House File 2098 - Introduced HOUSE FILE 2098 BY FISHER A BILL FOR An Act requiring a child abuse investigation for newborn 1 children whose biological parent previously had the parent’s 2 parental rights terminated due to child abuse. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5333YH (3) 91 dg/ko

H.F. 2098 Section 1. Section 232.69, subsections 1 and 2, Code 2026, 1 are amended to read as follows: 2 1. The classes of persons enumerated in this subsection 3 shall make a report within twenty-four hours and as provided 4 in section 232.70 , of cases of child abuse. In addition, 5 the classes of persons enumerated in this subsection shall 6 make a report of abuse of a child which would be defined as 7 child abuse under section 232.68, subsection 2 , paragraph 8 “a” , subparagraph (3) or (5), except that the abuse resulted 9 from the acts or omissions of a person other than a person 10 responsible for the care of the child. 11 a. Every For purposes of this section, all of the following 12 classes of persons are mandatory reporters: 13 (1) A health practitioner who in the scope of professional 14 practice, examines, attends, or treats a child and who 15 reasonably believes the child has been abused. Notwithstanding 16 section 139A.30 , this provision applies to a health 17 practitioner who receives information confirming that a child 18 is infected with a sexually transmitted disease . 19 b. Any of the following persons who, in the scope of 20 professional practice or in their employment responsibilities, 21 examines, attends, counsels, or treats a child and reasonably 22 believes a child has suffered abuse: 23 (1) (2) A social worker. 24 (2) (3) An employee or operator of a public or private 25 health care facility as health care facility is defined in 26 section 135C.1 . 27 (3) (4) A certified psychologist. 28 (4) (5) A licensed school employee, certified 29 para-educator, holder of a coaching authorization issued under 30 section 256.165 , school employee who is eighteen years of age 31 or older, or an instructor employed by a community college. 32 (5) (6) An employee or operator of a licensed child 33 care center, registered child development home, head start 34 program, family development and self-sufficiency grant program 35 -1- LSB 5333YH (3) 91 dg/ko 1/ 4

H.F. 2098 under section 216A.107 , or healthy opportunities for parents 1 to experience success – healthy families Iowa program under 2 section 135.106 . 3 (6) (7) An employee or operator of a substance use disorder 4 program or facility licensed under chapter 125 . 5 (7) (8) An employee of a department institution listed in 6 section 218.1 . 7 (8) (9) An employee or operator of a juvenile detention or 8 juvenile shelter care facility approved under section 232.142 . 9 (9) (10) An employee or operator of a child foster care 10 facility under chapter 237 . 11 (10) (11) An employee or operator of a community mental 12 health center as that term is defined in section 225A.1 . 13 (11) (12) A peace officer. 14 (12) (13) A counselor or mental health professional. 15 (13) (14) An employee or operator of a provider of 16 services to children funded under a federally approved medical 17 assistance home and community-based services waiver. 18 (14) (15) An employee, operator, owner, or other person who 19 performs duties for a children’s residential facility certified 20 under chapter 237C . 21 (15) (16) A massage therapist licensed pursuant to chapter 22 152C . 23 b. A mandatory reporter shall make a child abuse report 24 as provided by section 232.70, within twenty-four hours of 25 examining, attending, counseling, or treating a child within 26 the scope of the mandatory reporter’s professional practice 27 or while performing the mandatory reporter’s employment 28 responsibilities, if any of the following are true: 29 (1) The mandatory reporter forms a reasonable belief that a 30 child has suffered child abuse. 31 (2) The mandatory reporter forms a reasonable belief that a 32 child has suffered child abuse as defined under section 232.68, 33 subsection 2, paragraph “a” , subparagraph (3) or (5), except 34 that the abuse resulted from the acts or omissions of a person 35 -2- LSB 5333YH (3) 91 dg/ko 2/ 4

H.F. 2098 other than a person responsible for the care of the child. 1 (3) If the mandatory reporter is a health practitioner, 2 the mandatory reporter received confirmation that a child is 3 infected with a sexually transmitted disease. 4 (4) The mandatory reporter learns that a person who 5 previously had the person’s parental rights to a child 6 terminated due to child abuse is the biological parent of a 7 newborn child. 8 2. Any other person who believes that a child has been 9 abused has knowledge that would require a mandatory reporter to 10 make a report under subsection 1, paragraph “b” , is a permissive 11 reporter, and may make a report as provided in section 232.70 . 12 Sec. 2. Section 232.70, subsection 1, Code 2026, is amended 13 to read as follows: 14 1. Each report made by a mandatory reporter, as defined 15 described in section 232.69, subsection 1 , or a permissive 16 reporter, as defined described in section 232.69, subsection 17 2 , shall be oral. 18 Sec. 3. Section 232.70, subsection 4, paragraph a, Code 19 2026, is amended to read as follows: 20 a. Immediately make a determination as to whether the report 21 constitutes an any of the following: 22 (1) An allegation of child abuse as defined in section 23 232.68 . 24 (2) An allegation of child abuse as defined in section 25 232.68, subsection 2, paragraph “a” , subparagraph (3) or (5), 26 except that the abuse resulted from the acts or omissions of 27 a person other than a person responsible for the care of the 28 child. 29 (3) Confirmation that a child is infected with a sexually 30 transmitted disease. 31 (4) An allegation that a person who previously had the 32 person’s parental rights to a child terminated due to child 33 abuse is the biological parent of a newborn child. 34 Sec. 4. Section 232.71B, subsection 1, paragraph a, 35 -3- LSB 5333YH (3) 91 dg/ko 3/ 4

H.F. 2098 unnumbered paragraph 1, Code 2026, is amended to read as 1 follows: 2 If the department determines a report constitutes a child 3 abuse an allegation or confirmation under section 232.70, 4 subsection 4, paragraph “a” , the department shall promptly 5 commence either a child abuse assessment within twenty-four 6 hours of receiving the report or a family assessment within 7 seventy-two hours of receiving the report. 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 requires a child abuse investigation for newborn 12 children whose biological parent previously had the parent’s 13 parental rights terminated due to child abuse. 14 For purposes of Code chapter 232 (juvenile justice), 15 a mandatory reporter is a person working in an occupation 16 specified in Code section 232.69, who is required to make 17 a child abuse report to the department of health and human 18 services when the person, in the scope of the person’s 19 professional practice or while performing the person’s 20 employment responsibilities, reasonably believes a child 21 has suffered child abuse, sexual abuse, or has engaged in 22 prostitution. A permissive reporter is any other person who 23 believes a child has been abused. A permissive reporter may 24 make a child abuse report. 25 The bill requires a mandatory reporter to make a child 26 abuse report if the mandatory reporter learns that a person 27 who previously had the person’s parental rights to a child 28 terminated due to child abuse is the biological parent of a 29 newborn child. By operation of law, a permissive reporter may 30 make a child abuse report upon learning the same information. 31 The bill makes conforming changes to Code sections 232.70 32 and 232.71B. 33 -4- LSB 5333YH (3) 91 dg/ko 4/ 4