House Amendment 1322


PAG LIN




     1  1    Amend Senate File 152, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  Page 5, by inserting after line 13 the
     1  4 following:
     1  5    <Sec.    .  Section 237A.3, subsection 2, Code
     1  6 2009, is amended to read as follows:
     1  7    2.  a.  A person shall not provide child care as a
     1  8 child care home provider unless the person and any
     1  9 person who resides or will reside in the child care
     1 10 home have been subject to a fingerprint=based national
     1 11 criminal history record check in accordance with
     1 12 section 237A.5.
     1 13    b.  If a person or program does not comply with
     1 14 paragraph "a" or has been prohibited by the department
     1 15 from involvement with child care, the person or
     1 16 program shall not provide child care as a child care
     1 17 home provider and is subject to penalty under section
     1 18 237A.19 or injunction under section 237A.20 for doing
     1 19 so.
     1 20    Sec.    .  Section 237A.5, subsection 2, paragraph
     1 21 a, subparagraph (1), subparagraph subdivision (e),
     1 22 Code 2009, is amended to read as follows:
     1 23    (e)  The person will provide or is providing child
     1 24 care as a child care home provider or will reside or
     1 25 resides in a child care home that is not registered
     1 26 under this chapter but that receives public funding
     1 27 for providing child care.
     1 28    Sec.    .  Section 237A.5, subsection 2, paragraphs
     1 29 b and c, Code 2009, are amended to read as follows:
     1 30    b.  If an individual person subject to a record
     1 31 check is being considered for employment by a child
     1 32 care facility or child care home, in lieu of prior to
     1 33 requesting a fingerprint=based record check to be
     1 34 conducted by the department under paragraph "c", the
     1 35 child care facility or child care home may access the
     1 36 single contact repository established pursuant to
     1 37 section 135C.33 as necessary to conduct a criminal and
     1 38 child abuse record check of the individual in this
     1 39 state.  A copy of the results of the record check
     1 40 conducted through the single contact repository shall
     1 41 also be provided to the department.  If the record
     1 42 check indicates the individual is a person subject to
     1 43 an evaluation, the child care facility or child care
     1 44 home may request that the department perform an
     1 45 evaluation as provided in this subsection.  Otherwise,
     1 46 the individual shall not be employed by the child care
     1 47 facility or child care home.  The cost of accessing
     1 48 the single contact repository is the responsibility of
     1 49 the child care facility or home.
     1 50    c.  (1)  Unless a record check has already been
     2  1 conducted in accordance with paragraph "b", For a
     2  2 person subject to a record check, in addition to any
     2  3 record check conducted pursuant to paragraph "b" and
     2  4 the record checks conducted under subparagraph (2),
     2  5 the person's fingerprints shall be provided to the
     2  6 department of public safety for submission through the
     2  7 state criminal history repository to the United States
     2  8 department of justice, federal bureau of investigation
     2  9 for a national criminal history record check.  For a
     2 10 child care home that is not registered under this
     2 11 chapter, the cost of the national criminal history
     2 12 record check for a person who will provide or is
     2 13 providing child care or will reside or resides in that
     2 14 child care home shall be paid by the person.
     2 15 Otherwise, the cost of the national criminal history
     2 16 record check and any other record checks conducted
     2 17 under this lettered paragraph is the responsibility of
     2 18 the department.
     2 19    (2)  In addition to the national criminal history
     2 20 record check, the department shall conduct a criminal
     2 21 and child abuse record check in this state for a
     2 22 person who is subject to a record check and may
     2 23 conduct such a child abuse record check in other
     2 24 states.  In addition, the department may conduct a
     2 25 dependent adult abuse, sex offender registry, or other
     2 26 public or civil offense record check in this state or
     2 27 in other states for a person who is subject to a
     2 28 record check.  If record checks of a person who is
     2 29 subject to a record check have been conducted through
     2 30 the single contact repository as described in
     2 31 paragraph "b", the department may forego the record
     2 32 checks addressed by this subparagraph.
     2 33    (3)  If a record check performed pursuant to this
     2 34 paragraph identifies an individual as a person subject
     2 35 to an evaluation, an evaluation shall be performed to
     2 36 determine whether prohibition of the person's
     2 37 involvement with child care is warranted.  The
     2 38 evaluation shall be performed in accordance with
     2 39 procedures adopted for this purpose by the department.
     2 40    (4)  Prior to performing an evaluation, the
     2 41 department shall notify the affected person, licensee,
     2 42 registrant, or child care home applying for or
     2 43 receiving public funding for providing child care,
     2 44 that an evaluation will be conducted to determine
     2 45 whether prohibition of the person's involvement with
     2 46 child care is warranted.>
     2 47 #2.  By renumbering as necessary.
     2 48
     2 49
     2 50                               
     3  1 HEATON of Henry
     3  2
     3  3
     3  4                               
     3  5 TJEPKES of Webster
     3  6
     3  7
     3  8                               
     3  9 SCHULTE of Linn
     3 10 SF 152.503 83
     3 11 jp/nh/11732

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