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House File 206

Partial Bill History

Bill Text

PAG LIN
  1  1                                               HOUSE FILE 206
  1  2  
  1  3                             AN ACT
  1  4 INCREASING THE CHILD AGE APPLICABLE TO MANDATORY REPORTING OF
  1  5    SUSPECTED CHILD SEXUAL ABUSE PERPETRATED BY A PERSON OTHER
  1  6    THAN THE PERSON RESPONSIBLE FOR THE CARE OF THE CHILD.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 232.69, subsection 1, unnumbered
  1 11 paragraph 1, Code 2003, is amended to read as follows:
  1 12    The classes of persons enumerated in this subsection shall
  1 13 make a report within twenty-four hours and as provided in
  1 14 section 232.70, of cases of child abuse.  In addition, the
  1 15 classes of persons enumerated in this subsection shall make a
  1 16 report of abuse of a child who is under twelve sixteen years
  1 17 of age and may make a report of abuse of a child who is twelve
  1 18 sixteen years of age or older, which would be defined as child
  1 19 abuse under section 232.68, subsection 2, paragraph "c" or
  1 20 "e", except that the abuse resulted from the acts or omissions
  1 21 of a person other than a person responsible for the care of
  1 22 the child.
  1 23    Sec. 2.  Section 232.69, subsection 1, paragraph b, Code
  1 24 2003, is amended by adding the following new subparagraph:
  1 25    NEW SUBPARAGRAPH.  (13)  A member of the clergy.  However,
  1 26 if the belief that a child has suffered abuse arises from
  1 27 information obtained only during a penitential communication,
  1 28 the clergy member is not subject to the requirement to make
  1 29 the report.  This subparagraph shall not be construed to
  1 30 modify or limit a clergy member's duty to report the belief
  1 31 that a child has been abused when the clergy member is acting
  1 32 in some other capacity that would otherwise make the clergy
  1 33 member a mandatory reporter of abuse.  For the purposes of
  1 34 this subparagraph, unless the context otherwise requires:
  1 35    (a)  "Clergy member" or "member of the clergy" means an
  2  1 individual who is designated as clergy by ordination,
  2  2 licensing, or other form of entitlement by the religious group
  2  3 or sect with whom the individual is affiliated.
  2  4    (b)  "Penitential communication" means a communication
  2  5 intended to be in confidence, including but not limited to a
  2  6 sacramental confession made to a clergy member who, in the
  2  7 course of the discipline or practice of the clergy member's
  2  8 religious group or sect, is authorized to hear those
  2  9 communications, and under the discipline, practice, tenets, or
  2 10 customs of the religious group or sect, the clergy member has
  2 11 the duty to keep the communication secret.
  2 12    Sec. 3.  Section 232.69, subsection 3, paragraph b, Code
  2 13 2003, is amended to read as follows:
  2 14    b.  A person required to make a report under subsection 1,
  2 15 other than a physician whose professional practice does not
  2 16 regularly involve providing primary health care to children or
  2 17 a member of the clergy, shall complete two hours of training
  2 18 relating to the identification and reporting of child abuse
  2 19 within six months of initial employment or self-employment
  2 20 involving the examination, attending, counseling, or treatment
  2 21 of children on a regular basis.  Within one month of initial
  2 22 employment or self-employment, the person shall obtain a
  2 23 statement of the abuse reporting requirements from the
  2 24 person's employer or, if self-employed, from the department.
  2 25 The person shall complete at least two hours of additional
  2 26 child abuse identification and reporting training every five
  2 27 years.  
  2 28 
  2 29 
  2 30                                                             
  2 31                               CHRISTOPHER C. RANTS
  2 32                               Speaker of the House
  2 33 
  2 34 
  2 35                                                             
  3  1                               MARY E. KRAMER
  3  2                               President of the Senate
  3  3 
  3  4    I hereby certify that this bill originated in the House and
  3  5 is known as House File 206, Eightieth General Assembly.
  3  6 
  3  7 
  3  8                                                             
  3  9                               MARGARET THOMSON
  3 10                               Chief Clerk of the House
  3 11 Approved                , 2003
  3 12 
  3 13 
  3 14                            
  3 15 THOMAS J. VILSACK
  3 16 Governor
     

Text: HF00205                           Text: HF00207
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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