Senate
Study
Bill
1182
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
HUMAN
SERVICES
BILL)
A
BILL
FOR
An
Act
relating
to
requirements
of
the
department
of
human
1
services
involving
individuals
and
families.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
CHILD
CARE
RESOURCE
AND
REFERRAL
AGENCIES
2
Section
1.
Section
237A.26,
Code
2011,
is
amended
to
read
3
as
follows:
4
237A.26
Statewide
resource
and
referral
services
——
grants
.
5
1.
The
department
shall
administer
the
funding
for
a
6
statewide
grant
program
for
child
care
resource
and
referral
7
services.
Grants
shall
only
be
awarded
to
community-based
8
nonprofit
incorporated
agencies
and
public
agencies.
Grants
9
shall
be
awarded
to
facilitate
the
establishment
of
regional
10
resource
and
referral
agencies
throughout
the
state
,
based
upon
11
the
distribution
of
the
child
population
in
the
state
.
12
2.
The
department
shall
provide
oversight
of
and
annually
13
evaluate
an
agency
which
is
awarded
a
grant
to
provide
resource
14
and
referral
services
to
a
region.
For
the
purposes
of
this
15
section,
“agency”
means
an
incorporated
nonprofit
agency,
public
16
agency,
or
private
company.
17
3.
An
agency
which
receives
a
grant
to
provide
resource
18
and
referral
services
shall
perform
both
of
the
following
19
functions:
20
a.
Organize
assistance
to
child
care
homes
and
child
21
development
homes
care
facilities
utilizing
training
levels
22
based
upon
the
homes’
child
care
providers’
degrees
of
23
experience
and
interest.
24
b.
Operate
in
partnership
with
both
public
and
private
25
interests
and
coordinate
resource
and
referral
services
with
26
existing
community
services.
27
4.
An
agency
,
to
be
eligible
to
receive
a
grant
to
provide
28
resource
and
referral
services,
must
may
be
required
by
the
29
department
to
match
the
grant
with
financial
resources
equal
to
30
at
least
twenty-five
percent
of
the
amount
of
the
grant
.
The
31
financial
resources
may
include
a
private
donation,
an
in-kind
32
contribution,
or
a
public
funding
source
other
than
a
separate
33
state
grant
for
child
care
service
improvement.
34
5.
An
agency,
to
be
eligible
to
receive
a
grant
to
provide
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resource
and
referral
services,
must
have
a
board
of
directors
1
if
the
agency
is
an
incorporated
nonprofit
agency
or
must
have
2
an
advisory
board
if
the
agency
is
a
public
agency
or
private
3
company
,
to
oversee
the
provision
of
resource
and
referral
4
services.
The
board
shall
include
providers,
consumers,
and
5
other
persons
interested
in
the
provision
or
delivery
of
child
6
care
services.
7
6.
An
agency
which
receives
a
child
care
resource
and
8
referral
grant
shall
may
be
awarded
funding
to
provide
all
9
various
child
care-related
services,
which
may
include
but
are
10
not
limited
to
any
of
the
following
services:
11
a.
Assist
families
in
selecting
quality
child
care.
The
12
agency
must
provide
referrals
to
registered
and
licensed
child
13
care
facilities,
and
to
persons
providing
care,
supervision,
14
and
guidance
of
a
child
which
is
not
defined
as
child
care
15
under
section
237A.1
and
may
provide
referrals
to
unregistered
16
providers.
17
b.
Assist
child
care
providers
in
adopting
appropriate
18
program
and
business
practices
to
provide
quality
child
care
19
services.
20
c.
Provide
information
to
the
public
regarding
the
21
availability
of
child
care
services
in
the
communities
within
22
the
agency’s
region.
23
d.
Actively
encourage
the
development
of
new
and
expansion
24
of
existing
child
care
facilities
in
response
to
identified
25
community
needs.
26
e.
Provide
specialized
services
to
employers,
including
the
27
provision
of
resource
and
referral
services
to
employee
groups
28
identified
by
the
employer
and
the
provision
of
technical
29
assistance
to
develop
employer-supported
child
care
programs.
30
The
specialized
services
may
include
but
are
not
limited
to
31
working
with
employers
to
identify
networks
of
recommended
32
registered
and
licensed
child
care
providers
for
employee
33
groups
and
to
implement
employer-supported
quality
improvement
34
initiatives
among
the
network
providers.
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f.
Refer
eligible
child
care
facilities
to
the
federal
child
1
care
food
programs.
2
g.
Loan
toys,
other
equipment,
and
resource
materials
to
3
child
care
facilities.
4
h.
Administer
funding
designated
within
the
grant
to
provide
5
a
substitute
caregiver
program
for
registered
child
development
6
homes
to
provide
substitute
child
care
in
a
home
when
the
7
home
provider
is
ill,
on
vacation,
receiving
training,
or
is
8
otherwise
unable
to
provide
the
care.
9
7.
The
department
may
contract
with
an
agency
receiving
10
a
child
care
resource
and
referral
grant
to
perform
any
of
11
the
following
functions
relating
to
publicly
funded
services
12
providing
care,
supervision,
and
guidance
of
a
child:
13
a.
Determine
an
individual’s
eligibility
for
the
services
in
14
accordance
with
income
requirements.
15
b.
Administer
a
voucher,
certificate,
or
other
system
for
16
reimbursing
an
eligible
provider
of
the
services.
17
8.
For
purposes
of
improving
the
quality
and
consistency
18
of
data
collection,
consultation,
and
other
support
to
child
19
care
home
and
child
development
home
providers,
a
resource
and
20
referral
services
agency
grantee
shall
coordinate
and
assist
21
with
publicly
and
privately
funded
efforts
administered
at
22
the
community
level
to
provide
the
support.
The
support
and
23
efforts
addressed
by
a
grantee
may
include
but
are
not
limited
24
to
community-funded
child
care
home
and
child
development
home
25
consultants.
Community
members
involved
with
the
assistance
26
may
include
but
are
not
limited
to
the
efforts
of
an
early
27
childhood
Iowa
area
board
under
chapter
256I
,
and
of
community
28
representatives
of
education,
health,
human
services,
business,
29
faith,
and
public
interests.
30
DIVISION
II
31
GUARDIAN
AND
CONSERVATOR
TRAINING
——
FOSTER
HOME
INSURANCE
FUND
32
Sec.
2.
Section
237.13,
subsection
1,
Code
2011,
is
amended
33
to
read
as
follows:
34
1.
For
the
purposes
of
this
section
,
“foster
home”
means
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either
of
the
following:
1
a.
An
an
individual,
as
defined
in
section
237.1,
subsection
2
7
,
who
is
licensed
to
provide
child
foster
care
and
shall
also
3
be
known
as
a
“licensed
foster
home”
.
4
b.
A
guardian
appointed
on
a
voluntary
petition
pursuant
5
to
section
232.178
,
or
a
voluntary
petition
of
a
ward
pursuant
6
to
section
633.557
,
or
a
conservator
appointed
on
a
voluntary
7
petition
of
a
ward
pursuant
to
section
633.572
,
provided
the
8
ward
has
an
income
that
does
not
exceed
one
hundred
fifty
9
percent
of
the
current
federal
office
of
management
and
budget
10
poverty
guidelines
and
who
does
not
have
resources
in
excess
11
of
the
criteria
for
resources
under
the
federal
supplemental
12
security
income
program.
However,
the
ward’s
ownership
of
13
one
residence
and
one
vehicle
shall
not
be
considered
in
14
determining
resources.
15
Sec.
3.
Section
237.13,
subsection
5,
Code
2011,
is
amended
16
by
striking
the
subsection.
17
Sec.
4.
REPEAL.
Section
217.40,
Code
2011,
is
repealed.
18
DIVISION
III
19
EARNED
INCOME
TAX
CREDIT
INFORMATION
20
Sec.
5.
Section
217.36,
Code
2011,
is
amended
to
read
as
21
follows:
22
217.36
Distribution
Provision
of
earned
income
tax
credit
23
information.
24
1.
The
department
shall
ensure
that
educational
materials
25
relating
to
the
federal
and
state
earned
income
tax
credits
26
are
provided
in
accordance
with
this
section
to
each
household
27
receiving
assistance
or
benefits
under:
28
a.
The
hawk-i
program
under
chapter
514I
.
29
b.
The
family
investment
program
under
chapter
239B
.
30
c.
The
medical
assistance
Act
under
chapter
249A
.
31
d.
The
food
and
food
assistance
programs
defined
in
section
32
234.1
which
are
administered
by
the
department.
33
e.
Any
other
appropriate
programs
administered
by,
or
under
34
the
oversight
of,
the
department
of
human
services.
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2.
The
department
shall,
by
mail
or
through
the
internet,
1
provide
a
household
described
in
subsection
1
with
access
to:
2
a.
Internal
revenue
service
publications
relating
to
the
3
federal
earned
income
tax
credit.
4
b.
Department
of
revenue
publications
relating
to
the
state
5
earned
income
tax
credit.
6
c.
Information
prepared
by
tax
preparers
who
provide
7
volunteer
or
free
federal
or
state
income
tax
preparation
8
services
to
low-income
and
other
eligible
persons
and
who
are
9
located
in
close
geographic
proximity
to
the
person.
10
3.
In
January
of
each
year,
the
department
or
a
11
representative
of
the
department
shall
mail
to
each
household
12
described
in
subsection
1
information
about
the
federal
and
13
state
earned
income
tax
credit
that
provides
the
household
with
14
referrals
to
the
resources
described
in
subsection
2
.
15
4.
The
mailings
required
by
the
department
under
this
16
section
do
not
have
to
be
made
as
a
separate
mailing
but
may
17
be
included
in
existing
mailings
being
made
to
the
appropriate
18
households.
19
DIVISION
IV
20
UNIT
FOR
SEXUALLY
VIOLENT
PREDATORS
——
BARBERING
LICENSE
21
EXEMPTION
22
Sec.
6.
Section
158.2,
Code
2011,
is
amended
by
adding
the
23
following
new
subsection:
24
NEW
SUBSECTION
.
8.
Persons
committed
pursuant
to
chapter
25
229A
to
the
custody
of
the
director
of
the
department
of
human
26
services
in
the
unit
for
sexually
violent
predators
who
cut
the
27
hair
or
trim
or
shave
the
beard
of
any
other
person
within
the
28
unit,
without
receiving
direct
compensation
from
the
person
29
receiving
the
service.
30
DIVISION
V
31
ADOPTION
PLACEMENT
INVESTIGATIONS
AND
REPORTS
32
Sec.
7.
Section
600.8,
subsection
9,
Code
2011,
is
amended
33
to
read
as
follows:
34
9.
The
department
may
investigate,
on
its
own
initiative
or
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on
order
of
the
juvenile
court
or
court
,
any
placement
made
or
1
adoption
petition
filed
under
this
chapter
or
chapter
600A
and
2
may
report
its
resulting
recommendation
to
the
juvenile
court
3
or
court
.
4
DIVISION
VI
5
RETAINING
CHILD
IN
NEED
OF
ASSISTANCE
COMPLAINT
INFORMATION
6
Sec.
8.
Section
232.81,
subsection
4,
Code
2011,
is
amended
7
by
striking
the
subsection.
8
DIVISION
VII
9
REGISTRY
ACCESS
——
CERTIFIED
NURSE
AIDES
AND
JUVENILE
SHELTER
10
AND
DETENTION
FACILITY
VOLUNTEERS
11
Sec.
9.
Section
232.142,
subsection
4,
Code
2011,
is
amended
12
to
read
as
follows:
13
4.
The
director
shall
adopt
minimal
rules
and
standards
for
14
the
establishment,
maintenance,
and
operation
of
such
homes
as
15
shall
be
necessary
to
effect
the
purposes
of
this
chapter
.
The
16
rules
shall
apply
the
requirements
of
section
237.8
,
concerning
17
employment
and
evaluation
of
persons
with
direct
responsibility
18
for
a
child
or
with
access
to
a
child
when
the
child
is
alone
19
and
persons
residing
in
a
child
foster
care
facility,
to
20
persons
employed
by
,
or
residing
in
,
or
volunteering
for
a
21
home
approved
under
this
section
.
The
director
shall,
upon
22
request,
give
guidance
and
consultation
in
the
establishment
23
and
administration
of
the
homes
and
programs
for
the
homes.
24
Sec.
10.
Section
235A.15,
subsection
2,
paragraph
e,
Code
25
2011,
is
amended
by
adding
the
following
new
subparagraphs:
26
NEW
SUBPARAGRAPH
.
(20)
To
the
administrator
of
a
certified
27
nurse
aide
program,
if
the
data
relates
to
a
record
check
of
a
28
student
of
the
program
performed
pursuant
to
section
135C.33.
29
NEW
SUBPARAGRAPH
.
(21)
To
the
administrator
of
a
juvenile
30
detention
or
shelter
care
home,
if
the
data
relates
to
a
record
31
check
of
an
existing
or
prospective
employee,
resident,
or
32
volunteer
for
or
in
the
home.
33
Sec.
11.
Section
235B.6,
subsection
2,
paragraph
e,
Code
34
2011,
is
amended
by
adding
the
following
new
subparagraphs:
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NEW
SUBPARAGRAPH
.
(16)
To
the
administrator
of
a
certified
1
nurse
aide
program,
if
the
data
relates
to
a
record
check
of
a
2
student
of
the
program
performed
pursuant
to
section
135C.33.
3
NEW
SUBPARAGRAPH
.
(17)
To
the
administrator
of
a
juvenile
4
detention
or
shelter
care
home,
if
the
data
relates
to
a
record
5
check
of
an
existing
or
prospective
employee,
resident,
or
6
volunteer
for
or
in
the
home.
7
DIVISION
VIII
8
MEDICAID
FAMILY
PLANNING
SERVICES
9
Sec.
12.
Section
249A.3,
subsection
2,
paragraph
a,
10
subparagraph
(10),
Code
2011,
is
amended
to
read
as
follows:
11
(10)
Women
Individuals
eligible
for
family
planning
12
services
under
a
federally
approved
demonstration
waiver.
13
EXPLANATION
14
This
bill
relates
to
the
department
of
human
services.
It
is
15
organized
into
divisions.
16
CHILD
CARE
RESOURCE
AND
REFERRAL
AGENCIES.
This
division
17
relates
to
the
grants
administered
by
the
department
for
child
18
care
resource
and
referral
agencies
in
Code
section
237A.26.
19
The
department’s
responsibilities
for
the
program
are
revised
20
so
that
the
department
is
responsible
for
the
program
funding
21
rather
than
the
program
itself.
A
requirement
to
facilitate
22
establishment
of
the
regional
agencies
based
on
child
23
population
is
removed.
A
requirement
in
current
law
focusing
24
services
on
child
care
homes
and
registered
child
development
25
homes
is
expanded
to
include
child
care
facilities,
which
26
brings
in
child
care
centers.
A
restriction
that
grantees
must
27
either
be
a
nonprofit
or
public
agency
is
removed.
28
The
bill
makes
the
current
25
percent
matching
funds
29
requirement
for
a
grantee
discretionary,
to
be
determined
by
30
the
department.
The
current
list
of
services
required
to
be
31
provided
by
a
grantee
is
made
selective.
The
requirement
for
a
32
grantee
to
designate
funding
for
a
substitute
caregiver
program
33
for
when
a
provider
is
unable
to
provide
care
is
eliminated.
34
GUARDIAN
AND
CONSERVATOR
TRAINING
——
FOSTER
HOME
INSURANCE
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S.F.
_____
H.F.
_____
FUND.
This
division
amends
Code
section
237.13,
requiring
1
the
department
to
administer
the
foster
home
insurance
fund.
2
The
provisions
in
subsections
1
and
5
providing
eligibility
3
for
coverage
to
voluntary
guardians,
low-income
wards,
or
4
conservators
appointed
under
Code
chapter
633
are
eliminated.
5
Code
section
217.40,
requiring
the
department
to
establish
6
training
programs
to
assist
all
appointed
guardians
and
7
conservators
in
understanding
their
fiduciary
duties
and
8
liabilities,
the
special
needs
of
the
ward,
and
how
to
best
9
serve
the
ward
and
the
ward’s
interests,
is
repealed.
10
EARNED
INCOME
TAX
CREDIT
INFORMATION.
This
division
revises
11
the
department’s
responsibilities
regarding
provision
of
12
information
to
the
departmental
clients
concerning
the
earned
13
income
tax
credit.
A
requirement
for
the
department
to
send
14
an
informational
mailing
regarding
the
credit
and
assistive
15
resources
to
clients
in
January
each
year
is
eliminated
along
16
with
a
proviso
that
the
required
mailing
does
not
have
to
be
a
17
separate
mailing.
18
UNIT
FOR
SEXUALLY
VIOLENT
PREDATORS
——
BARBERING
LICENSE
19
EXEMPTION.
This
division
amends
Code
section
158.2,
relating
20
to
persons
exempted
from
the
barbering
licensing
requirements.
21
The
amendment
adds
to
the
list
of
persons
a
person
committed
to
22
the
custody
of
the
director
of
the
department
of
human
services
23
in
the
unit
for
sexually
violent
predators
who
cuts
the
hair
or
24
trims
or
shaves
the
beard
of
any
other
person
within
the
unit,
25
without
receiving
direct
compensation
from
the
person
receiving
26
the
service.
27
ADOPTION
PLACEMENT
INVESTIGATIONS
AND
REPORTS.
This
28
division
relates
to
adoption
placement
investigations
and
29
reports
performed
by
the
department
under
Code
section
600.8.
30
Current
law
allows
the
department
to
investigate
any
voluntary
31
adoption
placement
made
or
adoption
petition
filed
under
Code
32
chapters
600
and
600A
and
requires
such
investigation
when
33
ordered
by
the
juvenile
court
or
court.
Under
the
bill,
the
34
juvenile
court-ordered
investigation
requirement
is
maintained
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and
the
court-ordered
requirement
is
removed.
1
RETAINING
CHILD
IN
NEED
OF
ASSISTANCE
COMPLAINT
INFORMATION.
2
This
division
amends
Code
section
232.81
to
remove
a
3
restriction
prohibiting
a
person
or
agency
from
maintaining
4
records
of
child
in
need
of
assistance
complaints
that
were
5
dismissed
without
the
filing
of
a
petition.
6
REGISTRY
ACCESS
——
CERTIFIED
NURSE
AIDES
AND
JUVENILE
7
SHELTER
AND
DETENTION
FACILITY
VOLUNTEERS.
This
division
8
amends
Code
section
232.142,
relating
to
juvenile
shelter
and
9
detention
homes,
Code
section
235A.15,
relating
to
access
to
10
child
abuse
registry
information,
and
Code
section
235B.6,
11
relating
to
dependent
adult
abuse
registry
information.
Access
12
is
provided
for
the
administrator
of
a
certified
nurse
aide
13
program,
if
the
data
relates
to
a
record
check
of
a
student
14
of
the
program
performed
pursuant
to
Code
section
135C.33,
15
and
for
the
administrator
of
a
juvenile
detention
or
shelter
16
care
home,
if
the
data
pertains
to
an
existing
or
prospective
17
employee,
resident,
or
volunteer
for
or
in
the
home.
Current
18
law
authorizes
the
checks
for
persons
employed
by
or
residing
19
in
such
homes
but
provides
the
registry
access
through
other
20
Code
provisions.
21
MEDICAID
FAMILY
PLANNING
SERVICES.
This
division
amends
22
Code
section
249A.3,
relating
to
eligibility
for
the
medical
23
assistance
(Medicaid)
program,
by
revising
an
existing
optional
24
category.
The
amendment
removes
a
restriction
limiting
25
eligibility
for
family
planning
services
under
a
federally
26
approved
demonstration
waiver
to
only
women.
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