HOUSE FILE 2131

BY  M. SMITH

A BILL FOR

An Act relating to sexual abuse of children and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.73, unnumbered paragraph 2, Code 2011, is amended to read as follows:
   As used in this section and in sections
 
232.73A, 232.77, and 232.78, “medically relevant test” means a test that produces reliable results of exposure to cocaine, heroin, amphetamine, methamphetamine, or other illegal drugs, or combinations or derivatives of the illegal drugs, including a drug urine screen test.
    Sec. 2.  NEW SECTION.  232.73A  Retaliation prohibited —— remedy.
   1.
  a.  An employer shall not take retaliatory action against an employee as a reprisal for the employee’s participation in good faith in making a report, photograph, or X ray, or in the performance of a medically relevant test pursuant to this chapter, or aiding and assisting in an assessment of a child abuse report pursuant to section 232.71B. This section does not apply to a disclosure of information that is prohibited by statute.
   b.  For purposes of this section, “retaliatory action” includes but is not limited to an employer’s action to discharge an employee or to take or fail to take action regarding an employee’s appointment or proposed appointment to, to take or fail to take action regarding an employee’s promotion or proposed promotion to, or to fail to provide an advantage in a position in employment.
   2.  Subsection 1 may be enforced through a civil action.
   a.  A person who violates subsection 1 is liable to an aggrieved employee for affirmative relief including reinstatement, with or without back pay, or any other equitable relief the court deems appropriate, including attorney fees and costs.
   b.  When a person commits, is committing, or proposes to commit an act in violation of subsection 1, an injunction may be granted through an action in district court to prohibit the person from continuing such acts. The action for injunctive relief may be brought by an aggrieved employee or the county attorney.
    Sec. 3.  MANDATORY CHILD ABUSE REPORTER TRAINING —— COMMITTEE REVIEW.
   1.  A stakeholder committee shall be convened and staffed by the department of human services to review the training resources for mandatory reporters of child abuse. The review shall address the current training resources and identify options for increasing the frequency of the training and the availability of profession-specific training and for enhancing the effectiveness and quality of the training. The results of the review, including findings, recommendations, and cost projections, shall be submitted to the governor and general assembly on or before December 15, 2012.
   2.  The membership of the committee shall consist of stakeholders involved with the child protection system and representatives of the professions that are mandatory reporters of child abuse. The members shall be appointed, five members each, by the chairpersons of the committees on human resources of the senate and the house of representatives, in consultation with the ranking members of the committees. In addition, four members of the general assembly shall be appointed to serve in an ex officio, nonvoting capacity. The legislative members shall be selected, one member each, by the majority leader of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives.
    Sec. 4.  ADDITIONAL APPROPRIATIONS TO ADDRESS SEXUAL ABUSE INVOLVING CHILDREN.  There is appropriated from the general fund of the state to the department of human services for the fiscal year beginning July 1, 2012, and ending June 30, 2013, the following amounts, or so much thereof as is necessary, to be used for the purposes designated in addition to any other appropriations made for the same or similar purposes:
   1.  For child and family services, to be used to enhance public understanding of child sexual abuse, including but not limited to precursors and warning signs of the presence of child sexual abuse, methods to protect children from sexual abuse, and methods for concerned persons to report suspected child sexual abuse:
.................................................. $    500,000
   2.  For child and family services, to expand existing child sexual abuse prevention efforts:
.................................................. $    500,000
   3.  For child and family services, to expand the provision of treatment of juveniles who have committed a sexual offense against another juvenile:
.................................................. $    500,000
   4.  For child and family services, for expenses to develop and maintain a comprehensive internet site to provide current, state-of-the-art information to Iowans concerning child sexual abuse:
.................................................. $    500,000
EXPLANATION
   This bill relates to sexual abuse of children.
   New Code section 232.73A prohibits an employer from taking retaliatory action, as defined in the bill, against an employee as a reprisal for the employee’s participation in good faith in making a child abuse report, photograph, or X ray, or in the performance of a medically relevant test, or aiding and assisting in an assessment of a child abuse report pursuant to Code section 232.71B. The retaliation prohibition does not apply when the disclosure of information is prohibited by statute. The bill provides that the retaliation prohibition may be enforced through civil action. A person who violates the retaliation prohibition is liable to an aggrieved employee and if the person commits, is committing, or proposes to commit a prohibited retaliation, an injunction may be granted. The bill makes conforming amendments.
   The department of human services is required to convene and staff a stakeholder committee to review the training resources for mandatory reporters of child abuse. The 10 stakeholders are to be appointed five each by the chairpersons of the committees on human resources of the senate and the house of representatives in consultation with the ranking members of the committees. In addition, four legislators are to be appointed by legislative leaders to serve as ex officio, nonvoting members. The committee is required to report to the general assembly and governor by December 15, 2012.
   Four appropriations are made to the department for child and family services in addition to any other appropriations made for the same or similar purposes for FY 2012-2013. The purposes of the appropriations are as follows: to enhance public understanding of child sexual abuse, to expand existing child sexual abuse prevention efforts, to expand the provision of treatment of juveniles who have committed a sexual offense against another juvenile, and for the expense of developing and maintaining a comprehensive internet site to provide current, state-of-the-art information to Iowans concerning child sexual abuse.