Text: HSB00520 Text: HSB00522 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 235B.3, subsections 2 and 3, Code 1 2 Supplement 2003, are amended to read as follows: 1 3 2. All of the following persons shall report suspected 1 4 dependent adult abuse to the department: 1 5a. A social worker.1 6b. A certified psychologist.1 7c.a. A person who, in the course of employment, examines, 1 8 attends, counsels, or treats a dependent adult and reasonably 1 9 believes the dependent adult has suffered abuse, including: 1 10 (1) A member of the staff of a community mental health 1 11 center, a member of the staff of a hospital, a member of the 1 12 staff or employee of a public or private health care facility 1 13 as defined in section 135C.1. 1 14 (2) A peace officer. 1 15 (3) An in-home homemaker-home health aide. 1 16 (4) An individual employed as an outreach person. 1 17 (5) A health practitioner, as defined in section 232.68. 1 18 (6) A member of the staff or an employee of a supported 1 19 community living service, sheltered workshop, or work activity 1 20 center. 1 21 (7) A social worker. 1 22 (8) A certified psychologist. 1 23d.b. A person who performs inspections of elder group 1 24 homes for the department of inspections and appeals and a 1 25 resident advocate committee member assigned to an elder group 1 26 home pursuant to chapter 231B. 1 27 3.a. If a staff member or employee is required to report1 28pursuant to this section, the person shall immediately notify1 29the person in charge or the person's designated agent, and the1 30person in charge or the designated agent shall make the report1 31by the end of the next business day.1 32b.The employer or supervisor of a person who is required 1 33 to or may make a report pursuant to this section shall not 1 34 apply a policy, work rule, or other requirement that 1 35 interferes with the person making a report of dependent adult 2 1 abuse or that results in the failure of another person to make 2 2 the report. 2 3 Sec. 2. Section 252B.9, Code 2003, is amended by adding 2 4 the following new subsection: 2 5 NEW SUBSECTION. 4. Nothing in this chapter, chapter 252A, 2 6 252C, 252D, 252E, 252F, 252G, 252H, 252I, 252J, or 252K, or 2 7 any other comparable chapter or law shall preclude the unit 2 8 from exchanging any information, notice, document, or 2 9 certification with any government or private entity through 2 10 mutually agreed upon electronic data transfer. 2 11 Sec. 3. Section 252H.8, subsection 4, paragraph b, Code 2 12 2003, is amended to read as follows: 2 13 b. The return of service, acceptance of service, or signed 2 14 statement by the parent requesting review and adjustment or 2 15 requesting modification, waiving service of the notice. 2 16 Sec. 4. Section 252H.15, subsection 2, Code 2003, is 2 17 amended to read as follows: 2 18 2. Notice shall be served upon each parent in accordance 2 19 with the rules of civil procedure, except that a parent 2 20 requesting a review pursuant to section 252H.13mayshall 2 21 waive the right to personal service of the notice in writing 2 22 and accept service by regular mail. If the service by regular 2 23 mail does not occur within ninety days of the written waiver 2 24 of personal service, personal service of the notice is 2 25 required unless a new waiver of personal service is obtained. 2 26 Sec. 5. Section 252H.19, subsection 2, unnumbered 2 27 paragraph 1, Code 2003, is amended to read as follows: 2 28 The notice shall be served upon each parent in accordance 2 29 with the rules of civil procedure, except that a parent 2 30 requesting modification shall, at the time of the request, 2 31 waive the right to personal service of the notice in writing 2 32 and accept service by regular mail. The unit shall adopt 2 33 rules pursuant to chapter 17A to ensure that all of the 2 34 following are included in the notice: 2 35 Sec. 6. Section 252J.5, subsection 3, Code 2003, is 3 1 amended to read as follows: 3 2 3. Following issuance of a certificate of noncompliance, 3 3 if the obligor enters into a written agreement with the unit, 3 4 the unit shall issue a withdrawal of the certificate of 3 5 noncompliance and shall forward a copy of the withdrawal by 3 6 regular mail to the obligorand any appropriate licensing3 7authority. 3 8 Sec. 7. Section 252J.6, subsection 2, paragraph a, Code 3 9 2003, is amended to read as follows: 3 10 a. Thata copy ofthe certificate of noncompliance or 3 11 withdrawal of the certificate of noncompliance has been 3 12 provided to the licensing authorities named in the notice 3 13 provided pursuant to section 252J.3. 3 14 Sec. 8. Section 252J.7, subsection 1, Code 2003, is 3 15 amended to read as follows: 3 16 1. If the individual fails to respond to the notice of 3 17 potential license sanction provided pursuant to section 252J.3 3 18 or the unit issues a written decision under section 252J.6 3 19 which states that the individual is not in compliance, the 3 20 unit shall certify, in writing, to any appropriate licensing 3 21 authority that the support obligor is not in compliance with a 3 22 support order or the individual is not in compliance with a 3 23 subpoena or warrantand shall include a copy of the3 24certificate of noncompliance. 3 25 EXPLANATION 3 26 This bill makes changes to child support and dependent 3 27 adult abuse provisions under the purview of the department of 3 28 human services. 3 29 The bill provides that only social workers and certified 3 30 psychologists who, in the course of their employment, examine, 3 31 attend, counsel, or treat a dependent adult are required to 3 32 report suspected dependent adult abuse. Current law requires 3 33 all social workers and certified psychologists to report 3 34 suspected dependent adult abuse. 3 35 The bill also eliminates a provision applicable to 4 1 mandatory dependent adult abuse reporters who are staff or 4 2 employees of certain facilities that required the staff member 4 3 or employee to report the suspected dependent adult abuse to 4 4 the person in charge or the person's designated agent, and the 4 5 person in charge or the designated agent was then to make the 4 6 report. With the elimination of this language, the staff or 4 7 employee would make the report directly. 4 8 The bill provides that the child support recovery unit is 4 9 not prohibited from exchanging any information, notice, 4 10 document, or certification with any government or private 4 11 entity through mutually agreed upon electronic transfer. The 4 12 bill provides that a parent requesting a review and adjustment 4 13 or a modification of a child support order will receive the 4 14 initial notice that the process has begun by regular mail 4 15 rather than choosing between personal service or regular mail. 4 16 With regard to child support licensing sanctions, the bill 4 17 deletes the requirement that the child support recovery unit 4 18 issue a copy of a withdrawal of a certificate of noncompliance 4 19 to the appropriate licensing authority as well as to the 4 20 obligor when the obligor for whom the child support recovery 4 21 unit has issued a certificate of noncompliance enters into a 4 22 written agreement for payment of support and compliance. The 4 23 bill also provides that the written decision of the child 4 24 support recovery unit, following the noncompliance of an 4 25 obligor and the request of the obligor for a conference, is to 4 26 state that the actual certificate of noncompliance or 4 27 withdrawal of the certificate of noncompliance, not a copy of 4 28 these, has been provided to the named licensing authority. 4 29 The bill also eliminates the requirement that the child 4 30 support recovery unit include a copy of the certificate of 4 31 noncompliance of an obligor with the written certification to 4 32 the licensing authority of the obligor's noncompliance in 4 33 cases in which the obligor does not respond to a notice of 4 34 potential license sanction or the unit enters a written 4 35 decision stating that the obligor is not in compliance. 5 1 LSB 5199DP 80 5 2 pf/gg/14
Text: HSB00520 Text: HSB00522 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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