Text: SSB03009 Text: SSB03011 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.69, subsection 1, unnumbered 1 2 paragraph 1, Code Supplement 2003, is amended to read as 1 3 follows: 1 4 The classes of persons enumerated in this subsection shall 1 5 make a report within twenty-four hours and as provided in 1 6 section 232.70, of cases of child abuse. In addition, the 1 7 classes of persons enumerated in this subsection shall make a 1 8 report of abuse of a child who is undertwelvesixteen years 1 9 of age and may make a report of abuse of a child who istwelve1 10 sixteen years of age or older, which would be defined as child 1 11 abuse under section 232.68, subsection 2, paragraph "c" or 1 12 "e", except that the abuse resulted from the acts or omissions 1 13 of a person other than a person responsible for the care of 1 14 the child. 1 15 Sec. 2. Section 232.69, subsection 1, paragraph b, Code 1 16 Supplement 2003, is amended by adding the following new 1 17 subparagraph: 1 18 NEW SUBPARAGRAPH. (13) A member of the clergy. However, 1 19 if the belief that a child has suffered abuse arises from 1 20 information obtained only during a penitential communication, 1 21 the clergy member is not subject to the requirement to make 1 22 the report. This subparagraph shall not be construed to 1 23 modify or limit a clergy member's duty to report the belief 1 24 that a child has been abused when the clergy member is acting 1 25 in some other capacity that would otherwise make the clergy 1 26 member a mandatory reporter of abuse. For the purposes of 1 27 this subparagraph, unless the context otherwise requires: 1 28 (a) "Clergy member" or "member of the clergy" means an 1 29 individual who is designated as clergy by ordination, 1 30 licensing, or other form of entitlement by the religious group 1 31 or sect with whom the individual is affiliated. 1 32 (b) "Penitential communication" means a communication 1 33 intended to be in confidence, including but not limited to a 1 34 sacramental confession made to a clergy member who, in the 1 35 course of the discipline or practice of the clergy member's 2 1 religious group or sect, is authorized to hear those 2 2 communications, and under the discipline, practice, tenets, or 2 3 customs of the religious group or sect, the clergy member has 2 4 the duty to keep the communication secret. 2 5 Sec. 3. Section 232.69, subsection 3, paragraph b, Code 2 6 Supplement 2003, is amended to read as follows: 2 7 b. A person required to make a report under subsection 1, 2 8 other than a physician whose professional practice does not 2 9 regularly involve providing primary health care to children or 2 10 a member of the clergy, shall complete two hours of training 2 11 relating to the identification and reporting of child abuse 2 12 within six months of initial employment or self-employment 2 13 involving the examination, attending, counseling, or treatment 2 14 of children on a regular basis. Within one month of initial 2 15 employment or self-employment, the person shall obtain a 2 16 statement of the abuse reporting requirements from the 2 17 person's employer or, if self-employed, from the department. 2 18 The person shall complete at least two hours of additional 2 19 child abuse identification and reporting training every five 2 20 years. 2 21 EXPLANATION 2 22 This bill relates to child abuse reporting by increasing 2 23 the child age for mandatory reporting of suspected child 2 24 sexual abuse perpetrated by a person other than the person 2 25 responsible for the care of the child and requiring members of 2 26 the clergy to be mandatory reporters of child abuse under 2 27 certain circumstances. 2 28 Under existing law, a finding of child abuse requires that 2 29 the abuse results from the act or omissions of a "person 2 30 responsible for the care of a child" as defined in Code 2 31 section 232.68. The term includes a parent, guardian, foster 2 32 parent, relative, other person with whom the child resides, 2 33 care provider, or other person who assumes care or supervision 2 34 of a child. However, existing law requires mandatory 2 35 reporters to also report suspected sex abuse of a child who is 3 1 under age 12 by a person who is not a caretaker of the child 3 2 and provides for voluntary reporting of such abuse for older 3 3 children. The bill increases the child age for mandatory 3 4 reporting of suspected sexual abuse of a child by a 3 5 noncaretaker from under age 12 to under age 16. Under 3 6 existing law, the department of human services is required to 3 7 refer such reports to the appropriate law enforcement agency 3 8 having jurisdiction to investigate the allegation. 3 9 The bill requires a member of the clergy who, in the scope 3 10 of professional practice or in the clergy member's employment 3 11 responsibilities, examines, attends, counsels, or treats a 3 12 child and reasonably believes a child has suffered abuse to be 3 13 a mandatory reporter of that abuse. An exception is made so 3 14 that reporting is not required when information regarding the 3 15 abuse was obtained only during a penitential communication. 3 16 The bill exempts clergy from the requirement for regular 3 17 training otherwise applicable to mandatory reporters. 3 18 A mandatory reporter of child abuse who knowingly fails to 3 19 report the abuse commits a crime that is punishable as a 3 20 simple misdemeanor and creates a civil liability for damages 3 21 proximately caused by the failure to report. 3 22 LSB 5588XC 80 3 23 jp/pj/5
Text: SSB03009 Text: SSB03011 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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