Senate File 2355 - Introduced SENATE FILE 2355 BY COMMITTEE ON HEALTH AND HUMAN SERVICES (SUCCESSOR TO SSB 3124) (COMPANION TO HF 2404 BY COMMITTEE ON HEALTH AND HUMAN SERVICES) 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 5403SV (2) 90 dg/ko

S.F. 2355 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, also 28 authorized by the department, to make an evaluation, to enter 29 the residence of, and to examine the dependent adult. Upon 30 a showing of probable cause that a dependent adult has been 31 financially exploited , including the identification of records 32 the department reasonably believes are related to the alleged 33 financial exploitation , a court may authorize a person, also 34 authorized by the department, to make an evaluation , and to 35 -1- LSB 5403SV (2) 90 dg/ko 1/ 6

S.F. 2355 gain access to the financial records of the dependent adult 1 the department reasonably believes are related to the alleged 2 financial exploitation . 3 Sec. 4. Section 235B.6, subsection 2, paragraph d, Code 4 2024, is amended by adding the following new subparagraph: 5 NEW SUBPARAGRAPH . (7) To a tribal court as defined in 6 section 626D.2, a tribal prosecutor, or tribal services 7 provided that the dependent adult is an Indian as defined in 8 section 232B.3. 9 Sec. 5. Section 235B.6, subsection 3, Code 2024, is amended 10 by striking the subsection and inserting in lieu thereof the 11 following: 12 3. Access to unfounded dependent adult abuse information 13 is authorized only to those persons identified in any of the 14 following: 15 a. Subsection 2, paragraph “a” . 16 b. Subsection 2, paragraph “b” , subparagraphs (2), (5), and 17 (6). 18 c. Subsection 2, paragraph “d” , subparagraph (7). 19 d. Subsection 2, paragraph “e” , subparagraphs (2), (5), 20 (10), (20), (21), and (22). 21 DIVISION III 22 ACCESS TO JUVENILE COURT SOCIAL RECORDS 23 Sec. 6. Section 232.147, Code 2024, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 20. Notwithstanding any other provision of 26 law to the contrary, the department may inspect, and the court 27 shall disclose to the department upon the department’s request, 28 records that are confidential under this section if the records 29 were filed in a proceeding under subchapter III, IV, or V of 30 this chapter to which the department is a participant. 31 DIVISION IV 32 MANDATORY REPORTER TRAINING 33 Sec. 7. Section 232.69, subsection 3, paragraphs b and e, 34 Code 2024, are amended to read as follows: 35 -2- LSB 5403SV (2) 90 dg/ko 2/ 6

S.F. 2355 b. A person required to make a report under subsection 1 , 1 other than a physician whose professional practice does not 2 regularly involve providing primary health care to children, 3 shall complete two hours of the core training curriculum 4 relating to the identification and reporting of child abuse 5 within six months of initial employment or self-employment 6 involving the examination, attending, counseling, or treatment 7 of children on a regular basis. Within one month of initial 8 employment or self-employment, the person shall obtain a 9 statement of the abuse reporting requirements from the person’s 10 employer or, if self-employed, from the department. The 11 person shall complete at least two hours of additional the 12 core training curriculum relating to the identification and 13 reporting of child abuse identification and reporting training 14 every three years. If the person completes at least one hour 15 of additional child abuse identification and reporting training 16 prior to the three-year expiration period, the person shall be 17 deemed in compliance with the training requirements of this 18 section for an additional three years. 19 e. A licensing board with authority over the license of 20 a person required to make a report under subsection 1 shall 21 require as a condition of licensure that the person is in 22 compliance with the requirements for abuse the core training 23 curriculum relating to the identification and reporting 24 of child abuse under this subsection . The licensing board 25 shall require the person upon licensure renewal to accurately 26 document for the licensing board the person’s completion of the 27 training requirements. However, the licensing board may adopt 28 rules providing for waiver or suspension of the compliance 29 requirements, if the waiver or suspension is in the public 30 interest, applicable to a person who is engaged in active duty 31 in the military service of this state or of the United States, 32 to a person for whom compliance with the training requirements 33 would impose a significant hardship, or to a person who is 34 practicing a licensed profession outside this state or is 35 -3- LSB 5403SV (2) 90 dg/ko 3/ 6

S.F. 2355 otherwise subject to circumstances that would preclude the 1 person from encountering child abuse in this state. 2 Sec. 8. Section 235B.16, subsection 5, paragraphs b and e, 3 Code 2024, are amended to read as follows: 4 b. A person required to report cases of dependent adult 5 abuse pursuant to sections 235B.3 and 235E.2 , other than a 6 physician whose professional practice does not regularly 7 involve providing primary health care to adults, shall complete 8 two hours of the core training curriculum relating to the 9 identification and reporting of dependent adult abuse within 10 six months of initial employment or self-employment which 11 involves the examination, attending, counseling, or treatment 12 of adults on a regular basis. Within one month of initial 13 employment or self-employment, the person shall obtain a 14 statement of the abuse reporting requirements from the person’s 15 employer or, if self-employed, from the department. The 16 person shall complete at least two hours of additional the 17 core training curriculum relating to the identification and 18 reporting of dependent adult abuse identification and reporting 19 training every three years. If the person completes at least 20 one hour of additional dependent adult abuse identification and 21 reporting training prior to the three-year expiration period, 22 the person shall be deemed in compliance with the training 23 requirements of this section for an additional three years. 24 e. A licensing board with authority over the license of 25 a person required to report cases of dependent adult abuse 26 pursuant to sections 235B.3 and 235E.2 shall require as 27 a condition of licensure that the person is in compliance 28 with the requirements for abuse the core training curriculum 29 relating to the identification and reporting of dependent 30 adult abuse under this subsection . The licensing board 31 shall require the person upon licensure renewal to accurately 32 document for the licensing board the person’s completion of the 33 training requirements. However, the licensing board may adopt 34 rules providing for waiver or suspension of the compliance 35 -4- LSB 5403SV (2) 90 dg/ko 4/ 6

S.F. 2355 requirements, if the waiver or suspension is in the public 1 interest, applicable to a person who is engaged in active duty 2 in the military service of this state or of the United States, 3 to a person for whom compliance with the training requirements 4 would impose a significant hardship, or to a person who is 5 practicing a licensed profession outside this state or is 6 otherwise subject to circumstances that would preclude the 7 person from encountering dependent adult abuse in this state. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to processes overseen by the department of 12 health and human services (HHS), including internal adoption 13 information sharing, dependent adult abuse matters, juvenile 14 justice court filings, and mandatory reporter training. 15 DIVISION I —— INTERNAL ADOPTION INFORMATION SHARING. This 16 division of the bill allows HHS to share information relating 17 to a child’s adoption records within HHS for the purposes of 18 ensuring continuity of services administered by HHS. 19 DIVISION II —— DEPENDENT ADULT ABUSE. This division of the 20 bill relates to dependent adult abuse. 21 The bill includes breach of a fiduciary duty owed to a 22 dependent adult as a form of dependent adult abuse. 23 The bill allows a court, upon HHS showing probable cause that 24 a dependent adult has been financially exploited, including the 25 identification of records HHS reasonably believes are related 26 to the alleged financial exploitation, to authorize a person, 27 also authorized by HHS, to make an evaluation and to gain 28 access to the records HHS reasonably believes are related to 29 the alleged financial exploitation. 30 The bill allows a tribal court, a tribal prosecutor, or 31 tribal services to access founded and unfounded dependent adult 32 abuse information. 33 DIVISION III —— ACCESS TO JUVENILE JUSTICE COURT FILINGS. 34 This division of the bill allows HHS to inspect, and requires a 35 -5- LSB 5403SV (2) 90 dg/ko 5/ 6

S.F. 2355 court to disclose to HHS upon HHS’s request, records that are 1 confidential under Code section 232.147 (confidentiality of 2 juvenile court records) if the records were filed in a child in 3 need of assistance proceeding, a termination of parent-child 4 relationship proceeding, or a family in need of assistance 5 proceeding to which HHS is a participant. 6 DIVISION IV —— MANDATORY REPORTER TRAINING. This division 7 of the bill relates to mandatory reporter training. 8 Certain classes of persons are statutorily required to make 9 reports to HHS regarding cases of child abuse. These persons, 10 other than a physician whose professional practice does not 11 regularly involve providing primary health care to children, 12 are required to receive training related to the identification 13 and reporting of child abuse. The trainings are currently 14 two hours for initial training and one hour recertification 15 trainings which need to be completed once every three years. 16 The bill removes the time requirement for the initial trainings 17 and eliminates the recertification trainings. The bill 18 contains similar language for dependent adult abuse mandatory 19 reporter training. 20 -6- LSB 5403SV (2) 90 dg/ko 6/ 6