House File 2444 - Introduced HOUSE FILE 2444 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HSB 630) A BILL FOR An Act relating to child care facilities, including child 1 abuse reporting and the prohibition of certain persons from 2 involvement with child care. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5308HV (3) 87 hb/rh

H.F. 2444 Section 1. Section 232.69, subsection 1, paragraph b, Code 1 2018, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (14) An employee, operator, owner, or 3 other person who performs duties for a children’s residential 4 facility certified under chapter 237C. 5 Sec. 2. Section 237A.5, subsection 2, paragraph d, Code 6 2018, is amended by adding the following new subparagraph: 7 NEW SUBPARAGRAPH . (4) If a person subject to a record 8 check refuses to consent to a record check or if the person 9 makes what the person knows to be a false statement of material 10 fact in connection with a record check, the person shall be 11 prohibited from involvement with child care. 12 Sec. 3. Section 237A.5, subsection 2, paragraph i, Code 13 2018, is amended by striking the paragraph and inserting in 14 lieu thereof the following: 15 i. (1) A person subject to an evaluation shall be 16 prohibited from involvement with child care under any of the 17 following circumstances: 18 (a) The person has a record of founded child abuse or 19 dependent adult abuse that was determined to be sexual abuse. 20 (b) The person is listed or is required to be listed on 21 any state sex offender registry or the national sex offender 22 registry. 23 (c) If the person has committed any of the following 24 felony-level offenses: 25 (i) Child endangerment or neglect or abandonment of a 26 dependent person. 27 (ii) Domestic abuse. 28 (iii) A crime against a child including but not limited to 29 sexual exploitation of a minor. 30 (iv) A forcible felony. 31 (v) Arson. 32 (d) The person has a record of a misdemeanor conviction 33 against a child that constitutes one of the following offenses: 34 (i) Child abuse. 35 -1- LSB 5308HV (3) 87 hb/rh 1/ 3

H.F. 2444 (ii) Child endangerment. 1 (iii) Sexual assault. 2 (iv) Child pornography. 3 (2) If, within five years prior to the date of application 4 for registration or licensure under this chapter, for 5 employment or residence in a child care facility or child care 6 home, or for receipt of public funding for providing child 7 care, a person subject to an evaluation has been convicted 8 of a controlled substance offense or has been found to have 9 committed physical abuse, the person shall be prohibited from 10 involvement with child care for a period of five years from 11 the date of conviction or founded abuse. After the five-year 12 prohibition period, the person may submit an application for 13 registration or licensure under this chapter, or to receive 14 public funding for providing child care or may request an 15 evaluation, and the department shall perform an evaluation 16 and, based upon the criteria in paragraph “h” , shall determine 17 whether prohibition of the person’s involvement with child care 18 continues to be warranted. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to child care facilities, including child 23 abuse reporting and the prohibition of certain persons from 24 involvement with child care. 25 Code section 232.69(1), relating to mandatory reporters 26 of child abuse, is amended to include an employee, operator, 27 owner, or other person who performs duties for a children’s 28 residential facility certified under Code chapter 237C as 29 mandatory reporters of child abuse. Under Iowa law, mandatory 30 reporters of child abuse must comply with certain training and 31 reporting requirements. 32 Under current law in Code section 237A.5 relating to child 33 care personnel, a criminal record check is required for certain 34 persons who provide or are involved with child care. The bill 35 -2- LSB 5308HV (3) 87 hb/rh 2/ 3

H.F. 2444 prohibits a person subject to a record check from involvement 1 with child care if the person refuses to consent to a record 2 check or knowingly makes a false statement of material fact in 3 connection with a record check. 4 Under current law, a person is prohibited from involvement 5 with child care if the person has a record of founded child 6 abuse or dependent adult abuse that was determined to be sexual 7 abuse, the person is listed on the sex offender registry 8 under Code chapter 692A, or the person has committed certain 9 felony-level offenses. The bill expands current law to provide 10 that a person is prohibited from involvement with child care if 11 the person is required to be listed on any state sex offender 12 registry or the national sex offender registry and includes 13 arson on the list of prohibited felony-level offenses. 14 The bill provides that a person is prohibited from 15 involvement with child care if the person has a record of 16 a misdemeanor conviction against a child that constitutes 17 child abuse, child endangerment, sexual assault, or child 18 pornography. 19 Under current law, a person subject to an evaluation who has 20 been convicted of a controlled substance offense under Code 21 chapter 124 is prohibited from involvement with child care 22 for five years from the date of conviction. The bill amends 23 current law to provide a person is prohibited from involvement 24 with child care for any controlled substance conviction. 25 -3- LSB 5308HV (3) 87 hb/rh 3/ 3