House Amendment to Senate File 2304 S-5125 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- SF2304.3428.H (1) 86 md 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- SF2304.3428.H (1) 86 md 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 and standards 14 —— requirements. 15 1. Except as otherwise provided in this section, 16 the department shall adopt rules pursuant to chapter 17 17A to administer this chapter. 18 2. Before the administrator issues or reissues a 19 certificate of approval to a children’s residential 20 facility under section 237C.7, the facility shall 21 comply with standards adopted by the state fire marshal 22 under chapter 100. 23 3. Rules governing sanitation, water, and waste 24 disposal standards for children’s residential 25 facilities shall be adopted by the department of human 26 services in consultation with the director of public 27 health. 28 4. Rules governing educational programs and 29 education services provided by children’s residential 30 facilities shall be adopted by the state board of 31 education pursuant to section 282.34. 32 5. In the case of a conflict between rules adopted 33 pursuant to subsections 2 and 3 and local rules, the 34 more stringent requirement applies. 35 -3- SF2304.3428.H (1) 86 md 3/ 9

Sec. 5. NEW SECTION . 237C.5 Certificate of 1 approval —— certification required. 2 A person shall not operate a children’s residential 3 facility without a certificate of approval to operate 4 issued by the administrator under this chapter. 5 Sec. 6. NEW SECTION . 237C.6 Bona fide religious 6 institution —— notification required. 7 1. If care is furnished by a facility that is 8 a bona fide religious institution exempt from the 9 definition of children’s residential facility under 10 section 237C.1, subsection 3, paragraph “j” , but that 11 would otherwise qualify as a children’s residential 12 facility under section 237C.1, subsection 3, the 13 facility shall do all of the following: 14 a. Notify the department of human services in 15 writing of the existence of the facility within thirty 16 days of commencing operation. 17 b. Allow annually one scheduled inspection and 18 one unannounced inspection of the facility by a 19 representative of the department of inspections and 20 appeals. 21 c. Authorize reasonable and timely access to 22 clients and staff of the facility by a representative 23 of the department of human services who is responsible 24 for investigating an allegation of abuse. 25 d. Comply with standards adopted by the state fire 26 marshal under chapter 100. 27 e. Meet the sanitation, water, and waste disposal 28 standards adopted by rule by the department of human 29 services under section 237C.4. 30 2. This section shall not be construed to require 31 a facility that is a bona fide religious institution 32 exempt from the definition of children’s residential 33 facility under section 237C.1, subsection 3, paragraph 34 “j” , but that would otherwise qualify as a children’s 35 -4- SF2304.3428.H (1) 86 md 4/ 9

residential facility under section 237C.1, subsection 1 3, to apply for or obtain a certificate of approval 2 under section 237C.7. 3 Sec. 7. NEW SECTION . 237C.7 Certificate 4 application and issuance —— denial, suspension, or 5 revocation. 6 1. A person shall apply for a certificate to 7 operate a children’s residential facility by completing 8 and submitting to the administrator an application in 9 a form and format approved by the administrator. The 10 administrator shall issue or reissue a certificate 11 of approval if the administrator determines that the 12 applicant is or upon commencing operation will provide 13 children’s residential facility services in compliance 14 with this chapter. A certificate of approval is valid 15 for up to one year from the date of issuance for the 16 period determined by the administrator in accordance 17 with administrative rules providing criteria for making 18 the determination. 19 2. The certificate of approval shall state on 20 its face the name of the holder of the certificate, 21 the particular premises for which the certificate is 22 issued, and the number of children who may be cared for 23 by the children’s residential facility on the premises 24 at one time under the certificate of occupancy issued 25 by the state fire marshal or the state fire marshal’s 26 designee. The certificate of approval shall be posted 27 in a conspicuous place in the children’s residential 28 facility. 29 3. The administrator may deny an application for 30 issuance or reissuance of a certificate of approval 31 or suspend or revoke a certificate of approval if 32 the applicant or certificate holder, as applicable, 33 fails to comply with this chapter or the rules adopted 34 pursuant to this chapter or knowingly makes a false 35 -5- SF2304.3428.H (1) 86 md 5/ 9

statement concerning a material fact or conceals a 1 material fact on the application for the issuance or 2 reissuance of a certificate of approval or in a report 3 regarding operation of the children’s residential 4 facility submitted to the administrator. All 5 operations of a children’s residential facility shall 6 cease during a period of suspension or revocation. The 7 administrator shall suspend or revoke a certificate 8 of approval of a children’s residential facility that 9 fails to comply with section 282.34. 10 Sec. 8. NEW SECTION . 237C.8 Restricted use of 11 facility. 12 A children’s residential facility shall operate 13 only in a building or on premises designated in the 14 certificate of approval. 15 Sec. 9. NEW SECTION . 237C.9 Reports and 16 inspections. 17 The administrator may require submission of reports 18 by a certificate of approval holder and shall cause at 19 least one annual unannounced inspection of a children’s 20 residential facility to assess compliance with 21 applicable requirements and standards. The inspections 22 shall be conducted by the department of inspections 23 and appeals in addition to initial, renewal, and 24 other inspections that result from complaints or 25 self-reported incidents. The department of inspections 26 and appeals and the department of human services may 27 examine records of a children’s residential facility 28 and may inquire into matters concerning the children’s 29 residential facility and its employees, volunteers, and 30 subcontractors relating to requirements and standards 31 for children’s residential facilities under this 32 chapter. 33 Sec. 10. NEW SECTION . 237C.10 Injunctive relief 34 —— civil action. 35 -6- SF2304.3428.H (1) 86 md 6/ 9

1. A person who establishes, conducts, manages, 1 or operates a children’s residential facility without 2 a certificate of approval required pursuant to this 3 chapter, or a children’s residential facility with 4 a certificate of approval that is not operating in 5 compliance with rules adopted pursuant to this chapter 6 or section 282.34, may be restrained by temporary 7 or permanent injunction from providing children’s 8 residential facility services or from other involvement 9 with child care. The action may be instituted by the 10 state or a county attorney. 11 2. The parent or legal guardian of a child who is 12 placed in a children’s residential facility, the state, 13 the department of education, or the school district 14 in which the children’s residential facility is 15 located, may bring a civil action seeking relief from 16 conduct constituting a violation of this chapter or 17 section 282.34 or to prevent, restrain, or remedy such 18 violation. A civil action brought by the department 19 of education shall be limited to seeking relief from 20 conduct constituting a violation of section 282.34. 21 Multiple petitioners may join in a single action under 22 this subsection. 23 3. If successful in obtaining injunctive relief 24 under this section, the petitioner shall be awarded 25 reasonable attorney fees and court costs. 26 Sec. 11. NEW SECTION . 237C.11 Notice and hearings 27 —— judicial review. 28 The procedure governing notice and hearing to deny 29 an application or suspend or revoke a certificate of 30 approval shall be in accordance with rules adopted by 31 the department. 32 Sec. 12. NEW SECTION . 282.34 Educational programs 33 for children’s residential facilities. 34 1. A children’s residential facility operating 35 -7- SF2304.3428.H (1) 86 md 7/ 9

under a certificate of approval issued under chapter 1 237C shall do all of the following: 2 a. Provide an educational program and appropriate 3 education services to children residing in the 4 children’s residential facility by contracting with the 5 school district in which the children’s residential 6 facility is located, contracting with an accredited 7 nonpublic school, or becoming accredited as a nonpublic 8 school through the standards and accreditation process 9 described in section 256.11 and adopted by rule by the 10 state board of education. 11 b. Display prominently in all of its major 12 publications and on its internet site a notice 13 accurately describing the educational program and 14 educational services provided by the children’s 15 residential facility. 16 c. Include in any promotional, advertising, 17 or marketing materials regarding the children’s 18 residential facility, available in print or via 19 the internet, all fees charged by the children’s 20 residential facility for the services offered or 21 provided by the children’s residential facility and its 22 refund policy for the return of refundable portions of 23 any fees. 24 2. The state board of education shall adopt by rule 25 pursuant to chapter 17A standards for the following: 26 a. Educational programs and appropriate educational 27 services provided under this section. 28 b. Contracts between children’s residential 29 facilities and school districts or accredited nonpublic 30 schools. 31 c. Notices displayed in accordance with subsection 32 1, paragraph “b” . 33 3. A contract that fails to comply with any of the 34 requirements of subsection 1, or with standards adopted 35 -8- SF2304.3428.H (1) 86 md 8/ 9

by the state board of education under subsection 2, is 1 void. 2 Sec. 13. REPEAL. Chapter 237B, Code 2016, is 3 repealed. 4 Sec. 14. REPORT REQUIREMENT. By January 1, 2017, 5 the department of human services, the department of 6 education, the department of public health, and the 7 state fire marshal shall each submit a report to the 8 general assembly concerning their progress in adopting 9 rules as appropriate under sections 237C.4 and 282.34, 10 as enacted by this Act. 11 Sec. 15. EXISTING FACILITY OPERATED BY BONA FIDE 12 RELIGIOUS INSTITUTION. A facility in existence on the 13 effective date of this Act, and which is exempt from 14 the definition of children’s residential facility under 15 section 237C.1, subsection 3, paragraph “j”, but which 16 would otherwise qualify as a children’s residential 17 facility under section 237C.1, subsection 3, shall 18 notify the department of human services in writing of 19 its existence within thirty days of the effective date 20 of this Act. > 21 -9- SF2304.3428.H (1) 86 md 9/ 9