S.F. _____ H.F. _____ Section 1. Section 232.79, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 6. When there has been an emergency removal 3 of a child without a court order, the department is authorized 4 to request a name-based national criminal history check of each 5 adult person with whom the child is being placed pursuant to 6 the procedures established in section 232.79B. 7 Sec. 2. Section 232.79A, Code 2018, is amended to read as 8 follows: 9 232.79A Children without adult supervision. 10 1. If a peace officer determines that a child does not 11 have adult supervision because the child’s parent, guardian, 12 or other person responsible for the care of the child has been 13 arrested and detained or has been unexpectedly incapacitated, 14 and that no adult who is legally responsible for the care of 15 the child can be located within a reasonable period of time, 16 the peace officer shall attempt to place the child with an 17 adult relative of the child, an adult person who cares for the 18 child, or another adult person who is known to the child. The 19 person with whom the child is placed is authorized to give 20 consent for emergency medical treatment of the child and shall 21 not be held liable for any action arising from giving the 22 consent. Upon the request of the peace officer, the department 23 shall assist in making the placement. The placement shall not 24 exceed a period of twenty-four hours and shall be terminated 25 when a person who is legally responsible for the care of the 26 child is located and takes custody of the child. If a person 27 who is legally responsible for the care of the child cannot be 28 located within the twenty-four hour period or a placement in 29 accordance with this section is unavailable, the provisions of 30 section 232.79 shall apply. If the person with whom the child 31 is placed charges a fee for the care of the child, the fee 32 shall be paid from funds provided in the appropriation to the 33 department for protective child care. 34 2. When there is a placement of a child pursuant to this 35 -1- LSB 5201XD (4) 87 jm/rh 1/ 4

S.F. _____ H.F. _____ section, the department may request a name-based national 1 criminal history check of each adult person with whom the child 2 is being placed pursuant to section 232.79B. If the placement 3 lasts longer than twenty-four hours, the department shall 4 obtain the fingerprints of each adult person with whom the 5 child is being placed pursuant to section 232.79B. 6 Sec. 3. NEW SECTION . 232.79B Emergency removal —— 7 background check. 8 1. When there has been an emergency removal of a child 9 pursuant to section 232.79A, the department may request a 10 criminal or juvenile justice agency to perform a named-based 11 national criminal history check of each adult person with whom 12 the child is being placed. 13 2. a. A person with whom a child is being placed may be 14 required to submit a full set of the person’s fingerprints to 15 the department of public safety under any of the following 16 circumstances: 17 (1) If the placement lasts longer than a period of 18 twenty-four hours. In such a case, the person shall be 19 required to submit the person’s fingerprints to the department 20 of public safety within seven calendar days from the date the 21 name-based national criminal history check was conducted. 22 (2) If the request for the placement is denied based on 23 the results of the name-based national criminal history check 24 performed pursuant to paragraph “a” , the person may contest the 25 denial by submitting the person’s fingerprints for additional 26 identification purposes. 27 b. Upon the submission of fingerprints pursuant to paragraph 28 “a” , the department of public safety shall either attempt 29 to identify the person by the person’s fingerprints or by 30 forwarding the person’s fingerprints to the federal bureau of 31 investigation within fifteen calendar days from the date the 32 name-based national criminal history check was conducted on the 33 person for such identification. 34 3. If, based on the results of a background investigation 35 -2- LSB 5201XD (4) 87 jm/rh 2/ 4

S.F. _____ H.F. _____ conducted pursuant to this section, the department determines 1 that the placement of a child is not in the best interests of 2 the child, the person fails to provide written permission to 3 perform a named-based national criminal history check, or fails 4 to provide fingerprints, the child shall be immediately removed 5 from the placement home. 6 4. The department of public safety and the federal bureau of 7 investigation may charge a reasonable fee for costs associated 8 with the processing of fingerprints pursuant to this section. 9 The department shall establish the amount of the fee by rule 10 and make all fees available through the department of public 11 safety. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to the temporary emergency removal of a 16 child from the child’s home and background investigations on 17 adult persons with whom a child is placed. 18 When there has been an emergency removal of a child from a 19 home by the department of human services under the bill, the 20 department may request that a criminal or juvenile justice 21 agency perform a name-based national criminal history check of 22 each adult with whom the child is being placed. 23 If the placement lasts longer than 24 hours, the bill 24 requires the department of human services to obtain a complete 25 set of fingerprints from each adult person residing in the home 26 where the child is being placed, and provide such fingerprints 27 to the department of public safety within seven calendar days 28 from the date the named-based national criminal history check 29 was conducted. If the placement of a child in a home is denied 30 based on the results of a named-based national criminal history 31 check performed pursuant to the bill, a person may contest the 32 denial by submitting the person’s fingerprints for further 33 identification purposes. The bill requires the department of 34 public safety to either attempt to identify the person by using 35 -3- LSB 5201XD (4) 87 jm/rh 3/ 4

S.F. _____ H.F. _____ the person’s fingerprints or forward the fingerprints to the 1 federal bureau of investigation within 15 calendar days from 2 the date the name-based national criminal history check was 3 conducted on the person for such identification. 4 If the department of human services determines that the 5 placement of a child is not in the best interests of the 6 child, or an adult residing in the placement home fails to 7 provide written permission to perform a named-based national 8 criminal history check or fails to provide fingerprints, the 9 bill requires that the child be immediately removed from the 10 placement home. 11 The department of public safety and the federal bureau of 12 investigation may each charge a reasonable fee for processing 13 fingerprints pursuant to the bill. The bill specifies 14 that the department of public safety shall determine the 15 department’s fees by rule and make all fees available through 16 the department. 17 -4- LSB 5201XD (4) 87 jm/rh 4/ 4