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