House File 57
HOUSE FILE
BY McCARTHY, KRAMER, MURPHY,
and JENKINS
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 1366HH 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 during a penitential communication, the
1 6 clergy member is not subject to the requirement to make the
1 7 report. For the purposes of this subparagraph, "penitential
1 8 communication" means a communication intended to be in
1 9 confidence, including but not limited to a sacramental
1 10 confession made to a clergy member who, in the course of the
1 11 discipline or practice of the clergy member's church,
1 12 denomination, or organization, is authorized to hear those
1 13 communications, and under the discipline, practice, tenets, or
1 14 customs of the church, denomination, or organization, the
1 15 clergy member has the duty to keep the communication secret.
1 16 This subparagraph shall not be construed to modify or limit a
1 17 clergy member's duty to report the belief that a child has
1 18 been abused when the clergy member is acting in some other
1 19 capacity that would otherwise make the clergy member a
1 20 mandatory reporter of abuse.
1 21 Sec. 2. Section 232.69, subsection 3, paragraph b, Code
1 22 2003, is amended to read as follows:
1 23 b. A person required to make a report under subsection 1,
1 24 other than a physician whose professional practice does not
1 25 regularly involve providing primary health care to children or
1 26 a member of the clergy, shall complete two hours of training
1 27 relating to the identification and reporting of child abuse
1 28 within six months of initial employment or self=employment
1 29 involving the examination, attending, counseling, or treatment
1 30 of children on a regular basis. Within one month of initial
1 31 employment or self=employment, the person shall obtain a
1 32 statement of the abuse reporting requirements from the
1 33 person's employer or, if self=employed, from the department.
1 34 The person shall complete at least two hours of additional
1 35 child abuse identification and reporting training every five
2 1 years.
2 2 EXPLANATION
2 3 This bill requires members of the clergy to be mandatory
2 4 reporters of child abuse under certain circumstances.
2 5 Members of the clergy are added to the list of those who
2 6 are mandatory reporters of child abuse in Code section 232.69.
2 7 An exception to the requirement applies if due to information
2 8 obtained during a penitential communication a clergy member
2 9 comes to believe a child has suffered abuse. "Penitential
2 10 communication" is defined as communication intended to be in
2 11 confidence to a clergy member who is authorized to hear and
2 12 has a duty to keep secret such communication in accordance
2 13 with the discipline, tenets, customs, or practices of the
2 14 clergy member's church, denomination, or organization.
2 15 Current law requires a mandatory reporter of child abuse to
2 16 complete two hours of training relating to the identification
2 17 and reporting of child abuse every five years. The bill
2 18 provides an exception to this requirement for members of the
2 19 clergy.
2 20 LSB 1366HH 80
2 21 jp/pj/5