Text: SSB01156 Text: SSB01158 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 237A.1, Code 2003, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 10A. "Involvement with child care" means 1 4 licensed or registered under this chapter, employed in a child 1 5 care facility, residing in a child care facility, receiving 1 6 public funding for providing child care, or providing child 1 7 care as a child care home provider, or residing in a child 1 8 care home. 1 9 Sec. 2. Section 237A.2, subsection 5, Code 2003, is 1 10 amended to read as follows: 1 11 5. If the department has denied or revoked a license 1 12 because the applicant or person has continually or repeatedly 1 13 failed to operate a licensed center in compliance with this 1 14 chapter and rules adopted pursuant to this chapter, the person 1 15 shall not own or operate a child care center for a period of 1 16 twelve months from the date the license is denied or revoked. 1 17 The department shall not act on an application for a license 1 18 submitted by the applicant or person during the twelve-month 1 19 period. The applicant or person shall be prohibited from 1 20 involvement with child care unless the involvement is 1 21 specifically permitted by the department. 1 22 Sec. 3. Section 237A.3, Code 2003, is amended to read as 1 23 follows: 1 24 237A.3 CHILD CARE HOMES. 1 25 1. A person or program providing child care to five 1 26 children or fewer at any one time is a child care home 1 27 provider and is not required to register under section 237A.3A 1 28 as a child development home. However, the person or program 1 29 may register as a child development home. 1 30 2. If a person or program has been prohibited by the 1 31 department from involvement with child care, the person or 1 32 program shall not provide child care as a child care home 1 33 provider and is subject to penalty under section 237A.19 or 1 34 injunction under section 237A.20 for doing so. 1 35 Sec. 4. Section 237A.3A, subsection 2, Code 2003, is 2 1 amended to read as follows: 2 2 2. REVOCATION OR DENIAL OF REGISTRATION. If the 2 3 department has denied or revoked a certificate of registration 2 4 because a person has continually or repeatedly failed to 2 5 operate a registered or licensed child care facility in 2 6 compliance with this chapter and rules adopted pursuant to 2 7 this chapter, the person shall not operate or establish a 2 8 registered child development home for a period of twelve 2 9 months from the date the registration or license was denied or 2 10 revoked. The department shall not act on an application for 2 11 registration submitted by the person during the twelve-month 2 12 period. The applicant or person shall be prohibited from 2 13 involvement with child care unless the involvement is 2 14 specifically permitted by the department. 2 15 Sec. 5. Section 237A.5, subsection 2, Code 2003, is 2 16 amended to read as follows: 2 17 2. a.If aFor the purposes of this section, unless the 2 18 context otherwise requires: 2 19 (1) "Person subject to an evaluation" means a person who 2 20 has committed a transgression and who is described by any of 2 21 the following: 2 22 (a) The person is being considered for licensure or 2 23 registration or is registered or licensed under this chapter,2 24or. 2 25 (b) The person is being considered by a child care 2 26 facility for employment involving direct responsibility for a 2 27 child or with access to a child when the child is alone, by a2 28child care facility subject to licensure or registration under2 29this chapter, or if aor is employed with such 2 30 responsibilities. 2 31 (c) The person will reside or resides in a child care 2 32 facility, and if the person has been convicted of a crime or2 33has a record of founded child abuse, the department shall2 34perform an evaluation to determine whether the crime or2 35founded child abuse warrants prohibition of licensure,3 1registration, employment, or residence in the facility. 3 2 (d) The person has applied for or receives public funding 3 3 for providing child care. 3 4 (e) The person will reside or resides in a child care home 3 5 that is not registered under this chapter but that receives 3 6 public funding for providing child care. 3 7 (2) "Transgression" means the existence of any of the 3 8 following in a person's record: 3 9 (a) Conviction of a crime. 3 10 (b) A record of having committed founded child or 3 11 dependent adult abuse. 3 12 (c) Listing in the sex offender registry under chapter 3 13 692A. 3 14 (d) A record of having committed a public or civil 3 15 offense. 3 16 (e) The department has revoked a child care facility 3 17 registration or license due to the person's continued or 3 18 repeated failure to operate the child care facility in 3 19 compliance with this chapter and rules adopted pursuant to 3 20 this chapter. 3 21 b. The department shall conduct criminal and child abuse 3 22 record checks in this state and may conduct these checks in 3 23 other states.TheIn addition, the department may conduct 3 24 dependent adult abuse, sex offender registry, and other public 3 25 or civil offense record checks in this state or in other 3 26 states. If the department identifies an individual as a 3 27 person subject to an evaluation, an evaluation shall be 3 28 performed to determine whether prohibition of the person's 3 29 involvement with child care is warranted. The evaluation 3 30 shall be performed in accordance with procedures adopted for 3 31 this purpose by the department. 3 32b. If the department determines that a person has3 33committed a crime or has a record of founded child abuse and3 34is licensed, employed by a licensee or registrant or3 35registered under this chapter, or resides in a licensed or4 1registered facilityPrior to performing an evaluation, the 4 2 department shall notify the affected person, licensee,or4 3 registrant, or child care home applying for or receiving 4 4 public funding for providing child care, that an evaluation 4 5 will be conducted to determine whether prohibition of the 4 6 person'slicensure, registration, employment, or residence4 7 involvement with child care is warranted. 4 8 c. In an evaluation, the department shall consider the 4 9 nature and seriousness of thecrime or founded child abuse4 10 transgression in relation to the position sought or held, the 4 11 time elapsed since the commission of thecrime or founded4 12child abusetransgression, the circumstances under which the 4 13crime or founded child abusetransgression was committed, the 4 14 degree of rehabilitation, the likelihood that the person will 4 15 commit thecrime or founded child abusetransgression again, 4 16 and the number ofcrimes or founded child abuses4 17 transgressions committed by the person involved. In addition 4 18 to record check information, the department may utilize 4 19 information from the department's case records in performing 4 20 the evaluation. The department may permit a person who is 4 21 evaluated tobe licensed, registered, employed, or to reside,4 22or to continue to be licensed, registered, employed, or to4 23reside in a licensed facilitymaintain involvement with child 4 24 care, if the person complies with the department's conditions 4 25 and corrective action plan relating to the person'slicensure,4 26registration, employment, or residence, which may include4 27completion of additional traininginvolvement with child care. 4 28 The department has final authority in determining whether 4 29 prohibition of the person'slicensure, registration,4 30employment, or residenceinvolvement with child care is 4 31 warranted and in developing any conditional requirements and 4 32 corrective action plan under this paragraph. 4 33d. If the department determines that the person has4 34committed a crime or has a record of founded child abuse which4 35warrants prohibition of licensure, registration, employment,5 1or residence, the person shall not be licensed or registered5 2under this chapter to operate a child care facility and shall5 3not be employed by a licensee or registrant or reside in a5 4facility licensed or registered under this chapter.5 5 d. (1) A person subject to an evaluation shall be 5 6 prohibited from involvement with child care if the person has 5 7 a record of founded child or dependent adult abuse that was 5 8 determined to be sexual abuse, the person is listed on the sex 5 9 offender registry under chapter 692A, or the person has 5 10 committed any of the following felony-level offenses: 5 11 (a) Child endangerment or neglect or abandonment of a 5 12 dependent person. 5 13 (b) Domestic abuse. 5 14 (c) A crime against a child including but not limited to 5 15 sexual exploitation of a minor. 5 16 (d) A forcible felony. 5 17 (2) If, within five years prior to the date of application 5 18 for registration or licensure under this chapter, for 5 19 employment or residence in a child care facility or child care 5 20 home, or for receipt of public funding for providing child 5 21 care, a person subject to an evaluation has been convicted of 5 22 a controlled substance offense under chapter 124 or has been 5 23 found to have committed physical abuse, the person shall be 5 24 prohibited from involvement with child care for a period of 5 25 five years from the date of conviction or founded abuse. 5 26 After the five-year prohibition period, the person may submit 5 27 an application for registration or licensure under this 5 28 chapter, or to receive public funding for providing child care 5 29 or may request an evaluation, and the department shall perform 5 30 an evaluation and, based upon the criteria in paragraph "c", 5 31 shall determine whether prohibition of the person's 5 32 involvement with child care continues to be warranted. 5 33 e. If the department determines, through an evaluation of 5 34 a person's transgression, that the person's prohibition of 5 35 involvement with child care is warranted, the person shall be 6 1 prohibited from involvement with child care. The department 6 2 may identify a period of time after which the person may 6 3 request that another record check and evaluation be performed. 6 4 A person who continues involvement with child care in 6 5 violation of this subsection is subject to penalty under 6 6 section 237A.19 or injunction under section 237A.20. 6 7e.f. If it has been determined that a child receiving 6 8 child care from a child care facility or a child care home 6 9 which receives public funding for providing child care is the 6 10 victim of founded child abuse committed by an employee, 6 11 license or registration holder, child care home provider, or 6 12 resident of the child care facility or child care home for 6 13 which a report is placed in the central registry pursuant to 6 14 section 232.71D, the administrator shall provide notification 6 15 at the time of the determination to the parents, guardians, 6 16 and custodians of children receiving care from the facility or 6 17 child care home. A notification made under this paragraph 6 18 shall identify the type of abuse but shall not identify the 6 19 victim or perpetrator or circumstances of the founded abuse. 6 20 Sec. 6. Section 237A.5, subsections 3 and 6, Code 2003, 6 21 are amended by striking the subsections. 6 22 Sec. 7. Section 237A.13, subsection 1, paragraph d, Code 6 23 2003, is amended to read as follows: 6 24 d. The child's parent, guardian, or custodian is absent 6 25 for a limited period of time due to hospitalization, physical 6 26 illness, or mental illness, or is present but is unable to 6 27 care for the child for a limited period as verified by a 6 28 physician. 6 29 Sec. 8. Section 237A.13, subsection 4, Code 2003, is 6 30 amended by adding the following new paragraph: 6 31 NEW PARAGRAPH. d. A child in a family that is eligible 6 32 for state child care assistance and that receives a state 6 33 adoption subsidy for the child. 6 34 Sec. 9. Section 237A.19, Code 2003, is amended by adding 6 35 the following new subsection: 7 1 NEW SUBSECTION. 3. A person who establishes, conducts, 7 2 manages, or operates a child care home in violation of section 7 3 237A.3, subsection 2, or a person or program that has been 7 4 prohibited by the department from involvement with child care 7 5 but continues that involvement commits a simple misdemeanor. 7 6 Each day of continuing violation after conviction, or notice 7 7 from the department by certified mail of the violation, is a 7 8 separate offense. A single charge alleging continuing 7 9 violation may be made in lieu of filing charges for each day 7 10 of violation. 7 11 Sec. 10. Section 237A.20, Code 2003, is amended to read as 7 12 follows: 7 13 237A.20 INJUNCTION. 7 14 A person who establishes, conducts, manages, or operates a 7 15 center without a license or a child development home without a 7 16 certificate of registration, if registration is required under 7 17 section 237A.3A, may be restrained by temporary or permanent 7 18 injunction. A person who has been convicted of a crime 7 19 against a person,ora person with a record of founded child 7 20 abuse, or a person who has been prohibited by the department 7 21 from involvement with child care may be restrained by 7 22 temporary or permanent injunction from providing unregistered, 7 23 registered, or licensed child care or from other involvement 7 24 with child care. The action may be instituted by the state, 7 25 the county attorney, a political subdivision of the state, or 7 26 an interested person. 7 27 Sec. 11. Section 237A.29, subsection 2, paragraph b, Code 7 28 2003, is amended to read as follows: 7 29 b. A child care provider that has been found by the 7 30 department of inspections and appeals in an administrative 7 31 proceeding or in a judicial proceeding to have obtained, or 7 32 has agreed to entry of a civil judgment or judgment by 7 33 confession that includes a conclusion of law that the child 7 34 care provider has obtained, by fraudulent means, public 7 35 funding for provision of child care in an amount equal to or 8 1 in excess of the minimum amount for a fraudulent practice in 8 2 the second degree under section 714.10, subsection 1, shall be 8 3 subject to sanction in accordance with this subsection. Such 8 4 child care provider shall be subject to a period during which 8 5 receipt of public funding for provision of child care is 8 6 conditioned upon no further violations and to one or more of 8 7 the following sanctions as determined by the departmentand8 8imposed in an administrative proceedingof human services: 8 9 Sec. 12. Section 237A.29, subsection 3, paragraphs a and 8 10 b, Code 2003, are amended to read as follows: 8 11 a. If a child care provider is subject to sanctions under 8 12 subsection 2, within five business days of the date the 8 13 sanctions were imposed, the provider shall submit to the 8 14 department the names and addresses of children receiving child 8 15 care from the provider. The department shall send information 8 16 to the parents of the children regarding the provider's 8 17 actions leading to the imposition of the sanctions and the 8 18 nature of the sanctions imposed.If the provider fails to8 19submit the names and addresses within five business days of8 20the department notifying the provider, the department shall8 21suspend the provider's registration or license under this8 22chapter until the names and addresses are provided.8 23 b.In addition to applying the suspensionIf the child 8 24 care provider fails to submit the names and addresses within 8 25 the time period required by paragraph "a", the departmentmay8 26 shall request that the attorney general or county attorney 8 27 file a petition with the district court of the county in which 8 28 the provider is located for issuance of a temporary injunction 8 29 enjoining the provider from providing child care until the 8 30 names and addresses are submitted to the department. The 8 31 attorney generalmayor county attorney shall file the 8 32 petition upon receiving the request from the department. Any 8 33 temporary injunction may be granted without a bond being 8 34 required from the department. 8 35 EXPLANATION 9 1 This bill relates to child care requirements involving 9 2 prohibitions against involvement with child care, record 9 3 checks and evaluations performed by the department of human 9 4 services, eligibility for state assistance, and child care 9 5 fraud program sanctions under Code chapter 237A, relating to 9 6 child care facilities. 9 7 The bill inserts a new definition into Code section 237A.1, 9 8 the Code chapter's general definitions section. "Involvement 9 9 with child care" means child care licensure, registration, 9 10 employment, receipt of public funding for providing child 9 11 care, providing child care as a child care home provider, or 9 12 residence in a child care facility or a child care home. 9 13 The bill amends Code section 237A.2, relating to licensing 9 14 of child care facilities, to provide that if the department 9 15 has denied or revoked a license because an applicant or person 9 16 has continually or repeatedly failed to operate a licensed 9 17 center in compliance with law and rules, the person is also 9 18 prohibited from any involvement with child care unless the 9 19 involvement is specifically permitted by the department. 9 20 Code section 237A.3, relating to unregistered child care 9 21 homes, is amended to provide that if a person or program has 9 22 been prohibited by the department from involvement with child 9 23 care, the person or program cannot provide unregistered care 9 24 as a child care home provider. 9 25 Code section 237A.3A, relating to registered child 9 26 development homes, is amended to provide that if the 9 27 department has denied or revoked a certificate of registration 9 28 because a person has continually or repeatedly failed to 9 29 operate a registered or licensed child care facility in 9 30 compliance with law and rules, the person is also prohibited 9 31 from involvement with child care unless the involvement is 9 32 specifically permitted by the department. 9 33 The bill substantially rewrites Code section 237A.5 9 34 provisions relating to personnel who provide child care. 9 35 Current law requires the department of human services to 10 1 perform criminal and child abuse record checks and authorizes 10 2 dependent adult abuse record checks of persons subject to 10 3 child care regulatory requirements. The bill adds new 10 4 definitions of the terms "person subject to an evaluation" and 10 5 "transgression". The new definitions expand existing optional 10 6 record checks to include the sex offender registry and public 10 7 or civil offenses. "Transgression" means a record indicating 10 8 a person committed founded child or dependent adult abuse, is 10 9 listed in the sex offender registry, has committed a public or 10 10 civil offense, or a child care facility registration or 10 11 license was revoked due to the person's continual or repeated 10 12 failure to comply with requirements. The bill provides that a 10 13 person who has a record of such a transgression is subject to 10 14 evaluation by the department to determine whether the person's 10 15 involvement with child care should be prohibited. The bill 10 16 provides that if a person's involvement with child care is 10 17 prohibited, the department may specify a time period after 10 18 which a person may request that another record check and 10 19 evaluation be performed. 10 20 Current law provides that a person who receives public 10 21 funds for providing child care but who is not registered or 10 22 licensed to provide child care is subject to record check, 10 23 evaluation, and prohibition requirements as though the person 10 24 was registered or licensed. The bill incorporates this 10 25 separate requirement into the rewritten provisions and expands 10 26 the restriction to include both those persons receiving public 10 27 funding for providing child care and those residing with such 10 28 a person. 10 29 Current law provides that the department may allow a person 10 30 with a record of a transgression to continue to provide child 10 31 care or to reside in a child care facility, subject to 10 32 conditions imposed by the department. The bill applies an 10 33 absolute prohibition against a person's involvement with child 10 34 care for persons who committed certain felony-level 10 35 transgressions or founded sexual abuse, or if the person is 11 1 listed in the sex offender registry. In addition, the bill 11 2 applies a five-year period of prohibition for any offense 11 3 involving a schedule I-V controlled substance or founded 11 4 physical abuse. 11 5 The bill revises waiting list eligibility requirements in 11 6 Code section 237A.13, relating to the state child care 11 7 assistance program. 11 8 The program's availability is limited to the funds 11 9 appropriated for the program and the department is authorized 11 10 to implement waiting lists for the program. However, there 11 11 are certain groups that are exempt from any waiting lists such 11 12 as those children receiving protective services. The bill 11 13 extends the waiting list exemption to a child in a family that 11 14 is eligible for state child care assistance and that receives 11 15 a state adoption subsidy for the child. 11 16 Current law provides eligibility for the program if a 11 17 child's parent, guardian, or custodian is absent due to 11 18 hospitalization or physical or mental illness. The bill 11 19 expands eligibility to such situations when the parent, 11 20 guardian, or custodian is present but unable to care for the 11 21 child for a limited period as verified by a physician. 11 22 Code section 237A.19, relating to criminal penalties for 11 23 violations of Code chapter 237A, is amended to provide that a 11 24 person prohibited by the department from involvement with 11 25 child care who continues that involvement commits a simple 11 26 misdemeanor. 11 27 Code section 237A.20, relating to injunction authority 11 28 under Code chapter 237A, is amended to provide that a person 11 29 prohibited by the department from involvement with child care 11 30 who continues that involvement may be restrained by temporary 11 31 or permanent injunction from providing unregistered, 11 32 registered, or licensed child care or from other involvement 11 33 with child care. 11 34 Under current law in Code section 237A.29, a child care 11 35 provider found to have obtained a certain level of pubic 12 1 funding by fraudulent means is subject to various sanctions 12 2 relating to the continued receipt of the funding. 12 3 The bill provides that the finding of fraud may be 12 4 determined by the department of inspections and appeals in an 12 5 administrative proceeding. The bill authorizes the sanction 12 6 to be imposed by the department of human services without an 12 7 administrative proceeding. 12 8 Current law requires that a provider subject to sanctions 12 9 must provide the names and addresses of the children receiving 12 10 services within five days or the department must suspend the 12 11 provider's license or registration. In addition to the 12 12 suspension in current law, the bill provides that the 12 13 department may request the attorney general to file a petition 12 14 for a temporary injunction enjoining the provider from 12 15 providing child care until the names and addresses are 12 16 provided. The attorney general may decide whether or not to 12 17 file the petition. Under the bill, if the provider does not 12 18 submit the names and addresses within five business days, the 12 19 department is required to request the attorney general or the 12 20 county attorney to file the petition. Upon receiving the 12 21 department's request, the bill requires the attorney general 12 22 or county attorney to file the petition. 12 23 LSB 1222DP 80 12 24 jp/cl/14.3
Text: SSB01156 Text: SSB01158 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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