H.F. 336 Section 1. Section 237A.2, subsection 1, Code 2021, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . d. The applicant has not been previously 3 convicted or received a deferred judgment for any offense under 4 section 237A.19 in the twelve months prior to the application. 5 Sec. 2. NEW SECTION . 237A.9 Licensing and registration 6 violations —— civil penalties. 7 1. The department shall establish by rule, in accordance 8 with chapter 17A, civil penalties, not to exceed one thousand 9 dollars per violation, for the following violations by a child 10 care provider in the licensing application or registration 11 application process: 12 a. Failure to disclose on the application that the applicant 13 has previously operated a child care center or a child care 14 home, whether under a different name, at a different address, 15 or in another state. 16 b. Failure to disclose on the application prior compliance 17 reports indicating noncompliance or complaints filed against 18 the child care provider at any previous child care center or 19 child care home. 20 2. If a child care provider assessed a penalty does not 21 request a formal hearing pursuant to chapter 17A or withdraws 22 its request for a formal hearing within thirty days of the 23 date the penalty was assessed, the penalty shall be reduced 24 by thirty-five percent if the penalty is paid within thirty 25 days of the issuance of a demand letter by the department. The 26 demand letter, which includes the civil penalty, shall include 27 a statement to this effect. 28 Sec. 3. Section 237A.19, subsection 1, Code 2021, is amended 29 to read as follows: 30 1. A person who establishes, conducts, manages, or operates 31 a center without a license commits a serious misdemeanor. Each 32 day of continuing violation after conviction, or notice from 33 the department by certified mail of the violation, shall be 34 considered a separate offense. A person who has previously 35 -1- LSB 2206YH (3) 89 dg/rh 1/ 6

H.F. 336 been convicted of an offense under this subsection commits 1 an aggravated misdemeanor. A person who has previously 2 been convicted three or more times of an offense under this 3 subsection commits a class “D” felony. 4 Sec. 4. Section 237A.19, Code 2021, is amended by adding the 5 following new subsections: 6 NEW SUBSECTION . 4. A person who has been convicted of 7 an offense under this section or who has been granted a 8 deferred judgment under section 907.3 shall be prohibited from 9 establishing, conducting, managing, or operating a licensed 10 child care facility for a period of twelve months from the date 11 of conviction or deferred judgment. 12 NEW SUBSECTION . 5. The department shall report any 13 violation or continuing violations of this section to the local 14 law enforcement department with jurisdiction over the center, 15 child development home, or child care home. Upon completion 16 of an investigation of any offense under this section, the 17 local law enforcement department with jurisdiction over the 18 center, child development home, or child care home shall 19 provide a report to the county attorney with a recommendation 20 for either criminal prosecution under this section, injunctive 21 relief under section 237A.20, or both. A copy of this report 22 and recommendation shall also be provided to the appropriate 23 political subdivision of the state and to the attorney general. 24 Sec. 5. Section 237A.20, Code 2021, is amended to read as 25 follows: 26 237A.20 Injunction. 27 A person who establishes, conducts, manages, or operates a 28 center without a license or a child development home without a 29 certificate of registration, if registration is required under 30 section 237A.3A , may be restrained by temporary or permanent 31 injunction. A person who has been convicted of a crime against 32 a person, a person with a record of founded child abuse, a 33 person who has been previously convicted of an offense under 34 section 237A.19 in the twelve months prior to any current 35 -2- LSB 2206YH (3) 89 dg/rh 2/ 6

H.F. 336 action filed against a center or child development home, 1 or a person who has been prohibited by the department from 2 involvement with child care may be restrained by temporary or 3 permanent injunction from providing unregistered, registered, 4 or licensed child care or from other involvement with 5 child care. The action may be instituted by the state, the 6 county attorney, a political subdivision of the state, or an 7 interested person. 8 Sec. 6. Section 237A.25, subsection 2, Code 2021, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . 0g. Information explaining the availability 11 of child care compliance reports and complaint reports 12 concerning child care providers. 13 Sec. 7. Section 237A.25, subsection 3, Code 2021, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . 0d. Capability for a consumer to access 16 information relating to the filing of child care compliance 17 and complaint reports concerning child care providers. All 18 compliance reports and complaint reports filed shall be 19 published on the department’s internet page or site within 20 thirty days of the filing of a report. 21 Sec. 8. CHILD CARE FACILITIES —— COMPLAINTS. The department 22 of human services shall amend its administrative rules pursuant 23 to chapter 17A to require all compliance reports and complaint 24 reports made against nonregistered child care homes and in-home 25 child care providers be published on the department’s internet 26 page or site within thirty days of the filing of a report. 27 Sec. 9. CHILD CARE FACILITIES —— LICENSING OR REGISTRATION 28 APPLICATIONS. The department of human services shall amend its 29 administrative rules pursuant to chapter 17A to include the 30 following requests for information on licensing or registration 31 applications: 32 1. Have you previously operated a child care center or a 33 child care home, whether under a different name, at a different 34 address or in another state? 35 -3- LSB 2206YH (3) 89 dg/rh 3/ 6

H.F. 336 2. If you have previously operated a child care center or a 1 child care home, provide the name and address of the child care 2 center or the child care home. 3 3. Provide any previous provider identification numbers 4 which were assigned to you when operating a child care center 5 or a child care home. 6 Sec. 10. CHILD CARE FACILITIES —— CHILD CARE PROVIDER 7 IDENTIFICATION NUMBERS. The department of human services 8 shall amend its administrative rules pursuant to chapter 17A 9 to require that all child care provider identification numbers 10 associated with an individual child care provider be merged and 11 be discoverable by a consumer searching on the department’s 12 internet page or site concerning compliance reports and 13 complaint reports filed for a named child care provider. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to child care facilities including 18 licensing and registration and provides penalties. 19 The bill provides that prior to issuing a license for a child 20 care center, the department of human services (department) 21 shall determine that the applicant has not been previously 22 convicted or received a deferred judgment for any offense under 23 Code section 237A.19 (penalties) in the 12 months prior to the 24 filing of the application. 25 The bill establishes civil penalties, not to exceed $1,000 26 per violation, for failure of a child care provider to provide 27 certain requested information in the licensing application or 28 registration application process. If a child care provider 29 assessed a penalty does not request a formal hearing pursuant 30 to Code chapter 17A or withdraws its request for a formal 31 hearing within 30 days of the date the penalty was assessed, 32 the penalty shall be reduced by 35 percent if the penalty is 33 paid within 30 days of the issuance of a demand letter by the 34 department. 35 -4- LSB 2206YH (3) 89 dg/rh 4/ 6

H.F. 336 The bill provides that a person who has previously been 1 convicted of an offense establishing, conducting, managing, 2 or operating a child care center without a license commits 3 an aggravated misdemeanor, and a person who has previously 4 been convicted three or more times of an offense establishing, 5 conducting, managing, or operating a child care center 6 without a license commits a class “D” felony. An aggravated 7 misdemeanor is punishable by confinement for no more than two 8 years and a fine of at least $855 but not more than $8,540. A 9 class “D” felony is punishable by confinement for no more than 10 five years and a fine of at least $1,025 but not more than 11 $10,245. 12 The bill provides that a person who has been convicted of 13 an offense under Code section 237A.19 or who has been granted 14 a deferred judgment shall be prohibited from establishing, 15 conducting, managing, or operating a licensed child care 16 facility for a period of 12 months from the date of conviction 17 or deferred judgment. The department shall report any 18 violation or continuing violations of Code section 237A.19 to 19 the local law enforcement department with jurisdiction over the 20 child care center, child development home, or child care home 21 for investigation. The local law enforcement department shall 22 provide a report to the county attorney with a recommendation 23 for either criminal prosecution, injunctive relief, or both. A 24 copy of the report and recommendation shall also be provided to 25 the appropriate political subdivision of the state and to the 26 attorney general. 27 The bill provides that a person who has been previously 28 convicted of an offense under Code section 237A.19 in the 29 12 months prior to any current action filed against a child 30 care center or child development home may be restrained by 31 temporary or permanent injunction from providing unregistered, 32 registered, or licensed child care or from other involvement 33 with child care. 34 The bill requires that consumer information material 35 -5- LSB 2206YH (3) 89 dg/rh 5/ 6

H.F. 336 developed by the department for parents and other consumers of 1 child care services shall include information explaining the 2 availability of child care compliance reports and complaint 3 reports concerning child care providers. The department shall 4 provide on its internet page or site the capability for a 5 consumer to access information relating to the filing of child 6 care compliance and complaint reports concerning child care 7 providers and such filed reports shall be published on the 8 department’s internet page or site within 30 days of the filing 9 of a report. 10 The bill requires the department to amend its administrative 11 rules pursuant to Code chapter 17A to require all compliance 12 reports and complaint reports made against nonregistered child 13 care homes and in-home child care providers to be published on 14 the department’s internet page or site within 30 days of the 15 filing of a report; to include specific questions and request 16 specific information concerning previously operated child 17 care centers or child care homes on licensing or registration 18 applications; and that all provider identification numbers 19 associated with an individual child care provider be merged and 20 be discoverable by a consumer searching on the department’s 21 internet page or site concerning compliance reports and 22 complaint reports filed for a named child care provider. 23 -6- LSB 2206YH (3) 89 dg/rh 6/ 6