Senate
File
2304
H-8154
Amend
Senate
File
2304,
as
passed
by
the
Senate,
as
1
follows:
2
1.
By
striking
everything
after
the
enacting
clause
3
and
inserting:
4
<
Section
1.
NEW
SECTION
.
237C.1
Definitions.
5
As
used
in
this
chapter,
unless
the
context
6
otherwise
requires:
7
1.
“Administrator”
means
the
administrator
of
that
8
division
of
the
department
designated
by
the
director
9
of
human
services
to
administer
this
chapter
or
the
10
administrator’s
designee.
11
2.
“Child”
or
“children”
means
an
individual
or
12
individuals
under
eighteen
years
of
age.
13
3.
“Children’s
residential
facility”
means
a
14
private
facility
designed
to
serve
children
who
have
15
been
voluntarily
placed
for
reasons
other
than
an
16
exclusively
recreational
activity
outside
of
their
17
home
by
a
parent
or
legal
guardian
and
who
are
not
18
under
the
custody
or
authority
of
the
department
of
19
human
services,
juvenile
court,
or
another
governmental
20
agency,
that
provides
twenty-four
hour
care,
including
21
food,
lodging,
supervision,
education,
or
other
care
on
22
a
full-time
basis
by
a
person
other
than
a
relative
or
23
guardian
of
the
child,
but
does
not
include
an
entity
24
providing
any
of
the
following:
25
a.
Care
furnished
by
an
individual
who
receives
26
the
child
of
a
personal
friend
as
an
occasional
and
27
personal
guest
in
the
individual’s
home,
free
of
charge
28
and
not
as
a
business.
29
b.
Care
furnished
by
an
individual
with
whom
a
30
child
has
been
placed
for
lawful
adoption,
unless
31
that
adoption
is
not
completed
within
two
years
after
32
placement.
33
c.
Child
care
furnished
by
a
child
care
facility
as
34
defined
in
section
237A.1.
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#1.
d.
Care
furnished
in
a
hospital
licensed
under
1
chapter
135B
or
care
furnished
in
a
health
care
2
facility
as
defined
in
section
135C.1.
3
e.
Care
furnished
by
a
juvenile
detention
home
4
or
juvenile
shelter
care
home
approved
under
section
5
232.142.
6
f.
Care
furnished
by
a
child
foster
care
facility
7
licensed
under
chapter
237.
8
g.
Care
furnished
by
an
institution
listed
in
9
section
218.1.
10
h.
Care
furnished
by
a
facility
licensed
under
11
chapter
125.
12
i.
Care
furnished
by
a
psychiatric
medical
13
institution
for
children
licensed
under
chapter
135H.
14
j.
Care
furnished
by
a
bona
fide
religious
15
institution.
16
4.
“Department”
means
the
department
of
human
17
services.
18
Sec.
2.
NEW
SECTION
.
237C.2
Purpose.
19
It
is
the
policy
of
this
state
to
provide
20
appropriate
protection
for
children
who
are
separated
21
from
the
direct
personal
care
of
their
parents,
22
relatives,
or
guardians
and,
therefore,
the
purpose
23
of
this
chapter
is
to
provide
for
the
development,
24
establishment,
and
enforcement
of
standards
relating
to
25
the
certification
of
children’s
residential
facilities.
26
Sec.
3.
NEW
SECTION
.
237C.3
Certification
27
standards
——
consultation
with
other
agencies.
28
1.
The
department
of
human
services
shall
consult
29
with
the
department
of
education,
the
department
of
30
inspections
and
appeals,
the
department
of
public
31
health,
the
state
fire
marshal,
and
other
agencies
32
as
determined
by
the
department
of
human
services
33
to
establish
certification
standards
for
children’s
34
residential
facilities
in
accordance
with
this
chapter.
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2.
Standards
established
by
the
department
under
1
this
chapter
shall
at
a
minimum
address
the
basic
2
health
and
educational
needs
of
children;
protection
3
of
children
from
mistreatment,
abuse,
and
neglect;
4
background
and
records
checks
of
persons
providing
5
care
to
children
in
facilities
certified
under
this
6
chapter;
the
use
of
seclusion,
restraint,
or
other
7
restrictive
interventions;
health;
safety;
emergency;
8
and
the
physical
premises
on
which
care
is
provided
9
by
a
children’s
residential
facility.
The
background
10
check
requirements
shall
be
substantially
equivalent
to
11
those
applied
under
chapter
237
for
a
child
foster
care
12
facility
provider.
13
Sec.
4.
NEW
SECTION
.
237C.4
Rules.
14
1.
Except
as
otherwise
provided
in
this
section,
15
the
department
shall
adopt
rules
pursuant
to
chapter
16
17A
to
administer
this
chapter.
17
2.
A
children’s
residential
facility
shall
be
18
inspected
by
the
state
fire
marshal
or
the
state
fire
19
marshal’s
designee
for
compliance
with
rules
relating
20
to
fire
safety
before
the
department
grants
or
renews
21
a
certificate
of
approval
under
this
chapter.
Rules
22
governing
fire
safety
in
children’s
residential
23
facilities
shall
be
promulgated
by
the
state
fire
24
marshal
pursuant
to
section
100.1,
subsection
5,
after
25
consultation
with
the
administrator.
26
3.
Rules
governing
sanitation,
water,
and
waste
27
disposal
standards
for
children’s
residential
28
facilities
shall
be
adopted
by
the
department
of
public
29
health
pursuant
to
section
135.11,
subsection
12,
after
30
consultation
with
the
administrator.
31
4.
Rules
governing
educational
programs
and
32
education
services
provided
by
children’s
residential
33
facilities
shall
be
adopted
by
the
state
board
of
34
education
pursuant
to
section
282.34.
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5.
In
the
case
of
a
conflict
between
rules
adopted
1
pursuant
to
subsections
2
and
3
and
local
rules,
the
2
more
stringent
requirement
applies.
3
Sec.
5.
NEW
SECTION
.
237C.5
Certificate
of
4
approval
——
certification
required.
5
A
person
shall
not
operate
a
children’s
residential
6
facility
without
a
certificate
of
approval
to
operate
7
issued
by
the
administrator
under
this
chapter.
8
Sec.
6.
NEW
SECTION
.
237C.6
Bona
fide
religious
9
institution
——
notification
required.
10
If
care
is
furnished
by
a
facility
that
is
a
bona
11
fide
religious
institution
exempt
from
the
definition
12
of
children’s
residential
facility
under
section
13
237C.1,
subsection
3,
paragraph
“j”
,
but
that
would
14
otherwise
qualify
as
a
children’s
residential
facility
15
under
section
237C.1,
subsection
3,
the
facility
shall
16
do
all
of
the
following:
17
1.
Notify
the
department
of
human
services
in
18
writing
of
the
existence
of
the
facility
within
thirty
19
days
of
commencing
operation.
20
2.
Allow
annually
one
scheduled
inspection
and
21
one
unannounced
inspection
of
the
facility
by
a
22
representative
of
the
department
of
inspections
and
23
appeals.
24
3.
Authorize
reasonable
and
timely
access
to
25
clients
and
staff
of
the
facility
by
a
representative
26
of
the
department
of
human
services
who
is
responsible
27
for
investigating
an
allegation
of
abuse.
28
Sec.
7.
NEW
SECTION
.
237C.7
Certificate
29
application
and
issuance
——
denial,
suspension,
or
30
revocation.
31
1.
A
person
shall
apply
for
a
certificate
to
32
operate
a
children’s
residential
facility
by
completing
33
and
submitting
to
the
administrator
an
application
in
34
a
form
and
format
approved
by
the
administrator.
The
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administrator
shall
issue
or
reissue
a
certificate
1
of
approval
if
the
administrator
determines
that
the
2
applicant
is
or
upon
commencing
operation
will
provide
3
children’s
residential
facility
services
in
compliance
4
with
this
chapter.
A
certificate
of
approval
is
valid
5
for
up
to
one
year
from
the
date
of
issuance
for
the
6
period
determined
by
the
administrator
in
accordance
7
with
administrative
rules
providing
criteria
for
making
8
the
determination.
9
2.
The
certificate
of
approval
shall
state
on
10
its
face
the
name
of
the
holder
of
the
certificate,
11
the
particular
premises
for
which
the
certificate
is
12
issued,
and
the
number
of
children
who
may
be
cared
for
13
by
the
children’s
residential
facility
on
the
premises
14
at
one
time
under
the
certificate
of
occupancy
issued
15
by
the
state
fire
marshal
or
the
state
fire
marshal’s
16
designee.
The
certificate
of
approval
shall
be
posted
17
in
a
conspicuous
place
in
the
children’s
residential
18
facility.
19
3.
The
administrator
may
deny
an
application
for
20
issuance
or
reissuance
of
a
certificate
of
approval
21
or
suspend
or
revoke
a
certificate
of
approval
if
22
the
applicant
or
certificate
holder,
as
applicable,
23
fails
to
comply
with
this
chapter
or
the
rules
adopted
24
pursuant
to
this
chapter
or
knowingly
makes
a
false
25
statement
concerning
a
material
fact
or
conceals
a
26
material
fact
on
the
application
for
the
issuance
or
27
reissuance
of
a
certificate
of
approval
or
in
a
report
28
regarding
operation
of
the
children’s
residential
29
facility
submitted
to
the
administrator.
All
30
operations
of
a
children’s
residential
facility
shall
31
cease
during
a
period
of
suspension
or
revocation.
The
32
administrator
shall
suspend
or
revoke
a
certificate
33
of
approval
of
a
children’s
residential
facility
that
34
fails
to
comply
with
section
282.34.
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Sec.
8.
NEW
SECTION
.
237C.8
Restricted
use
of
1
facility.
2
A
children’s
residential
facility
shall
operate
3
only
in
a
building
or
on
premises
designated
in
the
4
certificate
of
approval.
5
Sec.
9.
NEW
SECTION
.
237C.9
Reports
and
6
inspections.
7
The
administrator
may
require
submission
of
reports
8
by
a
certificate
of
approval
holder
and
shall
cause
at
9
least
one
annual
unannounced
inspection
of
a
children’s
10
residential
facility
to
assess
compliance
with
11
applicable
requirements
and
standards.
The
inspections
12
shall
be
conducted
by
the
department
of
inspections
13
and
appeals
in
addition
to
initial,
renewal,
and
14
other
inspections
that
result
from
complaints
or
15
self-reported
incidents.
The
department
of
inspections
16
and
appeals
and
the
department
of
human
services
may
17
examine
records
of
a
children’s
residential
facility
18
and
may
inquire
into
matters
concerning
the
children’s
19
residential
facility
and
its
employees,
volunteers,
and
20
subcontractors
relating
to
requirements
and
standards
21
for
children’s
residential
facilities
under
this
22
chapter.
23
Sec.
10.
NEW
SECTION
.
237C.10
Injunctive
relief
24
——
civil
action.
25
1.
A
person
who
establishes,
conducts,
manages,
26
or
operates
a
children’s
residential
facility
without
27
a
certificate
of
approval
required
pursuant
to
this
28
chapter,
or
a
children’s
residential
facility
with
29
a
certificate
of
approval
that
is
not
operating
in
30
compliance
with
rules
adopted
pursuant
to
this
chapter
31
or
section
282.34,
may
be
restrained
by
temporary
32
or
permanent
injunction
from
providing
children’s
33
residential
facility
services
or
from
other
involvement
34
with
child
care.
The
action
may
be
instituted
by
the
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state
or
a
county
attorney.
1
2.
The
parent
or
legal
guardian
of
a
child
who
is
2
placed
in
a
children’s
residential
facility,
the
state,
3
the
department
of
education,
or
the
school
district
4
in
which
the
children’s
residential
facility
is
5
located,
may
bring
a
civil
action
seeking
relief
from
6
conduct
constituting
a
violation
of
this
chapter
or
7
section
282.34
or
to
prevent,
restrain,
or
remedy
such
8
violation.
A
civil
action
brought
by
the
department
9
of
education
shall
be
limited
to
seeking
relief
from
10
conduct
constituting
a
violation
of
section
282.34.
11
Multiple
petitioners
may
join
in
a
single
action
under
12
this
subsection.
13
3.
If
successful
in
obtaining
injunctive
relief
14
under
this
section,
the
petitioner
shall
be
awarded
15
reasonable
attorney
fees
and
court
costs.
16
Sec.
11.
NEW
SECTION
.
237C.11
Notice
and
hearings
17
——
judicial
review.
18
The
procedure
governing
notice
and
hearing
to
deny
19
an
application
or
suspend
or
revoke
a
certificate
of
20
approval
shall
be
in
accordance
with
rules
adopted
by
21
the
department.
22
Sec.
12.
NEW
SECTION
.
282.34
Educational
programs
23
for
children’s
residential
facilities.
24
1.
A
children’s
residential
facility
operating
25
under
a
certificate
of
approval
issued
under
chapter
26
237C
shall
do
all
of
the
following:
27
a.
Provide
an
educational
program
and
appropriate
28
education
services
to
children
residing
in
the
29
children’s
residential
facility
by
contracting
with
the
30
school
district
in
which
the
children’s
residential
31
facility
is
located,
contracting
with
an
accredited
32
nonpublic
school,
or
becoming
accredited
as
a
nonpublic
33
school
through
the
standards
and
accreditation
process
34
described
in
section
256.11
and
adopted
by
rule
by
the
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state
board
of
education.
1
b.
Display
prominently
in
all
of
its
major
2
publications
and
on
its
internet
site
a
notice
3
accurately
describing
the
educational
program
and
4
educational
services
provided
by
the
children’s
5
residential
facility.
6
c.
Include
in
any
promotional,
advertising,
7
or
marketing
materials
regarding
the
children’s
8
residential
facility,
available
in
print
or
via
9
the
internet,
all
fees
charged
by
the
children’s
10
residential
facility
for
the
services
offered
or
11
provided
by
the
children’s
residential
facility
and
its
12
refund
policy
for
the
return
of
refundable
portions
of
13
any
fees.
14
2.
The
state
board
of
education
shall
adopt
by
rule
15
pursuant
to
chapter
17A
standards
for
the
following:
16
a.
Educational
programs
and
appropriate
educational
17
services
provided
under
this
section.
18
b.
Contracts
between
children’s
residential
19
facilities
and
school
districts
or
accredited
nonpublic
20
schools.
21
c.
Notices
displayed
in
accordance
with
subsection
22
1,
paragraph
“b”
.
23
3.
A
contract
that
fails
to
comply
with
any
of
the
24
requirements
of
subsection
1,
or
with
standards
adopted
25
by
the
state
board
of
education
under
subsection
2,
is
26
void.
27
Sec.
13.
REPEAL.
Chapter
237B,
Code
2016,
is
28
repealed.
29
Sec.
14.
REPORT
REQUIREMENT.
By
January
1,
2017,
30
the
department
of
human
services,
the
department
of
31
education,
the
department
of
public
health,
and
the
32
state
fire
marshal
shall
each
submit
a
report
to
the
33
general
assembly
concerning
their
progress
in
adopting
34
rules
as
appropriate
under
sections
237C.4
and
282.34,
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as
enacted
by
this
Act.
1
Sec.
15.
EXISTING
FACILITY
OPERATED
BY
BONA
FIDE
2
RELIGIOUS
INSTITUTION.
A
facility
in
existence
on
the
3
effective
date
of
this
Act,
and
which
is
exempt
from
4
the
definition
of
children’s
residential
facility
under
5
section
237C.1,
subsection
3,
paragraph
“j”,
but
which
6
would
otherwise
qualify
as
a
children’s
residential
7
facility
under
section
237C.1,
subsection
3,
shall
8
notify
the
department
of
human
services
in
writing
of
9
its
existence
within
thirty
days
of
the
effective
date
10
of
this
Act.
>
11
______________________________
COMMITTEE
ON
GOVERNMENT
OVERSIGHT
KAUFMANN
of
Cedar,
Chairperson
-9-
SF2304.3229
(3)
86
kh/rj
9/
9