House Study Bill 625 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF HEALTH AND HUMAN SERVICES BILL) A BILL FOR An Act relating to processes overseen by the department of 1 health and human services, including internal adoption 2 information sharing, dependent adult abuse matters, juvenile 3 justice court filings, and mandatory reporter training. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5403XD (3) 90 dg/ko

S.F. _____ H.F. _____ DIVISION I 1 INTERNAL ADOPTION INFORMATION SHARING 2 Section 1. Section 600.16A, subsection 6, Code 2024, is 3 amended to read as follows: 4 6. Any person, other than the adopting parents or the 5 adopted person, who discloses information in violation 6 of this section , is guilty of a simple misdemeanor. This 7 subsection shall not apply to department personnel who disclose 8 information to personnel within the department for the purposes 9 of ensuring continuity of the department’s services to the 10 child. 11 DIVISION II 12 DEPENDENT ADULT ABUSE 13 Sec. 2. Section 235B.2, subsection 5, paragraph a, 14 subparagraph (1), subparagraph division (c), Code 2024, is 15 amended to read as follows: 16 (c) Exploitation of a dependent adult , which means the 17 act or process of taking unfair advantage of a dependent 18 adult or the adult’s physical or financial resources , without 19 the informed consent of the dependent adult , including . 20 Exploitation of a dependent adult includes but is not limited 21 to theft, by the use of undue influence, harassment, duress, 22 deception, false representation, or false pretenses , or breach 23 of a fiduciary duty owed to the dependent adult . 24 Sec. 3. Section 235B.3, subsection 7, Code 2024, is amended 25 to read as follows: 26 7. Upon a showing of probable cause that a dependent 27 adult has been abused, a court may authorize a person , 28 also authorized recommended by the department, to make an 29 evaluation, to enter the residence of, and to examine the 30 dependent adult. Upon a showing of probable cause that a 31 dependent adult has been financially exploited , including the 32 identification of financial records the department reasonably 33 believes were financially exploited , a court may authorize a 34 person , also authorized recommended by the department, to make 35 -1- LSB 5403XD (3) 90 dg/ko 1/ 6

S.F. _____ H.F. _____ an evaluation , and to gain access to the dependent adult’s 1 financial records of the dependent adult . 2 Sec. 4. Section 235B.6, subsection 2, paragraph d, Code 3 2024, is amended by adding the following new subparagraph: 4 NEW SUBPARAGRAPH . (7) To a tribal court as defined in 5 section 626D.2, a tribal prosecutor, or tribal services 6 provided that the dependent adult is an Indian as defined in 7 section 232B.3. 8 Sec. 5. Section 235B.6, subsection 3, Code 2024, is amended 9 by striking the subsection and inserting in lieu thereof the 10 following: 11 3. Access to unfounded dependent adult abuse information 12 is authorized only to those persons identified in any of the 13 following: 14 a. Subsection 2, paragraph “a” . 15 b. Subsection 2, paragraph “b” , subparagraphs (2), (5), and 16 (6). 17 c. Subsection 2, paragraph “d” , subparagraph (7). 18 d. Subsection 2, paragraph “e” , subparagraphs (2), (5), 19 (10), (20), (21), and (22). 20 DIVISION III 21 ACCESS TO JUVENILE COURT SOCIAL RECORDS 22 Sec. 6. Section 232.147, subsection 1, Code 2024, is amended 23 to read as follows: 24 1. Juvenile court social records shall be confidential. 25 They The juvenile court social records shall not be inspected 26 by, and their contents shall not be disclosed to, any party 27 except the department and as otherwise provided in this section 28 or as authorized by other provisions in this chapter . 29 DIVISION IV 30 MANDATORY REPORTER TRAINING 31 Sec. 7. Section 232.69, subsection 3, paragraphs b and e, 32 Code 2024, are amended to read as follows: 33 b. A person required to make a report under subsection 1 , 34 other than a physician whose professional practice does not 35 -2- LSB 5403XD (3) 90 dg/ko 2/ 6

S.F. _____ H.F. _____ regularly involve providing primary health care to children, 1 shall complete two hours of the core training curriculum 2 relating to the identification and reporting of child abuse 3 within six months of initial employment or self-employment 4 involving the examination, attending, counseling, or treatment 5 of children on a regular basis. Within one month of initial 6 employment or self-employment, the person shall obtain a 7 statement of the abuse reporting requirements from the person’s 8 employer or, if self-employed, from the department. The 9 person shall complete at least two hours of additional the 10 core training curriculum relating to the identification and 11 reporting of child abuse identification and reporting training 12 every three years. If the person completes at least one hour 13 of additional child abuse identification and reporting training 14 prior to the three-year expiration period, the person shall be 15 deemed in compliance with the training requirements of this 16 section for an additional three years. 17 e. A licensing board with authority over the license of 18 a person required to make a report under subsection 1 shall 19 require as a condition of licensure that the person is in 20 compliance with the requirements for abuse the core training 21 curriculum relating to the identification and reporting 22 of child abuse under this subsection . The licensing board 23 shall require the person upon licensure renewal to accurately 24 document for the licensing board the person’s completion of the 25 training requirements. However, the licensing board may adopt 26 rules providing for waiver or suspension of the compliance 27 requirements, if the waiver or suspension is in the public 28 interest, applicable to a person who is engaged in active duty 29 in the military service of this state or of the United States, 30 to a person for whom compliance with the training requirements 31 would impose a significant hardship, or to a person who is 32 practicing a licensed profession outside this state or is 33 otherwise subject to circumstances that would preclude the 34 person from encountering child abuse in this state. 35 -3- LSB 5403XD (3) 90 dg/ko 3/ 6

S.F. _____ H.F. _____ Sec. 8. Section 235B.16, subsection 5, paragraphs b and e, 1 Code 2024, are amended to read as follows: 2 b. A person required to report cases of dependent adult 3 abuse pursuant to sections 235B.3 and 235E.2 , other than a 4 physician whose professional practice does not regularly 5 involve providing primary health care to adults, shall complete 6 two hours of the core training curriculum relating to the 7 identification and reporting of dependent adult abuse within 8 six months of initial employment or self-employment which 9 involves the examination, attending, counseling, or treatment 10 of adults on a regular basis. Within one month of initial 11 employment or self-employment, the person shall obtain a 12 statement of the abuse reporting requirements from the person’s 13 employer or, if self-employed, from the department. The 14 person shall complete at least two hours of additional the 15 core training curriculum relating to the identification and 16 reporting of dependent adult abuse identification and reporting 17 training every three years. If the person completes at least 18 one hour of additional dependent adult abuse identification and 19 reporting training prior to the three-year expiration period, 20 the person shall be deemed in compliance with the training 21 requirements of this section for an additional three years. 22 e. A licensing board with authority over the license of 23 a person required to report cases of dependent adult abuse 24 pursuant to sections 235B.3 and 235E.2 shall require as 25 a condition of licensure that the person is in compliance 26 with the requirements for abuse the core training curriculum 27 relating to the identification and reporting of dependent 28 adult abuse under this subsection . The licensing board 29 shall require the person upon licensure renewal to accurately 30 document for the licensing board the person’s completion of the 31 training requirements. However, the licensing board may adopt 32 rules providing for waiver or suspension of the compliance 33 requirements, if the waiver or suspension is in the public 34 interest, applicable to a person who is engaged in active duty 35 -4- LSB 5403XD (3) 90 dg/ko 4/ 6

S.F. _____ H.F. _____ in the military service of this state or of the United States, 1 to a person for whom compliance with the training requirements 2 would impose a significant hardship, or to a person who is 3 practicing a licensed profession outside this state or is 4 otherwise subject to circumstances that would preclude the 5 person from encountering dependent adult abuse in this state. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to processes overseen by the department of 10 health and human services (HHS), including internal adoption 11 information sharing, dependent adult abuse matters, juvenile 12 justice court filings, and mandatory reporter training. 13 DIVISION I —— INTERNAL ADOPTION INFORMATION SHARING. This 14 division of the bill allows HHS to share information relating 15 to a child’s adoption records within HHS for the purposes of 16 ensuring continuity of services administered by HHS. 17 DIVISION II —— DEPENDENT ADULT ABUSE. This division of the 18 bill relates to dependent adult abuse. 19 The bill includes breach of a fiduciary duty owed to a 20 dependent adult as a form of dependent adult abuse. 21 The bill allows a court, upon HHS showing probable cause that 22 a dependent adult has been financially exploited, including the 23 identification of financial records HHS reasonably believes 24 were financially exploited, to authorize a person recommended 25 by HHS to make an evaluation and to gain access to the 26 dependent adult’s financial records. 27 The bill allows a tribal court, a tribal prosecutor, or 28 tribal services to access founded and unfounded dependent adult 29 abuse information. 30 DIVISION III —— ACCESS TO JUVENILE JUSTICE COURT FILINGS. 31 This division of the bill allows HHS to have access to all 32 juvenile court social records filed in the electronic document 33 management system or in paper format. 34 DIVISION IV —— MANDATORY REPORTER TRAINING. This division 35 -5- LSB 5403XD (3) 90 dg/ko 5/ 6

S.F. _____ H.F. _____ of the bill relates to mandatory reporter training. 1 Certain classes of persons are statutorily required to make 2 reports to HHS regarding cases of child abuse. These persons, 3 other than a physician whose professional practice does not 4 regularly involve providing primary health care to children, 5 are required to receive training related to the identification 6 and reporting of child abuse. The trainings are currently 7 two hours for initial training and one hour recertification 8 trainings which need to be completed once every three years. 9 The bill removes the time requirement for the initial trainings 10 and eliminates the recertification trainings. The bill 11 contains similar language for dependent adult abuse mandatory 12 reporter training. 13 -6- LSB 5403XD (3) 90 dg/ko 6/ 6