House File 8HOUSE 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