Text: HSB00520                          Text: HSB00522
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 521

Bill Text

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  5    a.  A social worker.
  1  6    b.  A certified psychologist.
  1  7    c. 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 23    d.  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 report
  1 28 pursuant to this section, the person shall immediately notify
  1 29 the person in charge or the person's designated agent, and the
  1 30 person in charge or the designated agent shall make the report
  1 31 by the end of the next business day.
  1 32    b.  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.13 may shall
  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 obligor and any appropriate licensing
  3  7 authority.
  3  8    Sec. 7.  Section 252J.6, subsection 2, paragraph a, Code
  3  9 2003, is amended to read as follows:
  3 10    a.  That a copy of the 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 warrant and shall include a copy of the
  3 24 certificate 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

Return To Home index


© 2004 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Jan 15 03:35:36 CST 2004
URL: /DOCS/GA/80GA/Legislation/HSB/00500/HSB00521/040114.html
jhf