S.F. _____ H.F. _____ Section 1. Section 232.68, subsection 2, paragraph d, Code 1 2011, is amended to read as follows: 2 d. The failure on the part of a person responsible for the 3 care of a child to provide for the adequate food, shelter, 4 clothing , supervision, or other care necessary for the child’s 5 health and welfare when financially able to do so or when 6 offered financial or other reasonable means to do so. A parent 7 or guardian legitimately practicing religious beliefs who does 8 not provide specified medical treatment for a child for that 9 reason alone shall not be considered abusing the child, however 10 this provision shall not preclude a court from ordering that 11 medical service be provided to the child where the child’s 12 health requires it. 13 Sec. 2. Section 232.71D, subsections 2 and 3, Code 2011, are 14 amended to read as follows: 15 2. If Except as otherwise provided in subsections 3 and 3A, 16 if the alleged child abuse meets the definition of child abuse 17 under section 232.68, subsection 2 , paragraph “a” or “d” , and 18 the department determines the injury or risk of harm to the 19 child was minor and isolated and is unlikely to reoccur, the 20 names of the child and the alleged perpetrator of the alleged 21 child abuse and any other child abuse information shall not 22 be placed in the central registry as a case of founded child 23 abuse. 24 3. a. Unless any of the circumstances listed in paragraph 25 “b” are applicable, cases to which any of the following 26 circumstances apply shall not be placed on the central 27 registry: 28 (1) A finding of physical abuse in which the department 29 has determined the injury resulting from the abuse was minor, 30 isolated, and unlikely to reoccur. 31 (2) A finding of abuse by failure to provide proper 32 supervision or by failure to provide adequate clothing, in 33 which the department has determined the risk from the abuse 34 to the child’s health and welfare was minor, isolated, and 35 -1- LSB 1221DP (9) 84 jp/nh 1/ 6

S.F. _____ H.F. _____ unlikely to reoccur. 1 b. Except as otherwise provided in section 232.68, 2 subsection 2 , paragraph “d” , regarding parents legitimately 3 practicing religious beliefs, If any of the following 4 circumstances apply in addition to those listed in paragraph 5 “a” , the names of the child and the alleged perpetrator of 6 the alleged child abuse and the report data and disposition 7 data any other child abuse information shall be placed in the 8 central registry as a case of founded child abuse under any of 9 the following circumstances : 10 a. (1) The case was referred for juvenile or criminal 11 court action as a result of the acts or omissions of the 12 alleged perpetrator or a criminal or juvenile court action 13 was initiated by the county attorney or juvenile court within 14 twelve months of the date of the department’s report concerning 15 the case, in which the alleged perpetrator was convicted of a 16 crime involving the child or there was a delinquency or child 17 in need of assistance adjudication. 18 b. The department determines the acts or omissions of 19 the alleged perpetrator meet the definition of child abuse 20 under section 232.68, subsection 2 , paragraph “a” , involving 21 nonaccidental physical injury suffered by the child and the 22 injury was not minor or was not isolated or is likely to 23 reoccur. 24 c. (2) The department determines the acts or omissions 25 of the alleged perpetrator meet the definition of child 26 abuse and the department has previously determined within 27 the eighteen-month period preceding the issuance of the 28 department’s report that the acts or omissions of the alleged 29 perpetrator in a prior case met the definition of child abuse. 30 d. The department determines the acts or omissions of the 31 alleged perpetrator meet the definition of child abuse under 32 section 232.68, subsection 2 , paragraph “b” , involving mental 33 injury. 34 e. The department determines the acts or omissions meet 35 -2- LSB 1221DP (9) 84 jp/nh 2/ 6

S.F. _____ H.F. _____ the definition of child abuse under section 232.68, subsection 1 2 , paragraph “c” , and the alleged perpetrator of the acts or 2 omissions is age fourteen or older. However, the juvenile 3 court may order the removal from the central registry of the 4 name of an alleged perpetrator placed in the registry pursuant 5 to this paragraph who is age fourteen through seventeen upon a 6 finding of good cause. The name of an alleged perpetrator who 7 is less than age fourteen shall not be placed in the central 8 registry pursuant to this paragraph. 9 f. The department determines the acts or omissions of the 10 alleged perpetrator meet the definition of child abuse under 11 section 232.68, subsection 2 , paragraph “d” , involving failure 12 to provide care necessary for the child’s health and welfare, 13 and any injury to the child or risk to the child’s health and 14 welfare was not minor or was not isolated or is likely to 15 reoccur, in any of the following ways: 16 (1) Failure to provide adequate food and nutrition. 17 (2) Failure to provide adequate shelter. 18 (3) Failure to provide adequate health care. 19 (4) Failure to provide adequate mental health care. 20 (5) Gross failure to meet emotional needs. 21 (6) Failure to respond to an infant’s life-threatening 22 condition. 23 g. The department determines the acts or omissions of 24 the alleged perpetrator meet the definition of child abuse 25 under section 232.68, subsection 2 , paragraph “e” , involving 26 prostitution. 27 h. The department determines the acts or omissions of the 28 alleged perpetrator meet the definition of child abuse under 29 section 232.68, subsection 2 , paragraph “f” , involving the 30 presence of an illegal drug. 31 i. (3) The department determines the alleged perpetrator of 32 the child abuse will continue to pose a danger to the child who 33 is the subject of the report of child abuse or to another child 34 with whom the alleged perpetrator may come into contact. 35 -3- LSB 1221DP (9) 84 jp/nh 3/ 6

S.F. _____ H.F. _____ Sec. 3. Section 232.71D, Code 2011, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 3A. Cases of alleged child abuse to which 3 any of the following circumstances apply shall be placed in the 4 central registry as follows: 5 a. A finding of sexual abuse in which the alleged 6 perpetrator of the abuse is age thirteen or younger. However, 7 the name of the alleged perpetrator shall be withheld from the 8 registry. 9 b. A finding of sexual abuse in which the alleged 10 perpetrator of the abuse is age fourteen through seventeen and 11 the court has found there is good cause for the name of the 12 alleged perpetrator to be removed from the central registry. 13 Only the name of the alleged perpetrator shall be removed from 14 the registry. 15 Sec. 4. Section 235A.18, subsection 3, Code 2011, is amended 16 by striking the subsection. 17 EXPLANATION 18 This bill relates to the child abuse registry administered 19 by the department of human services and addresses when founded 20 child abuse information is placed in the child abuse registry. 21 Code section 232.68, providing definitions of child abuse 22 and related terms, is amended. The amendment adds to the 23 definition of child abuse by a person responsible for the 24 care of a child, the person’s failure to provide adequate 25 supervision of the child. The definition provision addressed 26 by the amendment is commonly referred to as “denial of critical 27 care”. 28 Under current law, denial of critical care is limited to 29 failure to provide for the adequate food, shelter, clothing, or 30 other care necessary for the child’s health and welfare when 31 financially able to do so or when offered financial or other 32 reasonable means to do so. A parent or guardian legitimately 33 practicing religious beliefs who does not provide specified 34 medical treatment for a child for that reason alone is not 35 -4- LSB 1221DP (9) 84 jp/nh 4/ 6

S.F. _____ H.F. _____ considered abusing the child, however, this exemption does not 1 preclude a court from ordering that medical service be provided 2 to the child where the child’s health requires it. Although 3 the religious belief exemption is not affected by the bill, an 4 internal reference to it in Code section 232.71D is deleted. 5 Code section 232.71D, providing criteria for whether or not 6 founded child abuse information is placed on the central child 7 abuse registry, is amended. Current law provides a specific 8 list of abuses for which there is no discretion and must be 9 placed on the registry and describes two types of abuse that 10 are not placed on the registry if certain determinations are 11 made: nonacccidental physical injury or injury at variance 12 with the history of it and the denial of critical care. For 13 those two types of abuse, in order not to be placed on the 14 registry, the department must determine that the injury or risk 15 of harm was minor, isolated, and is unlikely to reoccur. 16 The bill removes from Code section 232.71D most of the 17 specific provisions requiring registry placement and instead 18 provides a specific list of four exemptions that if any of 19 the circumstances described in the exemptions are applicable, 20 the case of founded child abuse is not placed on the central 21 registry. The first exemption listed is similar to the 22 exemption in current law: a finding of physical abuse in which 23 the department has determined the injury was minor, isolated, 24 and unlikely to reoccur. The second exemption narrows the 25 denial of critical care exemption in current law to now only 26 apply to failure to provide adequate supervision or failure to 27 provide adequate clothing, and the department must determine 28 that the risk to the child’s health and welfare was minor, 29 isolated, and unlikely to reoccur. Under the bill, abuse 30 resulting from other forms of denial of critical care would 31 no longer be exempted from placement on the registry. These 32 two exception clauses do not apply if one of the following 33 circumstances is also applicable: referral of the case for 34 criminal or juvenile court action, the same perpetrator was 35 -5- LSB 1221DP (9) 84 jp/nh 5/ 6

S.F. _____ H.F. _____ previously determined to have committed child abuse in a prior 1 case that occurred within the preceding 18-month period, or the 2 department determines the alleged perpetrator will continue 3 to pose a danger to the child involved with this case or to 4 another child. 5 The third exemption is sexual abuse when the alleged 6 perpetrator of the abuse is age 13 or younger. The fourth 7 exemption is sexual abuse when the alleged perpetrator is 8 age 14 through 17 and the court has determined there is good 9 cause for removing the name of the alleged perpetrator from 10 the registry. In such cases only the name of the alleged 11 perpetrator will be withheld or removed from the registry. 12 Subsection 3 of Code section 235A.18, relating to sealing 13 and expungement of founded child abuse information from the 14 registry, is stricken. The subsection requires the department 15 to review cases of child abuse placed in the registry before 16 the original effective date of Code section 232.71D of July 17 1, 1997. The review is required when the department is 18 considering the information while performing a record check 19 evaluation under law or administrative rule and when a review 20 is indicated under a procedure for performing reviews adopted 21 by the department. 22 -6- LSB 1221DP (9) 84 jp/nh 6/ 6