H.F. _____ Section 1. Section 135.173A, subsection 4, paragraph e, 1 Code 2014, is amended by striking the paragraph. 2 Sec. 2. Section 135.173A, subsection 4, paragraph f, Code 3 2014, is amended to read as follows: 4 f. Three Four child development home providers. 5 Sec. 3. Section 142D.2, subsection 13, Code 2014, is amended 6 to read as follows: 7 13. “Place of employment” means an area under the control of 8 an employer and includes all areas that an employee frequents 9 during the course of employment or volunteering, including but 10 not limited to work areas, private offices, conference and 11 meeting rooms, classrooms, auditoriums, employee lounges and 12 cafeterias, hallways, medical facilities, restrooms, elevators, 13 stairways and stairwells, and vehicles owned, leased, or 14 provided by the employer unless otherwise provided under this 15 chapter . “Place of employment” does not include a private 16 residence, unless the private residence is used as a child 17 care facility , a child care home, or as a health care provider 18 location. 19 Sec. 4. Section 142D.2, subsection 16, paragraphs t and u, 20 Code 2014, are amended to read as follows: 21 t. Private residences only when used as a child care 22 facility , a child care home, or health care provider location. 23 u. Child care facilities and child care homes . 24 Sec. 5. Section 142D.4, subsection 1, Code 2014, is amended 25 to read as follows: 26 1. Private residences, unless used as a child care facility , 27 child care home, or a health care provider location. 28 Sec. 6. Section 237.1, subsection 4, paragraph d, Code 2014, 29 is amended to read as follows: 30 d. Child care furnished by a child care center , or a child 31 development home , or a child care home as defined in section 32 237A.1 . 33 Sec. 7. Section 237A.1, subsection 3, unnumbered paragraph 34 1, Code 2014, is amended to read as follows: 35 -1- LSB 5030YC (4) 85 ad/nh 1/ 8

H.F. _____ “Child care” means the care, supervision, and guidance of 1 a child by a person other than the child’s parent, guardian, 2 grandparent, relative within the fourth degree of consanguinity 3 to the child, or custodian for periods of less than twenty-four 4 hours per day per child on a regular basis, but does not 5 include care, supervision, and guidance of a child by any of 6 the following: 7 Sec. 8. Section 237A.1, subsection 6, Code 2014, is amended 8 by striking the subsection. 9 Sec. 9. Section 237A.1, subsection 7, Code 2014, is amended 10 to read as follows: 11 7. “Child development home” means a person or program 12 registered under section 237A.3A that may provide child care to 13 six one or more children at any one time. 14 Sec. 10. Section 237A.1, subsection 11, Code 2014, is 15 amended to read as follows: 16 11. “Involvement with child care” means licensed or 17 registered under this chapter , employed in a child care 18 facility, residing in a child care facility, receiving public 19 funding for providing child care, or providing child care as a 20 child care home provider, or residing in a child care home with 21 a person receiving public funding for providing child care in 22 the person’s home . 23 Sec. 11. Section 237A.3B, Code 2014, is amended to read as 24 follows: 25 237A.3B Smoking prohibited. 26 Smoking, as defined in section 142D.2 , shall not be 27 permitted in a child care facility or child care home . 28 Sec. 12. Section 237A.5, subsection 2, paragraph a, 29 subparagraph (1), subparagraph division (e), Code 2014, is 30 amended by striking the subparagraph division. 31 Sec. 13. Section 237A.5, subsection 2, paragraph b, Code 32 2014, is amended to read as follows: 33 b. If an individual person subject to a record check is 34 being considered for employment by a child care facility or 35 -2- LSB 5030YC (4) 85 ad/nh 2/ 8

H.F. _____ child care home provider , in lieu of requesting a record 1 check in this state to be conducted by the department under 2 paragraph “c” , the child care facility or child care home may 3 access the single contact repository established pursuant to 4 section 135C.33 as necessary to conduct a criminal and child 5 abuse record check of the individual in this state. A copy of 6 the results of the record check conducted through the single 7 contact repository shall also be provided to the department. 8 If the record check indicates the individual is a person 9 subject to an evaluation, the child care facility or child care 10 home may request that the department perform an evaluation as 11 provided in this subsection . Otherwise, the individual shall 12 not be employed by the child care facility or child care home . 13 Sec. 14. Section 237A.5, subsection 2, paragraph d, 14 subparagraph (2), Code 2014, is amended to read as follows: 15 (2) Except as otherwise provided by law, the cost of a 16 national criminal history check conducted in accordance with 17 subparagraph (1) and the state record checks conducted in 18 accordance with paragraph “c” that are conducted in connection 19 with a person’s involvement with a child care center are not 20 the responsibility of the department. The department is 21 responsible for the cost of such checks conducted in connection 22 with a person’s involvement with a child development home or 23 child care home . 24 Sec. 15. Section 237A.5, subsection 2, paragraph e, 25 subparagraph (2), Code 2014, is amended to read as follows: 26 (2) Prior to performing an evaluation, the department 27 shall notify the affected person, licensee, or registrant , or 28 child care home applying for or receiving public funding for 29 providing child care, that an evaluation will be conducted to 30 determine whether prohibition of the person’s involvement with 31 child care is warranted. 32 Sec. 16. Section 237A.5, subsection 2, paragraph g, 33 unnumbered paragraph 1, Code 2014, is amended to read as 34 follows: 35 -3- LSB 5030YC (4) 85 ad/nh 3/ 8

H.F. _____ A person subject to a record check who is or was employed 1 by a child care facility or child care home provider and 2 is hired by another child care facility or child care home 3 provider shall be subject to a record check in accordance 4 with this subsection . However, if the person was subject 5 to an evaluation because of a transgression in the person’s 6 record and the evaluation determined that the transgression 7 did not warrant prohibition of the person’s involvement 8 with child care and the latest record checks do not indicate 9 there is a transgression that was committed subsequent to 10 that evaluation, the person may commence employment with the 11 other child care facility or provider in accordance with the 12 department’s evaluation and an exemption from any requirements 13 for reevaluation of the latest record checks is authorized. 14 Authorization of an exemption under this paragraph “g” from 15 requirements for reevaluation of the latest record checks by 16 the department is subject to all of the following provisions: 17 Sec. 17. Section 237A.5, subsection 2, paragraph i, 18 subparagraph (2), Code 2014, is amended to read as follows: 19 (2) If, within five years prior to the date of application 20 for registration or licensure under this chapter , for 21 employment or residence in a child care facility or child care 22 home , or for receipt of public funding for providing child 23 care, a person subject to an evaluation has been convicted of 24 a controlled substance offense under chapter 124 or has been 25 found to have committed physical abuse, the person shall be 26 prohibited from involvement with child care for a period of 27 five years from the date of conviction or founded abuse. After 28 the five-year prohibition period, the person may submit an 29 application for registration or licensure under this chapter , 30 or to receive public funding for providing child care or may 31 request an evaluation, and the department shall perform an 32 evaluation and, based upon the criteria in paragraph “h” , shall 33 determine whether prohibition of the person’s involvement with 34 child care continues to be warranted. 35 -4- LSB 5030YC (4) 85 ad/nh 4/ 8

H.F. _____ Sec. 18. Section 237A.5, subsection 2, paragraph k, Code 1 2014, is amended to read as follows: 2 k. If it has been determined that a child receiving child 3 care from a child care facility or a child care home is the 4 victim of founded child abuse committed by an employee, 5 license or registration holder, child care home provider 6 person who receives public funding for providing child care or 7 an individual residing with that person , or resident of the 8 child care facility or child care home for which a report is 9 placed in the central registry pursuant to section 232.71D , 10 the administrator shall provide notification at the time of 11 the determination to the parents, guardians, and custodians of 12 children receiving care from the child care facility or child 13 care home . A notification made under this paragraph shall 14 identify the type of abuse but shall not identify the victim or 15 perpetrator or circumstances of the founded abuse. 16 Sec. 19. Section 237A.12, subsection 1, paragraph c, Code 17 2014, is amended to read as follows: 18 c. The adequacy of activity programs and food services 19 available to the children. The department shall not restrict 20 the use of or apply nutritional standards to a lunch or other 21 meal which is brought to the center , or child development 22 home , or child care home by a school-age child for the child’s 23 consumption. 24 Sec. 20. Section 237A.13, subsection 2, Code 2014, is 25 amended to read as follows: 26 2. Services under the program may be provided in by a 27 licensed child care center, a registered child development 28 home, the home of a relative, the child’s own home, a 29 child care home, or in a facility exempt from licensing or 30 registration. 31 Sec. 21. Section 237A.19, subsections 2 and 3, Code 2014, 32 are amended to read as follows: 33 2. If registration is required under section 237A.3A , a A 34 person who establishes, conducts, manages, or operates a child 35 -5- LSB 5030YC (4) 85 ad/nh 5/ 8

H.F. _____ development home without registering or a person who operates 1 a child development home contrary to section 237A.5 , commits 2 a simple misdemeanor. Each day of continuing violation after 3 conviction, or notice from the department by certified mail of 4 the violation, is a separate offense. A single charge alleging 5 continuing violation may be made in lieu of filing charges for 6 each day of violation. 7 3. A person who establishes, conducts, manages, or operates 8 a child care home in violation of section 237A.3, subsection 9 2 , or a person or program that has been prohibited by the 10 department from involvement with child care but continues 11 that involvement commits a simple misdemeanor. Each day of 12 continuing violation after conviction, or notice from the 13 department by certified mail of the violation, is a separate 14 offense. A single charge alleging continuing violation may be 15 made in lieu of filing charges for each day of violation. 16 Sec. 22. Section 237A.20, Code 2014, is amended to read as 17 follows: 18 237A.20 Injunction. 19 A person who establishes, conducts, manages, or operates a 20 center without a license or a child development home without a 21 certificate of registration , if registration is required under 22 section 237A.3A , may be restrained by temporary or permanent 23 injunction. A person who has been convicted of a crime against 24 a person, a person with a record of founded child abuse, 25 or a person who has been prohibited by the department from 26 involvement with child care may be restrained by temporary or 27 permanent injunction from providing unregistered, registered, 28 or licensed any child care or from other involvement with 29 child care. The action may be instituted by the state, the 30 county attorney, a political subdivision of the state, or an 31 interested person. 32 Sec. 23. Section 237A.26, subsection 3, paragraph a, Code 33 2014, is amended to read as follows: 34 a. Organize assistance to child care homes and child care 35 -6- LSB 5030YC (4) 85 ad/nh 6/ 8

H.F. _____ facilities utilizing training levels based upon the child care 1 providers’ degrees of experience and interest. 2 Sec. 24. Section 237A.26, subsection 8, Code 2014, is 3 amended to read as follows: 4 8. For purposes of improving the quality and consistency 5 of data collection, consultation, and other support to child 6 care home and child development home providers, a resource and 7 referral services agency grantee shall coordinate and assist 8 with publicly and privately funded efforts administered at 9 the community level to provide the support. The support and 10 efforts addressed by a grantee may include but are not limited 11 to community-funded child care home and child development home 12 consultants. Community members involved with the assistance 13 may include but are not limited to the efforts of an early 14 childhood Iowa area board under chapter 256I , and of community 15 representatives of education, health, human services, business, 16 faith, and public interests. 17 Sec. 25. REPEAL. Section 237A.3, Code 2014, is repealed. 18 Sec. 26. EFFECTIVE DATE. This Act takes effect January 1, 19 2015. 20 Sec. 27. IMPLEMENTATION. The department of human services 21 shall adopt rules to facilitate full implementation of this Act 22 by January 1, 2015. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill requires registration of all child care homes. 27 Currently, a child care home can operate with five or fewer 28 children without registering with the department of human 29 services. The bill eliminates references to child care homes, 30 replacing that term with the term “child development home”, as 31 amended by the bill, which means a person or program registered 32 to provide child care for one or more children at any time. 33 The bill does provide an exception from the registration 34 requirement for a person who provides care to one or more 35 -7- LSB 5030YC (4) 85 ad/nh 7/ 8