HF 2098 (LSB 5333YH (3) 91)

HOUSE FILE 2098

BY  FISHER

A BILL FOR

An Act requiring a child abuse investigation for newborn children whose biological parent previously had the parent’s parental rights terminated due to child abuse.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.69, subsections 1 and 2, Code 2026, are amended to read as follows:
   1.  The classes of persons enumerated in this subsection shall make a report within twenty-four hours and as provided in section 232.70, of cases of child abuse. In addition, the classes of persons enumerated in this subsection shall make a report of abuse of a child which would be defined as child abuse under section 232.68, subsection 2, paragraph “a”, subparagraph (3) or (5), except that the abuse resulted from the acts or omissions of a person other than a person responsible for the care of the child.
   a.  Every For purposes of this section, all of the following classes of persons are mandatory reporters:
   (1)  A health practitioner who in the scope of professional practice, examines, attends, or treats a child and who reasonably believes the child has been abused. Notwithstanding section 139A.30, this provision applies to a health practitioner who receives information confirming that a child is infected with a sexually transmitted disease.
   b.  Any of the following persons who, in the scope of professional practice or in their employment responsibilities, examines, attends, counsels, or treats a child and reasonably believes a child has suffered abuse:
   (1)  (2)  A social worker.
   (2)  (3)  An employee or operator of a public or private health care facility as health care facility is defined in section 135C.1.
   (3)  (4)  A certified psychologist.
   (4)  (5)  A licensed school employee, certified para-educator, holder of a coaching authorization issued under section 256.165, school employee who is eighteen years of age or older, or an instructor employed by a community college.
   (5)  (6)  An employee or operator of a licensed child care center, registered child development home, head start program, family development and self-sufficiency grant program under section 216A.107, or healthy opportunities for parents to experience success – healthy families Iowa program under section 135.106.
   (6)  (7)  An employee or operator of a substance use disorder program or facility licensed under chapter 125.
   (7)  (8)  An employee of a department institution listed in section 218.1.
   (8)  (9)  An employee or operator of a juvenile detention or juvenile shelter care facility approved under section 232.142.
   (9)  (10)  An employee or operator of a child foster care facility under chapter 237.
   (10)  (11)  An employee or operator of a community mental health center as that term is defined in section 225A.1.
   (11)  (12)  A peace officer.
   (12)  (13)  A counselor or mental health professional.
   (13)  (14)  An employee or operator of a provider of services to children funded under a federally approved medical assistance home and community-based services waiver.
   (14)  (15)  An employee, operator, owner, or other person who performs duties for a children’s residential facility certified under chapter 237C.
   (15)  (16)  A massage therapist licensed pursuant to chapter 152C.
   b.  A mandatory reporter shall make a child abuse report as provided by section 232.70, within twenty-four hours of examining, attending, counseling, or treating a child within the scope of the mandatory reporter’s professional practice or while performing the mandatory reporter’s employment responsibilities, if any of the following are true:
   (1)  The mandatory reporter forms a reasonable belief that a child has suffered child abuse.
   (2)  The mandatory reporter forms a reasonable belief that a child has suffered child abuse as defined under section 232.68, subsection 2, paragraph “a”, subparagraph (3) or (5), except that the abuse resulted from the acts or omissions of a person other than a person responsible for the care of the child.
   (3)  If the mandatory reporter is a health practitioner, the mandatory reporter received confirmation that a child is infected with a sexually transmitted disease.
   (4)  The mandatory reporter learns that a person who previously had the person’s parental rights to a child terminated due to child abuse is the biological parent of a newborn child.
   2.  Any other person who believes that a child has been abused has knowledge that would require a mandatory reporter to make a report under subsection 1, paragraph “b”, is a permissive reporter, and may make a report as provided in section 232.70.
    Sec. 2.  Section 232.70, subsection 1, Code 2026, is amended to read as follows:
   1.  Each report made by a mandatory reporter, as defined described in section 232.69, subsection 1, or a permissive reporter, as defined described in section 232.69, subsection 2, shall be oral.
    Sec. 3.  Section 232.70, subsection 4, paragraph a, Code 2026, is amended to read as follows:
   a.  Immediately make a determination as to whether the report constitutes an any of the following:
   (1)  An allegation of child abuse as defined in section 232.68.
   (2)  An allegation of child abuse as defined in section 232.68, subsection 2, paragraph “a”, subparagraph (3) or (5), except that the abuse resulted from the acts or omissions of a person other than a person responsible for the care of the child.
   (3)  Confirmation that a child is infected with a sexually transmitted disease.
   (4)  An allegation that a person who previously had the person’s parental rights to a child terminated due to child abuse is the biological parent of a newborn child.
    Sec. 4.  Section 232.71B, subsection 1, paragraph a, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   If the department determines a report constitutes a child abuse an allegation or confirmation under section 232.70, subsection 4, paragraph “a”, the department shall promptly commence either a child abuse assessment within twenty-four hours of receiving the report or a family assessment within seventy-two hours of receiving the report.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires a child abuse investigation for newborn children whose biological parent previously had the parent’s parental rights terminated due to child abuse.
   For purposes of Code chapter 232 (juvenile justice), a mandatory reporter is a person working in an occupation specified in Code section 232.69, who is required to make a child abuse report to the department of health and human services when the person, in the scope of the person’s professional practice or while performing the person’s employment responsibilities, reasonably believes a child has suffered child abuse, sexual abuse, or has engaged in prostitution. A permissive reporter is any other person who believes a child has been abused. A permissive reporter may make a child abuse report.
   The bill requires a mandatory reporter to make a child abuse report if the mandatory reporter learns that a person who previously had the person’s parental rights to a child terminated due to child abuse is the biological parent of a newborn child. By operation of law, a permissive reporter may make a child abuse report upon learning the same information.
   The bill makes conforming changes to Code sections 232.70 and 232.71B.