House File 8 



                                       HOUSE FILE       
                                       BY  MERTZ


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

                                      A BILL FOR

  1 An Act relating to child abuse involving members of the clergy
  2    and child abuse reporting requirements, and making penalties
  3    applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1023YH 83
  6 jp/nh/5

PAG LIN



  1  1    Section 1.  Section 232.68, subsection 2, paragraph d, Code
  1  2 2009, is amended to read as follows:
  1  3    d.  The failure on the part of a person responsible for the
  1  4 care of a child to provide for the adequate food, shelter,
  1  5 clothing or other care necessary for the child's health and
  1  6 welfare when financially able to do so or when offered
  1  7 financial or other reasonable means to do so.  A parent or
  1  8 guardian legitimately practicing religious beliefs who does
  1  9 not provide specified medical treatment for a child for that
  1 10 reason alone shall not be considered abusing the child,
  1 11 however this provision shall not preclude a court from
  1 12 ordering that medical service be provided to the child where
  1 13 the child's health requires it.  Such a failure on the part of
  1 14 a member of the clergy who is a person responsible for the
  1 15 care of a child shall be considered child abuse only to the
  1 16 extent and duration of the care provided to the child by the
  1 17 member of the clergy.
  1 18    Sec. 2.  Section 232.68, subsection 7, Code 2009, is
  1 19 amended by adding the following new paragraph:
  1 20    NEW PARAGRAPH.  e.  A member of the clergy who came to know
  1 21 a child through an official capacity or position of trust.
  1 22    Sec. 3.  Section 232.69, subsection 1, paragraph b, Code
  1 23 2009, is amended by adding the following new subparagraph:
  1 24    NEW SUBPARAGRAPH.  (14)  A member of the clergy.
  1 25    Sec. 4.  Section 232.70, subsection 2, Code 2009, is
  1 26 amended to read as follows:
  1 27    2.  A mandatory or permissive reporter may also notify the
  1 28 reporter's employer or supervisor or other person with
  1 29 authority over the mandatory or permissive reporter regarding
  1 30 the child abuse report.  The employer or supervisor of a
  1 31 person who is a mandatory or permissive reporter or a person
  1 32 in authority receiving the report shall not apply a policy,
  1 33 work rule, or other requirement that interferes with the
  1 34 person making a report of child abuse and shall not exercise
  1 35 any control or restraint in the making of the report or
  2  1 initiate a modification or other change in the report content.
  2  2                           EXPLANATION
  2  3    This bill relates to child abuse involving members of the
  2  4 clergy and child abuse reporting requirements, and makes
  2  5 penalties applicable.
  2  6    Iowa law involving child abuse defines various acts as
  2  7 child abuse and provides that child abuse exists when any of
  2  8 the acts in the definition are committed on a child by a
  2  9 caretaker defined as a "person responsible for the care of a
  2 10 child".  The bill explicitly expands the child abuse law to
  2 11 include members of the clergy who came to know a child through
  2 12 an official capacity or position of trust in the child abuse
  2 13 law by amending the law's definitions to include such clergy.
  2 14 Under the definitions, child abuse acts include nonaccidental
  2 15 physical injury, mental injury, various sexual offenses,
  2 16 neglect, and the presence of an illegal drug in a child's
  2 17 body.
  2 18    The "neglect" portion of the definition of the term "child
  2 19 abuse" in Code section 232.68, involving failure of a person
  2 20 responsible for the care of a child to provide adequate food,
  2 21 shelter, clothing, or other care necessary for the child's
  2 22 health and welfare, is amended to clarify that this portion's
  2 23 applicability to a member of the clergy who is such a person
  2 24 is limited to the extent and duration of the care provided to
  2 25 the child by the member of the clergy.
  2 26    The definition in Code section 232.68 of the term "person
  2 27 responsible for the care of a child" used in the child abuse
  2 28 statute is expanded.  The expansion includes in the definition
  2 29 a member of the clergy who came to know a child through an
  2 30 official capacity or position of trust.  This inclusion
  2 31 triggers requirements in law for reporting of child abuse acts
  2 32 by such members of the clergy.
  2 33    A report of child abuse is made to the department of human
  2 34 services and the department involves law enforcement and
  2 35 notifies the county attorney.  The department performs an
  3  1 assessment of the child abuse allegations and issues a written
  3  2 report.  If the department finds that child abuse occurred,
  3  3 unless the injury or risk of harm was determined to be minor,
  3  4 isolated, and unlikely to recur, the name of the person
  3  5 alleged to have committed the abuse is placed on the central
  3  6 child abuse registry as having committed founded child abuse.
  3  7    The list of those who are mandatory reporters of child
  3  8 abuse in Code section 232.69 is expanded to include members of
  3  9 the clergy.  A mandatory reporter is required to complete two
  3 10 hours of training relating to the identification and reporting
  3 11 of child abuse within six months of initial employment and to
  3 12 complete at least two hours of additional child abuse
  3 13 identification and reporting training every five years.
  3 14    The requirements for the process of making a child abuse
  3 15 report in Code section 232.70 are also expanded.  The bill
  3 16 explicitly authorizes a mandatory or permissive reporter to
  3 17 notify the reporter's employer or supervisor or other person
  3 18 with authority over the reporter regarding the report.
  3 19 Current law prohibits an employer or supervisor from applying
  3 20 a policy, work rule, or other requirement that interferes with
  3 21 a person making a report of child abuse.  The bill also
  3 22 prohibits an employer or supervisor or a person in authority
  3 23 from exercising any control or restraint in the making of a
  3 24 report or from initiating any modification or other change in
  3 25 the report content.
  3 26    Penalties in current law would apply to the changes made in
  3 27 the bill.  Any person, official, agency, or institution
  3 28 required to report a suspected case of child abuse who
  3 29 knowingly and willfully fails to do so commits a simple
  3 30 misdemeanor.  A simple misdemeanor is punishable by
  3 31 confinement for no more than 30 days or a fine of at least $65
  3 32 but not more than $625 or by both.
  3 33    Any person, official, agency, or institution required to
  3 34 report a suspected case of child abuse who knowingly fails to
  3 35 do so or who knowingly interferes with the making of such a
  4  1 report in violation of Code section 232.70 is civilly liable
  4  2 for the damages proximately caused by such failure or
  4  3 interference.
  4  4 LSB 1023YH 83
  4  5 jp/nh/5