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. 35 -1- SF2304.3229 (3) 86 kh/rj 1/ 9 #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. 35 -2- SF2304.3229 (3) 86 kh/rj 2/ 9
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. 35 -3- SF2304.3229 (3) 86 kh/rj 3/ 9
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 35 -4- SF2304.3229 (3) 86 kh/rj 4/ 9
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. 35 -5- SF2304.3229 (3) 86 kh/rj 5/ 9
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 35 -6- SF2304.3229 (3) 86 kh/rj 6/ 9
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 35 -7- SF2304.3229 (3) 86 kh/rj 7/ 9
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, 35 -8- SF2304.3229 (3) 86 kh/rj 8/ 9
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