House
File
2444
-
Enrolled
House
File
2444
AN
ACT
RELATING
TO
CHILD
CARE
FACILITIES,
INCLUDING
CHILD
ABUSE
REPORTING
AND
THE
PROHIBITION
OF
CERTAIN
PERSONS
FROM
INVOLVEMENT
WITH
CHILD
CARE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
232.69,
subsection
1,
paragraph
b,
Code
2018,
is
amended
by
adding
the
following
new
subparagraph:
NEW
SUBPARAGRAPH
.
(14)
An
employee,
operator,
owner,
or
other
person
who
performs
duties
for
a
children’s
residential
facility
certified
under
chapter
237C.
Sec.
2.
Section
237A.5,
subsection
2,
paragraph
d,
Code
2018,
is
amended
by
adding
the
following
new
subparagraph:
NEW
SUBPARAGRAPH
.
(4)
If
a
person
subject
to
a
record
check
refuses
to
consent
to
a
record
check
or
if
the
person
makes
what
the
person
knows
to
be
a
false
statement
of
material
fact
in
connection
with
a
record
check,
the
person
shall
be
prohibited
from
involvement
with
child
care.
House
File
2444,
p.
2
Sec.
3.
Section
237A.5,
subsection
2,
paragraph
i,
Code
2018,
is
amended
by
striking
the
paragraph
and
inserting
in
lieu
thereof
the
following:
i.
(1)
A
person
subject
to
an
evaluation
shall
be
prohibited
from
involvement
with
child
care
under
any
of
the
following
circumstances:
(a)
The
person
has
a
record
of
founded
child
abuse
or
dependent
adult
abuse
that
was
determined
to
be
sexual
abuse.
(b)
The
person
is
listed
or
is
required
to
be
listed
on
any
state
sex
offender
registry
or
the
national
sex
offender
registry.
(c)
If
the
person
has
committed
any
of
the
following
felony-level
offenses:
(i)
Child
endangerment
or
neglect
or
abandonment
of
a
dependent
person.
(ii)
Domestic
abuse.
(iii)
A
crime
against
a
child
including
but
not
limited
to
sexual
exploitation
of
a
minor.
(iv)
A
forcible
felony.
(v)
Arson.
(d)
The
person
has
a
record
of
a
misdemeanor
conviction
against
a
child
that
constitutes
one
of
the
following
offenses:
(i)
Child
abuse.
(ii)
Child
endangerment.
(iii)
Sexual
assault.
(iv)
Child
pornography.
(2)
If,
within
five
years
prior
to
the
date
of
application
for
registration
or
licensure
under
this
chapter,
for
employment
or
residence
in
a
child
care
facility
or
child
care
home,
or
for
receipt
of
public
funding
for
providing
child
care,
a
person
subject
to
an
evaluation
has
been
convicted
of
a
controlled
substance
offense
or
has
been
found
to
have
committed
physical
abuse,
the
person
shall
be
prohibited
from
involvement
with
child
care
for
a
period
of
five
years
from
the
date
of
conviction
or
founded
abuse.
After
the
five-year
prohibition
period,
the
person
may
submit
an
application
for
registration
or
licensure
under
this
chapter,
or
to
receive
public
funding
for
providing
child
care
or
may
request
an
evaluation,
and
the
department
shall
perform
an
evaluation
House
File
2444,
p.
3
and,
based
upon
the
criteria
in
paragraph
“h”
,
shall
determine
whether
prohibition
of
the
person’s
involvement
with
child
care
continues
to
be
warranted.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2444,
Eighty-seventh
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2018
______________________________
KIM
REYNOLDS
Governor