Text: SF00350                           Text: SF00352
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 351

Partial Bill History

Bill Text

PAG LIN
  1  1                                            SENATE FILE 351
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO CHILD CARE REQUIREMENTS INVOLVING PROHIBITIONS 
  1  5    AGAINST INVOLVEMENT WITH CHILD CARE, RECORD CHECKS AND 
  1  6    EVALUATIONS PERFORMED BY THE DEPARTMENT OF HUMAN SERVICES, 
  1  7    ELIGIBILITY FOR STATE ASSISTANCE, AND CHILD CARE FRAUD 
  1  8    PROGRAM SANCTIONS, AND MAKING PENALTIES APPLICABLE.  
  1  9 
  1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 11 
  1 12    Section 1.  Section 237A.1, Code 2003, is amended by adding
  1 13 the following new subsection:
  1 14    NEW SUBSECTION.  10A.  "Involvement with child care" means
  1 15 licensed or registered under this chapter, employed in a child
  1 16 care facility, residing in a child care facility, receiving
  1 17 public funding for providing child care, or providing child
  1 18 care as a child care home provider, or residing in a child
  1 19 care home.
  1 20    Sec. 2.  Section 237A.2, subsection 5, Code 2003, is
  1 21 amended to read as follows:
  1 22    5.  If the department has denied or revoked a license
  1 23 because the applicant or person has continually or repeatedly
  1 24 failed to operate a licensed center in compliance with this
  1 25 chapter and rules adopted pursuant to this chapter, the person
  1 26 shall not own or operate a child care center for a period of
  1 27 twelve months from the date the license is denied or revoked.
  1 28 The department shall not act on an application for a license
  1 29 submitted by the applicant or person during the twelve-month
  1 30 period.  The applicant or person shall be prohibited from
  1 31 involvement with child care unless the involvement is
  1 32 specifically permitted by the department.
  1 33    Sec. 3.  Section 237A.3, Code 2003, is amended to read as
  1 34 follows:
  1 35    237A.3  CHILD CARE HOMES.
  2  1    1.  A person or program providing child care to five
  2  2 children or fewer at any one time is a child care home
  2  3 provider and is not required to register under section 237A.3A
  2  4 as a child development home.  However, the person or program
  2  5 may register as a child development home.
  2  6    2.  If a person or program has been prohibited by the
  2  7 department from involvement with child care, the person or
  2  8 program shall not provide child care as a child care home
  2  9 provider and is subject to penalty under section 237A.19 or
  2 10 injunction under section 237A.20 for doing so.
  2 11    Sec. 4.  Section 237A.3A, subsection 2, Code 2003, is
  2 12 amended to read as follows:
  2 13    2.  REVOCATION OR DENIAL OF REGISTRATION.  If the
  2 14 department has denied or revoked a certificate of registration
  2 15 because a person has continually or repeatedly failed to
  2 16 operate a registered or licensed child care facility in
  2 17 compliance with this chapter and rules adopted pursuant to
  2 18 this chapter, the person shall not operate or establish a
  2 19 registered child development home for a period of twelve
  2 20 months from the date the registration or license was denied or
  2 21 revoked.  The department shall not act on an application for
  2 22 registration submitted by the person during the twelve-month
  2 23 period.  The applicant or person shall be prohibited from
  2 24 involvement with child care unless the involvement is
  2 25 specifically permitted by the department.
  2 26    Sec. 5.  Section 237A.5, subsection 2, Code 2003, is
  2 27 amended to read as follows:
  2 28    2.  a.  If a For the purposes of this section, unless the
  2 29 context otherwise requires:
  2 30    (1)  "Person subject to an evaluation" means a person who
  2 31 has committed a transgression and who is described by any of
  2 32 the following:
  2 33    (a)  The person is being considered for licensure or
  2 34 registration or is registered or licensed under this chapter,
  2 35 or.
  3  1    (b)  The person is being considered by a child care
  3  2 facility for employment involving direct responsibility for a
  3  3 child or with access to a child when the child is alone, by a
  3  4 child care facility subject to licensure or registration under
  3  5 this chapter, or if a or is employed with such
  3  6 responsibilities.
  3  7    (c)  The person will reside or resides in a child care
  3  8 facility, and if the person has been convicted of a crime or
  3  9 has a record of founded child abuse, the department shall
  3 10 perform an evaluation to determine whether the crime or
  3 11 founded child abuse warrants prohibition of licensure,
  3 12 registration, employment, or residence in the facility.
  3 13    (d)  The person has applied for or receives public funding
  3 14 for providing child care.
  3 15    (e)  The person will reside or resides in a child care home
  3 16 that is not registered under this chapter but that receives
  3 17 public funding for providing child care.
  3 18    (2)  "Transgression" means the existence of any of the
  3 19 following in a person's record:
  3 20    (a)  Conviction of a crime.
  3 21    (b)  A record of having committed founded child or
  3 22 dependent adult abuse.
  3 23    (c)  Listing in the sex offender registry under chapter
  3 24 692A.
  3 25    (d)  A record of having committed a public or civil
  3 26 offense.
  3 27    (e)  The department has revoked a child care facility
  3 28 registration or license due to the person's continued or
  3 29 repeated failure to operate the child care facility in
  3 30 compliance with this chapter and rules adopted pursuant to
  3 31 this chapter.
  3 32    b.  The department shall conduct criminal and child abuse
  3 33 record checks in this state and may conduct these checks in
  3 34 other states.  The In addition, the department may conduct
  3 35 dependent adult abuse, sex offender registry, and other public
  4  1 or civil offense record checks in this state or in other
  4  2 states.  If the department identifies an individual as a
  4  3 person subject to an evaluation, an evaluation shall be
  4  4 performed to determine whether prohibition of the person's
  4  5 involvement with child care is warranted.  The evaluation
  4  6 shall be performed in accordance with procedures adopted for
  4  7 this purpose by the department.
  4  8    b.  If the department determines that a person has
  4  9 committed a crime or has a record of founded child abuse and
  4 10 is licensed, employed by a licensee or registrant or
  4 11 registered under this chapter, or resides in a licensed or
  4 12 registered facility Prior to performing an evaluation, the
  4 13 department shall notify the affected person, licensee, or
  4 14 registrant, or child care home applying for or receiving
  4 15 public funding for providing child care, that an evaluation
  4 16 will be conducted to determine whether prohibition of the
  4 17 person's licensure, registration, employment, or residence
  4 18 involvement with child care is warranted.
  4 19    c.  In an evaluation, the department shall consider the
  4 20 nature and seriousness of the crime or founded child abuse
  4 21 transgression in relation to the position sought or held, the
  4 22 time elapsed since the commission of the crime or founded
  4 23 child abuse transgression, the circumstances under which the
  4 24 crime or founded child abuse transgression was committed, the
  4 25 degree of rehabilitation, the likelihood that the person will
  4 26 commit the crime or founded child abuse transgression again,
  4 27 and the number of crimes or founded child abuses
  4 28 transgressions committed by the person involved.  In addition
  4 29 to record check information, the department may utilize
  4 30 information from the department's case records in performing
  4 31 the evaluation.  The department may permit a person who is
  4 32 evaluated to be licensed, registered, employed, or to reside,
  4 33 or to continue to be licensed, registered, employed, or to
  4 34 reside in a licensed facility maintain involvement with child
  4 35 care, if the person complies with the department's conditions
  5  1 and corrective action plan relating to the person's licensure,
  5  2 registration, employment, or residence, which may include
  5  3 completion of additional training involvement with child care.
  5  4 The department has final authority in determining whether
  5  5 prohibition of the person's licensure, registration,
  5  6 employment, or residence involvement with child care is
  5  7 warranted and in developing any conditional requirements and
  5  8 corrective action plan under this paragraph.
  5  9    d.  If the department determines that the person has
  5 10 committed a crime or has a record of founded child abuse which
  5 11 warrants prohibition of licensure, registration, employment,
  5 12 or residence, the person shall not be licensed or registered
  5 13 under this chapter to operate a child care facility and shall
  5 14 not be employed by a licensee or registrant or reside in a
  5 15 facility licensed or registered under this chapter.
  5 16    d.  (1)  A person subject to an evaluation shall be
  5 17 prohibited from involvement with child care if the person has
  5 18 a record of founded child or dependent adult abuse that was
  5 19 determined to be sexual abuse, the person is listed on the sex
  5 20 offender registry under chapter 692A, or the person has
  5 21 committed any of the following felony-level offenses:
  5 22    (a)  Child endangerment or neglect or abandonment of a
  5 23 dependent person.
  5 24    (b)  Domestic abuse.
  5 25    (c)  A crime against a child including but not limited to
  5 26 sexual exploitation of a minor.
  5 27    (d)  A forcible felony.
  5 28    (2)  If, within five years prior to the date of application
  5 29 for registration or licensure under this chapter, for
  5 30 employment or residence in a child care facility or child care
  5 31 home, or for receipt of public funding for providing child
  5 32 care, a person subject to an evaluation has been convicted of
  5 33 a controlled substance offense under chapter 124 or has been
  5 34 found to have committed physical abuse, the person shall be
  5 35 prohibited from involvement with child care for a period of
  6  1 five years from the date of conviction or founded abuse.
  6  2 After the five-year prohibition period, the person may submit
  6  3 an application for registration or licensure under this
  6  4 chapter, or to receive public funding for providing child care
  6  5 or may request an evaluation, and the department shall perform
  6  6 an evaluation and, based upon the criteria in paragraph "c",
  6  7 shall determine whether prohibition of the person's
  6  8 involvement with child care continues to be warranted.
  6  9    e.  If the department determines, through an evaluation of
  6 10 a person's transgression, that the person's prohibition of
  6 11 involvement with child care is warranted, the person shall be
  6 12 prohibited from involvement with child care.  The department
  6 13 may identify a period of time after which the person may
  6 14 request that another record check and evaluation be performed.
  6 15 A person who continues involvement with child care in
  6 16 violation of this subsection is subject to penalty under
  6 17 section 237A.19 or injunction under section 237A.20.
  6 18    e. f.  If it has been determined that a child receiving
  6 19 child care from a child care facility or a child care home
  6 20 which receives public funding for providing child care is the
  6 21 victim of founded child abuse committed by an employee,
  6 22 license or registration holder, child care home provider, or
  6 23 resident of the child care facility or child care home for
  6 24 which a report is placed in the central registry pursuant to
  6 25 section 232.71D, the administrator shall provide notification
  6 26 at the time of the determination to the parents, guardians,
  6 27 and custodians of children receiving care from the facility or
  6 28 child care home.  A notification made under this paragraph
  6 29 shall identify the type of abuse but shall not identify the
  6 30 victim or perpetrator or circumstances of the founded abuse.
  6 31    Sec. 6.  Section 237A.5, subsections 3 and 6, Code 2003,
  6 32 are amended by striking the subsections.
  6 33    Sec. 7.  Section 237A.13, subsection 1, paragraph d, Code
  6 34 2003, is amended to read as follows:
  6 35    d.  The child's parent, guardian, or custodian is absent
  7  1 for a limited period of time due to hospitalization, physical
  7  2 illness, or mental illness, or is present but is unable to
  7  3 care for the child for a limited period as verified by a
  7  4 physician.
  7  5    Sec. 8.  Section 237A.13, subsection 4, Code 2003, is
  7  6 amended by adding the following new paragraph:
  7  7    NEW PARAGRAPH.  d.  A child in a family that is eligible
  7  8 for state child care assistance and that receives a state
  7  9 adoption subsidy for the child.
  7 10    Sec. 9.  Section 237A.19, Code 2003, is amended by adding
  7 11 the following new subsection:
  7 12    NEW SUBSECTION.  3.  A person who establishes, conducts,
  7 13 manages, or operates a child care home in violation of section
  7 14 237A.3, subsection 2, or a person or program that has been
  7 15 prohibited by the department from involvement with child care
  7 16 but continues that involvement commits a simple misdemeanor.
  7 17 Each day of continuing violation after conviction, or notice
  7 18 from the department by certified mail of the violation, is a
  7 19 separate offense.  A single charge alleging continuing
  7 20 violation may be made in lieu of filing charges for each day
  7 21 of violation.
  7 22    Sec. 10.  Section 237A.20, Code 2003, is amended to read as
  7 23 follows:
  7 24    237A.20  INJUNCTION.
  7 25    A person who establishes, conducts, manages, or operates a
  7 26 center without a license or a child development home without a
  7 27 certificate of registration, if registration is required under
  7 28 section 237A.3A, may be restrained by temporary or permanent
  7 29 injunction.  A person who has been convicted of a crime
  7 30 against a person, or a person with a record of founded child
  7 31 abuse, or a person who has been prohibited by the department
  7 32 from involvement with child care may be restrained by
  7 33 temporary or permanent injunction from providing unregistered,
  7 34 registered, or licensed child care or from other involvement
  7 35 with child care.  The action may be instituted by the state,
  8  1 the county attorney, a political subdivision of the state, or
  8  2 an interested person.
  8  3    Sec. 11.  Section 237A.29, subsection 2, paragraph b, Code
  8  4 2003, is amended to read as follows:
  8  5    b.  A child care provider that has been found by the
  8  6 department of inspections and appeals in an administrative
  8  7 proceeding or in a judicial proceeding to have obtained, or
  8  8 has agreed to entry of a civil judgment or judgment by
  8  9 confession that includes a conclusion of law that the child
  8 10 care provider has obtained, by fraudulent means, public
  8 11 funding for provision of child care in an amount equal to or
  8 12 in excess of the minimum amount for a fraudulent practice in
  8 13 the second degree under section 714.10, subsection 1, shall be
  8 14 subject to sanction in accordance with this subsection.  Such
  8 15 child care provider shall be subject to a period during which
  8 16 receipt of public funding for provision of child care is
  8 17 conditioned upon no further violations and to one or more of
  8 18 the following sanctions as determined by the department and
  8 19 imposed in an administrative proceeding of human services:
  8 20    Sec. 12.  Section 237A.29, subsection 3, paragraphs a and
  8 21 b, Code 2003, are amended to read as follows:
  8 22    a.  If a child care provider is subject to sanctions under
  8 23 subsection 2, within five business days of the date the
  8 24 sanctions were imposed, the provider shall submit to the
  8 25 department the names and addresses of children receiving child
  8 26 care from the provider.  The department shall send information
  8 27 to the parents of the children regarding the provider's
  8 28 actions leading to the imposition of the sanctions and the
  8 29 nature of the sanctions imposed.  If the provider fails to
  8 30 submit the names and addresses within five business days of
  8 31 the department notifying the provider, the department shall
  8 32 suspend the provider's registration or license under this
  8 33 chapter until the names and addresses are provided.
  8 34    b.  In addition to applying the suspension If the child
  8 35 care provider fails to submit the names and addresses within
  9  1 the time period required by paragraph "a", the department may
  9  2 shall request that the attorney general file a petition with
  9  3 the district court of the county in which the provider is
  9  4 located for issuance of a temporary injunction enjoining the
  9  5 provider from providing child care until the names and
  9  6 addresses are submitted to the department.  The attorney
  9  7 general may file the petition upon receiving the request from
  9  8 the department.  Any temporary injunction may be granted
  9  9 without a bond being required from the department.  
  9 10 
  9 11 
  9 12                                                             
  9 13                               MARY E. KRAMER
  9 14                               President of the Senate
  9 15 
  9 16 
  9 17                                                             
  9 18                               CHRISTOPHER C. RANTS
  9 19                               Speaker of the House
  9 20 
  9 21    I hereby certify that this bill originated in the Senate and
  9 22 is known as Senate File 351, Eightieth General Assembly.
  9 23 
  9 24 
  9 25                                                             
  9 26                               MICHAEL E. MARSHALL
  9 27                               Secretary of the Senate
  9 28 Approved                , 2003
  9 29 
  9 30 
  9 31                                
  9 32 THOMAS J. VILSACK
  9 33 Governor
     

Text: SF00350                           Text: SF00352
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 2003 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 Jun 19 02:30:01 CDT 2003
URL: /DOCS/GA/80GA/Legislation/SF/00300/SF00351/030421.html
jhf