SSB 1114 (LSB 1316XC (1) 87)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON SINCLAIR)

A BILL FOR

An Act relating to children’s residential facility certification requirements and care furnished by bona fide religious institutions, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 237C.1, subsection 3, Code 2017, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  j.  Care furnished by a bona fide religious institution.
    Sec. 2.  NEW SECTION.  237C.11  Bona fide religious institution —— notification required. 
   If care is furnished by an entity that is a bona fide religious institution exempt from the definition of children’s residential facility under section 237C.1, subsection 3, paragraph “j”, but that would otherwise meet the definition of a children’s residential facility under section 237C.1, subsection 3, the entity shall do all of the following:
   1.  Notify the department of human services in writing of the existence of the entity within thirty days of commencing operation.
   2.  Allow annually one scheduled inspection and one unannounced inspection of the entity by a representative of the department of inspections and appeals.
   3.  Authorize reasonable and timely access to clients and staff of the entity by a representative of the department of human services who is responsible for investigating an allegation of abuse.
   4.  Comply with standards adopted by the state fire marshal under chapter 100.
   5.  Meet the sanitation, water, and waste disposal standards adopted by rule by the department of human services under section 237C.4.
   6.  Prior to employing a person who will have significant contact with children placed in the entity’s facility, the entity shall initiate a state criminal history record check of the person through the division of criminal investigation of the department of public safety, submit the person’s fingerprints to the division for submission to the federal bureau of investigation for a national criminal history record check, and review the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under section 235A.14, and the central registry for dependent adult abuse information established under section 235B.5 for information regarding the person.
   7.  Comply with standards adopted by the department under section 237C.3 relating to the use of seclusion, restraint, or other restrictive interventions.
    Sec. 3.  EXISTING ENTITY OPERATED BY BONA FIDE RELIGIOUS INSTITUTION.  An entity in existence on the effective date of this Act, which is exempt from the definition of children’s residential facility under section 237C.1, subsection 3, paragraph “j”, but which would otherwise qualify as a children’s residential facility under section 237C.1, subsection 3, shall notify the department of human services in writing of its existence within thirty days of the effective date of this Act.
    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill adds care furnished by bona fide religious institutions to entities to which the definition of “children’s residential facility” does not apply.
   Currently, Code section 237C.1 defines “children’s residential facility” to mean a private facility designed to serve children under the age of 18 who have been voluntarily placed for reasons other than an exclusively recreational activity outside of their home by a parent or legal guardian and who are not under the custody or authority of the department of human services, juvenile court, or another governmental agency, and the facility provides 24-hour care, including food, lodging, supervision, education, or other care. Currently excluded from the definition are care furnished by certain individuals, such as personal friends or in circumstances preceding adoption, and care furnished by entities otherwise regulated by a state agency.
   Under the bill, an entity that furnishes care that would otherwise qualify it as a children’s residential facility, but which is exempt because it is a bona fide religious institution, must notify the department of human services in writing of its existence within 30 days of commencing operation, allow annually one scheduled inspection and one unannounced inspection of the entity by a representative of the department of inspections and appeals, authorize reasonable and timely access to clients and staff of the entity by a representative of the department of human services who is responsible for investigating an allegation of abuse, comply with the state fire marshal’s standards, meet the sanitation, water, and waste disposal standards adopted by the department of human services, conduct a background check on job applicants who will have significant contact with children in the entity’s facility, and comply with the department’s standards regarding the use of seclusion, restraint, or other restrictive interventions.
   The bill includes session law requiring such an entity in existence on the effective date of the bill to notify the department of human services in writing of its existence within 30 days of the effective date of the bill.
   The bill takes effect upon enactment.