HSB 547 (LSB 5201XD (4) 87)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL)

A BILL FOR

An Act relating to the temporary emergency removal of a child from the child’s home and background investigations on adult persons with whom a child is placed, and providing fees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.79, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  When there has been an emergency removal of a child without a court order, the department is authorized to request a name-based national criminal history check of each adult person with whom the child is being placed pursuant to the procedures established in section 232.79B.
    Sec. 2.  Section 232.79A, Code 2018, is amended to read as follows:
   232.79A  Children without adult supervision.

   1.  If a peace officer determines that a child does not have adult supervision because the child’s parent, guardian, or other person responsible for the care of the child has been arrested and detained or has been unexpectedly incapacitated, and that no adult who is legally responsible for the care of the child can be located within a reasonable period of time, the peace officer shall attempt to place the child with an adult relative of the child, an adult person who cares for the child, or another adult person who is known to the child. The person with whom the child is placed is authorized to give consent for emergency medical treatment of the child and shall not be held liable for any action arising from giving the consent. Upon the request of the peace officer, the department shall assist in making the placement. The placement shall not exceed a period of twenty-four hours and shall be terminated when a person who is legally responsible for the care of the child is located and takes custody of the child. If a person who is legally responsible for the care of the child cannot be located within the twenty-four hour period or a placement in accordance with this section is unavailable, the provisions of section 232.79 shall apply. If the person with whom the child is placed charges a fee for the care of the child, the fee shall be paid from funds provided in the appropriation to the department for protective child care.
   2.  When there is a placement of a child pursuant to this section, the department may request a name-based national criminal history check of each adult person with whom the child is being placed pursuant to section 232.79B. If the placement lasts longer than twenty-four hours, the department shall obtain the fingerprints of each adult person with whom the child is being placed pursuant to section 232.79B.
    Sec. 3.  NEW SECTION.  232.79B  Emergency removal —— background check.
   1.  When there has been an emergency removal of a child pursuant to section 232.79A, the department may request a criminal or juvenile justice agency to perform a named-based national criminal history check of each adult person with whom the child is being placed.
   2.  a.  A person with whom a child is being placed may be required to submit a full set of the person’s fingerprints to the department of public safety under any of the following circumstances:
   (1)  If the placement lasts longer than a period of twenty-four hours. In such a case, the person shall be required to submit the person’s fingerprints to the department of public safety within seven calendar days from the date the name-based national criminal history check was conducted.
   (2)  If the request for the placement is denied based on the results of the name-based national criminal history check performed pursuant to paragraph “a”, the person may contest the denial by submitting the person’s fingerprints for additional identification purposes.
   b.  Upon the submission of fingerprints pursuant to paragraph “a”, the department of public safety shall either attempt to identify the person by the person’s fingerprints or by forwarding the person’s fingerprints to the federal bureau of investigation within fifteen calendar days from the date the name-based national criminal history check was conducted on the person for such identification.
   3.  If, based on the results of a background investigation conducted pursuant to this section, the department determines that the placement of a child is not in the best interests of the child, the person fails to provide written permission to perform a named-based national criminal history check, or fails to provide fingerprints, the child shall be immediately removed from the placement home.
   4.  The department of public safety and the federal bureau of investigation may charge a reasonable fee for costs associated with the processing of fingerprints pursuant to this section. The department shall establish the amount of the fee by rule and make all fees available through the department of public safety.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the temporary emergency removal of a child from the child’s home and background investigations on adult persons with whom a child is placed.
   When there has been an emergency removal of a child from a home by the department of human services under the bill, the department may request that a criminal or juvenile justice agency perform a name-based national criminal history check of each adult with whom the child is being placed.
   If the placement lasts longer than 24 hours, the bill requires the department of human services to obtain a complete set of fingerprints from each adult person residing in the home where the child is being placed, and provide such fingerprints to the department of public safety within seven calendar days from the date the named-based national criminal history check was conducted. If the placement of a child in a home is denied based on the results of a named-based national criminal history check performed pursuant to the bill, a person may contest the denial by submitting the person’s fingerprints for further identification purposes. The bill requires the department of public safety to either attempt to identify the person by using the person’s fingerprints or forward the fingerprints to the federal bureau of investigation within 15 calendar days from the date the name-based national criminal history check was conducted on the person for such identification.
   If the department of human services determines that the placement of a child is not in the best interests of the child, or an adult residing in the placement home fails to provide written permission to perform a named-based national criminal history check or fails to provide fingerprints, the bill requires that the child be immediately removed from the placement home.
   The department of public safety and the federal bureau of investigation may each charge a reasonable fee for processing fingerprints pursuant to the bill. The bill specifies that the department of public safety shall determine the department’s fees by rule and make all fees available through the department.