House File 505 - Enrolled




                                             HOUSE FILE 505

                             AN ACT
 REQUIRING RECORD CHECKS FOR PERSONS WHO ARE PROSPECTIVE OR
    CURRENT VOLUNTEERS FOR THE IOWA VETERANS HOME.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  35D.14A  VOLUNTEER RECORD CHECKS.
    1.  Persons who are potential volunteers or volunteers in
 the Iowa veterans home in a position having direct individual
 contact with patients or residents of the home shall be
 subject to criminal history and child and dependent adult
 abuse record checks in accordance with this section.  The Iowa
 veterans home shall request that the department of public
 safety perform the criminal history check and the department
 of human services perform child and dependent adult abuse
 record checks of the person in this state and may request
 these checks in other states.
    2.  a.  If it is determined that a person has been
 convicted of a crime under a law of any state or has a record
 of founded child or dependent adult abuse, the person shall
 not participate as a volunteer with direct individual contact
 with patients or residents of the Iowa veterans home unless an
 evaluation has been performed by the department of human
 services to determine whether the crime or founded child or
 dependent adult abuse warrants prohibition of the person's
 participation as a volunteer in the Iowa veterans home.  The
 department of human services shall perform such evaluation
 upon the request of the Iowa veterans home.
    b.  In an evaluation, the department of human services
 shall consider the nature and seriousness of the crime or
 founded child or dependent adult abuse in relation to the
 position sought or held, the time elapsed since the commission
 of the crime or founded child or dependent adult abuse, the
 circumstances under which the crime or founded child or
 dependent adult abuse was committed, the degree of
 rehabilitation, the likelihood that the person will commit the
 crime or founded child or dependent adult abuse again, and the
 number of crimes or founded child or dependent adult abuses
 committed by the person involved.
    c.  If the department of human services performs an
 evaluation for the purposes of this section, the department of
 human services has final authority in determining whether
 prohibition of the person's participation as a volunteer is
 warranted.  The department of human services may permit a
 person who is evaluated to participate as a volunteer if the
 person complies with the department's conditions relating to
 participation as a volunteer which may include completion of
 additional training.
    Sec. 2.  Section 235A.15, subsection 2, paragraph e, Code
 2009, is amended by adding the following new subparagraph:
    NEW SUBPARAGRAPH.  (19)  To the Iowa veterans home for
 purposes of record checks of potential volunteers and
 volunteers in the Iowa veterans home.
    Sec. 3.  Section 235B.6, subsection 2, paragraph e, Code
 2009, is amended by adding the following new subparagraph:
    NEW SUBPARAGRAPH.  (14)  To the Iowa veterans home for
 purposes of record checks of potential volunteers and
 volunteers in the Iowa veterans home.


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House


                                                             
                               JOHN P. KIBBIE
                               President of the Senate

    I hereby certify that this bill originated in the House and
 is known as House File 505, Eighty=third General Assembly.


                                                             
                               MARK BRANDSGARD
                               Chief Clerk of the House
 Approved                , 2009


                            
 CHESTER J. CULVER
 Governor

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