House File 2386 - Introduced



                                       HOUSE FILE       
                                       BY  TYMESON and HEATON


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring a national criminal history record check for
  2    certain child care providers.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5528YH 82
  5 jp/nh/8

PAG LIN



  1  1    Section 1.  Section 237A.5, subsection 2, paragraphs b and
  1  2 c, Code 2007, are amended to read as follows:
  1  3    b.  If an individual person subject to a record check is
  1  4 being considered for employment by a child care facility or
  1  5 child care home, in lieu of prior to requesting a
  1  6 fingerprint=based record check to be conducted by the
  1  7 department under paragraph "c", the child care facility or
  1  8 child care home may access the single contact repository
  1  9 established pursuant to section 135C.33 as necessary to
  1 10 conduct a criminal and child abuse record check of the
  1 11 individual in this state.  A copy of the results of the record
  1 12 check conducted through the single contact repository shall
  1 13 also be provided to the department.  If the record check
  1 14 indicates the individual is a person subject to an evaluation,
  1 15 the child care facility or child care home may request that
  1 16 the department perform an evaluation as provided in this
  1 17 subsection.  Otherwise, the individual shall not be employed
  1 18 by the child care facility or child care home.  The cost of
  1 19 accessing the single contact repository is the responsibility
  1 20 of the child care facility or home.
  1 21    c.  (1)  Unless a record check has already been conducted
  1 22 in accordance with paragraph "b", For a person subject to a
  1 23 record check, in addition to any record check conducted
  1 24 pursuant to paragraph "b" and the record checks conducted
  1 25 under subparagraph (2), the person's fingerprints shall be
  1 26 provided to the department of public safety for submission
  1 27 through the state criminal history repository to the United
  1 28 States department of justice, federal bureau of investigation
  1 29 for a national criminal history check.  The cost of the
  1 30 national criminal history check and any other record checks
  1 31 conducted under this lettered paragraph is the responsibility
  1 32 of the department.
  1 33    (2)  In addition to the national criminal history check,
  1 34 the department shall conduct a criminal and child abuse record
  1 35 check in this state for a person who is subject to a record
  2  1 check and may conduct such a child abuse record check in other
  2  2 states.  In addition, the department may conduct a dependent
  2  3 adult abuse, sex offender registry, or other public or civil
  2  4 offense record check in this state or in other states for a
  2  5 person who is subject to a record check.  If record checks of
  2  6 a person who is subject to a record check have been conducted
  2  7 through the single contact repository as described in
  2  8 paragraph "b", the department may forego the record checks
  2  9 addressed by this subparagraph.
  2 10    (3)  If a record check performed pursuant to this lettered
  2 11 paragraph identifies an individual as a person subject to an
  2 12 evaluation, an evaluation shall be performed to determine
  2 13 whether prohibition of the person's involvement with child
  2 14 care is warranted.  The evaluation shall be performed in
  2 15 accordance with procedures adopted for this purpose by the
  2 16 department.
  2 17    (4)  Prior to performing an evaluation, the department
  2 18 shall notify the affected person, licensee, registrant, or
  2 19 child care home applying for or receiving public funding for
  2 20 providing child care, that an evaluation will be conducted to
  2 21 determine whether prohibition of the person's involvement with
  2 22 child care is warranted.
  2 23                           EXPLANATION
  2 24    This bill requires a fingerprint=based national criminal
  2 25 history record check to be conducted for certain child care
  2 26 providers who are registered, licensed, or receiving child
  2 27 care funding administered by the department of human services
  2 28 (DHS).
  2 29    Under current law in Code section 237A.5, DHS is required
  2 30 to conduct a criminal and child abuse record check in this
  2 31 state for a "person who is subject to a record check".  The
  2 32 term applies to persons registered or licensed or being
  2 33 considered for licensure or registration; persons being
  2 34 considered by a child care facility for employment involving
  2 35 direct responsibility for a child or with access to a child
  3  1 when the child is alone or persons who are currently employed
  3  2 with such responsibilities; persons who will reside or reside
  3  3 in a child care facility; persons who have applied for or are
  3  4 receiving public funding for providing child care; and persons
  3  5 who will reside or reside in a child care home that is not
  3  6 registered but that receives public funding for providing
  3  7 child care.
  3  8    The bill amends Code section 237A.5 to require that, in
  3  9 addition to the state record checks for such a person, the
  3 10 person's fingerprints shall be provided to the department of
  3 11 public safety for submission through the state criminal
  3 12 history repository to the United States department of justice,
  3 13 federal bureau of investigation, for a national criminal
  3 14 history check.  The DHS is responsible for the cost of the
  3 15 national criminal history check and the checks addressed in
  3 16 current law.
  3 17    Current law authorizes a licensed or registered child care
  3 18 facility or an unregistered child care home to access the
  3 19 single contact repository maintained by the DHS in order to
  3 20 conduct the in=state criminal and child abuse record checks
  3 21 required under current law.  The bill continues to authorize
  3 22 such access to be made prior to the fingerprint=based national
  3 23 criminal history check and clarifies that the child care
  3 24 facility or home is responsible for the cost of the access.
  3 25 LSB 5528YH 82
  3 26 jp/nh/8