1997 SUMMARY OF LEGISLATION

HUMAN SERVICES

HUMAN SERVICES LEGISLATION

SENATE FILE 131 - Fraudulent Practices Involving Public Assistance Benefits (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to fraudulent practices involving Family Investment and Medical Assistance (Medicaid) Program benefits and makes penalties applicable.
The Family Investment Program, Code Chapter 239, was stricken and reenacted as new Code Chapter 239B in S.F. 516. The fraudulent practice provisions enacted in this Act were incorporated in new Code Chapter 239B. Consequently, the provisions of this Act relating to Code Chapter 239 were repealed in S.F. 542 (see Appropriations).
Code Section 249A.7 relates to investigations and audits of fraudulent practices involving payment under medical assistance for aid, services or merchandise when an applicant has not provided facts needed. The section is amended to include as a fraudulent practice knowingly making or causing to be made, a false statement, a misrepresentation of facts, or knowingly failing to disclose material facts required of an applicant or concerning an applicant's eligibility.
Code Section 249A.8 relates to fraudulent practices involving an application for payment under the Medical Assistance Program for services or merchandise rendered or purportedly rendered by a provider under the program. The section is amended to include as a fraudulent practice knowingly failing to disclose material facts in an application by a provider for payment.
The criminal penalties for fraudulent practices are found in Code Chapter 714. Code Chapter 714 provides for five degrees of fraudulent practices based upon the dollar value of the fraudulent act ranging from first degree involving a value in excess of $10,000, which is a class "C" felony, to the fifth degree involving a value of less than $100, which is a simple misdemeanor.

SENATE FILE 516 - Public Assistance Revisions — Family Investment and Other Programs (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act relates to the Family Investment Program or FIP (formerly known as Aid to Families With Dependent Children or AFDC), administered by the Department of Human Services (DHS), by repealing and reenacting the Code chapters associated with the program.
Iowa enacted major changes to the AFDC program in session law beginning with the 1993 Legislative Session, including a name change to FIP. These changes required federal waivers which were modified in some fashion annually. The entitlement nature of the program ended with the August 1996 passage of the federal welfare reform law, the Personal Responsibility and Work Opportunity Act of 1996. Instead, federal funding is provided in the form of a block grant called Temporary Assistance to Needy Families or TANF. The block grant authorized states to exercise a much greater degree of program flexibility than previously permitted. Iowa elected to apply its existing waiver provisions to all eligible persons and end the control group required under the federal waivers. This Act repeals Code Chapter 239, the FIP chapter, and Chapter 249C, relating to the Job Opportunity and Basic Skills (JOBS) Program for FIP participants, and with some modifications to the session law provisions, enacts the waiver requirements combining the two chapters into new Code Chapter 239B.
The federal law requires states to deny FIP and food stamp benefits to persons with a felony drug conviction, unless the state enacts a law to provide for continued benefits. This Act provides for continued benefits in the two programs with language regarding participation in drug rehabilitation or other eligibility requirements.
The Act defines "PROMISE JOBS Program" or "JOBS Program," which is a modified acronym for the Promoting Independence and Self-Sufficiency Through Employment Job Opportunities and Basic Skills Program created by the Act. The Act sets out conditions of eligibility for the program, including application and periodic review requirements, income and resource criteria used to determine initial and continuing eligibility, restrictions on parent unemployment status, requirements for a participant family to enter into a family investment agreement with DHS, requirements to provide information to DHS, provisions for a limited benefit plan if certain requirements are not met, provisions for cooperation with child support recovery, and payment provisions when a participant is temporarily out of the state.
The Act directs the department to provide cash assistance and other benefits under the chapter. In calculating a cash assistance grant for a family the department is to take into consideration various circumstances such as family size, income and resources. The program is to provide a maximum $400 funeral expense benefit under certain conditions for the death of a child who participated or was authorized to participate in the program. The program allows a specified relative to receive benefits on behalf of a child and in lieu of a parent. Unlike prior law, second cousins are authorized to be a specified relative effective July 1, 1997.
The Department of Human Services is designated to administer federal funds, develop and file state plans as required by federal law, and perform other administrative functions associated with the program. If required as a condition of receiving federal funding while the General Assembly is not in session, DHS may administer activities in conflict with state law. However, the authorization expires upon the adjournment of the next regular session of the General Assembly. In addition, the Act authorizes the department to submit waiver requests to the federal government, as necessary, to implement the chapter or any subsequent initiative.
The Act provides that an applicant for assistance under the program is deemed to have assigned to DHS the applicant's rights to current and accrued support payments to the extent of the amount of the assistance received. Assistance provided under the chapter cannot be transferred or assigned at law or equity and is not subject to other legal processes to transfer the assistance to another.
The Act delineates income and resource exemptions, deductions and disregards to be used by the department for purposes of a family's initial and continuing eligibility for FIP assistance and for determining assistance amounts.
The Act requires family investment agreements (FIAs) between DHS and FIP participants and delineates requirements applicable to the agreements. The Act removes provisions allowed under the FIP waiver which exempted parents of infants under three months of age and persons working 30 or more hours per week from entering into an agreement. This change will be phased in through July 1, 1998. Limited benefit plan sanctions are required for FIP participants who do not comply with requirements involving FIAs.
The Act includes special provisions for minor and young parents and for family planning requirements.
The Act creates a Family Investment Program Account in the State Treasury for funds received by the program. A diversion program subaccount is also created for funds to be used in providing incentives for diversion of applicants from FIP and to remove barriers to employment for FIP participants. House File 715 appropriates approximately $100 million in state and federal TANF block grant moneys to the account (see Appropriations).
The Act establishes immunization provisions applicable to children receiving FIP assistance.
The Act authorizes the department to provide for program participation by a child who is part of an eligible group headed by a specified relative and to pay cash assistance to a protective payee for a period of up to two years. In addition, the department may petition the court to appoint a conservator over a program participant to receive the cash assistance.
An individual who attempts to fraudulently obtain or who succeeds in fraudulently obtaining assistance or other benefits under the program by willfully omitting information or by other means, commits a fraudulent practice and the perpetrator is personally liable for the amount fraudulently obtained. See S.F. 131, which contains similar provisions. The county attorney is required to prosecute violations under new Code Chapter 239B and the area prosecutors of the Attorney General are required to assist in prosecutions.
Administrative hearings by the Department of Inspections and Appeals are available in the event an application is not acted upon in a reasonable time, or is denied in whole or in part, or benefits are modified, suspended or cancelled. Judicial review of the department's actions is subject to Code Chapter 17A, the Iowa Administrative Procedures Act.
The Act provides for repeal and reenactment of the provisions of Code Chapter 249C, relating to the JOBS program for recipients under the Family Investment Program, as part of new Code Chapter 239B.
In place of Code Chapter 249C, the Act establishes the Promoting Independence and Self-Sufficiency Through Employment-Job Opportunities and Basic Skills (PROMISE-JOBS) Program. The program is to be applied as provided in a participant family's family investment agreement. The Departments of Workforce Development, Economic Development, and Education and other public programs and agencies are to cooperate with the program. The Department of Human Services may delegate responsibilities to the Department of Workforce Development or the Department of Economic Development.
The Act delineates exceptions to required participation in the JOBS Program. The Act provides that eligibility for the program is contingent upon available funding and the person having entered into a family investment agreement with DHS under FIP. In addition, unless otherwise provided, high school and other basic education requirements are optional. The Act addresses provisions of child care while a parent participates in the JOBS Program.
The Director of Human Services or the director's designee is required to establish and maintain reasonable standards for health, safety and other conditions under the JOBS Program.
Participants in the JOBS Program are covered by the workers' compensation law or comparable protection for work performed under the JOBS Program. A participant is not considered an employee of the state or a political subdivision for the person's participation in the JOBS Program.
The Act provides for 24 months of transitional child day care benefits to persons who no longer receive FIP assistance due to employment.
The Act includes a number of amendments to Code Chapter 249A, the Medical Assistance (Medicaid) Program. The amendments provide that if a person would be eligible for medical assistance based upon eligibility for FIP or related requirements, the applicable eligibility requirements are those under new Code Chapter 239B, unless federal law requires the application of the requirements of the law in effect on July 16, 1996. The Act provides that the administrative rules for medical assistance eligibility based upon receipt of assistance under FIP, are to apply to FIP eligibility requirements established in the Act.
The Act directs DHS to simplify FIP eligibility criteria applicable to families with an unemployed parent to be consistent with criteria applicable to other families. The simplification is to reduce the waiting period for assistance from 30 to seven days beginning January 1, 1998. The department is to consider options for relaxing or waiving FIP Program requirements for FIP applicants or recipients who are victims of family or domestic violence. This option is allowed under federal law providing the block grant funding for FIP.
The Code Editor is directed to revise codified references to sections of Code Chapter 239 to instead refer to appropriate sections of new Code Chapter 239B. The Code Editor may either make the revisions editorially in the Code of Iowa or submit the revisions in a Code Editor's bill.
The Act also eliminates an earnings disregard provision applicable under FIP to individuals who were unemployed for 12 months and report earnings to DHS. The disregard applies to the first four months of employment income. The provision is eliminated effective October 1, 1997, but remains applicable to those individuals eligible for the disregard as of September 30, 1997.
Except as otherwise indicated, the Act takes effect April 18, 1997.

SENATE FILE 522 - Legal Settlement (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act amends the legal settlement provisions of the Code by providing that a person receiving treatment or support services from any provider, regardless of the source of funding of the provider, who provides treatment or services for mental retardation, developmental disabilities, mental health, brain injury, or substance abuse, does not acquire legal settlement in the county in which the site of the provider is located unless the person continuously resides in that county for one year from the date of receiving the last treatment or support service. This provision was also enacted in H.F. 702 (see Local Government).

HOUSE FILE 492 - Supplemental Needs Trusts for Persons With Disabilities (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act reenacts Iowa Code Chapter 634A, relating to supplemental needs trusts for persons with disabilities, which was repealed in 1995.
The Act defines "supplemental needs trust" (SNT) as an inter vivos or testamentary trust created for the benefit of a person with a disability and funded by a person other than the trust beneficiary or the beneficiary's spouse, and which is declared to be an SNT in the instrument creating the trust. An SNT includes a trust created for the benefit of a person with a disability and funded solely with moneys awarded as damages in a personal injury case or moneys received in the settlement of a personal injury case provided that the trust is created within six months of receiving the award or settlement, the trust is irrevocable, the beneficiary is not named a trustee of the trust, and the trust instrument declares the trust to be a supplemental needs trust.
To meet the requirements of the Act, an SNT must be established as a discretionary trust for the purpose of providing a supplemental source for the payment of expenses only if benefits from publicly funded benefit programs are not sufficient to provide adequately for those expenses and needs. An SNT must contain provisions that prohibit disbursements which would result in replacement, reduction or substitution of publicly funded benefits or would render the beneficiary ineligible for publicly funded benefits. Distributions under the SNT must only be in a manner or for purposes that supplement or complement publicly funded benefits.
Eligibility of a person as a beneficiary based upon disability may be established conclusively by the written opinion of a licensed professional qualified to diagnose the illness or condition if confirmed by the written opinion of a second qualified licensed professional.
Under the Act, an SNT becomes unenforceable if the beneficiary becomes a patient or resident, after 64 years of age, in a state institution or nursing facility for six months or more and there is no reasonable expectation that the beneficiary will be discharged. The trust does not become unenforceable if the beneficiary participates in a group residential program.
The Act provides that the trust income and assets of an SNT are considered available to the beneficiary for medical assistance or other public assistance program purposes to the extent that income and assets are considered available under the particular program.
Under the Act, an SNT is not subject to administration in the Iowa District Court sitting in probate.
The Act provides that the trust may be established with the proceeds of back payments made by the U.S. Social Security Administration resulting from a judgment regarding the regulatory schemes for determination of child disability.

HOUSE FILE 579 - Medical Assistance Advisory Council (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act adds one representative each from the Iowa Association of Rural Health Clinics, the Iowa Physician Assistant Society, the Iowa Association of Nurse Practitioners, the Iowa Academy of Family Physicians, the Iowa Physical Therapy Association, and the Iowa Occupational Therapy Association to the membership of the council that consults with the Director of Human Services regarding the Medical Assistance (Medicaid) Program. The Act also corrects the references to the Iowa Hospital Association, which is now the Association of Iowa Hospitals and Health Systems, and the Iowa Association of Homes for the Aging, which is now the Iowa Association of Homes and Services for the Aging.

HOUSE FILE 612 - Child Support, Spousal Support, and Related Matters (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act makes changes relating to child support enforcement including those required under the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (referred to in this summary as the federal Act), and other changes involving child custody and paternity establishment.
Division I - Uniform Support Law
Division I makes changes in Code Chapter 252A, the Uniform Support of Dependents Law, to reflect the adoption of the Uniform Interstate Family Support Act (UIFSA), which is enacted in this Act as Code Chapter 252K. This Division also makes changes to reflect the requirements of the federal Full Faith and Credit for Child Support Orders Act, and makes additional changes relating to paternity establishment and rescission of an affidavit of paternity, genetic testing procedures and costs, the establishment of temporary orders for child support, and support provided to recipients of public assistance.
Division II - Child Support Recovery
Division II makes changes in Code Chapter 252B, Child Support Recovery, which relates to the duties of the Child Support Recovery Unit within the Department of Human Services (DHS). This Division includes various changes required under the federal Act and under the federal Full Faith and Credit Act. The Act requires an applicant for, or recipient of, public assistance to cooperate in good faith in establishing paternity and in establishing, modifying or enforcing a support order by providing certain information to the unit, unless certain exclusions apply. The Act provides that a support obligation is satisfied for the months during which the family has reunited and is receiving public assistance, but if the reconciliation does not last and the parent moves out of the home, the child support is again due.
Division II also establishes the duties of the Child Support Recovery Unit with regard to child support obligations established by a foreign jurisdiction; eliminates the fee assessed for the Federal Tax Refund Offset Program; codifies language to allow the unit to contract with private collection agencies for difficult collection cases; provides for periodic notification of parents of the right to request a review and adjustment of a child support order; clarifies the unit's duties in spousal support cases; provides a process for certification to the federal government of arrearage cases in excess of $5,000 for the purpose of passport sanction; provides a process for attorneys licensed in the state to be compensated for collection of child support as the direct result of a judicial proceeding maintained by the attorney; authorizes DHS to adopt rules to establish a standard for determining a parent's income if it is not provided in lieu of using the median income standard currently in use; requires the unit to provide informational materials to the public regarding the unit's services and procedures; requires that certain entities provide information to the unit and provides a penalty for noncompliance; provides for the release of the information to certain entities under certain conditions; and provides that the unit may use imaging or photographic copies of documents in the course of business.
Division III - Administrative Procedures
Division III makes changes in Code Chapter 252C, Child Support Debts - Administrative Procedures, by providing that assignment of support to the state is by operation of law if the child or a child's caretaker is receiving public assistance, providing for satisfaction of a support obligation for the period of reconciliation of parents, and extending the time periods for response to actions taken in establishing a support debt. In addition, the Act provides that if the support debt amount established administratively is greater than the support debt amount established on an appeal of the order, the difference in the amount is deemed satisfied.
Division IV - Income Assignment and Withholding
Division IV makes changes in Code Chapter 252D, Child Support Payments - Assignment of Income and Immediate Income Withholding, by eliminating references to "assignment of income" and referring to the actions taken as "withholding of income"; providing that the Child Support Recovery Unit may enter an ex parte order for income withholding without the application of a person entitled to support; establishing which state's law applies in interstate withholding; defining terms including "income," "business day," and "payor of income"; providing for the use of a standard form for providing notice of income withholding to an obligor and a payor of income; allowing the district court to provide or send a notice of income withholding to the obligor and to the payor of income in lieu of sending a copy of the actual order; providing that the unit may provide notice of income withholding by electronic means and may send the notice on the same date that the order is sent to the clerk of the district court for filing; eliminating the requirement that the payor of income provide the notice to the obligor and requiring this of the unit instead; providing that withholding for support has priority over garnishment or an assignment for any other purpose; providing that the payor of income is not required to vary the payroll cycle to comply with the frequency of payment of a support order; requiring the payor of income to provide payments withheld within seven business days of the pay date; providing that if a payor of income knowingly fails to withhold income or pay the amounts withheld, the person commits a simple misdemeanor; providing that payment of support is not considered delinquent if it is due to a disparity with the employer's pay cycle and the scheduled date on which support is due; redefining "support" to exclude enforcement of postsecondary education subsidy orders from enforcement under income withholding; reorganizing the chapter to make the general provisions more inclusive; and making changes necessary under UIFSA.
Division V - Medical Support
Division V makes changes in Code Chapter 252E, Medical Support, to include a provision for health insurance coverage in orders for income withholding. The changes provide for a motion to quash a procedure to contest a medical support provision and to provide for modification of an order, rather than entry of a new order, to include health insurance coverage under the order.
Division VI - Paternity Establishment
Division VI makes changes in Code Chapter 252F, Administrative Establishment of Paternity, including making the time frames for contesting genetic test results and holding hearings consistent, requiring that genetic tests be performed by an approved laboratory, establishing responsibility for payment of costs associated with genetic testing and providing for admission of evidence of these costs, and requiring the provision of certain information to the unit.
Division VII - Employee Registry
Division VII makes changes to Code Chapter 252G, Central Employee Registry, including redefining "employer" and defining "labor organization" and "business day"; permitting employers with multistate businesses who report electronically to choose one state for reporting purposes; and establishing that the Child Support Recovery Unit must enter new hire information within five days of receipt, must transmit registry records to the national registry within three business days after entry of the data, and must issue income withholding orders within two days of entry of the data.
Division VIII - Support Order Modification
Division VIII makes changes in Code Chapter 252H, Adjustment and Modification of Support Orders, including eliminating the requirement of periodic review of orders and replacing this with provision for reviews upon request or as otherwise required by federal law; providing a process for adjustment of an order based upon a cost-of-living alteration; providing for review and modification of an order due to substantial change in circumstances outside of the general time frames; and requiring the Child Support Recovery Unit to send a copy of the modified order to the parties within 14 days of the modification.
Division IX - Asset Accounts
Division IX makes changes in Code Chapter 252I, Child Support Payments - Levies Against Accounts, by redefining "account," "court order," "financial institution," and "support"; requiring financial institutions to complete quarterly data matches with the Child Support Recovery Unit to assist in locating assets of individuals who are delinquent in payment of child support; providing for assistance by the unit to nonautomated institutions in complying with the requirement; and providing the institution with immunity from liability for complying in good faith.
Division X - License Sanctions
Division X makes changes in Code Chapter 252J, Child Support - Licensing Sanctions, to include application of the sanction for failure to comply with a subpoena or warrant relating to paternity or support proceedings and to include application to recreational licenses.
Division XI - Uniform Interstate Act
Division XI establishes a new Code Chapter 252K, Uniform Interstate Family Support Act (UIFSA), which the federal Act requires all states to adopt by January 1, 1998, and which takes effect January 1, 1998.
Division XII - Dissolution of Marriage
Division XII makes changes in Code Chapter 598, Dissolution of Marriage and Domestic Relations, including providing definitions of "legal custody," "physical care," "joint custody," and "joint physical care"; replacing the prior law's provision of support for postsecondary education with a "postsecondary education subsidy," which may be ordered by the court if good cause is shown and based upon a formula provided in the Act; providing for retroactive application of a modification of an order to three months after notice is provided to the other party; requiring that orders include periodic payment plans when the order is retroactively increased or when the order includes accrued support; limiting the retroactive modification of temporary orders; providing that if the residence of a child is relocated to a location which is 150 miles or more from the residence of the child at the time that custody was awarded, the court may consider this a substantial change in circumstances and if it is determined to be a substantial change in circumstances, the order may be modified to preserve the existing relationship between the child and the noncustodial parent; requiring that parties to these proceedings provide the Child Support Recovery Unit or the court with certain information to facilitate locating the parties; providing that in addition to other provisions in lieu of contempt of court proceedings, the court may require providing contact with a child through a neutral visitation site and may impose sanctions or specific requirements or order the parties to participate in mediation; providing that the court may consider the awarding of joint physical care to be in the best interest of the child and may award physical care to one or both parents if the court determines that it is in the best interest of the child and if doing so will preserve the relationship between each parent and the child; providing that the clerk of court may require payment of support by bank draft or money order if the obligor submits an insufficient funds support payment to the clerk; and making other conforming changes.
Division XIII - Liens
Division XIII establishes provisions relating to liens by providing that liens arise by operation of law on titled personal property as well as real property for overdue support and that liens entered by another state for overdue support are to be afforded full faith and credit. The Division also provides for a task force to develop a plan for a statewide support lien index.
Division XIV - Paternity Challenges
Division XIV makes changes in Code Chapter 600B, Paternity and Obligation for Support, including providing for a trial before the court instead of by jury; changing the time frames for objecting to genetic test results and for scheduling a hearing; providing for rescission of an affidavit of paternity under certain circumstances after 60 days; requiring that genetic testing be performed by an approved laboratory; and establishing responsibility for payment of costs of testing and for admission of bills for birth-related expenses and genetic testing.
Relating to disestablishment of paternity proceedings, the Division provides that the court no longer initially bases its determination, in part, on the best interest of the child. Rather, in a disestablishment proceeding, if the genetic test results conclude that the established father is not the biological father, the court is to enter an order relieving the established father of any and all future support and providing that any unpaid support is satisfied. However, if the court determines that the established father is not the biological father, the court may dismiss the action to overcome paternity and preserve paternity if the established father requests that paternity be preserved and the parent-child relationship be continued, if preserving paternity is in the best interest of the child, and if the biological father of the child is a party to the action and does not object to preservation of paternity or the parental rights of the biological father are terminated in accordance with the termination of parental rights chapter. If the court does preserve the paternity of the established father, the court must also enter an order establishing support, custody and visitation.
Additionally, the Division provides that if the court entered an order which preserved the paternity of an established father who was determined to not be the biological father of the child prior to May 21, 1997, the established father may petition the court and the court is to enter an order which terminates the parental rights of the established father and relieves the established father of any and all future support. The Act also makes conforming changes necessitated by changes in other chapters and by the federal Act.
Division XV - Records and Interest
Division XV makes miscellaneous changes throughout the Code to conform to changes made in the Act, including those relating to records maintained by the Iowa Department of Public Health and relating to confidentiality. This Division also provides that any interest on periodic payments paid through income withholding does not accrue for the time the payments are unpaid solely because the date on which the payor of income withholds income, based upon the regular pay cycle, varies from the support order; requires that application forms for and marriage licenses are to include language relating to abuse prevention; provides that the statute of limitations for judgments does not apply to actions to recover child support, spousal support or distribution of marital assets; and removes the exemption of pensions and similar payments from execution for collection of a child support obligation.
Division XVI - Surcharges
Division XVI provides for the assessment of a surcharge against an obligor if a difficult to collect case is referred to a collection agency.
Effective Dates
The portions of the divisions of the Act relating to UIFSA are effective January 1, 1998. The portions of the divisions of the Act under Code Chapters 598 and 600B relating to custody, visitation and the best interest of the child are effective May 21, 1997.

RELATED LEGISLATION

SENATE FILE 82 -- Appropriations — Energy Conservation — Petroleum Overcharge Funds

(Complete summary under APPROPRIATIONS)

This Act appropriates moneys for the fiscal year 1997-1998 from the Energy Conservation Trust, which receives deposits of settlements from oil overcharge refunds, to the Division of Community Action Agencies of the Department of Human Rights for energy conservation programs for low-income persons, and to the Department of Natural Resources for the state energy program and for administration of petroleum overcharge programs.

SENATE FILE 123 -- Runaway Children

(Complete summary under CHILDREN & YOUTH)

This Act provides for the development of county plans to address problems regarding chronic runaway children.

SENATE FILE 145 -- Mental Health and Developmental Disabilities Services Fund — Levy Revision Procedures

(Complete summary under LOCAL GOVERNMENT)

This Act relates to the county mental health, mental retardation, and developmental disabilities services fund levy by authorizing a county that made a major error in establishing the county's base year for expenditures to revise the base year amount.

SENATE FILE 176 -- Child Sexual Abuse Reporting

(Complete summary under CHILDREN & YOUTH)

This Act requires mandatory reporters of child abuse to also report sexual abuse of a child who is under 12 years of age, which would otherwise be defined as child abuse except that the abuse resulted from acts or omissions of a person other than a person responsible for the care of the child. The Act also authorizes a mandatory reporter to report sexual abuse by this type of perpetrator of a child who is 12 years of age or older. The Department of Human Services is required to refer information received from mandatory reporters to law enforcement.

SENATE FILE 230 -- Child Abuse Assessments

(Complete summary under CHILDREN & YOUTH)

This Act provides for statewide implementation of an assessment-based approach by the Department of Human Services in response to reports of child abuse. See also H.F. 698 (See Children & Youth), which relates to placement of information on the child abuse registry following an investigation or assessment of a report of child abuse.

SENATE FILE 236 -- Health Facilities and Services — Certificate of Need Program

(Complete summary under HEALTH & SAFETY)

This Act makes changes to the Certificate of Need (CON) Program, including directing a study of psychiatric medical institutions for children and institutional health facilities for persons with mental retardation.

SENATE FILE 240 -- Federal Block Grant Appropriations

(Complete summary under APPROPRIATIONS)

This Act appropriates federal block grant and other nonstate moneys to various state agencies for the federal fiscal year beginning October 1, 1997, and ending September 30, 1998, and for the state fiscal year beginning July 1, 1997, and ending June 30, 1998. The Act includes appropriations for mental health, homeless programs, low-income home energy assistance, child day care, social services, and other programs with significant federal grant funding.

SENATE FILE 523 -- Health Care Facilities — Records Checks — Home Health Services

(Complete summary under HEALTH & SAFETY)

This Act provides for preemployment criminal and dependent adult abuse records checks of prospective employees of health care facilities regulated by the Department of Inspections and Appeals.

SENATE FILE 541 -- Child Day Care

(Complete summary under CHILDREN & YOUTH)

This Act relates to child day care regulated by the Department of Human Services by creating a dual group day care home registration classification and establishing a child care home pilot project in up to two counties.

SENATE FILE 542 -- Supplemental and Other Appropriations and Miscellaneous Provisions

(Complete summary under APPROPRIATIONS)

This Act makes supplemental appropriations for FY 1996-1997 and appropriations for other fiscal years. The Act includes transfer authority and appropriations to replace reduced federal Social Services Block Grant funding, creates a Tobacco Litigation Settlement Fund and directs that part of the proceeds be appropriated for the Medical Assistance (Medicaid) Program, and reestablishes the State Income Tax Checkoff for domestic abuse programs.

HOUSE FILE 92 -- School Improvement Technology Program

(Complete summary under EDUCATION)

This Act adds the mental health institutes (MHIs) located in Cherokee and Independence to the list of entities eligible for School Improvement Technology Program moneys. These are the only MHIs in the state that house children who can benefit from attending school. Under the Act, School Improvement Technology Program moneys totaling $45,000 are to be distributed by the Department of Education on a proportionate basis to the two MHIs, Glenwood State Hospital-School, and Woodward State Hospital-School.

HOUSE FILE 121 -- Notification Requirements Regarding Pregnant Minors

(Complete summary under COURTS, CIVIL LAW & PROCEDURE, & PROBATE)

This Act changes prior law relating to parental notification requirements regarding pregnant minors. The Act provides that if a pregnant minor declares that she is a victim of sexual abuse, the Department of Human Services is prohibited from releasing information relating to the pregnant minor's pregnancy or abortion in response to a request for public records, discovery procedures, subpoena, or any other means, unless expressly authorized by the pregnant minor. A person who knowingly violates these confidentiality provisions is guilty of a serious misdemeanor.

HOUSE FILE 125 -- Federal Block Grant Appropriations for FY 1996-97 — Human Services

(Complete summary under APPROPRIATIONS)

This Act appropriates the federal Temporary Assistance to Needy Families (TANF) Block Grant available to the state for state FY 1996-1997 under federal welfare reform legislation. This is the first year the block grant is available to states. The federal welfare reform legislation enacted in August 1996 converts the federal-state entitlement program, Aid to Families With Dependent Children (AFDC), to a state-operated program in which the federal funding is provided as a block grant rather than a match of state funding. Other FY 1996-1997 appropriations to the Department of Human Services are increased or reduced in this Act.

HOUSE FILE 232 -- Defendants Mentally Incapable of Standing Trial

(Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE)

This Act requires that a court, in cases where the defendant is determined to be mentally incompetent to stand trial, must expressly order the defendant committed for treatment to the custody of the Department of Human Services or the Department of Corrections. Previous Code language did not expressly permit the defendant to be treated when custody orders were issued by the court.

HOUSE FILE 255 -- Mental Health and Developmental Disability Funding — Allowed Growth Factor Adjustment

(Complete summary under LOCAL GOVERNMENT)

This Act establishes an allowed growth factor adjustment for county mental health, mental retardation, and developmental disabilities (MH/MR/DD) services in FY 1997-1998 and FY 1998-1999. Appropriations of approximately $6.1 million and $12.5 million are made to the Department of Human Services to distribute to counties for the respective fiscal years to fund a 2.89 percent increase in growth in county expenditures for MH/MR/DD services in each of the fiscal years.

HOUSE FILE 313 -- Requirements for Certain Child Day Care Providers

(Complete summary under CHILDREN & YOUTH)

This Act requires criminal and child abuse record checks by the Department of Human Services of otherwise unregistered or unlicensed persons who receive public funding for providing child day care.

HOUSE FILE 439 -- Repository for Licensing, Registry, and Criminal History Information

(Complete summary under HEALTH & SAFETY)

This Act requires development of a single contact repository for criminal history, child and dependent adult abuse and sex offender registries, and nurse aide and other health profession certification and licensing information. The purpose of the repository is to permit employers, local governments and state agencies to obtain the above information with one contact. The Department of Inspections and Appeals is to lead other state agencies in this effort. A progress report is due to the General Assembly by January 15, 1998.

HOUSE FILE 453 -- Termination of Parental Rights — Grounds — Putative Father

(Complete summary under COURTS, CIVIL LAW & PROCEDURE, & PROBATE)

This Act makes changes in Code Chapter 600A, Termination of Parental Rights. The Act redefines "to abandon a minor child" for the purposes of the chapter. The Act also establishes criteria for a determination that a putative father has abandoned a child, for the purposes of establishing grounds for termination of the putative father's parental rights. The criteria require the demonstration of certain actions and intentions by a putative father, which vary based upon the age of the child at the time of the holding of the termination of parental rights hearing.

HOUSE FILE 544 -- Foster Care and Preadoptive Care

(Complete summary under CHILDREN & YOUTH)

This Act relates to the placement of children for adoption and foster care. The Department of Human Services is to work with various groups in developing standards for placement agreements for preadoptive and family foster care.

HOUSE FILE 545 -- Placement of Delinquent Children

(Complete summary under CHILDREN & YOUTH)

This Act adds an alternative to the current criteria used by the court to determine whether a delinquent child may be placed in the state training school or other facility. Previous placement in a highly structured delinquency day treatment program is added by the Act as an alternative to the current requirement that a delinquent child must have been previously placed in a treatment facility outside of the child's home.

HOUSE FILE 597 -- School Attendance Requirements and Family Investment Program

(Complete summary under EDUCATION)

This Act relates to school attendance requirements by requiring an attendance cooperation meeting process prior to designating truant a child who has not completed the sixth grade, providing for a truancy-related grant reduction sanction under the Family Investment Program (formerly known as Aid to Families With Dependent Children or AFDC), and providing for a civil penalty for truancy. The attendance cooperation requirements do not apply to a child who is receiving competent private instruction.

HOUSE FILE 661 -- Sentencing of Certain Criminal Offenders

(Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE)

This Act permits a hearing to be held upon reconsideration of a criminal defendant's sentence, excludes mandatory reporters of child abuse from eligibility for deferred judgments and sentences and suspended sentences, and provides for the presentation of oral victim impact statements at reconsideration of sentence hearings.

HOUSE FILE 698 -- Child Abuse Information and Central Registry

(Complete summary under CHILDREN & YOUTH)

This Act relates to the state's child protection system law for placement of child abuse information in the central child abuse registry at the conclusion of a Department of Human Services investigation or assessment of a report of child abuse. In addition, the Act specifically addresses how various types of child abuse information are to be maintained and confidentiality protected by persons involved with the system, including information maintained as confidential case records by the department.

HOUSE FILE 702 -- Human Services — Miscellaneous Provisions

(Complete summary under LOCAL GOVERNMENT)

This Act affects a number of provisions relating to the service system, facilities, funding, and other requirements for mental health, mental retardation and developmental disability (MH/MR/DD) services.

HOUSE FILE 715 -- Appropriations — Human Services

(Complete summary under APPROPRIATIONS)

This Act makes appropriations to the Department of Human Services and includes many appropriations and other provisions affecting programs administered by the Department of Human Services.

HOUSE FILE 734 -- Fees and Penalties Relating to Corrections and License Revocations

(Complete summary under CORRECTIONS, CRIMINAL LAW & PROCEDURE)

This Act establishes a motor vehicle license reinstatement penalty and provides that moneys collected shall be deposited during FY 1998 with the Department of Human Services. The first $1 million shall be used for juvenile detention homes with the remaining moneys collected to be used for runaway assessment facilities and services and juvenile delinquency prevention and intervention services.

Iowa General Assembly

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Last update: Mon July 28, 1997
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