General Assembly: 80 (2003 Regular GA) - Chapter 81 - Child care — miscellaneous provisions


Published: 2003-04-28

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145 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 81

CH. 81CH. 81

CHAPTER 81

CHILD CARE — MISCELLANEOUS PROVISIONS

S.F. 351

AN ACT relating to child care requirements involving prohibitions against involvement with child care, record checks and evaluations performed by the department of human ser- vices, eligibility for state assistance, and child care fraud program sanctions, and making penalties applicable.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 237A.1, Code 2003, is amended by adding the following new subsection: NEW SUBSECTION. 10A. “Involvement with child care” means licensed or registered un-

der this chapter, employed in a child care facility, residing in a child care facility, receiving public funding for providing child care, or providing child care as a child care home provider, or residing in a child care home.

Sec. 2. Section 237A.2, subsection 5, Code 2003, is amended to read as follows: 5. If the department has denied or revoked a license because the applicant or person has

continually or repeatedly failed to operate a licensed center in compliance with this chapter and rules adopted pursuant to this chapter, the person shall not own or operate a child care center for a period of twelvemonths from thedate the license is deniedor revoked. Thedepart- ment shall not act on an application for a license submitted by the applicant or person during the twelve-month period. The applicant or person shall be prohibited from involvement with child care unless the involvement is specifically permitted by the department.

Sec. 3. Section 237A.3, Code 2003, is amended to read as follows: 237A.3 CHILD CARE HOMES. 1. A person or program providing child care to five children or fewer at any one time is a

child care homeprovider and is not required to register under section 237A.3Aas a child devel- opment home. However, the person or program may register as a child development home. 2. If a person or program has been prohibited by the department from involvement with

child care, the person or program shall not provide child care as a child care home provider and is subject to penalty under section 237A.19 or injunction under section 237A.20 for doing so.

Sec. 4. Section 237A.3A, subsection 2, Code 2003, is amended to read as follows: 2. REVOCATION OR DENIAL OF REGISTRATION. If the department has denied or re-

voked a certificate of registration because a person has continually or repeatedly failed to op- erate a registered or licensed child care facility in compliance with this chapter and rules adopted pursuant to this chapter, the person shall not operate or establish a registered child development home for a period of twelvemonths from the date the registration or license was denied or revoked. The department shall not act on an application for registration submitted by the person during the twelve-month period. The applicant or person shall be prohibited from involvement with child care unless the involvement is specifically permitted by the de- partment.

Sec. 5. Section 237A.5, subsection 2, Code 2003, is amended to read as follows: 2. a. If a For the purposes of this section, unless the context otherwise requires: (1) “Person subject to an evaluation” means a person who has committed a transgression

and who is described by any of the following: (a) The person is being considered for licensure or registration or is registered or licensed

under this chapter, or.

146LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 81

(b) The person is being considered by a child care facility for employment involving direct responsibility for a child orwith access to a childwhen the child is alone, by a child care facility subject to licensureor registrationunder this chapter, or if a or is employedwith such responsi- bilities. (c) The person will reside or resides in a child care facility, and if the person has been con-

victedof a crimeorhas a recordof founded child abuse, thedepartment shall performanevalu- ation todeterminewhether the crimeor foundedchild abusewarrants prohibitionof licensure, registration, employment, or residence in the facility. (d) The person has applied for or receives public funding for providing child care. (e) The person will reside or resides in a child care home that is not registered under this

chapter but that receives public funding for providing child care. (2) “Transgression” means the existence of any of the following in a person’s record: (a) Conviction of a crime. (b) A record of having committed founded child or dependent adult abuse. (c) Listing in the sex offender registry under chapter 692A. (d) A record of having committed a public or civil offense. (e) The department has revoked a child care facility registration or license due to the per-

son’s continued or repeated failure to operate the child care facility in compliance with this chapter and rules adopted pursuant to this chapter. b. The department shall conduct criminal and child abuse record checks in this state and

may conduct these checks in other states. The In addition, the department may conduct de- pendent adult abuse, sex offender registry, and other public or civil offense record checks in this state or in other states. If the department identifies an individual as a person subject to an evaluation, an evaluation shall be performed to determine whether prohibition of the per- son’s involvement with child care is warranted. The evaluation shall be performed in accor- dance with procedures adopted for this purpose by the department. b. If the department determines that a person has committed a crime or has a record of

founded child abuse and is licensed, employed by a licensee or registrant or registered under this chapter, or resides in a licensed or registered facility Prior to performing an evaluation, the department shall notify the affected person, licensee, or registrant, or child care home ap- plying for or receiving public funding for providing child care, that an evaluation will be con- ducted to determine whether prohibition of the person’s licensure, registration, employment, or residence involvement with child care is warranted. c. In an evaluation, the department shall consider the nature and seriousness of the crime

or founded child abuse transgression in relation to theposition sought orheld, the timeelapsed since the commission of the crime or founded child abuse transgression, the circumstances under which the crime or founded child abuse transgression was committed, the degree of re- habilitation, the likelihood that the personwill commit the crime or founded child abuse trans- gression again, and the number of crimes or founded child abuses transgressions committed by the person involved. In addition to record check information, the department may utilize information from the department’s case records in performing the evaluation. The depart- ment may permit a person who is evaluated to be licensed, registered, employed, or to reside, or to continue to be licensed, registered, employed, or to reside in a licensed facility maintain involvement with child care, if the person complies with the department’s conditions and cor- rective action plan relating to the person’s licensure, registration, employment, or residence, whichmay include completion of additional training involvementwith child care. The depart- ment has final authority in determiningwhether prohibitionof theperson’s licensure, registra- tion, employment, or residence involvement with child care is warranted and in developing any conditional requirements and corrective action plan under this paragraph. d. If the department determines that the person has committed a crime or has a record of

founded child abuse which warrants prohibition of licensure, registration, employment, or residence, the person shall not be licensed or registered under this chapter to operate a child care facility and shall not be employed by a licensee or registrant or reside in a facility licensed or registered under this chapter.

147 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 81

d. (1) A person subject to an evaluation shall be prohibited from involvement with child care if the person has a record of founded child or dependent adult abuse that was determined to be sexual abuse, the person is listed on the sex offender registry under chapter 692A, or the person has committed any of the following felony-level offenses: (a) Child endangerment or neglect or abandonment of a dependent person. (b) Domestic abuse. (c) A crime against a child including but not limited to sexual exploitation of a minor. (d) A forcible felony. (2) If,within five years prior to thedate of application for registration or licensure under this

chapter, for employment or residence in a child care facility or child care home, or for receipt of public funding for providing child care, a person subject to an evaluationhas been convicted of a controlled substance offense under chapter 124 or has been found to have committed physical abuse, the person shall be prohibited from involvement with child care for a period of five years from the date of conviction or founded abuse. After the five-year prohibition peri- od, the person may submit an application for registration or licensure under this chapter, or to receivepublic funding for providing child care ormay request an evaluation, and the depart- ment shall perform an evaluation and, based upon the criteria in paragraph “c”, shall deter- mine whether prohibition of the person’s involvement with child care continues to be war- ranted. e. If the department determines, through an evaluation of a person’s transgression, that the

person’s prohibition of involvement with child care is warranted, the person shall be prohib- ited from involvement with child care. The department may identify a period of time after which the personmay request that another record check and evaluation be performed. A per- sonwho continues involvement with child care in violation of this subsection is subject to pen- alty under section 237A.19 or injunction under section 237A.20. e. f. If it has been determined that a child receiving child care from a child care facility or

a child care home which receives public funding for providing child care is the victim of founded child abuse committed by an employee, license or registration holder, child care home provider, or resident of the child care facility or child care home for which a report is placed in the central registry pursuant to section 232.71D, the administrator shall providenoti- fication at the time of the determination to the parents, guardians, and custodians of children receiving care from the facility or child care home. A notification made under this paragraph shall identify the type of abuse but shall not identify the victim or perpetrator or circumstances of the founded abuse.

Sec. 6. Section 237A.5, subsections 3 and 6, Code 2003, are amended by striking the sub- sections.

Sec. 7. Section 237A.13, subsection 1, paragraph d, Code 2003, is amended to read as fol- lows: d. The child’s parent, guardian, or custodian is absent for a limited periodof timedue tohos-

pitalization, physical illness, or mental illness, or is present but is unable to care for the child for a limited period as verified by a physician.

Sec. 8. Section 237A.13, subsection 4, Code 2003, is amended by adding the following new paragraph: NEWPARAGRAPH. d. A child in a family that is eligible for state child care assistance and

that receives a state adoption subsidy for the child.

Sec. 9. Section 237A.19, Code 2003, is amended by adding the following new subsection: NEW SUBSECTION. 3. A person who establishes, conducts, manages, or operates a child

care home in violation of section 237A.3, subsection 2, or a person or program that has been prohibitedby thedepartment from involvementwith child carebut continues that involvement commits a simple misdemeanor. Each day of continuing violation after conviction, or notice

148LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 81

from the department by certified mail of the violation, is a separate offense. A single charge alleging continuing violation may be made in lieu of filing charges for each day of violation.

Sec. 10. Section 237A.20, Code 2003, is amended to read as follows: 237A.20 INJUNCTION. A person who establishes, conducts, manages, or operates a center without a license or a

child development home without a certificate of registration, if registration is required under section 237A.3A,may be restrained by temporary or permanent injunction. A personwho has been convicted of a crime against a person, or a person with a record of founded child abuse, or a personwho has been prohibited by the department from involvement with child caremay be restrained by temporary or permanent injunction from providing unregistered, registered, or licensed child care or from other involvement with child care. The actionmay be instituted by the state, the county attorney, a political subdivision of the state, or an interested person.

Sec. 11. Section 237A.29, subsection 2, paragraph b, Code 2003, is amended to read as fol- lows: b. A child care provider that has been found by the department of inspections and appeals

in an administrative proceeding or in a judicial proceeding to have obtained, or has agreed to entry of a civil judgment or judgment by confession that includes a conclusion of law that the child care provider has obtained, by fraudulent means, public funding for provision of child care in an amount equal to or in excess of the minimum amount for a fraudulent practice in the second degree under section 714.10, subsection 1, shall be subject to sanction in accor- dance with this subsection. Such child care provider shall be subject to a period duringwhich receipt of public funding for provision of child care is conditioned upon no further violations and to one or more of the following sanctions as determined by the department and imposed in an administrative proceeding of human services:

Sec. 12. Section 237A.29, subsection 3, paragraphs a and b, Code 2003, are amended to read as follows: a. If a child care provider is subject to sanctions under subsection 2, within five business

days of the date the sanctions were imposed, the provider shall submit to the department the names and addresses of children receiving child care from the provider. The department shall send information to the parents of the children regarding the provider’s actions leading to the imposition of the sanctions and the nature of the sanctions imposed. If the provider fails to submit the names and addresseswithin five business days of the department notifying the pro- vider, the department shall suspend the provider’s registration or license under this chapter until the names and addresses are provided. b. In addition to applying the suspension If the child care provider fails to submit the names

and addresses within the time period required by paragraph “a”, the department may shall re- quest that the attorney general file a petition with the district court of the county in which the provider is located for issuance of a temporary injunction enjoining the provider from provid- ing child care until the names and addresses are submitted to the department. The attorney general may file the petition upon receiving the request from the department. Any temporary injunction may be granted without a bond being required from the department.

Approved April 28, 2003