House Study Bill 630 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF HUMAN SERVICES BILL) 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 5308XD (3) 87 hb/rh

S.F. _____ H.F. _____ 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 including but not limited to the following 34 offenses: 35 -1- LSB 5308XD (3) 87 hb/rh 1/ 3

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

S.F. _____ H.F. _____ persons who provide or are involved with child care. The bill 1 prohibits a person subject to a record check from involvement 2 with child care if the person refuses to consent to a record 3 check or knowingly makes a false statement of material fact in 4 connection with a record check. 5 Under current law, a person is prohibited from involvement 6 with child care if the person has a record of founded child 7 abuse or dependent adult abuse that was determined to be sexual 8 abuse, the person is listed on the sex offender registry 9 under Code chapter 692A, or the person has committed certain 10 felony-level offenses. The bill expands current law to provide 11 that a person is prohibited from involvement with child care if 12 the person is required to be listed on any state sex offender 13 registry or the national sex offender registry and includes 14 arson on the list of prohibited felony-level offenses. 15 The bill provides that a person is prohibited from 16 involvement with child care if the person has a record of 17 a misdemeanor conviction against a child including but not 18 limited to child abuse, child endangerment, sexual assault, and 19 child pornography. 20 Under current law, a person subject to an evaluation who has 21 been convicted of a controlled substance offense under Code 22 chapter 124 is prohibited from involvement with child care 23 for five years from the date of conviction. The bill amends 24 current law to provide a person is prohibited from involvement 25 with child care for any controlled substance conviction. 26 -3- LSB 5308XD (3) 87 hb/rh 3/ 3