House File 179 - Introduced HOUSE FILE BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HF 8) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act including members of the clergy as mandatory reporters of 2 child abuse, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1023HV 83 5 jp/nh/5 PAG LIN 1 1 Section 1. Section 232.69, subsection 1, paragraph b, Code 1 2 2009, is amended by adding the following new subparagraph: 1 3 NEW SUBPARAGRAPH. (14) A member of the clergy. However, 1 4 if the belief that a child has suffered abuse arises from 1 5 information obtained only during a penitential communication, 1 6 the clergy member is not subject to the requirement to make 1 7 the report. This subparagraph shall not be construed to 1 8 modify or limit a clergy member's duty to report the belief 1 9 that a child has been abused when the clergy member is acting 1 10 in some other capacity that would otherwise make the clergy 1 11 member a mandatory reporter of abuse. For the purposes of 1 12 this subparagraph, unless the context otherwise requires: 1 13 (a) "Clergy member" or "member of the clergy" means an 1 14 individual who is designated as clergy by ordination, 1 15 licensing, or other form of entitlement by the religious group 1 16 or sect with whom the individual is affiliated. 1 17 (b) "Penitential communication" means a communication 1 18 intended to be in confidence, including but not limited to a 1 19 sacramental confession made to a clergy member who, in the 1 20 course of the discipline or practice of the clergy member's 1 21 religious group or sect, is authorized to hear those 1 22 communications, and under the discipline, practice, tenets, or 1 23 customs of the religious group or sect, the clergy member has 1 24 the duty to keep the communication secret. 1 25 Sec. 2. Section 232.69, subsection 3, paragraph b, Code 1 26 2009, is amended to read as follows: 1 27 b. A person required to make a report under subsection 1, 1 28 other than a physician whose professional practice does not 1 29 regularly involve providing primary health care to children or 1 30 a member of the clergy, shall complete two hours of training 1 31 relating to the identification and reporting of child abuse 1 32 within six months of initial employment or self=employment 1 33 involving the examination, attending, counseling, or treatment 1 34 of children on a regular basis. Within one month of initial 1 35 employment or self=employment, the person shall obtain a 2 1 statement of the abuse reporting requirements from the 2 2 person's employer or, if self=employed, from the department. 2 3 The person shall complete at least two hours of additional 2 4 child abuse identification and reporting training every five 2 5 years. 2 6 EXPLANATION 2 7 This bill requires members of the clergy to be mandatory 2 8 reporters of child abuse under certain circumstances. 2 9 Members of the clergy are added to the list of those who 2 10 are mandatory reporters of child abuse in Code section 232.69. 2 11 An exception to the requirement applies if due to information 2 12 obtained only during a penitential communication a clergy 2 13 member comes to believe a child has suffered abuse. 2 14 "Member of the clergy" or "clergy member" is defined as a 2 15 person authorized by ordination, licensing, or other form of 2 16 entitlement of the religious group or sect with which the 2 17 person is affiliated to provide pastoral care and counseling 2 18 to the group, sect, or others. "Penitential communication" is 2 19 defined as communication intended to be in confidence to a 2 20 clergy member who is authorized to hear and has a duty to keep 2 21 secret such communication in accordance with the discipline, 2 22 tenets, customs, or practices of the clergy member's religious 2 23 group or sect. 2 24 Current law requires a mandatory reporter of child abuse to 2 25 complete two hours of training relating to the identification 2 26 and reporting of child abuse every five years. The bill 2 27 provides an exception to this requirement for members of the 2 28 clergy. 2 29 LSB 1023HV 83 2 30 jp/nh/5