House File 206
HOUSE FILE
BY COMMITTEE ON HUMAN RESOURCES
(SUCCESSOR TO HF 133)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act increasing the child age applicable to mandatory reporting
2 of suspected child sexual abuse perpetrated by a person other
3 than the person responsible for the care of the child.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1971HV 80
6 jp/cf/24
PAG LIN
1 1 Section 1. Section 232.69, subsection 1, unnumbered
1 2 paragraph 1, Code 2003, is amended to read as follows:
1 3 The classes of persons enumerated in this subsection shall
1 4 make a report within twenty=four hours and as provided in
1 5 section 232.70, of cases of child abuse. In addition, the
1 6 classes of persons enumerated in this subsection shall make a
1 7 report of abuse of a child who is under twelve sixteen years
1 8 of age and may make a report of abuse of a child who is twelve
1 9 sixteen years of age or older, which would be defined as child
1 10 abuse under section 232.68, subsection 2, paragraph "c" or
1 11 "e", except that the abuse resulted from the acts or omissions
1 12 of a person other than a person responsible for the care of
1 13 the child.
1 14 Sec. 2. Section 232.69, subsection 1, paragraph b, Code
1 15 2003, is amended by adding the following new subparagraph:
1 16 NEW SUBPARAGRAPH. (13) A member of the clergy. However,
1 17 if the belief that a child has suffered abuse arises from
1 18 information obtained only during a penitential communication,
1 19 the clergy member is not subject to the requirement to make
1 20 the report. This subparagraph shall not be construed to
1 21 modify or limit a clergy member's duty to report the belief
1 22 that a child has been abused when the clergy member is acting
1 23 in some other capacity that would otherwise make the clergy
1 24 member a mandatory reporter of abuse. For the purposes of
1 25 this subparagraph, unless the context otherwise requires:
1 26 (a) "Clergy member" or "member of the clergy" means an
1 27 individual who is designated as clergy by ordination,
1 28 licensing, or other form of entitlement by the religious group
1 29 or sect with whom the individual is affiliated.
1 30 (b) "Penitential communication" means a communication
1 31 intended to be in confidence, including but not limited to a
1 32 sacramental confession made to a clergy member who, in the
1 33 course of the discipline or practice of the clergy member's
1 34 religious group or sect, is authorized to hear those
1 35 communications, and under the discipline, practice, tenets, or
2 1 customs of the religious group or sect, the clergy member has
2 2 the duty to keep the communication secret.
2 3 Sec. 3. Section 232.69, subsection 3, paragraph b, Code
2 4 2003, is amended to read as follows:
2 5 b. A person required to make a report under subsection 1,
2 6 other than a physician whose professional practice does not
2 7 regularly involve providing primary health care to children or
2 8 a member of the clergy, shall complete two hours of training
2 9 relating to the identification and reporting of child abuse
2 10 within six months of initial employment or self=employment
2 11 involving the examination, attending, counseling, or treatment
2 12 of children on a regular basis. Within one month of initial
2 13 employment or self=employment, the person shall obtain a
2 14 statement of the abuse reporting requirements from the
2 15 person's employer or, if self=employed, from the department.
2 16 The person shall complete at least two hours of additional
2 17 child abuse identification and reporting training every five
2 18 years.
2 19 HF 206
2 20 jp/es/25