Text: HF00155                           Text: HF00157
Text: HF00100 - HF00199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 156

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 232.69, subsection 1, paragraph b, Code
  1  2 2003, is amended by adding the following new subparagraph:
  1  3    NEW SUBPARAGRAPH.  (13)  A member of the clergy.  However,
  1  4 if the belief that a child has suffered abuse arises from
  1  5 information obtained only during a penitential communication,
  1  6 the clergy member is not subject to the requirement to make
  1  7 the report.  This subparagraph shall not be construed to
  1  8 modify or limit a clergy member's duty to report the belief
  1  9 that a child has been abused when the clergy member is acting
  1 10 in some other capacity that would otherwise make the clergy
  1 11 member a mandatory reporter of abuse.  For the purposes of
  1 12 this subparagraph, unless the context otherwise requires:
  1 13    (a)  "Clergy member" or "member of the clergy" means an
  1 14 individual who by ordination, licensing, or other form of
  1 15 entitlement, as recognized by the religious group or sect with
  1 16 whom the individual is affiliated, is authorized to provide
  1 17 pastoral care and counseling to group or sect members and
  1 18 others seeking such care and counseling.
  1 19    (b)  "Penitential communication" means a communication
  1 20 intended to be in confidence, including but not limited to a
  1 21 sacramental confession made to a clergy member who, in the
  1 22 course of the discipline or practice of the clergy member's
  1 23 religious group or sect, is authorized to hear those
  1 24 communications, and under the discipline, practice, tenets, or
  1 25 customs of the religious group or sect, the clergy member has
  1 26 the duty to keep the communication secret.
  1 27    Sec. 2.  Section 232.69, subsection 3, paragraph b, Code
  1 28 2003, is amended to read as follows:
  1 29    b.  A person required to make a report under subsection 1,
  1 30 other than a physician whose professional practice does not
  1 31 regularly involve providing primary health care to children or
  1 32 a member of the clergy, shall complete two hours of training
  1 33 relating to the identification and reporting of child abuse
  1 34 within six months of initial employment or self-employment
  1 35 involving the examination, attending, counseling, or treatment
  2  1 of children on a regular basis.  Within one month of initial
  2  2 employment or self-employment, the person shall obtain a
  2  3 statement of the abuse reporting requirements from the
  2  4 person's employer or, if self-employed, from the department.
  2  5 The person shall complete at least two hours of additional
  2  6 child abuse identification and reporting training every five
  2  7 years.  
  2  8                           EXPLANATION
  2  9    This bill requires members of the clergy to be mandatory
  2 10 reporters of child abuse under certain circumstances.
  2 11    Members of the clergy are added to the list of those who
  2 12 are mandatory reporters of child abuse in Code section 232.69.
  2 13 An exception to the requirement applies if due to information
  2 14 obtained only during a penitential communication a clergy
  2 15 member comes to believe a child has suffered abuse.
  2 16    "Member of the clergy" or "clergy member" is defined as a
  2 17 person authorized by ordination, licensing, or other form of
  2 18 entitlement of the religious group or sect with which the
  2 19 person is affiliated to provide pastoral care and counseling
  2 20 to the group, sect, or others.  "Penitential communication" is
  2 21 defined as communication intended to be in confidence to a
  2 22 clergy member who is authorized to hear and has a duty to keep
  2 23 secret such communication in accordance with the discipline,
  2 24 tenets, customs, or practices of the clergy member's religious
  2 25 group or sect.
  2 26    Current law requires a mandatory reporter of child abuse to
  2 27 complete two hours of training relating to the identification
  2 28 and reporting of child abuse every five years.  The bill
  2 29 provides an exception to this requirement for members of the
  2 30 clergy.  
  2 31 LSB 1366HV 80
  2 32 jp/pj/5
     

Text: HF00155                           Text: HF00157
Text: HF00100 - HF00199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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