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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
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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
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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
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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
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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
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