Bill Text: IA HF2428 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to child care facilities, including licensing and registration, and providing penalties.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-02-18 - Introduced, referred to Human Resources. H.J. 290. [HF2428 Detail]
Download: Iowa-2019-HF2428-Introduced.html
House
File
2428
-
Introduced
HOUSE
FILE
2428
BY
EHLERT
,
KURTH
,
STECKMAN
,
and
DONAHUE
A
BILL
FOR
An
Act
relating
to
child
care
facilities,
including
licensing
1
and
registration,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
237A.2,
subsection
1,
Code
2020,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
d.
The
applicant
has
not
been
previously
3
convicted
or
received
a
deferred
judgment
for
any
offense
under
4
section
237A.19
in
the
twelve
months
prior
to
the
application.
5
Sec.
2.
NEW
SECTION
.
237A.9
Licensing
and
registration
6
violations
——
civil
penalties.
7
1.
The
department
shall
establish
by
rule,
in
accordance
8
with
chapter
17A,
civil
penalties,
not
to
exceed
one
thousand
9
dollars
per
violation,
for
the
following
violations
by
a
child
10
care
provider
in
the
licensing
application
or
registration
11
application
process:
12
a.
Failure
to
disclose
on
the
application
that
the
applicant
13
has
previously
operated
a
child
care
center
or
a
child
care
14
home,
whether
under
a
different
name,
at
a
different
address,
15
or
in
another
state.
16
b.
Failure
to
disclose
on
the
application
prior
compliance
17
reports
indicating
noncompliance
or
complaints
filed
against
18
the
child
care
provider
at
any
previous
child
care
center
or
19
child
care
home.
20
2.
If
a
child
care
provider
assessed
a
penalty
does
not
21
request
a
formal
hearing
pursuant
to
chapter
17A
or
withdraws
22
its
request
for
a
formal
hearing
within
thirty
days
of
the
23
date
the
penalty
was
assessed,
the
penalty
shall
be
reduced
24
by
thirty-five
percent
if
the
penalty
is
paid
within
thirty
25
days
of
the
issuance
of
a
demand
letter
by
the
department.
The
26
demand
letter,
which
includes
the
civil
penalty,
shall
include
27
a
statement
to
this
effect.
28
Sec.
3.
Section
237A.19,
subsection
1,
Code
2020,
is
amended
29
to
read
as
follows:
30
1.
A
person
who
establishes,
conducts,
manages,
or
operates
31
a
center
without
a
license
commits
a
serious
misdemeanor.
Each
32
day
of
continuing
violation
after
conviction,
or
notice
from
33
the
department
by
certified
mail
of
the
violation,
shall
be
34
considered
a
separate
offense.
A
person
who
has
previously
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been
convicted
of
an
offense
under
this
subsection
commits
1
an
aggravated
misdemeanor.
A
person
who
has
previously
2
been
convicted
three
or
more
time
of
an
offense
under
this
3
subsection
commits
a
class
“D”
felony.
4
Sec.
4.
Section
237A.19,
Code
2020,
is
amended
by
adding
the
5
following
new
subsections:
6
NEW
SUBSECTION
.
4.
A
person
who
has
been
convicted
of
7
an
offense
under
this
section
or
who
has
been
granted
a
8
deferred
judgment
under
section
907.3
shall
be
prohibited
from
9
establishing,
conducting,
managing,
or
operating
a
licensed
10
child
care
facility
for
a
period
of
twelve
months
from
the
date
11
of
conviction
or
deferred
judgment.
12
NEW
SUBSECTION
.
5.
The
department
shall
report
any
13
violation
or
continuing
violations
of
this
section
to
the
local
14
law
enforcement
department
with
jurisdiction
over
the
center,
15
child
development
home,
or
child
care
home.
Upon
completion
16
of
an
investigation
of
any
offense
under
this
section,
the
17
local
law
enforcement
department
with
jurisdiction
over
the
18
center,
child
development
home,
or
child
care
home
shall
19
provide
a
report
to
the
county
attorney
with
a
recommendation
20
for
either
criminal
prosecution
under
this
section,
injunctive
21
relief
under
section
237A.20,
or
both.
A
copy
of
this
report
22
and
recommendation
shall
also
be
provided
to
the
appropriate
23
political
subdivision
of
the
state
and
to
the
attorney
general.
24
Sec.
5.
Section
237A.20,
Code
2020,
is
amended
to
read
as
25
follows:
26
237A.20
Injunction.
27
A
person
who
establishes,
conducts,
manages,
or
operates
a
28
center
without
a
license
or
a
child
development
home
without
a
29
certificate
of
registration,
if
registration
is
required
under
30
section
237A.3A
,
may
be
restrained
by
temporary
or
permanent
31
injunction.
A
person
who
has
been
convicted
of
a
crime
against
32
a
person,
a
person
with
a
record
of
founded
child
abuse,
a
33
person
who
has
been
previously
convicted
of
an
offense
under
34
section
237A.19
in
the
twelve
months
prior
to
any
current
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action
filed
against
a
center
or
child
development
home,
1
or
a
person
who
has
been
prohibited
by
the
department
from
2
involvement
with
child
care
may
be
restrained
by
temporary
or
3
permanent
injunction
from
providing
unregistered,
registered,
4
or
licensed
child
care
or
from
other
involvement
with
5
child
care.
The
action
may
be
instituted
by
the
state,
the
6
county
attorney,
a
political
subdivision
of
the
state,
or
an
7
interested
person.
8
Sec.
6.
Section
237A.25,
subsection
2,
Code
2020,
is
amended
9
by
adding
the
following
new
paragraph:
10
NEW
PARAGRAPH
.
0g.
Information
explaining
the
availability
11
of
child
care
compliance
reports
and
complaint
reports
12
concerning
child
care
providers.
13
Sec.
7.
Section
237A.25,
subsection
3,
Code
2020,
is
amended
14
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
0d.
Capability
for
a
consumer
to
access
16
information
relating
to
the
filing
of
child
care
compliance
17
and
complaint
reports
concerning
child
care
providers.
All
18
compliance
reports
and
complaint
reports
filed
shall
be
19
published
on
the
department’s
internet
page
or
site
within
20
thirty
days
of
the
filing
of
a
report.
21
Sec.
8.
CHILD
CARE
FACILITIES
——
COMPLAINTS.
The
department
22
of
human
services
shall
amend
its
administrative
rules
pursuant
23
to
chapter
17A
to
require
all
compliance
reports
and
complaint
24
reports
made
against
nonregistered
child
care
homes
and
in-home
25
child
care
providers
be
published
on
the
department’s
internet
26
page
or
site
within
thirty
days
of
the
filing
of
a
report.
27
Sec.
9.
CHILD
CARE
FACILITIES
——
LICENSING
OR
REGISTRATION
28
APPLICATIONS.
The
department
of
human
services
shall
amend
its
29
administrative
rules
pursuant
to
chapter
17A
to
include
the
30
following
requests
for
information
on
licensing
or
registration
31
applications:
32
1.
Have
you
previously
operated
a
child
care
center
or
a
33
child
care
home,
whether
under
a
different
name,
at
a
different
34
address
or
in
another
state?
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2.
If
you
have
previously
operated
a
child
care
center
or
a
1
child
care
home,
provide
the
name
and
address
of
the
child
care
2
center
or
the
child
care
home.
3
3.
Provide
any
previous
provider
identification
numbers
4
which
were
assigned
to
you
when
operating
a
child
care
center
5
or
a
child
care
home.
6
Sec.
10.
CHILD
CARE
FACILITIES
——
CHILD
CARE
PROVIDER
7
IDENTIFICATION
NUMBERS.
The
department
of
human
services
8
shall
amend
its
administrative
rules
pursuant
to
chapter
17A
9
to
require
that
all
child
care
provider
identification
numbers
10
associated
with
an
individual
child
care
provider
be
merged
and
11
be
discoverable
by
a
consumer
searching
on
the
department’s
12
internet
page
or
site
concerning
compliance
reports
and
13
complaint
reports
filed
for
a
named
child
care
provider.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
relates
to
child
care
facilities
including
18
licensing
and
registration
and
provides
penalties.
19
The
bill
provides
that
prior
to
issuing
a
license
for
a
child
20
care
center,
the
department
of
human
services
(department)
21
shall
determine
that
the
applicant
has
not
been
previously
22
convicted
or
received
a
deferred
judgment
for
any
offense
under
23
Code
section
237A.19
(penalties)
in
the
12
months
prior
to
the
24
filing
of
the
application.
25
The
bill
establishes
civil
penalties,
not
to
exceed
$1,000
26
per
violation,
for
failure
of
a
child
care
provider
to
provide
27
certain
requested
information
in
the
licensing
application
or
28
registration
application
process.
If
a
child
care
provider
29
assessed
a
penalty
does
not
request
a
formal
hearing
pursuant
30
to
Code
chapter
17A
or
withdraws
its
request
for
a
formal
31
hearing
within
30
days
of
the
date
the
penalty
was
assessed,
32
the
penalty
shall
be
reduced
by
35
percent
if
the
penalty
is
33
paid
within
30
days
of
the
issuance
of
a
demand
letter
by
the
34
department.
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The
bill
provides
that
a
person
who
has
previously
been
1
convicted
of
an
offense
establishing,
conducting,
managing,
2
or
operating
a
child
care
center
without
a
license
commits
3
an
aggravated
misdemeanor,
and
a
person
who
has
previously
4
been
convicted
three
or
more
times
of
an
offense
establishing,
5
conducting,
managing,
or
operating
a
child
care
center
6
without
a
license
commits
a
class
“D”
felony.
An
aggravated
7
misdemeanor
is
punishable
by
confinement
for
no
more
than
two
8
years
and
a
fine
of
at
least
$625
but
not
more
than
$6,250.
A
9
class
“D”
felony
is
punishable
by
confinement
for
no
more
than
10
five
years
and
a
fine
of
at
least
$750
but
not
more
than
$7,500.
11
The
bill
provides
that
a
person
who
has
been
convicted
of
12
an
offense
under
Code
section
237A.19
or
who
has
been
granted
13
a
deferred
judgment
shall
be
prohibited
from
establishing,
14
conducting,
managing,
or
operating
a
licensed
child
care
15
facility
for
a
period
of
12
months
from
the
date
of
conviction
16
or
deferred
judgment.
The
department
shall
report
any
17
violation
or
continuing
violations
of
Code
section
237A.19
to
18
the
local
law
enforcement
department
with
jurisdiction
over
the
19
child
care
center,
child
development
home,
or
child
care
home
20
for
investigation.
The
local
law
enforcement
department
shall
21
provide
a
report
to
the
county
attorney
with
a
recommendation
22
for
either
criminal
prosecution,
injunctive
relief,
or
both.
A
23
copy
of
the
report
and
recommendation
shall
also
be
provided
to
24
the
appropriate
political
subdivision
of
the
state
and
to
the
25
attorney
general.
26
The
bill
provides
that
a
person
who
has
been
previously
27
convicted
of
an
offense
under
Code
section
237A.19
in
the
28
12
months
prior
to
any
current
action
filed
against
a
child
29
care
center
or
child
development
home
may
be
restrained
by
30
temporary
or
permanent
injunction
from
providing
unregistered,
31
registered,
or
licensed
child
care
or
from
other
involvement
32
with
child
care.
33
The
bill
requires
that
consumer
information
material
34
developed
by
the
department
for
parents
and
other
consumers
of
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child
care
services
shall
include
information
explaining
the
1
availability
of
child
care
compliance
reports
and
complaint
2
reports
concerning
child
care
providers.
The
department
shall
3
provide
on
its
internet
page
or
site
the
capability
for
a
4
consumer
to
access
information
relating
to
the
filing
of
child
5
care
compliance
and
complaint
reports
concerning
child
care
6
providers
and
such
filed
reports
shall
be
published
on
the
7
department’s
internet
page
or
site
within
30
days
of
the
filing
8
of
a
report.
9
The
bill
requires
the
department
to
amend
its
administrative
10
rules
pursuant
to
Code
chapter
17A
to
require
all
compliance
11
reports
and
complaint
reports
made
against
nonregistered
child
12
care
homes
and
in-home
child
care
providers
to
be
published
on
13
the
department’s
internet
page
or
site
within
30
days
of
the
14
filing
of
a
report;
to
include
specific
questions
and
request
15
specific
information
concerning
previously
operated
child
16
care
centers
or
child
care
homes
on
licensing
or
registration
17
applications;
and
that
all
provider
identification
numbers
18
associated
with
an
individual
child
care
provider
be
merged
and
19
be
discoverable
by
a
consumer
searching
on
the
department’s
20
internet
page
or
site
concerning
compliance
reports
and
21
complaint
reports
filed
for
a
named
child
care
provider.
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