House File 2438 - Introduced
HOUSE FILE
BY HOGG
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring the department of human services to perform
2 abuse registry and criminal record checks for certain
3 unregistered providers of child care.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5241HH 81
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PAG LIN
1 1 Section 1. Section 237A.5, subsection 2, paragraph a, Code
1 2 2005, is amended by adding the following new subparagraph:
1 3 NEW SUBPARAGRAPH. (0A) "Child care home for which record
1 4 checks are required" means a child care home that is not
1 5 registered under this chapter and is described by any of the
1 6 following:
1 7 (a) The child care home regularly provides child care for
1 8 two or more children and the child care home provider has
1 9 gross income from providing child care of three thousand
1 10 dollars or more in a tax year.
1 11 (b) The child care home is applying for or receiving
1 12 public funding for providing child care.
1 13 Sec. 2. Section 237A.5, subsection 2, paragraph a,
1 14 subparagraph (1), subparagraph subdivision (e), Code 2005, is
1 15 amended to read as follows:
1 16 (e) The person will reside or resides in a child care home
1 17 that is not registered under this chapter but that receives
1 18 public funding for providing child care for which record
1 19 checks are required.
1 20 Sec. 3. Section 237A.5, subsection 2, paragraph b, Code
1 21 2005, is amended to read as follows:
1 22 b. Child care facilities and child care homes for which
1 23 record checks are required shall be subject to criminal and
1 24 abuse record check requirements. The department shall conduct
1 25 the criminal and child abuse record checks in this state and
1 26 may conduct these checks in other states. In addition, the
1 27 department may conduct dependent adult abuse, sex offender
1 28 registry, and other public or civil offense record checks in
1 29 this state or in other states. If the department identifies
1 30 an individual as a person subject to an evaluation, an
1 31 evaluation shall be performed to determine whether prohibition
1 32 of the person's involvement with child care is warranted. The
1 33 evaluation shall be performed in accordance with procedures
1 34 adopted for this purpose by the department.
1 35 Prior to performing an evaluation, the department shall
2 1 notify the affected person, licensee, registrant, or child
2 2 care home applying for or receiving public funding for
2 3 providing child care, that an evaluation will be conducted to
2 4 determine whether prohibition of the person's involvement with
2 5 child care is warranted.
2 6 Sec. 4. Section 237A.5, subsection 2, paragraph f, Code
2 7 2005, is amended to read as follows:
2 8 f. If it has been determined that a child receiving child
2 9 care from a child care facility or a child care home which
2 10 receives public funding for providing child care is the victim
2 11 of founded child abuse committed by an employee, license or
2 12 registration holder, child care home provider, or resident of
2 13 the child care facility or child care home for which a report
2 14 is placed in the central registry pursuant to section 232.71D,
2 15 the administrator shall provide notification at the time of
2 16 the determination to the parents, guardians, and custodians of
2 17 children receiving care from the facility or child care home.
2 18 A notification made under this paragraph shall identify the
2 19 type of abuse but shall not identify the victim or perpetrator
2 20 or circumstances of the founded abuse.
2 21 EXPLANATION
2 22 This bill requires the department of human services to
2 23 perform abuse registry and criminal record checks for certain
2 24 unregistered providers of child care.
2 25 Under Code chapter 237A, a person who provides child care
2 26 on a regular basis to five or fewer children at any one time
2 27 is defined as a child care home provider and is not required
2 28 to register with the department. Under current law in Code
2 29 section 237A.5, an unregistered child care home provider that
2 30 is applying for or receiving public funding for providing
2 31 child care is subject to record checks by the department.
2 32 The bill provides that if a child care home provider
2 33 regularly provides care for two or more children and the child
2 34 care home provider has gross income from providing child care
2 35 of $3,000 or more in a tax year, the child care home provider
3 1 is also subject to the record checks. The bill provides a new
3 2 definition of "child care home for which record checks are
3 3 required" in which the existing public funding requirement and
3 4 new annual income threshold requirement are combined.
3 5 The bill includes other conforming amendments to the record
3 6 check requirement provisions of Code section 237A.5. Under
3 7 current law in Code section 237A.5, if a person who is subject
3 8 to a record check has committed certain types of
3 9 transgressions, the person is subject to an evaluation by the
3 10 department and, depending on the nature of the transgression
3 11 and results of the evaluation, may be prohibited from
3 12 involvement with child care.
3 13 LSB 5241HH 81
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