Senate
Study
Bill
3124
-
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:
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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
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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
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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.
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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
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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
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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.
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