Bill Text: IA SF2035 | 2011-2012 | 84th General Assembly | Introduced
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 planning for training requirements, and providing for the distribution of information on child sexual abuse, and providing a remedy. (See SF 2225.)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-23 - Subcommittee, Beall, Dvorsky, and Johnson. S.J. 103. [SF2035 Detail]
Download: Iowa-2011-SF2035-Introduced.html
Senate
File
2035
-
Introduced
SENATE
FILE
2035
BY
BEALL
A
BILL
FOR
An
Act
relating
to
child
abuse
by
prohibiting
retaliation
1
for
reporting,
providing
for
implementation
of
reporting
2
policies
at
postsecondary
institutions,
requiring
3
planning
for
training
requirements,
and
providing
for
the
4
distribution
of
information
on
child
sexual
abuse,
and
5
providing
a
remedy.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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Section
1.
Section
232.73,
unnumbered
paragraph
2,
Code
1
2011,
is
amended
to
read
as
follows:
2
As
used
in
this
section
and
in
sections
232.73A,
232.77
,
and
3
232.78
,
“medically
relevant
test”
means
a
test
that
produces
4
reliable
results
of
exposure
to
cocaine,
heroin,
amphetamine,
5
methamphetamine,
or
other
illegal
drugs,
or
combinations
or
6
derivatives
of
the
illegal
drugs,
including
a
drug
urine
screen
7
test.
8
Sec.
2.
NEW
SECTION
.
232.73A
Retaliation
prohibited
——
9
remedy.
10
1.
a.
An
employer
shall
not
take
retaliatory
action
against
11
an
employee
as
a
reprisal
for
the
employee’s
participation
in
12
good
faith
in
making
a
report,
photograph,
or
X
ray,
or
in
13
the
performance
of
a
medically
relevant
test
pursuant
to
this
14
chapter,
or
aiding
and
assisting
in
an
assessment
of
a
child
15
abuse
report
pursuant
to
section
232.71B.
This
section
does
16
not
apply
to
a
disclosure
of
information
that
is
prohibited
by
17
statute.
18
b.
For
purposes
of
this
section,
“retaliatory
action”
19
includes
but
is
not
limited
to
an
employer’s
action
to
20
discharge
an
employee
or
to
take
or
fail
to
take
action
21
regarding
an
employee’s
appointment
or
proposed
appointment
22
to,
to
take
or
fail
to
take
action
regarding
an
employee’s
23
promotion
or
proposed
promotion
to,
or
to
fail
to
provide
an
24
advantage
in
a
position
in
employment.
25
2.
Subsection
1
may
be
enforced
through
a
civil
action.
26
a.
A
person
who
violates
subsection
1
is
liable
to
27
an
aggrieved
employee
for
affirmative
relief
including
28
reinstatement,
with
or
without
back
pay,
or
any
other
equitable
29
relief
the
court
deems
appropriate,
including
attorney
fees
and
30
costs.
31
b.
When
a
person
commits,
is
committing,
or
proposes
to
32
commit
an
act
in
violation
of
subsection
1,
an
injunction
may
33
be
granted
through
an
action
in
district
court
to
prohibit
the
34
person
from
continuing
such
acts.
The
action
for
injunctive
35
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relief
may
be
brought
by
an
aggrieved
employee
or
the
county
1
attorney.
2
Sec.
3.
Section
260C.14,
Code
2011,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
23.
Develop
and
implement
a
consistent
5
written
policy
for
an
employee
who
in
the
scope
of
the
person’s
6
employment
responsibilities
examines,
attends,
counsels,
7
treats,
supervises,
or
has
direct
contact
with
a
child
to
8
report
suspected
child
abuse.
The
policy
shall
include
9
an
employee’s
reporting
responsibilities.
The
reporting
10
responsibilities
shall
designate
the
time,
circumstances,
and
11
method
for
reporting
suspected
child
abuse
to
the
community
12
college’s
administration
and
reporting
to
law
enforcement.
13
Nothing
in
the
policy
shall
prohibit
an
employee
from
reporting
14
suspected
child
abuse
in
good
faith
to
law
enforcement.
15
Sec.
4.
Section
261.9,
subsection
1,
unnumbered
paragraph
16
1,
Code
Supplement
2011,
is
amended
to
read
as
follows:
17
“Accredited
private
institution”
means
an
institution
of
18
higher
learning
located
in
Iowa
which
is
operated
privately
19
and
not
controlled
or
administered
by
any
state
agency
or
20
any
subdivision
of
the
state
and
which
meets
the
criteria
in
21
paragraphs
“a”
and
“b”
and
all
of
the
criteria
in
paragraphs
“d”
22
through
“g”
“h”
,
except
that
institutions
defined
in
paragraph
23
“c”
of
this
subsection
are
exempt
from
the
requirements
of
24
paragraphs
“a”
and
“b”
:
25
Sec.
5.
Section
261.9,
subsection
1,
Code
Supplement
2011,
26
is
amended
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
h.
Develops
and
implements
a
consistent
28
written
policy
for
an
employee
who
in
the
scope
of
the
person’s
29
employment
responsibilities
examines,
attends,
counsels,
30
treats,
supervises,
or
has
direct
contact
with
a
child
to
31
report
suspected
child
abuse.
The
policy
shall
include
32
an
employee’s
reporting
responsibilities.
The
reporting
33
responsibilities
shall
designate
the
time,
circumstances,
and
34
method
for
reporting
suspected
child
abuse
to
the
accredited
35
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2035
private
institution’s
administration
and
reporting
to
law
1
enforcement.
Nothing
in
the
policy
shall
prohibit
an
employee
2
from
reporting
suspected
child
abuse
in
good
faith
to
law
3
enforcement.
4
Sec.
6.
Section
262.9,
Code
Supplement
2011,
is
amended
by
5
adding
the
following
new
subsection:
6
NEW
SUBSECTION
.
36.
Develop
and
implement
a
consistent
7
written
policy
for
an
employee
who
in
the
scope
of
the
person’s
8
employment
responsibilities
examines,
attends,
counsels,
9
treats,
supervises,
or
has
direct
contact
with
a
child
to
10
report
suspected
child
abuse.
The
policy
shall
include
11
an
employee’s
reporting
responsibilities.
The
reporting
12
responsibilities
shall
designate
the
time,
circumstances,
13
and
method
for
reporting
suspected
child
abuse
to
the
14
administration
of
the
institution
of
higher
learning
and
15
reporting
to
law
enforcement.
Nothing
in
the
policy
shall
16
prohibit
an
employee
from
reporting
suspected
child
abuse
in
17
good
faith
to
law
enforcement.
18
Sec.
7.
REPORT
ON
MANDATORY
REPORTER
TRAINING.
19
1.
The
abuse
education
review
panel
as
established
by
20
the
department
of
public
health
pursuant
to
section
135.11,
21
subsection
24,
shall
develop
a
plan
to
provide
more
frequent,
22
informative,
and
effective
training
for
mandatory
reporters.
23
2.
The
abuse
education
review
panel
shall,
by
December
24
1,
2012,
submit
a
report
of
its
plan
to
the
governor
and
the
25
general
assembly.
26
Sec.
8.
REQUEST
FOR
PROPOSALS.
27
1.
On
or
before
September
30,
2012,
the
department
of
28
human
services
shall
implement
a
request
for
proposals
process
29
to
enter
into
a
contract
with
a
not-for-profit
entity
for
30
the
purpose
of
providing
a
single
source
internet
site
for
31
providing
comprehensive,
recent,
and
relevant
information
32
regarding
child
sexual
abuse
to
all
Iowa
citizens.
33
2.
Prior
to
awarding
a
contract,
a
not-for-profit
entity
34
shall
demonstrate
the
following:
35
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a.
The
ability
and
resources
to
establish,
design,
1
and
maintain
an
internet
site
to
provide
all
Iowans
with
2
information
related
to
child
sexual
abuse.
3
b.
The
ability
to
collect
the
relevant
information
from
4
state
agencies
and
other
state
and
local
entities
and
integrate
5
the
information
into
a
single
source
internet
site.
6
3.
By
March
1,
2013,
the
department
of
human
services
shall
7
award
the
contract
pursuant
to
this
section.
8
EXPLANATION
9
This
bill
relates
to
abuse
of
children
by
prohibiting
10
retaliation
for
reporting,
providing
for
implementation
of
11
reporting
policies
at
postsecondary
institutions,
requiring
12
planning
for
training
requirements,
and
providing
for
the
13
distribution
of
information
on
child
sexual
abuse.
New
Code
14
section
232.73A
prohibits
an
employer
from
taking
retaliatory
15
action,
as
defined
in
the
bill,
against
an
employee
as
a
16
reprisal
for
the
employee’s
participation
in
good
faith
in
17
making
a
child
abuse
report,
photograph,
or
X
ray,
or
in
18
the
performance
of
a
medically
relevant
test,
or
aiding
and
19
assisting
in
an
assessment
of
a
child
abuse
report
pursuant
20
to
Code
section
232.71B.
The
retaliation
prohibition
does
21
not
apply
when
the
disclosure
of
information
is
prohibited
by
22
statute.
The
bill
provides
that
the
retaliation
prohibition
23
may
be
enforced
through
civil
action.
A
person
who
violates
24
the
retaliation
prohibition
is
liable
to
an
aggrieved
employee
25
and
if
the
person
commits,
is
committing,
or
proposes
to
commit
26
a
prohibited
retaliation,
an
injunction
may
be
granted.
The
27
bill
makes
conforming
amendments.
28
The
bill
requires
the
boards
of
directors
for
community
29
colleges,
accredited
private
institutions
of
higher
learning,
30
and
the
board
of
regents
for
institutions
of
higher
learning
31
to
develop
and
implement
a
consistent
written
policy
for
32
an
employee
who
has
direct
contact
with
a
child
to
report
33
suspected
child
abuse.
The
policy
must
include
an
employee’s
34
responsibilities,
including
the
time,
circumstances,
and
method
35
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for
reporting
suspected
child
abuse
to
the
postsecondary
1
institution’s
administration
and
law
enforcement.
The
2
bill
states
that
the
policy
shall
not
prohibit
an
employee
3
from
reporting
suspected
child
abuse
in
good
faith
to
law
4
enforcement.
5
The
bill
requires
the
abuse
education
review
panel
6
established
pursuant
to
Code
section
135.11
to
develop
a
plan
7
to
provide
more
frequent,
informative,
and
effective
training
8
for
mandatory
reporters.
The
bill
states
that
the
panel
shall
9
submit
the
report
to
the
governor
and
the
general
assembly
by
10
December
1,
2012.
11
The
bill
requires
the
department
of
human
services
to
12
implement
a
request
for
proposals
process
to
enter
into
a
13
contract
with
a
not-for-profit
entity
for
the
purpose
of
14
providing
a
single
source
internet
site
for
child
sexual
15
abuse
information.
A
not-for-profit
entity
shall
demonstrate
16
the
ability
and
resources
to
establish,
design,
and
maintain
17
an
internet
site
and
the
ability
to
collect
the
relevant
18
information
and
integrate
that
information
into
a
single
source
19
internet
site.
The
department
must
award
the
contract
by
March
20
1,
2013.
21
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