into matters concerning a licensee
 26  1 and its employees relating to requirements and standards for
 26  2 child foster care under this chapter.
 26  3    Sec. 51.  Section 422.45, subsection 22, paragraph b, Code
 26  4 Supplement 2001, is amended to read as follows:
 26  5    b.  Residential child foster care facilities licensed by
 26  6 the department of human services pursuant to chapter 237,
 26  7 other than those maintained by individuals as defined in
 26  8 section 237.1, subsection 7.  
 26  9                           DIVISION VI
 26 10       DEPARTMENT OF INSPECTION AND APPEALS – CHILD CARE
 26 11    Sec. 52.  Section 237A.1, subsection 1, Code Supplement
 26 12 2001, is amended by striking the subsection.
 26 13    Sec. 53.  Section 237A.1, subsection 12, Code Supplement
 26 14 2001, is amended to read as follows:
 26 15    12.  "Licensed center" means a center issued a full or
 26 16 provisional license by the department of inspections and
 26 17 appeals under the provisions of this chapter or a center for
 26 18 which a license is being processed.
 26 19    Sec. 54.  Section 237A.2, Code 2001, is amended to read as
 26 20 follows:
 26 21    237A.2  LICENSING OF CHILD CARE CENTERS.
 26 22    1.  A person shall not establish or operate a child care
 26 23 center without obtaining a license through the department of
 26 24 inspections and appeals under the provisions of this chapter.
 26 25 A center may operate for a specified period of time, to be
 26 26 established by rule of the department, if application for a
 26 27 license has been made.  If the department of inspections and
 26 28 appeals denies an application for an initial license,
 26 29 notwithstanding section 17A.8, the applicant center shall not
 26 30 continue to provide child care pending the outcome of an
 26 31 evidentiary hearing.  The department of inspections and
 26 32 appeals shall issue a license if it determines that all of the
 26 33 following conditions have been met:
 26 34    a.  An application for a license or a renewal has been
 26 35 filed with the administrator department of inspections and
 27  1 appeals on forms provided by the department of inspections and
 27  2 appeals.
 27  3    b.  The center is maintained to comply with state health
 27  4 and fire laws.
 27  5    c.  The center is maintained to comply with rules adopted
 27  6 under section 237A.12.
 27  7    2.  A person denied a license under the provisions of this
 27  8 section shall receive written notice of the denial stating the
 27  9 reasons for denial and shall be provided with an opportunity
 27 10 for an evidentiary hearing.  Licenses granted under this
 27 11 chapter shall be valid for one year from the date of issuance
 27 12 unless revoked or suspended in accordance with the provisions
 27 13 of section 237A.8 or reduced to a provisional license under
 27 14 subsection 3.  A record of the license shall be kept by the
 27 15 department of inspections and appeals.  The license shall be
 27 16 posted in a conspicuous place in the center and shall state
 27 17 the particular premises in which child care may be offered and
 27 18 the number of individuals who may be received for care at any
 27 19 one time.  A greater number of children than is authorized by
 27 20 the license shall not be kept in the center at any one time.
 27 21    3.  The administrator department of inspections and appeals
 27 22 may reduce a previously issued license to a provisional
 27 23 license or issue a provisional license for a period of time
 27 24 not to exceed one year if the center does not meet standards
 27 25 required under this section.  A provisional license shall not
 27 26 be renewable in regard to the same standards for more than two
 27 27 consecutive years.  A provisional license shall be posted in a
 27 28 conspicuous place in the center as provided in this section.
 27 29 If written plans to bring the center up to standards, giving
 27 30 specific dates for completion of work, are submitted to and
 27 31 approved by the department of inspections and appeals, the
 27 32 provisional license shall be renewable as provided in this
 27 33 subsection.
 27 34    4.  A program which is not a child care center by reason of
 27 35 the exceptions to the definition of child care in section
 28  1 237A.1, subsection 3, but which provides care, supervision,
 28  2 and guidance to a child may be issued a license if the program
 28  3 complies with all the provisions of this chapter.
 28  4    5.  If the department of inspections and appeals has denied
 28  5 or revoked a license because the applicant or person has
 28  6 continually or repeatedly failed to operate a licensed center
 28  7 in compliance with this chapter and rules adopted pursuant to
 28  8 this chapter, the person shall not own or operate a child care
 28  9 center for a period of six months from the date the license is
 28 10 denied or revoked.  The department of inspections and appeals
 28 11 shall not act on an application for a license submitted by the
 28 12 applicant or person during the six-month period.
 28 13    Sec. 55.  Section 237A.3, subsection 1, paragraph a, Code
 28 14 Supplement 2001, is amended to read as follows:
 28 15    a.  A person who operates or establishes a family child
 28 16 care home may apply to the department of inspections and
 28 17 appeals for registration under this chapter.  The department
 28 18 of inspections and appeals shall issue a certificate of
 28 19 registration upon receipt of a statement from the family child
 28 20 care home that the home complies with rules adopted by the
 28 21 department of human services.  The registration certificate
 28 22 shall be posted in a conspicuous place in the family child
 28 23 care home, shall state the name of the registrant, the number
 28 24 of individuals who may be received for care at any one time,
 28 25 and the address of the home, and shall include a check list of
 28 26 registration compliances.
 28 27    Sec. 56.  Section 237A.3, subsection 2, paragraph a, Code
 28 28 Supplement 2001, is amended to read as follows:
 28 29    a.  A person shall not operate or establish a group child
 28 30 care home unless the person obtains a certificate of
 28 31 registration under this chapter.  Two persons who comply with
 28 32 the individual requirements for registration as a group child
 28 33 care provider may request that the certificate be issued to
 28 34 the two persons jointly and the department of inspections and
 28 35 appeals shall issue the joint certificate provided the group
 29  1 child care home requirements for registration are met.  All
 29  2 other requirements of this chapter for registered family child
 29  3 care homes and the rules adopted under this chapter for
 29  4 registered family child care homes apply to group child care
 29  5 homes.  In addition, the department of human services shall
 29  6 adopt rules relating to the provision in group child care
 29  7 homes for a separate area for sick children.  In consultation
 29  8 with the state fire marshal, the department of human services
 29  9 shall adopt rules relating to the provision of fire
 29 10 extinguishers, smoke detectors, and two exits accessible to
 29 11 children.
 29 12    Sec. 57.  Section 237A.3, subsections 4 and 5, Code
 29 13 Supplement 2001, are amended to read as follows:
 29 14    4.  A person who operates or establishes a child care home
 29 15 and who is a holds a child foster care licensee license under
 29 16 chapter 237 shall register with the department of inspections
 29 17 and appeals under this chapter.  For purposes of registration
 29 18 and determination of the maximum number of children who can be
 29 19 provided child care by the child care home, the children
 29 20 receiving child foster care shall be considered the children
 29 21 of the person operating the child care home.
 29 22    5.  If the department of inspections and appeals has denied
 29 23 or revoked a registration because the applicant or person has
 29 24 continually or repeatedly failed to operate a registered child
 29 25 care facility in compliance with this chapter and rules
 29 26 adopted pursuant to this chapter, the person shall not own or
 29 27 operate a registered facility for a period of six months from
 29 28 the date the registration is denied or revoked.  The
 29 29 department of inspections and appeals shall not act on an
 29 30 application for registration submitted by the applicant or
 29 31 person during the six-month period.
 29 32    Sec. 58.  Section 237A.3A, subsections 5 and 6, Code
 29 33 Supplement 2001, are amended to read as follows:
 29 34    5.  REGISTRATION CERTIFICATE.  The department of
 29 35 inspections and appeals shall issue a certificate of
 30  1 registration upon receipt of a statement from the child care
 30  2 home or an inspection verifying that the child care home
 30  3 complies with rules adopted by the department of human
 30  4 services.  The certificate of registration shall be posted in
 30  5 a conspicuous place in the child care home and shall state the
 30  6 name of the registrant, the registration level of the child
 30  7 care home, the number of children who may be present for care
 30  8 at any one time, and the address of the child care home.  In
 30  9 addition, the certificate shall include a check list of
 30 10 registration compliances.
 30 11    6.  REVOCATION OR DENIAL OF REGISTRATION.  If the
 30 12 department of inspections and appeals has denied or revoked a
 30 13 certificate of registration because a person has continually
 30 14 or repeatedly failed to operate a registered or licensed child
 30 15 care facility in compliance with this chapter and rules
 30 16 adopted pursuant to this chapter, the person shall not operate
 30 17 or establish a registered child care home for a period of six
 30 18 months from the date the registration or license is denied or
 30 19 revoked.  The department of inspections and appeals shall not
 30 20 act on an application for registration submitted by the person
 30 21 during the six-month period.
 30 22    Sec. 59.  Section 237A.4, Code 2001, is amended to read as
 30 23 follows:
 30 24    237A.4  INSPECTION AND EVALUATION.
 30 25    The department of inspections and appeals shall make
 30 26 periodic inspections of licensed centers to ensure compliance
 30 27 with licensing requirements provided in this chapter, and the
 30 28 local boards of health may make periodic inspections of
 30 29 licensed centers to ensure compliance with health-related
 30 30 licensing requirements provided in this chapter.  The
 30 31 administrator department of inspections and appeals and the
 30 32 department of human services may inspect records maintained by
 30 33 a licensed center and may inquire into matters concerning
 30 34 these centers and the persons in charge.  The administrator
 30 35 department of inspections and appeals shall require that the
 31  1 center be inspected by the state fire marshal or a designee
 31  2 for compliance with rules relating to fire safety before a
 31  3 license is granted or renewed.  The administrator department
 31  4 of inspections and appeals or a designee may periodically
 31  5 visit registered child care homes for the purpose of
 31  6 evaluation of an inquiry into matters concerning compliance
 31  7 with rules adopted under section 237A.12.  Evaluation of child
 31  8 care homes under this section may include consultative
 31  9 services provided pursuant to section 237A.6.
 31 10    Sec. 60.  Section 237A.6, Code 2001, is amended to read as
 31 11 follows:
 31 12    237A.6  CONSULTATIVE SERVICES.
 31 13    The department shall, of human services and the director
 31 14 Iowa department of public health may provide consultative
 31 15 services to a person applying for a license or registration,
 31 16 or licensed or registered by the administrator under this
 31 17 chapter.
 31 18    Sec. 61.  Section 237A.8, Code 2001, is amended to read as
 31 19 follows:
 31 20    237A.8  VIOLATIONS – ACTIONS AGAINST LICENSE OR
 31 21 REGISTRATION.
 31 22    The administrator, after After notice and opportunity for
 31 23 an evidentiary hearing, before the department of inspections
 31 24 and appeals, may suspend or revoke a license or certificate of
 31 25 registration issued under this chapter or may reduce a license
 31 26 to a provisional license if the person to whom a license or
 31 27 certificate is issued violates a provision of this chapter or
 31 28 if the person makes false reports regarding the operation of
 31 29 the child care facility to the administrator or a designee of
 31 30 the administrator department of inspections and appeals.  The
 31 31 administrator department of inspections and appeals shall
 31 32 notify the parent, guardian, or legal custodian of each child
 31 33 for whom the person provides child care at the time of action
 31 34 to suspend or revoke a license or certificate of registration.
 31 35    Sec. 62.  Section 237A.12, subsection 1, unnumbered
 32  1 paragraph 1, Code 2001, is amended to read as follows:
 32  2    Subject to the provisions of chapter 17A, the administrator
 32  3 department shall adopt rules setting minimum standards to
 32  4 provide quality child care in the operation and maintenance of
 32  5 child care centers and registered child care homes, relating
 32  6 to all of the following:
 32  7    Sec. 63.  Section 237A.12, subsection 1, paragraph c, Code
 32  8 2001, is amended to read as follows:
 32  9    c.  The adequacy of activity programs and food services
 32 10 available to the children.  The administrator department of
 32 11 human services and the department of inspections and appeals
 32 12 shall not restrict the use of or apply nutritional standards
 32 13 to a lunch or other meal which is brought to the center or
 32 14 child care home by a school-age child for the child's
 32 15 consumption.
 32 16    Sec. 64.  Section 237A.12, subsection 4, Code 2001, is
 32 17 amended to read as follows:
 32 18    4.  If a building is owned or leased by a school district
 32 19 or accredited nonpublic school and complies with standards
 32 20 adopted by the state fire marshal for school buildings under
 32 21 chapter 100, the building is considered appropriate for use by
 32 22 a child care facility.  The rules adopted by the administrator
 32 23 department under this section shall not require the facility
 32 24 to comply with building requirements which differ from
 32 25 requirements for use of the building as a school.
 32 26    Sec. 65.  Section 237A.19, Code 2001, is amended to read as
 32 27 follows:
 32 28    237A.19  PENALTY.
 32 29    A person who establishes, conducts, manages, or operates a
 32 30 center without a license shall be guilty of a serious
 32 31 misdemeanor. Each day of continuing violation after
 32 32 conviction, or notice from the department of inspections and
 32 33 appeals by certified mail of the violation, shall be
 32 34 considered a separate offense.
 32 35    If registration is required under section 237A.3, a person
 33  1 who establishes, conducts, manages, or operates a child care
 33  2 home without registering or a person who operates a child care
 33  3 home contrary to section 237A.5, is guilty of a simple
 33  4 misdemeanor.  Each day of continuing violation after
 33  5 conviction, or notice from the department of inspections and
 33  6 appeals by certified mail of the violation, is a separate
 33  7 offense.  A single charge alleging continuing violation may be
 33  8 made in lieu of filing charges for each day of violation.  
 33  9                          DIVISION VII
 33 10            DEPARTMENT OF INSPECTIONS AND APPEALS –
 33 11                     CHILD-PLACING AGENCIES
 33 12    Sec. 66.  Section 238.1, Code 2001, is amended to read as
 33 13 follows:
 33 14    238.1  DEFINITIONS.
 33 15    1.  For the purpose purposes of this chapter the word
 33 16 "administrator" means administrator of the division of child
 33 17 and family services of the department of human services.
 33 18    2.  The word, unless the context otherwise requires,
 33 19 "person" or "agency" where used in this chapter shall include
 33 20 includes individuals, institutions, partnerships, voluntary
 33 21 associations, and corporations, other than institutions under
 33 22 the management or control of any division of the department of
 33 23 human services or any administrator thereof of an institution
 33 24 or division.
 33 25    Sec. 67.  Section 238.3, Code 2001, is amended to read as
 33 26 follows:
 33 27    238.3  POWER TO LICENSE.
 33 28    The administrator is hereby empowered to department of
 33 29 inspections and appeals may grant a license for one year for
 33 30 the conduct operation of any child-placing agency that is for
 33 31 the public good, and is conducted by a reputable and
 33 32 responsible person.
 33 33    Sec. 68.  Section 238.5, Code 2001, is amended to read as
 33 34 follows:
 33 35    238.5  LICENSE REQUIRED.
 34  1    No A person shall conduct not operate a child-placing
 34  2 agency or solicit or receive funds for its support without an
 34  3 unrevoked a valid license issued by the administrator
 34  4 department of inspections and appeals within the twelve months
 34  5 preceding to conduct such operate the agency.
 34  6    Sec. 69.  Section 238.8, Code 2001, is amended to read as
 34  7 follows:
 34  8    238.8  RECORD OF LICENSE.
 34  9    A record of the licenses so a license issued under this
 34 10 chapter shall be kept by the administrator department of
 34 11 inspections and appeals.
 34 12    Sec. 70.  Section 238.10, Code 2001, is amended to read as
 34 13 follows:
 34 14    238.10  REVOCATION OF LICENSE.
 34 15    The administrator department of inspections and appeals
 34 16 may, after due notice and hearing, revoke the license of a
 34 17 child-placing agency under any of the following circumstances:
 34 18    1.  In case the The person to whom the same license is
 34 19 issued violates any provision of this chapter.
 34 20    2.  When in the opinion of the administrator such
 34 21 department of inspections and appeals, the agency is
 34 22 maintained in such a way as to waste or misuse funds
 34 23 contributed by the public or without due regard to sanitation
 34 24 or hygiene or to the health, comfort, or well-being of the
 34 25 child cared for or placed by the agency.
 34 26    3.  In case of violation by the The licensee or the
 34 27 licensee's agents of any has violated a law of the state in a
 34 28 manner disclosing moral turpitude or unfitness to maintain
 34 29 such the agency.
 34 30    4.  In case any such The agency is conducted operated by a
 34 31 person of ill repute or bad moral character.
 34 32    5.  In case said The agency operates in persistent
 34 33 violation of the reasonable regulations of the administrator
 34 34 governing such agencies persistently violates the rules
 34 35 applicable to the agency.
 35  1    Sec. 71.  Section 238.11, Code 2001, is amended to read as
 35  2 follows:
 35  3    238.11  WRITTEN CHARGES – FINDINGS – NOTICE.
 35  4    Written charges against the a licensee shall be served upon
 35  5 the licensee at least ten days before prior to a hearing shall
 35  6 be had thereon on the charges and a written copy of the
 35  7 findings and decisions of the administrator department of
 35  8 inspections and appeals upon hearing shall be served upon the
 35  9 licensee in the manner prescribed for the service of original
 35 10 notice in civil actions.
 35 11    Sec. 72.  Section 238.12, Code 2001, is amended to read as
 35 12 follows:
 35 13    238.12  APPEAL – JUDICIAL REVIEW.
 35 14    1.  Any A licensee feeling aggrieved by any a decision of
 35 15 the administrator department of inspections and appeals
 35 16 revoking the licensee's license may appeal to the council on
 35 17 human services in the manner of form prescribed by such the
 35 18 council.  The council shall, upon receipt of such an appeal
 35 19 give the licensee reasonable notice and opportunity for a fair
 35 20 hearing before such the council or its duly the council's
 35 21 authorized representative or representatives.  Following such
 35 22 the hearing the council on human services shall take its final
 35 23 action and notify the licensee in writing.
 35 24    2.  Judicial review of the actions of the council may be
 35 25 sought in accordance with the terms of the Iowa administrative
 35 26 procedure Act chapter 17A.
 35 27    Sec. 73.  Section 238.16, Code 2001, is amended to read as
 35 28 follows:
 35 29    238.16  RULES AND REGULATIONS – LICENSING.
 35 30    1.  It shall be the duty of the administrator to provide
 35 31 such general regulations and The department of human services
 35 32 shall adopt rules for establishing licensing standards for
 35 33 child-placing agencies.  The rules shall address the conduct
 35 34 operation of all such agencies as shall be necessary to effect
 35 35 the purposes of this chapter and of all other laws of the
 36  1 state relating to children, so far as the same are applicable,
 36  2 and to safeguard the well-being of children placed or cared
 36  3 for by such the agencies.
 36  4    2.  The department of inspections and appeals shall issue
 36  5 licensing applications; conduct licensing inspections and
 36  6 unannounced visits; respond to licensing complaints; maintain
 36  7 licensing records; conduct criminal record checks for
 36  8 employees of licensed agencies prior to employment and
 36  9 evaluate those employees with criminal records or records of
 36 10 founded abuse in accordance with the provisions of section
 36 11 237.8 applicable to an agency providing group foster care to
 36 12 determine if prohibition of employment is warranted; and issue
 36 13 licensing reports, decision, and licenses.
 36 14    Sec. 74.  Section 238.17, Code 2001, is amended to read as
 36 15 follows:
 36 16    238.17  FORMS FOR REGISTRATION AND RECORD – PRESERVATION.
 36 17    1.  The administrator department of human services shall
 36 18 prescribe forms for the registration and record of persons
 36 19 cared for by any a child-placing agency licensed under this
 36 20 chapter and for reports required by said administrator from
 36 21 the agencies from a child-placing agency.
 36 22    2.  If, for any reason, a child-placing agency as defined
 36 23 by section 238.2 shall cease ceases to exist, all records of
 36 24 registration and placement and all other records of any kind
 36 25 and character kept by such the child-placing agency shall be
 36 26 turned over to the administrator department of inspections and
 36 27 appeals, for preservation, to be kept by the said
 36 28 administrator as a permanent record by the department.
 36 29    Sec. 75.  Section 238.18, Code 2001, is amended to read as
 36 30 follows:
 36 31    238.18  DUTY OF LICENSEE.
 36 32    The licensee shall keep a record records and make reports
 36 33 in the form to be prescribed by said administrator rules
 36 34 adopted by the department of human services.
 36 35    Sec. 76.  Section 238.19, Code 2001, is amended to read as
 37  1 follows:
 37  2    238.19  INSPECTION GENERALLY.
 37  3    Authorized employees of the department of inspections and
 37  4 appeals may inspect the premises and conditions of the a
 37  5 child-placing agency at any time and examine every part of the
 37  6 agency; and.  Authorized employees of the department of
 37  7 inspections and appeals may inquire into all matters
 37  8 concerning the a child-placing agency and the children in the
 37  9 care of the agency.
 37 10    Sec. 77.  Section 238.24, Code 2001, is amended to read as
 37 11 follows:
 37 12    238.24  INFORMATION CONFIDENTIAL.
 37 13    1.  No individual A person who acquires through the
 37 14 operation of the provisions of sections 238.17 to 238.23,
 37 15 inclusive, under this chapter or from the records provided for
 37 16 in this chapter, information relative relating to any an
 37 17 agency or relative to any person individual cared for by such
 37 18 agency or relative to any relative of any such person the
 37 19 individual, shall not directly or indirectly disclose such the
 37 20 information except upon inquiry before a court of law, or
 37 21 before some other tribunal, or for the information of the
 37 22 governor, general assembly, medical examiners, administrator
 37 23 department of human services, department of inspections and
 37 24 appeals, Iowa department of public health, or the local board
 37 25 of health where such in the county in which the agency is
 37 26 located.
 37 27    2.  Nothing herein shall prohibit the administrator from
 37 28 disclosing such facts to such proper persons Notwithstanding
 37 29 subsection 1, the department of human services or department
 37 30 of inspections and appeals may disclose information as may be
 37 31 in the interest of a child cared for by such agency or in the
 37 32 interest of the child's parents or foster parents and not
 37 33 inimical to the child, or as may be necessary to protect the
 37 34 interests of the child's prospective foster parents.  However,
 37 35 disclosure of termination and adoption records shall be
 38  1 governed by is subject to the provisions of sections 600.16
 38  2 and 600.16A.
 38  3    3.  Nothing herein shall prohibit the Notwithstanding
 38  4 subsection 1, statistical analysis may be performed by duly
 38  5 authorized persons of data collected by virtue of under this
 38  6 chapter or the publication of the.  The results of such
 38  7 analysis may be publicly issued in such a manner as will not
 38  8 disclose confidential information.
 38  9    Sec. 78.  Section 238.31, Code 2001, is amended to read as
 38 10 follows:
 38 11    238.31  INSPECTION OF FOSTER HOMES PLACEMENTS.
 38 12    The administrator shall be satisfied As necessary to ensure
 38 13 that each a licensed child-placing agency is maintaining
 38 14 proper standards in its work, and said administrator, the
 38 15 department of inspections and appeals or the department of
 38 16 human services, as applicable, may at any time cause the child
 38 17 and home in which the child has been placed to be visited by
 38 18 the administrator's agents for the purpose of ascertaining
 38 19 inspect the child's placement to determine whether the home
 38 20 placement is a suitable one for the child, and may continue to
 38 21 visit and inspect the foster home and the conditions therein
 38 22 as they affect said child.
 38 23    Sec. 79.  Section 238.42, Code 2001, is amended to read as
 38 24 follows:
 38 25    238.42  AGREEMENT IN CHILD PLACEMENTS.
 38 26    Every agency placing a child in a foster home A child-
 38 27 placing agency shall enter into a written agreement with the
 38 28 person taking accepting placement of the child, which.  The
 38 29 agreement shall provide that the agency placing the child
 38 30 shall have access at all reasonable times to such the child
 38 31 and to the home in which person with whom the child is living
 38 32 placed, and for the return of the child by the that person
 38 33 taking the child whenever, in the opinion of the child-placing
 38 34 agency placing such child, or in the opinion of the
 38 35 administrator department of inspections and appeals or the
 39  1 department of human services, as applicable, the best
 39  2 interests of the child shall require it require the child's
 39  3 return.
 39  4    Sec. 80.  Section 238.45, Code 2001, is amended to read as
 39  5 follows:
 39  6    238.45  PENALTY.
 39  7    Every A person who violates any of the provisions of this
 39  8 chapter or who intentionally shall make any makes false
 39  9 statements or reports to the administrator with reference to
 39 10 the matters contained herein, shall be guilty of department of
 39 11 inspections and appeals commits a fraudulent practice.
 39 12    Sec. 81.  Section 600.2, subsection 2, Code 2001, is
 39 13 amended to read as follows:
 39 14    2.  "Investigator" means a natural person who is certified
 39 15 or approved by the department of human services inspections
 39 16 and appeals, after inspection by the department of inspections
 39 17 and appeals, as being capable of conducting an investigation
 39 18 under section 600.8.
 39 19    Sec. 82.  Section 238.23, Code 2001, is repealed.  
 39 20                          DIVISION VIII
 39 21               IOWA DEPARTMENT OF PUBLIC HEALTH –
 39 22                     CHILD ABUSE PREVENTION
 39 23    Sec. 83.  Section 135.11, Code Supplement 2001, is amended
 39 24 by adding the following new subsection:
 39 25    NEW SUBSECTION.  29.  Administer the program for child
 39 26 abuse prevention in accordance with section 235A.1.
 39 27    Sec. 84.  Section 235A.1, subsection 1, unnumbered
 39 28 paragraph 1, Code 2001, is amended to read as follows:
 39 29    A program for the prevention of child abuse is established
 39 30 within the state Iowa department of human services public
 39 31 health.  Any moneys appropriated by the general assembly for
 39 32 child abuse prevention shall be used by the Iowa department of
 39 33 human services public health solely for the purposes of child
 39 34 abuse prevention and shall not be expended for treatment or
 39 35 other service delivery programs regularly maintained by the
 40  1 department state.  Moneys appropriated for child abuse
 40  2 prevention shall be used by the Iowa department of public
 40  3 health through contract with an agency or organization which
 40  4 shall administer the funds with maximum use of voluntary
 40  5 administrative services for the following:
 40  6    Sec. 85.  Section 235A.1, subsection 2, Code 2001, is
 40  7 amended to read as follows:
 40  8    2.  The director of human services public health may accept
 40  9 grants, gifts, and bequests from any source for the purposes
 40 10 designated in subsection 1.  The director shall remit funds so
 40 11 received to the treasurer of state who shall deposit them in
 40 12 the general fund of the state.  The deposited funds are
 40 13 appropriated to the Iowa department of public health for the
 40 14 use of the child abuse prevention program.
 40 15    Sec. 86.  Section 235A.1, subsection 4, paragraph a, Code
 40 16 2001, is amended to read as follows:
 40 17    a.  Advise the director of human services and the
 40 18 administrator of the division of the department of human
 40 19 services responsible for child and family programs Iowa
 40 20 department of public health regarding expenditures of funds
 40 21 received for the child abuse prevention program.  
 40 22                           DIVISION IX
 40 23        SERVICES AT THE STATE MENTAL HEALTH INSTITUTE AT
 40 24                         MOUNT PLEASANT
 40 25    Sec. 87.  SERVICES AT MOUNT PLEASANT.  Notwithstanding any
 40 26 provision of law to the contrary, if the department exercises
 40 27 its authority under 2001 Iowa Acts, Second Extraordinary
 40 28 Session, chapter 6, section 35, to colocate the unit for civil
 40 29 commitment of sexually violent predators at the state mental
 40 30 health institute at Mount Pleasant, the department of human
 40 31 services may eliminate the following services at the state
 40 32 mental health institute at Mount Pleasant during the indicated
 40 33 fiscal year:
 40 34    1.  The treatment program for persons with substance abuse
 40 35 problems during the fiscal year beginning July 1, 2001.
 41  1    2.  The adult psychiatric program during the fiscal year
 41  2 beginning July 1, 2002.
 41  3    3.  The dual-diagnosis mental health and substance abuse
 41  4 program during the fiscal year beginning July 1, 2002.
 41  5    Sec. 88.  EFFECTIVE DATE.  This division of this Act, being
 41  6 deemed of immediate importance, takes effect upon enactment.  
 41  7                           DIVISION X
 41  8                   OLMSTEAD RULING ACTIVITIES
 41  9    Sec. 89.  Section 225C.48, subsections 1 and 2, Code 2001,
 41 10 are amended to read as follows:
 41 11    1.  An eleven-member A thirteen-member personal assistance
 41 12 and family support services council is created in the
 41 13 department.  The members of the council shall be appointed by
 41 14 the following officials as follows:  governor, five members;
 41 15 majority leader of the senate, three members; and speaker of
 41 16 the house, three members.  In addition, the governor's
 41 17 developmental disabilities council and a statewide advisory
 41 18 council on independent living centers shall each appoint one
 41 19 member.  At least three of the governor's appointments and one
 41 20 of each legislative chamber's appointments shall be a family
 41 21 member of an individual with a disability as defined in
 41 22 section 225C.47.  At least five of the members shall be
 41 23 consumers of personal services.  Members shall serve for
 41 24 three-year staggered terms.  A vacancy on the council shall be
 41 25 filled in the same manner as the original appointment.  The
 41 26 members of the council shall be entitled to reimbursement of
 41 27 actual and necessary expenses incurred in the performance of
 41 28 their official duties.  The council shall elect officers from
 41 29 among the council's members.
 41 30    2.  The council shall provide ongoing guidance, advice, and
 41 31 direction to the department and other agencies working with
 41 32 the department in the development and implementation of the
 41 33 personal assistance services program created in section
 41 34 225C.46 and the comprehensive family support program created
 41 35 in section 225C.47.  In addition, the council shall provide
 42  1 ongoing guidance, advice, and direction to the department and
 42  2 to persons working with the department to address the holding
 42  3 in Olmstead v. L.C. and E.W., 119 S. Ct. 2176 (1999),
 42  4 including but not limited to implementation grants.  The
 42  5 council shall perform an annual evaluation of each program,
 42  6 and annually make recommendations concerning each program to
 42  7 the governor and general assembly.  The department shall
 42  8 provide sufficient staff support to the council to enable the
 42  9 council to carry out its responsibilities.  
 42 10                           EXPLANATION
 42 11    This bill provides for the transfer of duties performed by
 42 12 the department of human services to the department of
 42 13 inspections and appeals and the Iowa department of public
 42 14 health, and authorizes elimination of certain programs at the
 42 15 state mental health institute at Mount Pleasant.
 42 16    In division I of the bill, the definition of the term
 42 17 "administrator" is amended throughout Code chapter 10A,
 42 18 relating to the department of inspections and appeals, by
 42 19 providing a general description of each division
 42 20 administrator.
 42 21    The duties of the director of the department of inspections
 42 22 and appeals in Code section 10A.104 are amended to include
 42 23 administration of inspection and licensing of social and
 42 24 charitable gambling in place of the inspections division.  The
 42 25 bill eliminates a provision making the director of the
 42 26 department of inspections and appeals' rulemaking authority in
 42 27 regard to targeted small business subject to the review and
 42 28 approval of the director of the department of management.
 42 29    Code section 10A.106, providing a list of the divisions of
 42 30 the department, is amended to replace a reference to the
 42 31 audits division with the child care division.  The audits
 42 32 division is eliminated.
 42 33    The duties of the investigations division in Code section
 42 34 10A.402 are amended to eliminate investigation of proposed
 42 35 sales in this state of subdivided land situated outside the
 43  1 state and investigation of applications for beer and liquor
 43  2 licenses and to add audits of various public assistance
 43  3 programs that are subject to investigation by this division
 43  4 and the duty to evaluate the results of record checks
 43  5 conducted under Code chapter 135C, relating to health
 43  6 facilities.
 43  7    The duties of the inspections division in Code section
 43  8 10A.502 are amended to eliminate responsibility for regulation
 43  9 of social and charitable gambling and inspections of
 43 10 educational, charitable, correctional, and penal institutions
 43 11 and to add responsibility for home food establishments, egg
 43 12 handlers, food processing plants, grocery stores, convenience
 43 13 stores, temporary food establishments, and mobile food units.
 43 14    The duties of the health facilities division in Code
 43 15 section 10A.702 are amended to eliminate responsibility for
 43 16 inspections of child foster care facilities and private
 43 17 providers of care to dependent, neglected, and delinquent
 43 18 children and to add investigations and inspections of
 43 19 responsibility for community mental health centers, and
 43 20 various other providers of services to persons with
 43 21 disabilities.
 43 22    The bill eliminates the sole authority of the division of
 43 23 administrative hearings in Code section 10A.801 for various
 43 24 personnel matters concerning administrative law judges.
 43 25    New Code section 10A.901 establishes a new article in Code
 43 26 chapter 10A creating a child care division.  The division has
 43 27 responsibility for regulation of psychiatric medical
 43 28 institutions for children under Code chapter 135H, child
 43 29 foster care providers under Code chapter 237, child care
 43 30 providers under Code chapter 237A, and private child-placing
 43 31 agencies under Code chapter 238.  The Code editor is directed
 43 32 to codify this section as a new article of Code chapter 10A.
 43 33    In division II of the bill, the department of inspections
 43 34 and appeals is made responsible for performing abuse record
 43 35 checks and directed to perform an evaluation in place of the
 44  1 department of human services when a criminal or abuse record
 44  2 check reveals that a person has committed a crime or has been
 44  3 found to have committed child or dependent adult abuse.  The
 44  4 evaluation is for the purpose of determining whether the crime
 44  5 or founded abuse warrants prohibition of the person's
 44  6 employment or residence in a registered or licensed program.
 44  7 The following registration, approval, or licensing provisions
 44  8 are affected:  Code section 125.14A, relating to licensed
 44  9 substance abuse programs; Code section 135C.33, relating to
 44 10 health care facilities; Code section 135H.7, relating to
 44 11 psychiatric medical institutions for children; Code sections
 44 12 232.142 and 237.8, relating to juvenile detention and shelter
 44 13 care homes and group foster care agency providers; and Code
 44 14 section 237A.5, relating to child care providers.
 44 15    Code section 135C.33 requirements for a single contact
 44 16 registry for conducting criminal and abuse record checks are
 44 17 amended to authorize the department to utilize the registry
 44 18 for performing the record checks and evaluations the
 44 19 department is required to conduct.  Code section 235A.15,
 44 20 relating to the child abuse registry, and Code section 235B.6,
 44 21 relating to the dependent adult abuse registry, are amended to
 44 22 authorize the department to have access to these registries
 44 23 for the record checks.
 44 24    In division III of the bill, the duties of the department
 44 25 of human services' administrator for mental health and
 44 26 developmental disabilities in Code sections 225C.5 and 230A.17
 44 27 are amended to transfer responsibility for review, evaluation,
 44 28 and accreditation of community mental health centers to the
 44 29 department of inspections and appeals.  In addition,
 44 30 responsibility for accreditation or approval of supported
 44 31 community living services and individual case management
 44 32 services is transferred to the department of inspections and
 44 33 appeals.
 44 34    In division IV of the bill, Code section 232.142 is amended
 44 35 to transfer responsibility for approval of juvenile detention
 45  1 and shelter care homes to the department of inspections and
 45  2 appeals.  The department of human services retains rules
 45  3 adoption authority and responsibility to provide guidance and
 45  4 consultation to the homes.
 45  5    In division V of the bill, responsibility for licensing
 45  6 group foster care agency providers is transferred to the
 45  7 department of inspections and appeals.  The department of
 45  8 human services retains responsibility for licensing individual
 45  9 foster family home providers and for adopting rules
 45 10 requirements for all foster care licensees.
 45 11    Code section 237.1 is amended to eliminate the term
 45 12 "administrator" and associated references to the individual
 45 13 assigned by the director of human services for foster care
 45 14 regulatory responsibilities.  A new term, "licensing
 45 15 authority", provides that the department of human services
 45 16 enforces requirements for individual foster family home
 45 17 providers and the department of inspections and appeals
 45 18 enforces requirements for group foster care agency providers.
 45 19    Conforming changes are made throughout Code chapter 237,
 45 20 the foster care regulatory chapter, to utilize the "new
 45 21 licensing authority" term.  In addition, Code section 422.45
 45 22 is amended to revise a departmental reference in the sales tax
 45 23 exemption for residential child foster care facilities.
 45 24    In division VI of the bill, responsibilities under Code
 45 25 chapter 237A, relating to child care registration and
 45 26 licensing, are transferred to the department of inspections
 45 27 and appeals.  The department of human services retains
 45 28 responsibility for adopting rules requirements and providing
 45 29 consultative services for child care registrants and
 45 30 licensees.
 45 31    The term "administrator" is eliminated from Code section
 45 32 237A.1, providing definitions.  Instead, the bill eliminates
 45 33 the use of this term and refers to either the department of
 45 34 inspections and appeals or the department of human services,
 45 35 as appropriate.
 46  1    In division VII of the bill, responsibility for licensing
 46  2 private child-placing agencies is transferred to the
 46  3 department of inspections and appeals.  The department of
 46  4 human services retains responsibility for adopting rules
 46  5 requirements for child-placing agencies.  The department of
 46  6 inspections and appeals is provided authority for the
 46  7 licensing and inspection of the agencies, including record
 46  8 checks of employees utilizing the requirements applicable to
 46  9 foster care agency providers.  In addition, Code section
 46 10 600.2, relating to the definition of the term "investigator"
 46 11 used for the person who performs preplacement investigations
 46 12 for adoptions, is amended to provide that an investigator is
 46 13 approved or certified by the department of inspections and
 46 14 appeals instead of the department of human services.  Code
 46 15 section 238.23, requiring child-placing agencies to file an
 46 16 annual report with the department of human services and
 46 17 specifying the placement and budget information to be included
 46 18 in the report, is repealed.
 46 19    In division VIII of the bill, Code section 235A.1 is
 46 20 amended to transfer responsibility of child abuse prevention
 46 21 programming from the department of human services to the Iowa
 46 22 department of public health.  Moneys received from grants,
 46 23 gifts, and bequests are appropriated to the Iowa department of
 46 24 public health to be used for the child abuse prevention
 46 25 program.
 46 26    In division IX of the bill, if the department of human
 46 27 services exercises previously enacted authority to colocate
 46 28 the unit for sexually violent predators at the state mental
 46 29 health institute at Mount Pleasant, the department is
 46 30 authorized to eliminate during fiscal year 2001-2002 the
 46 31 treatment program for persons with substance abuse problems
 46 32 and to eliminate these services during fiscal year 2002-2003
 46 33 at the state mental health institute at Mount Pleasant:  the
 46 34 adult psychiatric program, and the dual-diagnosis mental
 46 35 health and substance abuse program.  This division takes
 47  1 effect upon enactment.
 47  2    In division X of the bill, the membership of the personal
 47  3 assistance and family support services council is expanded
 47  4 from 11 to 13 members with one of the new members appointed by
 47  5 the governor's developmental disabilities council and the
 47  6 other by a statewide advisory council on independent living
 47  7 centers.  In addition, the council's duties are expanded to
 47  8 include providing ongoing guidance, advice, and direction to
 47  9 the department and persons working with the department to
 47 10 address the holding of Olmstead v. L.C. and E.W., 119 S. Ct.
 47 11 2176 (1999), including but not limited to implementation
 47 12 grants.  This United States supreme court ruling relates to
 47 13 appropriate placement of persons for services under the
 47 14 federal Americans With Disabilities Act.  
 47 15 LSB 5551XL 79
 47 16 jp/pj/5.1
     

Text: SSB03139                          Text: SSB03141
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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