House Study Bill 186 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON GOVERNMENT OVERSIGHT BILL BY CHAIRPERSON KAUFMANN) A BILL FOR An Act relating to children’s residential facility 1 certification requirements and care furnished by bona 2 fide religious institutions, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1316YC (6) 87 kh/rj
H.F. _____ Section 1. Section 237C.1, subsection 3, Code 2017, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . j. Care furnished by a bona fide religious 3 institution. 4 Sec. 2. NEW SECTION . 237C.11 Bona fide religious 5 institution —— notification required. 6 If care is furnished by an entity that is a bona fide 7 religious institution exempt from the definition of children’s 8 residential facility under section 237C.1, subsection 3, 9 paragraph “j” , but that would otherwise meet the definition 10 of a children’s residential facility under section 237C.1, 11 subsection 3, the entity shall do all of the following: 12 1. Notify the department of human services in writing of 13 the existence of the entity within thirty days of commencing 14 operation. 15 2. Allow annually one scheduled inspection and one 16 unannounced inspection of the entity by a representative of the 17 department of inspections and appeals. 18 3. Authorize reasonable and timely access to clients and 19 staff of the entity by a representative of the department 20 of human services who is responsible for investigating an 21 allegation of abuse. 22 4. Comply with standards adopted by the state fire marshal 23 under chapter 100. 24 5. Meet the sanitation, water, and waste disposal standards 25 adopted by rule by the department of human services under 26 section 237C.4. 27 6. Prior to employing a person who will have significant 28 contact with children placed in the entity’s facility, the 29 entity shall initiate a state criminal history record check 30 of the person through the division of criminal investigation 31 of the department of public safety, submit the person’s 32 fingerprints to the division for submission to the federal 33 bureau of investigation for a national criminal history record 34 check, and review the sex offender registry information under 35 -1- LSB 1316YC (6) 87 kh/rj 1/ 3
H.F. _____ section 692A.121 available to the general public, the central 1 registry for child abuse information established under section 2 235A.14, and the central registry for dependent adult abuse 3 information established under section 235B.5 for information 4 regarding the person. 5 7. Comply with standards adopted by the department under 6 section 237C.3 relating to the use of seclusion, restraint, or 7 other restrictive interventions. 8 Sec. 3. EXISTING ENTITY OPERATED BY BONA FIDE RELIGIOUS 9 INSTITUTION. An entity in existence on the effective date of 10 this Act, which is exempt from the definition of children’s 11 residential facility under section 237C.1, subsection 12 3, paragraph “j”, but which would otherwise qualify as 13 a children’s residential facility under section 237C.1, 14 subsection 3, shall notify the department of human services in 15 writing of its existence within thirty days of the effective 16 date of this Act. 17 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 18 immediate importance, takes effect upon enactment. 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 adds care furnished by bona fide religious 23 institutions to entities to which the definition of “children’s 24 residential facility” does not apply. 25 Currently, Code section 237C.1 defines “children’s 26 residential facility” to mean a private facility designed to 27 serve children under the age of 18 who have been voluntarily 28 placed for reasons other than an exclusively recreational 29 activity outside of their home by a parent or legal guardian 30 and who are not under the custody or authority of the 31 department of human services, juvenile court, or another 32 governmental agency, and the facility provides 24-hour 33 care, including food, lodging, supervision, education, or 34 other care. Currently excluded from the definition are care 35 -2- LSB 1316YC (6) 87 kh/rj 2/ 3
H.F. _____ furnished by certain individuals, such as personal friends or 1 in circumstances preceding adoption, and care furnished by 2 entities otherwise regulated by a state agency. 3 Under the bill, an entity that furnishes care that would 4 otherwise qualify it as a children’s residential facility, 5 but which is exempt because it is a bona fide religious 6 institution, must notify the department of human services 7 in writing of its existence within 30 days of commencing 8 operation, allow annually one scheduled inspection and one 9 unannounced inspection of the entity by a representative of the 10 department of inspections and appeals, authorize reasonable 11 and timely access to clients and staff of the entity by a 12 representative of the department of human services who is 13 responsible for investigating an allegation of abuse, comply 14 with the state fire marshal’s standards, meet the sanitation, 15 water, and waste disposal standards adopted by the department 16 of human services, conduct a background check on job applicants 17 who will have significant contact with children in the 18 entity’s facility, and comply with the department’s standards 19 regarding the use of seclusion, restraint, or other restrictive 20 interventions. 21 The bill includes session law requiring such an entity in 22 existence on the effective date of the bill to notify the 23 department of human services in writing of its existence within 24 30 days of the effective date of the bill. 25 The bill takes effect upon enactment. 26 -3- LSB 1316YC (6) 87 kh/rj 3/ 3