Bill Text: IA SF2225 | 2011-2012 | 84th General Assembly | Enrolled
Bill Title: A bill for an act relating to child abuse by prohibiting retaliation for reporting, providing for implementation of reporting policies at postsecondary institutions, requiring review of training requirements, and providing a remedy. (Formerly SF 2035.) Effective 7-1-12.
Spectrum: Committee Bill
Status: (Passed) 2012-03-30 - Signed by Governor. S.J. 701. [SF2225 Detail]
Download: Iowa-2011-SF2225-Enrolled.html
Senate
File
2225
AN
ACT
RELATING
TO
CHILD
ABUSE
BY
PROHIBITING
RETALIATION
FOR
REPORTING,
PROVIDING
FOR
IMPLEMENTATION
OF
REPORTING
POLICIES
AT
POSTSECONDARY
INSTITUTIONS,
REQUIRING
REVIEW
OF
TRAINING
REQUIREMENTS,
AND
PROVIDING
A
REMEDY.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
232.73,
unnumbered
paragraph
2,
Code
2011,
is
amended
to
read
as
follows:
As
used
in
this
section
and
in
sections
232.73A,
232.77
,
and
232.78
,
“medically
relevant
test”
means
a
test
that
produces
reliable
results
of
exposure
to
cocaine,
heroin,
amphetamine,
methamphetamine,
or
other
illegal
drugs,
or
combinations
or
derivatives
of
the
illegal
drugs,
including
a
drug
urine
screen
test.
Sec.
2.
NEW
SECTION
.
232.73A
Retaliation
prohibited
——
remedy.
1.
a.
An
employer
shall
not
take
retaliatory
action
against
an
employee
as
a
reprisal
for
the
employee’s
participation
in
good
faith
in
making
a
report,
photograph,
or
X
ray,
or
in
the
performance
of
a
medically
relevant
test
pursuant
to
this
chapter,
or
aiding
and
assisting
in
an
assessment
of
a
child
abuse
report
pursuant
to
section
232.71B.
This
section
does
not
apply
to
a
disclosure
of
information
that
is
prohibited
by
statute.
b.
For
purposes
of
this
section,
“retaliatory
action”
includes
but
is
not
limited
to
an
employer’s
action
to
discharge
an
employee
or
to
take
or
fail
to
take
action
regarding
an
employee’s
appointment
or
proposed
appointment
to,
to
take
or
fail
to
take
action
regarding
an
employee’s
promotion
or
proposed
promotion
to,
or
to
fail
to
provide
an
Senate
File
2225,
p.
2
advantage
in
a
position
in
employment.
2.
Subsection
1
may
be
enforced
through
a
civil
action.
a.
A
person
who
violates
subsection
1
is
liable
to
an
aggrieved
employee
for
affirmative
relief
including
reinstatement,
with
or
without
back
pay,
or
any
other
equitable
relief
the
court
deems
appropriate,
including
attorney
fees
and
costs.
b.
When
a
person
commits,
is
committing,
or
proposes
to
commit
an
act
in
violation
of
subsection
1,
an
injunction
may
be
granted
through
an
action
in
district
court
to
prohibit
the
person
from
continuing
such
acts.
The
action
for
injunctive
relief
may
be
brought
by
an
aggrieved
employee
or
the
county
attorney.
Sec.
3.
Section
260C.14,
Code
2011,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
23.
Develop
and
implement
a
consistent
written
policy
for
an
employee
who
in
the
scope
of
the
person’s
employment
responsibilities
examines,
attends,
counsels,
or
treats
a
child
to
report
suspected
physical
or
sexual
abuse.
The
policy
shall
include
an
employee’s
reporting
responsibilities.
The
reporting
responsibilities
shall
designate
the
time,
circumstances,
and
method
for
reporting
suspected
child
abuse
to
the
community
college’s
administration
and
reporting
to
law
enforcement.
Nothing
in
the
policy
shall
prohibit
an
employee
from
reporting
suspected
child
abuse
in
good
faith
to
law
enforcement.
Sec.
4.
Section
261.9,
subsection
1,
unnumbered
paragraph
1,
Code
Supplement
2011,
is
amended
to
read
as
follows:
“Accredited
private
institution”
means
an
institution
of
higher
learning
located
in
Iowa
which
is
operated
privately
and
not
controlled
or
administered
by
any
state
agency
or
any
subdivision
of
the
state
and
which
meets
the
criteria
in
paragraphs
“a”
and
“b”
and
all
of
the
criteria
in
paragraphs
“d”
through
“g”
“h”
,
except
that
institutions
defined
in
paragraph
“c”
of
this
subsection
are
exempt
from
the
requirements
of
paragraphs
“a”
and
“b”
:
Sec.
5.
Section
261.9,
subsection
1,
Code
Supplement
2011,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
h.
Develops
and
implements
a
consistent
written
policy
for
an
employee
who
in
the
scope
of
the
person’s
employment
responsibilities
examines,
attends,
counsels,
or
treats
a
child
to
report
suspected
physical
or
sexual
abuse.
The
policy
shall
include
an
employee’s
reporting
Senate
File
2225,
p.
3
responsibilities.
The
reporting
responsibilities
shall
designate
the
time,
circumstances,
and
method
for
reporting
suspected
child
abuse
to
the
accredited
private
institution’s
administration
and
reporting
to
law
enforcement.
Nothing
in
the
policy
shall
prohibit
an
employee
from
reporting
suspected
child
abuse
in
good
faith
to
law
enforcement.
Sec.
6.
Section
262.9,
Code
Supplement
2011,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
36.
Develop
and
implement
a
consistent
written
policy
for
an
employee
who
in
the
scope
of
the
person’s
employment
responsibilities
examines,
attends,
counsels,
or
treats
a
child
to
report
suspected
physical
or
sexual
abuse.
The
policy
shall
include
an
employee’s
reporting
responsibilities.
The
reporting
responsibilities
shall
designate
the
time,
circumstances,
and
method
for
reporting
suspected
child
abuse
to
the
administration
of
the
institution
of
higher
learning
and
reporting
to
law
enforcement.
Nothing
in
the
policy
shall
prohibit
an
employee
from
reporting
suspected
child
abuse
in
good
faith
to
law
enforcement.
Sec.
7.
MANDATORY
CHILD
ABUSE
REPORTER
TRAINING
——
COMMITTEE
REVIEW.
1.
A
stakeholder
committee
shall
be
convened
and
staffed
by
the
department
of
public
health
to
review
the
training
resources
for
mandatory
reporters
of
child
abuse.
The
review
shall
address
the
current
training
resources
and
identify
options
for
increasing
the
frequency
of
the
training
and
the
availability
of
profession-specific
training
and
for
enhancing
the
effectiveness
and
quality
of
the
training.
The
results
of
the
review,
including
findings,
recommendations,
and
cost
projections,
shall
be
submitted
to
the
governor
and
general
assembly
on
or
before
December
15,
2012.
2.
The
membership
of
the
committee
shall
consist
of
stakeholders
involved
with
the
child
protection
system
and
representatives
of
the
professions
that
are
mandatory
reporters
of
child
abuse.
The
members
shall
be
appointed,
five
members
each,
by
the
chairpersons
of
the
committees
on
human
resources
of
the
senate
and
the
house
of
representatives,
in
consultation
with
the
ranking
members
of
the
committees.
In
addition,
four
members
of
the
general
assembly
shall
be
appointed
to
serve
in
an
ex
officio,
nonvoting
capacity.
The
legislative
members
shall
be
selected,
one
member
each,
by
the
majority
leader
of
the
senate,
the
minority
leader
of
the
senate,
the
speaker
of
Senate
File
2225,
p.
4
the
house
of
representatives,
and
the
minority
leader
of
the
house
of
representatives.
______________________________
JOHN
P.
KIBBIE
President
of
the
Senate
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2225,
Eighty-fourth
General
Assembly.
______________________________
MICHAEL
E.
MARSHALL
Secretary
of
the
Senate
Approved
_______________,
2012
______________________________
TERRY
E.
BRANSTAD
Governor
