Bill Text: IA SF2355 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to processes overseen by the department of health and human services, including internal adoption information sharing, dependent adult abuse matters, juvenile justice court filings, and mandatory reporter training.(Formerly SSB 3124.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-03-20 - Withdrawn. S.J. 600. [SF2355 Detail]
Download: Iowa-2023-SF2355-Introduced.html
Senate
File
2355
-
Introduced
SENATE
FILE
2355
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
SSB
3124)
(COMPANION
TO
HF
2404
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES)
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,
also
28
authorized
by
the
department,
to
make
an
evaluation,
to
enter
29
the
residence
of,
and
to
examine
the
dependent
adult.
Upon
30
a
showing
of
probable
cause
that
a
dependent
adult
has
been
31
financially
exploited
,
including
the
identification
of
records
32
the
department
reasonably
believes
are
related
to
the
alleged
33
financial
exploitation
,
a
court
may
authorize
a
person,
also
34
authorized
by
the
department,
to
make
an
evaluation
,
and
to
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gain
access
to
the
financial
records
of
the
dependent
adult
1
the
department
reasonably
believes
are
related
to
the
alleged
2
financial
exploitation
.
3
Sec.
4.
Section
235B.6,
subsection
2,
paragraph
d,
Code
4
2024,
is
amended
by
adding
the
following
new
subparagraph:
5
NEW
SUBPARAGRAPH
.
(7)
To
a
tribal
court
as
defined
in
6
section
626D.2,
a
tribal
prosecutor,
or
tribal
services
7
provided
that
the
dependent
adult
is
an
Indian
as
defined
in
8
section
232B.3.
9
Sec.
5.
Section
235B.6,
subsection
3,
Code
2024,
is
amended
10
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
11
following:
12
3.
Access
to
unfounded
dependent
adult
abuse
information
13
is
authorized
only
to
those
persons
identified
in
any
of
the
14
following:
15
a.
Subsection
2,
paragraph
“a”
.
16
b.
Subsection
2,
paragraph
“b”
,
subparagraphs
(2),
(5),
and
17
(6).
18
c.
Subsection
2,
paragraph
“d”
,
subparagraph
(7).
19
d.
Subsection
2,
paragraph
“e”
,
subparagraphs
(2),
(5),
20
(10),
(20),
(21),
and
(22).
21
DIVISION
III
22
ACCESS
TO
JUVENILE
COURT
SOCIAL
RECORDS
23
Sec.
6.
Section
232.147,
Code
2024,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
20.
Notwithstanding
any
other
provision
of
26
law
to
the
contrary,
the
department
may
inspect,
and
the
court
27
shall
disclose
to
the
department
upon
the
department’s
request,
28
records
that
are
confidential
under
this
section
if
the
records
29
were
filed
in
a
proceeding
under
subchapter
III,
IV,
or
V
of
30
this
chapter
to
which
the
department
is
a
participant.
31
DIVISION
IV
32
MANDATORY
REPORTER
TRAINING
33
Sec.
7.
Section
232.69,
subsection
3,
paragraphs
b
and
e,
34
Code
2024,
are
amended
to
read
as
follows:
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b.
A
person
required
to
make
a
report
under
subsection
1
,
1
other
than
a
physician
whose
professional
practice
does
not
2
regularly
involve
providing
primary
health
care
to
children,
3
shall
complete
two
hours
of
the
core
training
curriculum
4
relating
to
the
identification
and
reporting
of
child
abuse
5
within
six
months
of
initial
employment
or
self-employment
6
involving
the
examination,
attending,
counseling,
or
treatment
7
of
children
on
a
regular
basis.
Within
one
month
of
initial
8
employment
or
self-employment,
the
person
shall
obtain
a
9
statement
of
the
abuse
reporting
requirements
from
the
person’s
10
employer
or,
if
self-employed,
from
the
department.
The
11
person
shall
complete
at
least
two
hours
of
additional
the
12
core
training
curriculum
relating
to
the
identification
and
13
reporting
of
child
abuse
identification
and
reporting
training
14
every
three
years.
If
the
person
completes
at
least
one
hour
15
of
additional
child
abuse
identification
and
reporting
training
16
prior
to
the
three-year
expiration
period,
the
person
shall
be
17
deemed
in
compliance
with
the
training
requirements
of
this
18
section
for
an
additional
three
years.
19
e.
A
licensing
board
with
authority
over
the
license
of
20
a
person
required
to
make
a
report
under
subsection
1
shall
21
require
as
a
condition
of
licensure
that
the
person
is
in
22
compliance
with
the
requirements
for
abuse
the
core
training
23
curriculum
relating
to
the
identification
and
reporting
24
of
child
abuse
under
this
subsection
.
The
licensing
board
25
shall
require
the
person
upon
licensure
renewal
to
accurately
26
document
for
the
licensing
board
the
person’s
completion
of
the
27
training
requirements.
However,
the
licensing
board
may
adopt
28
rules
providing
for
waiver
or
suspension
of
the
compliance
29
requirements,
if
the
waiver
or
suspension
is
in
the
public
30
interest,
applicable
to
a
person
who
is
engaged
in
active
duty
31
in
the
military
service
of
this
state
or
of
the
United
States,
32
to
a
person
for
whom
compliance
with
the
training
requirements
33
would
impose
a
significant
hardship,
or
to
a
person
who
is
34
practicing
a
licensed
profession
outside
this
state
or
is
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otherwise
subject
to
circumstances
that
would
preclude
the
1
person
from
encountering
child
abuse
in
this
state.
2
Sec.
8.
Section
235B.16,
subsection
5,
paragraphs
b
and
e,
3
Code
2024,
are
amended
to
read
as
follows:
4
b.
A
person
required
to
report
cases
of
dependent
adult
5
abuse
pursuant
to
sections
235B.3
and
235E.2
,
other
than
a
6
physician
whose
professional
practice
does
not
regularly
7
involve
providing
primary
health
care
to
adults,
shall
complete
8
two
hours
of
the
core
training
curriculum
relating
to
the
9
identification
and
reporting
of
dependent
adult
abuse
within
10
six
months
of
initial
employment
or
self-employment
which
11
involves
the
examination,
attending,
counseling,
or
treatment
12
of
adults
on
a
regular
basis.
Within
one
month
of
initial
13
employment
or
self-employment,
the
person
shall
obtain
a
14
statement
of
the
abuse
reporting
requirements
from
the
person’s
15
employer
or,
if
self-employed,
from
the
department.
The
16
person
shall
complete
at
least
two
hours
of
additional
the
17
core
training
curriculum
relating
to
the
identification
and
18
reporting
of
dependent
adult
abuse
identification
and
reporting
19
training
every
three
years.
If
the
person
completes
at
least
20
one
hour
of
additional
dependent
adult
abuse
identification
and
21
reporting
training
prior
to
the
three-year
expiration
period,
22
the
person
shall
be
deemed
in
compliance
with
the
training
23
requirements
of
this
section
for
an
additional
three
years.
24
e.
A
licensing
board
with
authority
over
the
license
of
25
a
person
required
to
report
cases
of
dependent
adult
abuse
26
pursuant
to
sections
235B.3
and
235E.2
shall
require
as
27
a
condition
of
licensure
that
the
person
is
in
compliance
28
with
the
requirements
for
abuse
the
core
training
curriculum
29
relating
to
the
identification
and
reporting
of
dependent
30
adult
abuse
under
this
subsection
.
The
licensing
board
31
shall
require
the
person
upon
licensure
renewal
to
accurately
32
document
for
the
licensing
board
the
person’s
completion
of
the
33
training
requirements.
However,
the
licensing
board
may
adopt
34
rules
providing
for
waiver
or
suspension
of
the
compliance
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requirements,
if
the
waiver
or
suspension
is
in
the
public
1
interest,
applicable
to
a
person
who
is
engaged
in
active
duty
2
in
the
military
service
of
this
state
or
of
the
United
States,
3
to
a
person
for
whom
compliance
with
the
training
requirements
4
would
impose
a
significant
hardship,
or
to
a
person
who
is
5
practicing
a
licensed
profession
outside
this
state
or
is
6
otherwise
subject
to
circumstances
that
would
preclude
the
7
person
from
encountering
dependent
adult
abuse
in
this
state.
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
relates
to
processes
overseen
by
the
department
of
12
health
and
human
services
(HHS),
including
internal
adoption
13
information
sharing,
dependent
adult
abuse
matters,
juvenile
14
justice
court
filings,
and
mandatory
reporter
training.
15
DIVISION
I
——
INTERNAL
ADOPTION
INFORMATION
SHARING.
This
16
division
of
the
bill
allows
HHS
to
share
information
relating
17
to
a
child’s
adoption
records
within
HHS
for
the
purposes
of
18
ensuring
continuity
of
services
administered
by
HHS.
19
DIVISION
II
——
DEPENDENT
ADULT
ABUSE.
This
division
of
the
20
bill
relates
to
dependent
adult
abuse.
21
The
bill
includes
breach
of
a
fiduciary
duty
owed
to
a
22
dependent
adult
as
a
form
of
dependent
adult
abuse.
23
The
bill
allows
a
court,
upon
HHS
showing
probable
cause
that
24
a
dependent
adult
has
been
financially
exploited,
including
the
25
identification
of
records
HHS
reasonably
believes
are
related
26
to
the
alleged
financial
exploitation,
to
authorize
a
person,
27
also
authorized
by
HHS,
to
make
an
evaluation
and
to
gain
28
access
to
the
records
HHS
reasonably
believes
are
related
to
29
the
alleged
financial
exploitation.
30
The
bill
allows
a
tribal
court,
a
tribal
prosecutor,
or
31
tribal
services
to
access
founded
and
unfounded
dependent
adult
32
abuse
information.
33
DIVISION
III
——
ACCESS
TO
JUVENILE
JUSTICE
COURT
FILINGS.
34
This
division
of
the
bill
allows
HHS
to
inspect,
and
requires
a
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court
to
disclose
to
HHS
upon
HHS’s
request,
records
that
are
1
confidential
under
Code
section
232.147
(confidentiality
of
2
juvenile
court
records)
if
the
records
were
filed
in
a
child
in
3
need
of
assistance
proceeding,
a
termination
of
parent-child
4
relationship
proceeding,
or
a
family
in
need
of
assistance
5
proceeding
to
which
HHS
is
a
participant.
6
DIVISION
IV
——
MANDATORY
REPORTER
TRAINING.
This
division
7
of
the
bill
relates
to
mandatory
reporter
training.
8
Certain
classes
of
persons
are
statutorily
required
to
make
9
reports
to
HHS
regarding
cases
of
child
abuse.
These
persons,
10
other
than
a
physician
whose
professional
practice
does
not
11
regularly
involve
providing
primary
health
care
to
children,
12
are
required
to
receive
training
related
to
the
identification
13
and
reporting
of
child
abuse.
The
trainings
are
currently
14
two
hours
for
initial
training
and
one
hour
recertification
15
trainings
which
need
to
be
completed
once
every
three
years.
16
The
bill
removes
the
time
requirement
for
the
initial
trainings
17
and
eliminates
the
recertification
trainings.
The
bill
18
contains
similar
language
for
dependent
adult
abuse
mandatory
19
reporter
training.
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