Senate File 2035 - Introduced SENATE FILE 2035 BY BEALL A BILL FOR An Act relating to child abuse by prohibiting retaliation 1 for reporting, providing for implementation of reporting 2 policies at postsecondary institutions, requiring 3 planning for training requirements, and providing for the 4 distribution of information on child sexual abuse, and 5 providing a remedy. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5485XS (3) 84 ad/nh

S.F. 2035 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 5485XS (3) 84 ad/nh 1/ 5

S.F. 2035 relief may be brought by an aggrieved employee or the county 1 attorney. 2 Sec. 3. Section 260C.14, Code 2011, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 23. Develop and implement a consistent 5 written policy for an employee who in the scope of the person’s 6 employment responsibilities examines, attends, counsels, 7 treats, supervises, or has direct contact with a child to 8 report suspected child abuse. The policy shall include 9 an employee’s reporting responsibilities. The reporting 10 responsibilities shall designate the time, circumstances, and 11 method for reporting suspected child abuse to the community 12 college’s administration and reporting to law enforcement. 13 Nothing in the policy shall prohibit an employee from reporting 14 suspected child abuse in good faith to law enforcement. 15 Sec. 4. Section 261.9, subsection 1, unnumbered paragraph 16 1, Code Supplement 2011, is amended to read as follows: 17 “Accredited private institution” means an institution of 18 higher learning located in Iowa which is operated privately 19 and not controlled or administered by any state agency or 20 any subdivision of the state and which meets the criteria in 21 paragraphs “a” and “b” and all of the criteria in paragraphs “d” 22 through “g” “h” , except that institutions defined in paragraph 23 “c” of this subsection are exempt from the requirements of 24 paragraphs “a” and “b” : 25 Sec. 5. Section 261.9, subsection 1, Code Supplement 2011, 26 is amended by adding the following new paragraph: 27 NEW PARAGRAPH . h. Develops and implements a consistent 28 written policy for an employee who in the scope of the person’s 29 employment responsibilities examines, attends, counsels, 30 treats, supervises, or has direct contact with a child to 31 report suspected child abuse. The policy shall include 32 an employee’s reporting responsibilities. The reporting 33 responsibilities shall designate the time, circumstances, and 34 method for reporting suspected child abuse to the accredited 35 -2- LSB 5485XS (3) 84 ad/nh 2/ 5

S.F. 2035 private institution’s administration and reporting to law 1 enforcement. Nothing in the policy shall prohibit an employee 2 from reporting suspected child abuse in good faith to law 3 enforcement. 4 Sec. 6. Section 262.9, Code Supplement 2011, is amended by 5 adding the following new subsection: 6 NEW SUBSECTION . 36. Develop and implement a consistent 7 written policy for an employee who in the scope of the person’s 8 employment responsibilities examines, attends, counsels, 9 treats, supervises, or has direct contact with a child to 10 report suspected child abuse. The policy shall include 11 an employee’s reporting responsibilities. The reporting 12 responsibilities shall designate the time, circumstances, 13 and method for reporting suspected child abuse to the 14 administration of the institution of higher learning and 15 reporting to law enforcement. Nothing in the policy shall 16 prohibit an employee from reporting suspected child abuse in 17 good faith to law enforcement. 18 Sec. 7. REPORT ON MANDATORY REPORTER TRAINING. 19 1. The abuse education review panel as established by 20 the department of public health pursuant to section 135.11, 21 subsection 24, shall develop a plan to provide more frequent, 22 informative, and effective training for mandatory reporters. 23 2. The abuse education review panel shall, by December 24 1, 2012, submit a report of its plan to the governor and the 25 general assembly. 26 Sec. 8. REQUEST FOR PROPOSALS. 27 1. On or before September 30, 2012, the department of 28 human services shall implement a request for proposals process 29 to enter into a contract with a not-for-profit entity for 30 the purpose of providing a single source internet site for 31 providing comprehensive, recent, and relevant information 32 regarding child sexual abuse to all Iowa citizens. 33 2. Prior to awarding a contract, a not-for-profit entity 34 shall demonstrate the following: 35 -3- LSB 5485XS (3) 84 ad/nh 3/ 5

S.F. 2035 a. The ability and resources to establish, design, 1 and maintain an internet site to provide all Iowans with 2 information related to child sexual abuse. 3 b. The ability to collect the relevant information from 4 state agencies and other state and local entities and integrate 5 the information into a single source internet site. 6 3. By March 1, 2013, the department of human services shall 7 award the contract pursuant to this section. 8 EXPLANATION 9 This bill relates to abuse of children by prohibiting 10 retaliation for reporting, providing for implementation of 11 reporting policies at postsecondary institutions, requiring 12 planning for training requirements, and providing for the 13 distribution of information on child sexual abuse. New Code 14 section 232.73A prohibits an employer from taking retaliatory 15 action, as defined in the bill, against an employee as a 16 reprisal for the employee’s participation in good faith in 17 making a child abuse report, photograph, or X ray, or in 18 the performance of a medically relevant test, or aiding and 19 assisting in an assessment of a child abuse report pursuant 20 to Code section 232.71B. The retaliation prohibition does 21 not apply when the disclosure of information is prohibited by 22 statute. The bill provides that the retaliation prohibition 23 may be enforced through civil action. A person who violates 24 the retaliation prohibition is liable to an aggrieved employee 25 and if the person commits, is committing, or proposes to commit 26 a prohibited retaliation, an injunction may be granted. The 27 bill makes conforming amendments. 28 The bill requires the boards of directors for community 29 colleges, accredited private institutions of higher learning, 30 and the board of regents for institutions of higher learning 31 to develop and implement a consistent written policy for 32 an employee who has direct contact with a child to report 33 suspected child abuse. The policy must include an employee’s 34 responsibilities, including the time, circumstances, and method 35 -4- LSB 5485XS (3) 84 ad/nh 4/ 5

S.F. 2035 for reporting suspected child abuse to the postsecondary 1 institution’s administration and law enforcement. The 2 bill states that the policy shall not prohibit an employee 3 from reporting suspected child abuse in good faith to law 4 enforcement. 5 The bill requires the abuse education review panel 6 established pursuant to Code section 135.11 to develop a plan 7 to provide more frequent, informative, and effective training 8 for mandatory reporters. The bill states that the panel shall 9 submit the report to the governor and the general assembly by 10 December 1, 2012. 11 The bill requires the department of human services to 12 implement a request for proposals process to enter into a 13 contract with a not-for-profit entity for the purpose of 14 providing a single source internet site for child sexual 15 abuse information. A not-for-profit entity shall demonstrate 16 the ability and resources to establish, design, and maintain 17 an internet site and the ability to collect the relevant 18 information and integrate that information into a single source 19 internet site. The department must award the contract by March 20 1, 2013. 21 -5- LSB 5485XS (3) 84 ad/nh 5/ 5