House File 156
HOUSE FILE
BY COMMITTEE ON HUMAN RESOURCES
(SUCCESSOR TO HF 57)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring members of the clergy to be mandatory reporters
2 of child abuse under certain circumstances.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1366HV 80
5 jp/pj/5
PAG LIN
1 1 Section 1. Section 232.69, subsection 1, paragraph b, Code
1 2 2003, is amended by adding the following new subparagraph:
1 3 NEW SUBPARAGRAPH. (13) A member of the clergy. However,
1 4 if the belief that a child has suffered abuse arises from
1 5 information obtained only during a penitential communication,
1 6 the clergy member is not subject to the requirement to make
1 7 the report. This subparagraph shall not be construed to
1 8 modify or limit a clergy member's duty to report the belief
1 9 that a child has been abused when the clergy member is acting
1 10 in some other capacity that would otherwise make the clergy
1 11 member a mandatory reporter of abuse. For the purposes of
1 12 this subparagraph, unless the context otherwise requires:
1 13 (a) "Clergy member" or "member of the clergy" means an
1 14 individual who by ordination, licensing, or other form of
1 15 entitlement, as recognized by the religious group or sect with
1 16 whom the individual is affiliated, is authorized to provide
1 17 pastoral care and counseling to group or sect members and
1 18 others seeking such care and counseling.
1 19 (b) "Penitential communication" means a communication
1 20 intended to be in confidence, including but not limited to a
1 21 sacramental confession made to a clergy member who, in the
1 22 course of the discipline or practice of the clergy member's
1 23 religious group or sect, is authorized to hear those
1 24 communications, and under the discipline, practice, tenets, or
1 25 customs of the religious group or sect, the clergy member has
1 26 the duty to keep the communication secret.
1 27 Sec. 2. Section 232.69, subsection 3, paragraph b, Code
1 28 2003, is amended to read as follows:
1 29 b. A person required to make a report under subsection 1,
1 30 other than a physician whose professional practice does not
1 31 regularly involve providing primary health care to children or
1 32 a member of the clergy, shall complete two hours of training
1 33 relating to the identification and reporting of child abuse
1 34 within six months of initial employment or self=employment
1 35 involving the examination, attending, counseling, or treatment
2 1 of children on a regular basis. Within one month of initial
2 2 employment or self=employment, the person shall obtain a
2 3 statement of the abuse reporting requirements from the
2 4 person's employer or, if self=employed, from the department.
2 5 The person shall complete at least two hours of additional
2 6 child abuse identification and reporting training every five
2 7 years.
2 8 EXPLANATION
2 9 This bill requires members of the clergy to be mandatory
2 10 reporters of child abuse under certain circumstances.
2 11 Members of the clergy are added to the list of those who
2 12 are mandatory reporters of child abuse in Code section 232.69.
2 13 An exception to the requirement applies if due to information
2 14 obtained only during a penitential communication a clergy
2 15 member comes to believe a child has suffered abuse.
2 16 "Member of the clergy" or "clergy member" is defined as a
2 17 person authorized by ordination, licensing, or other form of
2 18 entitlement of the religious group or sect with which the
2 19 person is affiliated to provide pastoral care and counseling
2 20 to the group, sect, or others. "Penitential communication" is
2 21 defined as communication intended to be in confidence to a
2 22 clergy member who is authorized to hear and has a duty to keep
2 23 secret such communication in accordance with the discipline,
2 24 tenets, customs, or practices of the clergy member's religious
2 25 group or sect.
2 26 Current law requires a mandatory reporter of child abuse to
2 27 complete two hours of training relating to the identification
2 28 and reporting of child abuse every five years. The bill
2 29 provides an exception to this requirement for members of the
2 30 clergy.
2 31 LSB 1366HV 80
2 32 jp/pj/5