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 ofprior 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 conductsucha 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