House Amendment 1019


PAG LIN




     1  1    Amend House File 206 as follows:
     1  2 #1.  Page 1, by inserting after line 13 the
     1  3 following:
     1  4    <Sec.    .  Section 232.69, subsection 1, paragraph
     1  5 b, Code 2003, is amended by adding the following new
     1  6 subparagraph:
     1  7    NEW SUBPARAGRAPH.  (13)  A member of the clergy.
     1  8 However, if the belief that a child has suffered abuse
     1  9 arises from information obtained only during a
     1 10 penitential communication, the clergy member is not
     1 11 subject to the requirement to make the report.  This
     1 12 subparagraph shall not be construed to modify or limit
     1 13 a clergy member's duty to report the belief that a
     1 14 child has been abused when the clergy member is acting
     1 15 in some other capacity that would otherwise make the
     1 16 clergy member a mandatory reporter of abuse.  For the
     1 17 purposes of this subparagraph, unless the context
     1 18 otherwise requires:
     1 19    (a)  "Clergy member" or "member of the clergy"
     1 20 means an individual who is designated as clergy by
     1 21 ordination, licensing, or other form of entitlement by
     1 22 the religious group or sect with whom the individual
     1 23 is affiliated.
     1 24    (b)  "Penitential communication" means a
     1 25 communication intended to be in confidence, including
     1 26 but not limited to a sacramental confession made to a
     1 27 clergy member who, in the course of the discipline or
     1 28 practice of the clergy member's religious group or
     1 29 sect, is authorized to hear those communications, and
     1 30 under the discipline, practice, tenets, or customs of
     1 31 the religious group or sect, the clergy member has the
     1 32 duty to keep the communication secret.
     1 33    Sec.    .  Section 232.69, subsection 3, paragraph
     1 34 b, Code 2003, is amended to read as follows:
     1 35    b.  A person required to make a report under
     1 36 subsection 1, other than a physician whose
     1 37 professional practice does not regularly involve
     1 38 providing primary health care to children or a member
     1 39 of the clergy, shall complete two hours of training
     1 40 relating to the identification and reporting of child
     1 41 abuse within six months of initial employment or self=
     1 42 employment involving the examination, attending,
     1 43 counseling, or treatment of children on a regular
     1 44 basis.  Within one month of initial employment or
     1 45 self=employment, the person shall obtain a statement
     1 46 of the abuse reporting requirements from the person's
     1 47 employer or, if self=employed, from the department.
     1 48 The person shall complete at least two hours of
     1 49 additional child abuse identification and reporting
     1 50 training every five years.>
     2  1 #2.  By renumbering as necessary.
     2  2
     2  3
     2  4                               
     2  5 MURPHY of Dubuque
     2  6
     2  7
     2  8                               
     2  9 McCARTHY of Polk
     2 10 HF 206.501 80
     2 11 jp/cf

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