Bill Text: IA SSB1114 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to children’s residential facility certification requirements and care furnished by bona fide religious institutions, and including effective date provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-03-01 - Subcommittee recommends amendment and passage. [SSB1114 Detail]
Download: Iowa-2017-SSB1114-Introduced.html
Senate
Study
Bill
1114
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
EDUCATION
BILL
BY
CHAIRPERSON
SINCLAIR)
A
BILL
FOR
An
Act
relating
to
children’s
residential
facility
1
certification
requirements
and
care
furnished
by
bona
2
fide
religious
institutions,
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
237C.1,
subsection
3,
Code
2017,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
j.
Care
furnished
by
a
bona
fide
religious
3
institution.
4
Sec.
2.
NEW
SECTION
.
237C.11
Bona
fide
religious
5
institution
——
notification
required.
6
If
care
is
furnished
by
an
entity
that
is
a
bona
fide
7
religious
institution
exempt
from
the
definition
of
children’s
8
residential
facility
under
section
237C.1,
subsection
3,
9
paragraph
“j”
,
but
that
would
otherwise
meet
the
definition
10
of
a
children’s
residential
facility
under
section
237C.1,
11
subsection
3,
the
entity
shall
do
all
of
the
following:
12
1.
Notify
the
department
of
human
services
in
writing
of
13
the
existence
of
the
entity
within
thirty
days
of
commencing
14
operation.
15
2.
Allow
annually
one
scheduled
inspection
and
one
16
unannounced
inspection
of
the
entity
by
a
representative
of
the
17
department
of
inspections
and
appeals.
18
3.
Authorize
reasonable
and
timely
access
to
clients
and
19
staff
of
the
entity
by
a
representative
of
the
department
20
of
human
services
who
is
responsible
for
investigating
an
21
allegation
of
abuse.
22
4.
Comply
with
standards
adopted
by
the
state
fire
marshal
23
under
chapter
100.
24
5.
Meet
the
sanitation,
water,
and
waste
disposal
standards
25
adopted
by
rule
by
the
department
of
human
services
under
26
section
237C.4.
27
6.
Prior
to
employing
a
person
who
will
have
significant
28
contact
with
children
placed
in
the
entity’s
facility,
the
29
entity
shall
initiate
a
state
criminal
history
record
check
30
of
the
person
through
the
division
of
criminal
investigation
31
of
the
department
of
public
safety,
submit
the
person’s
32
fingerprints
to
the
division
for
submission
to
the
federal
33
bureau
of
investigation
for
a
national
criminal
history
record
34
check,
and
review
the
sex
offender
registry
information
under
35
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section
692A.121
available
to
the
general
public,
the
central
1
registry
for
child
abuse
information
established
under
section
2
235A.14,
and
the
central
registry
for
dependent
adult
abuse
3
information
established
under
section
235B.5
for
information
4
regarding
the
person.
5
7.
Comply
with
standards
adopted
by
the
department
under
6
section
237C.3
relating
to
the
use
of
seclusion,
restraint,
or
7
other
restrictive
interventions.
8
Sec.
3.
EXISTING
ENTITY
OPERATED
BY
BONA
FIDE
RELIGIOUS
9
INSTITUTION.
An
entity
in
existence
on
the
effective
date
of
10
this
Act,
which
is
exempt
from
the
definition
of
children’s
11
residential
facility
under
section
237C.1,
subsection
12
3,
paragraph
“j”,
but
which
would
otherwise
qualify
as
13
a
children’s
residential
facility
under
section
237C.1,
14
subsection
3,
shall
notify
the
department
of
human
services
in
15
writing
of
its
existence
within
thirty
days
of
the
effective
16
date
of
this
Act.
17
Sec.
4.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
18
immediate
importance,
takes
effect
upon
enactment.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
adds
care
furnished
by
bona
fide
religious
23
institutions
to
entities
to
which
the
definition
of
“children’s
24
residential
facility”
does
not
apply.
25
Currently,
Code
section
237C.1
defines
“children’s
26
residential
facility”
to
mean
a
private
facility
designed
to
27
serve
children
under
the
age
of
18
who
have
been
voluntarily
28
placed
for
reasons
other
than
an
exclusively
recreational
29
activity
outside
of
their
home
by
a
parent
or
legal
guardian
30
and
who
are
not
under
the
custody
or
authority
of
the
31
department
of
human
services,
juvenile
court,
or
another
32
governmental
agency,
and
the
facility
provides
24-hour
33
care,
including
food,
lodging,
supervision,
education,
or
34
other
care.
Currently
excluded
from
the
definition
are
care
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furnished
by
certain
individuals,
such
as
personal
friends
or
1
in
circumstances
preceding
adoption,
and
care
furnished
by
2
entities
otherwise
regulated
by
a
state
agency.
3
Under
the
bill,
an
entity
that
furnishes
care
that
would
4
otherwise
qualify
it
as
a
children’s
residential
facility,
5
but
which
is
exempt
because
it
is
a
bona
fide
religious
6
institution,
must
notify
the
department
of
human
services
7
in
writing
of
its
existence
within
30
days
of
commencing
8
operation,
allow
annually
one
scheduled
inspection
and
one
9
unannounced
inspection
of
the
entity
by
a
representative
of
the
10
department
of
inspections
and
appeals,
authorize
reasonable
11
and
timely
access
to
clients
and
staff
of
the
entity
by
a
12
representative
of
the
department
of
human
services
who
is
13
responsible
for
investigating
an
allegation
of
abuse,
comply
14
with
the
state
fire
marshal’s
standards,
meet
the
sanitation,
15
water,
and
waste
disposal
standards
adopted
by
the
department
16
of
human
services,
conduct
a
background
check
on
job
applicants
17
who
will
have
significant
contact
with
children
in
the
18
entity’s
facility,
and
comply
with
the
department’s
standards
19
regarding
the
use
of
seclusion,
restraint,
or
other
restrictive
20
interventions.
21
The
bill
includes
session
law
requiring
such
an
entity
in
22
existence
on
the
effective
date
of
the
bill
to
notify
the
23
department
of
human
services
in
writing
of
its
existence
within
24
30
days
of
the
effective
date
of
the
bill.
25
The
bill
takes
effect
upon
enactment.
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