SENATE/HOUSE FILE _____
BY  COMMITTEE ON HUMAN RESOURCES
(SUCCESSOR TO )


A BILL FOR

An Act increasing the child age applicable to mandatory reporting of suspected child sexual abuse perpetrated by a person other than the person responsible for the care of the child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 232.69, subsection 1, unnumbered paragraph 1, Code 2003, is amended to read as follows:
   The classes of persons enumerated in this subsection shall
make a report within twenty-four hours and as provided in
section 232.70, of cases of child abuse. In addition, the
classes of persons enumerated in this subsection shall make a
report of abuse of a child who is under twelvesixteen years
of age and may make a report of abuse of a child who is twelve
sixteen years of age or older, which would be defined as child
abuse under section 232.68, subsection 2, paragraph "c" or
"e", except that the abuse resulted from the acts or omissions
of a person other than a person responsible for the care of
the child.
    Sec. 2.  Section 232.69, subsection 1, paragraph b, Code 2003, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH  (13)  A member of the clergy. However,
if the belief that a child has suffered abuse arises from
information obtained only during a penitential communication,
the clergy member is not subject to the requirement to make
the report. This subparagraph shall not be construed to
modify or limit a clergy member's duty to report the belief
that a child has been abused when the clergy member is acting
in some other capacity that would otherwise make the clergy
member a mandatory reporter of abuse. For the purposes of
this subparagraph, unless the context otherwise requires:
   (a)  "Clergy member" or "member of the clergy" means an
individual who is designated as clergy by ordination,
licensing, or other form of entitlement by the religious group
or sect with whom the individual is affiliated.
   (b)  "Penitential communication" means a communication
intended to be in confidence, including but not limited to a
sacramental confession made to a clergy member who, in the
course of the discipline or practice of the clergy member's
religious group or sect, is authorized to hear those
communications, and under the discipline, practice, tenets, or
customs of the religious group or sect, the clergy member has
the duty to keep the communication secret.
    Sec. 3.  Section 232.69, subsection 3, paragraph b, Code 2003, is amended to read as follows:
   b.  A person required to make a report under subsection 1,
other than a physician whose professional practice does not
regularly involve providing primary health care to children or
a member of the clergy
, shall complete two hours of training
relating to the identification and reporting of child abuse
within six months of initial employment or self-employment
involving the examination, attending, counseling, or treatment
of children on a regular basis. Within one month of initial
employment or self-employment, the person shall obtain a
statement of the abuse reporting requirements from the
person's employer or, if self-employed, from the department.
The person shall complete at least two hours of additional
child abuse identification and reporting training every five
years.