H.F. 2131 Section 1. Section 232.73, unnumbered paragraph 2, Code 1 2011, is amended to read as follows: 2 As used in this section and in sections 232.73A, 232.77 , and 3 232.78 , “medically relevant test” means a test that produces 4 reliable results of exposure to cocaine, heroin, amphetamine, 5 methamphetamine, or other illegal drugs, or combinations or 6 derivatives of the illegal drugs, including a drug urine screen 7 test. 8 Sec. 2. NEW SECTION . 232.73A Retaliation prohibited —— 9 remedy. 10 1. a. An employer shall not take retaliatory action against 11 an employee as a reprisal for the employee’s participation in 12 good faith in making a report, photograph, or X ray, or in 13 the performance of a medically relevant test pursuant to this 14 chapter, or aiding and assisting in an assessment of a child 15 abuse report pursuant to section 232.71B. This section does 16 not apply to a disclosure of information that is prohibited by 17 statute. 18 b. For purposes of this section, “retaliatory action” 19 includes but is not limited to an employer’s action to 20 discharge an employee or to take or fail to take action 21 regarding an employee’s appointment or proposed appointment 22 to, to take or fail to take action regarding an employee’s 23 promotion or proposed promotion to, or to fail to provide an 24 advantage in a position in employment. 25 2. Subsection 1 may be enforced through a civil action. 26 a. A person who violates subsection 1 is liable to 27 an aggrieved employee for affirmative relief including 28 reinstatement, with or without back pay, or any other equitable 29 relief the court deems appropriate, including attorney fees and 30 costs. 31 b. When a person commits, is committing, or proposes to 32 commit an act in violation of subsection 1, an injunction may 33 be granted through an action in district court to prohibit the 34 person from continuing such acts. The action for injunctive 35 -1- LSB 5572HH (3) 84 jp/nh 1/ 4

H.F. 2131 relief may be brought by an aggrieved employee or the county 1 attorney. 2 Sec. 3. MANDATORY CHILD ABUSE REPORTER TRAINING —— 3 COMMITTEE REVIEW. 4 1. A stakeholder committee shall be convened and staffed 5 by the department of human services to review the training 6 resources for mandatory reporters of child abuse. The review 7 shall address the current training resources and identify 8 options for increasing the frequency of the training and the 9 availability of profession-specific training and for enhancing 10 the effectiveness and quality of the training. The results 11 of the review, including findings, recommendations, and cost 12 projections, shall be submitted to the governor and general 13 assembly on or before December 15, 2012. 14 2. The membership of the committee shall consist of 15 stakeholders involved with the child protection system and 16 representatives of the professions that are mandatory reporters 17 of child abuse. The members shall be appointed, five members 18 each, by the chairpersons of the committees on human resources 19 of the senate and the house of representatives, in consultation 20 with the ranking members of the committees. In addition, four 21 members of the general assembly shall be appointed to serve in 22 an ex officio, nonvoting capacity. The legislative members 23 shall be selected, one member each, by the majority leader of 24 the senate, the minority leader of the senate, the speaker of 25 the house of representatives, and the minority leader of the 26 house of representatives. 27 Sec. 4. ADDITIONAL APPROPRIATIONS TO ADDRESS SEXUAL ABUSE 28 INVOLVING CHILDREN. There is appropriated from the general 29 fund of the state to the department of human services for the 30 fiscal year beginning July 1, 2012, and ending June 30, 2013, 31 the following amounts, or so much thereof as is necessary, to 32 be used for the purposes designated in addition to any other 33 appropriations made for the same or similar purposes: 34 1. For child and family services, to be used to enhance 35 -2- LSB 5572HH (3) 84 jp/nh 2/ 4

H.F. 2131 public understanding of child sexual abuse, including but not 1 limited to precursors and warning signs of the presence of 2 child sexual abuse, methods to protect children from sexual 3 abuse, and methods for concerned persons to report suspected 4 child sexual abuse: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 6 2. For child and family services, to expand existing child 7 sexual abuse prevention efforts: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 9 3. For child and family services, to expand the provision 10 of treatment of juveniles who have committed a sexual offense 11 against another juvenile: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 13 4. For child and family services, for expenses to develop 14 and maintain a comprehensive internet site to provide current, 15 state-of-the-art information to Iowans concerning child sexual 16 abuse: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 18 EXPLANATION 19 This bill relates to sexual abuse of children. 20 New Code section 232.73A prohibits an employer from taking 21 retaliatory action, as defined in the bill, against an employee 22 as a reprisal for the employee’s participation in good faith 23 in making a child abuse report, photograph, or X ray, or in 24 the performance of a medically relevant test, or aiding and 25 assisting in an assessment of a child abuse report pursuant 26 to Code section 232.71B. The retaliation prohibition does 27 not apply when the disclosure of information is prohibited by 28 statute. The bill provides that the retaliation prohibition 29 may be enforced through civil action. A person who violates 30 the retaliation prohibition is liable to an aggrieved employee 31 and if the person commits, is committing, or proposes to commit 32 a prohibited retaliation, an injunction may be granted. The 33 bill makes conforming amendments. 34 The department of human services is required to convene and 35 -3- LSB 5572HH (3) 84 jp/nh 3/ 4

H.F. 2131 staff a stakeholder committee to review the training resources 1 for mandatory reporters of child abuse. The 10 stakeholders 2 are to be appointed five each by the chairpersons of the 3 committees on human resources of the senate and the house of 4 representatives in consultation with the ranking members of the 5 committees. In addition, four legislators are to be appointed 6 by legislative leaders to serve as ex officio, nonvoting 7 members. The committee is required to report to the general 8 assembly and governor by December 15, 2012. 9 Four appropriations are made to the department for child 10 and family services in addition to any other appropriations 11 made for the same or similar purposes for FY 2012-2013. The 12 purposes of the appropriations are as follows: to enhance 13 public understanding of child sexual abuse, to expand existing 14 child sexual abuse prevention efforts, to expand the provision 15 of treatment of juveniles who have committed a sexual offense 16 against another juvenile, and for the expense of developing and 17 maintaining a comprehensive internet site to provide current, 18 state-of-the-art information to Iowans concerning child sexual 19 abuse. 20 -4- LSB 5572HH (3) 84 jp/nh 4/ 4