Iowa Senate Democrats

Fighting for a Better Deal for Iowans.

  • Enhancing communities through land banks

    By State Sen. Pam Jochum, Dubuque (Senate District 50)

    Iowa communities may soon have a new tool to spur affordable housing, local investment and economic growth.

    Bipartisan legislation (SF 2369) establishing “land banks” has passed the Senate Local Government Committee. Land banks are public-private partnerships to rehabilitate rundown, vacant and tax-delinquent properties for productive use.

    This has been a priority for many in Dubuque. I appreciate the local advocacy and all who have traveled to the Statehouse to speak up for land bank legislation.

    The Local Government Committee made great progress to ensure this program can improve housing in blighted areas. Members listened to the input of organizations like Habitat for Humanity, local governments, and legal and financial experts to make sure this initiative will work well for all concerned.

    Vacant and abandoned properties signal a community is in decline. They can be magnets for crime, pose health and safety risks, and lower property values throughout the neighborhood.

    For communities and local governments committed to redevelopment and reuse, SF 2369 addresses some of the challenges they’ve faced.

    Under the legislation, local governments can create a public agency to purchase abandoned or blighted properties at a special tax sale and contract with private organizations to rehabilitate the sites. The land bank may rent or sell the renovated properties, and the money they make will go back into the pot to continue buying and fixing up additional properties.

    Renovated properties may be sold as homes, rented as apartments, turned into restaurants, offices or stores—and much more. It’s great for the local economy because it takes problem properties and turns them into assets.

  • Better tracking of rape kits

    By State Sen. Rich Taylor, Mt Pleasant (Senate District 42)

    New tracking system will offer victims greater transparency and accountability

    Victims of sexual assault will have more complete and timely information about their cases under a bill that has passed the Senate Judiciary Committee.

    Under SF 2376, the Attorney General’s Crime Victim Assistance Division will develop an automated tracking system for sexual assault evidence kits. The system will allow victims, county attorneys and certain others to track the location and status of a kit.

    Here’s how the system works:

    The crime lab enters information on new, unused kits, and documents when a kit is sent to a health care provider. Within 48 hours of receiving a kit, the health care provider will log its receipt in the system. When victims of sexual assault consent to a forensic medical exam and to having the evidence preserved, the health care provider will contact law enforcement, who will collect and store the kit.

    The location of the kit will be updated each step of the way, including when a kit is sent to the lab for testing and when results are complete. Victims will have decision-making ability throughout the process.

    Iowa’s Victim Compensation Fund will pay for any health-care related costs for the exams and for the lab fee.

  • Limiting disruptions in the the classroom

    By State Sen. Zach Wahls, Coralville (Senate District 37)

    The Senate has approved SF 2360, which is a step toward fixing what has become an overwhelming concern for our schools.

    Classroom safety and disruptive classroom behavior received a lot of attention during the interim. There has been a lot of media attention on this topic, including the use of classroom measures like “seclusion rooms” and “classroom clears.” Fundamentally, issues of classroom safety are about resources and staffing levels—classrooms are much more difficult to manage as class sizes grow and we have fewer teachers per student.

    As I worked on this bill in the Education Committee, I asked all of the school districts in my Senate district to weigh in with their feedback. I am grateful they were able to provide input as the Senate considered this proposal.

    Responding to those concerns, the Iowa Senate adopted SF 2360, which will give teachers and schools more tools for addressing disruptive student behavior. This legislation is not perfect, but because of good Democratic work in the Education Committee, on which I serve, it has improved significantly from where it started.

    The legislation does the following:

    • Sets up a competitive grant program that will help schools create therapeutic classrooms to provide intensive help for students who need it. Therapeutic classrooms are designed to be short-term breaks for students to “reset” and develop new coping strategies before returning to their regular classroom. Schools may collaborate or partner with local nonprofits and mental health agencies to establish a regional therapeutic classroom.
    • Provides funding to train educators on how to manage classroom disruptions and address student behavior. 
    • Increases job and whistleblower protections for teachers who report violence and personal attacks to school administrators and the police.

    New information and data will be collected from schools so that we can see how often incidents of disruption and classroom clears occur. This will help us continue to make improvements that ensure safe and productive learning environments for all Iowa students.   

    I still have significant concerns about this legislation, especially how little funding was appropriate to deal with what is rightly recognized as a significant statewide challenge. I supported doubling the funding for the first year of implementation. Republicans in the Senate voted against this proposal even though the bill’s manager agreed that more funding was need. That doesn’t make sense.

    I supported this bill, but I’m disappointed in the decisions the majority party continues to make with the resources people give us to improve this state. We must make sure that this first step is only the beginning and not the end.

  • Child protections cannot wait

    If we want to protect Iowa kids from abuse, neglect and potential death, it’s time to provide adequate funding for the Iowa Department of Human Services (DHS). That is the #1 takeaway from a heartbreaking report released by the State Ombudsman this week.

    It’s clear many mistakes were made in how DHS handled child-abuse reports about Natalie Finn, a West Des Moines teen who died in October 2016 following years of abuse and neglect.

    In “A Tragedy of Errors: An Investigation of the Death of Natalie Finn,” the Ombudsman makes several recommendations—some of which DHS has already implemented—including:

    • Thoroughly review DHS’s child-abuse intake operations.
    • Keep records of child-abuse reports and assessments for longer periods so that patterns can be identified.
    • Require intake workers to read their notes back to callers reporting abuse over the phone to ensure accuracy.
    • Train field workers on legal tools available to them when faced with resistance from parents.
    • Provide resources to help child-abuse workers cope with their job-related stresses.

    Increasing funding is a must if we’re going to give these workers the support, resources and numbers they need in the critical task of protecting our most vulnerable children. The number of child-abuse intake workers at DHS has not increased since 2011, but reports of abuse have.

    The death of Natalie and other children in our foster system has prompted many Iowans to be more vigilant. According to the Ombudsman’s report, child-abuse call volumes and accepted intakes have increased significantly. Already over-taxed field workers saw their caseloads go up 36 percent between 2016 and 2018, and the centralized child-abuse intake unit is strained.

    As we begin hammering out the state budget, we will be fighting for these workers and kids. Ensuring protections for vulnerable Iowans will always be a top priority.

  • Healthy Moms and Babies Act will address growing maternal health concerns

    Iowa Senate News Release

    For Immediate Release: Feb. 19, 2020

    DES MOINES – Senate Democrats have proposed legislation to address the growing maternal health crisis in Iowa.

    “Iowa is facing a maternal health crisis that we simply cannot ignore,” says Senator Janet Petersen, the Senate Democratic Leader. “Iowa’s maternal mortality rate has more than doubled in the past three years, hospital labor and delivery departments are shuttering at record speed, and 66 Iowa counties no longer have a single OB/GYN practicing in their county.”

    The scope of the problem includes:

    • Iowa has lost 37 labor and delivery departments.
      MAP OF OB UNITS | LIST OF CLOSURES
    • Iowa has the lowest number of obstetricians per capita in the country. Two-thirds of rural Level 1 hospitals have no obstetrician on staff.
    • Compared to other states, Iowa has a high rate of cesarean births, an indicator of potential health problems for mother and child.

    “Iowa taxpayers pay for more than 40% all births in our state through Medicaid,” Petersen said. “Governor Reynolds has put a system in place that allows out-of-state companies to make a profit off of labor and delivery services while our rural hospitals are financially penalized for providing care. Iowa’s privatized Medicaid doesn’t cover the full cost of delivering babies, which hurts rural and urban hospitals.” 

    The Healthy Moms and Babies Act (SF 2062), co-sponsored by 18 members of the Iowa Senate, will address the maternal health care crisis by:

    • Adjusting Medicaid rates so that hospitals are adequately reimbursed for the care they provide.
    • Ensuring labor and delivery units use proven practices—known as “safety bundles”—that save lives during delivery.
    • Expanding home visiting services for pregnant women, new moms and babies.

    – end –

    Summary of SF 2062: “Healthy Moms and Babies Act”

    Background

    Maternal health in Iowa is experiencing a crisis.

    Maternal death rates are higher in the U.S. than in any other developed nation, and they are rising.  In Iowa, maternal mortality has more than doubled in three years.

    In addition, moms-to-be are now sicker than in the past, with increasing maternal age, higher levels of obesity and related health complications, and societal problems such as substance abuse and mental health, all playing a role.

    To compound these problems, access to care is diminishing and the provider workforce is shrinking. Iowa has seen 37 labor and delivery units in critical access hospitals close since the year 2000, and Iowa has the lowest number of obstetricians per capita in the country, according to the American College of Obstetricians and Gynecologists.

    • 64% of rural Level 1 hospitals have no obstetrician on staff
    • Iowa ranks 50th out of 50 in the number of OB/GYNs per capita
    • Iowa has a high rate of cesarean births which can lead to future health problems

    As of October 2019, 37 of Iowa’s 118 community hospitals have closed their birthing units since 2000, according to the Iowa Department of Public Health. There were two closures in 2019, down from eight closures in 2018 — the most in a single year. Since then, Mount Pleasant, New Hampton and Muscatine have announced closures.  Most of those closures have happened at smaller facilities. Hospitals are not reimbursed for the cost of the standard of care for labor and delivery so they lose money on every birth.

    About 40% of births in Iowa are Medicaid so making improvements to maternal care in the Medicaid program is key to improving maternal health and birth outcomes in Iowa. Privatized Medicaid doesn’t cover the costs for delivering babies in Iowa when health care providers follow the standard of care.

    Division I:  Medicaid Maternal and Child Health Improvements

    DHS is directed to adopt rules under both fee-for-service and managed care Medicaid, amend any managed care contracts, and apply for any Medicaid plan amendments or waivers necessary to improve care for moms and babies in all the following ways:

    1. Provide reimbursement in an amount that appropriately covers the entire standard of care costs for labor and delivery;
    2. Provide the same reimbursement for maternal-fetal medicine services and comprehensive maternity care when provided in person or via telehealth (covering both facility and professional fees);
    3. Allow continuous Medicaid eligibility for a woman for a 12-month postpartum period (compared to 60 days currently);
    4. Provide comprehensive maternity care which includes the basic number of prenatal and postpartum visits recommended by ACOG (American College of Obstetricians and Gynecologists), any additional prenatal or postpartum visits that are medically necessary, necessary laboratory, nutritional assessment and counseling, health education, personal counseling, managed care, outreach and follow-up services, and treatment of conditions which may complicate pregnancy;
    5. Provide reimbursement for doula care;
    6. Reimbursement for breastfeeding supports, counseling, and supplies including the standard cost of breast pumps and electronic breast pumps;
    7. Reimbursement for transportation to all prenatal and postpartum care appointments; and
    8. Reimbursement for all postpartum care products such as breast pads, period pads, comfort products, pain relievers, and other similar products.

    Division II:  Maternal Best Practices/Safety Bundles and Hospital Requirements

    Licensed hospitals that provide labor and delivery services shall be required to do the following:

    1. Adopt and implement the current best practices or safety bundles recommended by ACOG and the Alliance for Innovation on Maternal Health; details here https://www.medpagetoday.com/obgyn/pregnancy/74631

    These maternal safety bundles include action measures for:

    • Obstetrical Hemorrhage
    • Severe Hypertension/Preeclampsia
    • Prevention of Venous Thromboembolism
    • Reduction of Low Risk Primary Cesarean Births/Support for Intended Vaginal Birth
    • Reduction of Peripartum Racial Disparities
    • Postpartum care access and standards
    1. Provide information to the public, including but not limited to maternity and neonatal level of care status and the meaning of that status;
    2. Provide cesarean birth statistics;
    3. Provide statistics on the number of vaginal births after cesarean (VBAC) and vaginal births after two cesareans (VBA2C);
    4. Provide rate of exclusive breastfeeding upon discharge;
    5. Provide all moms and babies receiving labor and delivery services with information and assistance in applying for services and health care coverage including but not limited to Medicaid; AEA agencies; WIC; and home visiting programs; prior to discharge from the hospital; and
    6. Have a comprehensive labor and delivery unit closure plan in place that includes a plan for future births and pregnancies and the capacity of other providers to absorb the services in case of unit closure.

    Division III:  Expanded Home Visiting Services

    DHS is directed to seek federal approval for any state plan amendment or waiver necessary in order to collaborate with the Department of Public Health and the Department of Education to expand maternal and infant home visiting services under Medicaid that:

    • promote healthy pregnancies;
    • positive birth outcomes; and
    • healthy infant growth and development.

    The departments shall design a home visiting approach that maximizes coordination and blending of programs and funding, reduces duplication of efforts and ensures that the services provided meet federal evidence-based criteria. Home visiting should start prenatally and include mental health services.

  • Report investigates death of Natalie Finn

    Another tragedy like the death of teenager Natalie Finn could happen unless Iowa’s child-protection workers are given the resources and support they need, the State Ombudsman announced today in a report on how the Iowa Department of Human Services handled child-abuse reports.

    The 16-year-old girl was emaciated when emergency responders were called to her adoptive family’s West Des Moines home in October 2016. She died a few hours later at a local hospital.

    Let’s ensure no child suffers like this again!

    Read the news release from the Ombudsman’s Office.

    Read the Ombudsman’s report, “A Tragedy of Errors: An Investigation of the Death of Natalie Finn“

  • Fix Iowa’s “worst in the nation” child sex abuse laws

    Professor Marci Hamilton, CEO of CHILD USA, spoke at the Iowa Statehouse on January 27, 2020.  In her presentation, she described why Iowa ranks among the worst states in the nation when it comes to laws that protect children from child abuse.  

    She described how Iowa’s comparatively very narrow statute of limitations for criminal and civil child sexual abuse protects the criminals rather than the victims.  The end result is that Iowa child sexual abusers and Iowa institutions that look the other way are LESS LIKELY to be exposed and stopped.

    More information about CHILD USA can be found at childusa.org

  • Child abuse expert to speak with legislators

    Monday, January 27
    11:30 AM – Room 116, Iowa Statehouse

    Senate Democratic Leader Janet Petersen has arranged a briefing for Iowa Legislators and Legislative staff by Marci Hamilton, the CEO of CHILD USA, the country’s leading think tank working to end child abuse and neglect.  Iowa can do more to protect Iowa children from abuse and exploitation.  Professor Hamilton will outline how Iowa can dramatically improve protections for children.

    CHILD USA engages in high-level legal, social science, and medical research and analysis to derive the best public policies to end child abuse and neglect. CHILD USA produces evidence-based solutions and information needed by policymakers, organizations, media, and society as a whole to increase child protection and the common good. 

    Prof. Marci Hamilton, CEO of CHILD USA

    MARCI A. HAMILTON is the Robert A. Fox Leadership Program Professor of Practice, and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion at the University of Pennsylvania. She is also the founder, CEO, and Academic Director of CHILD USA, www.childusa.org, a 501(c)(3) nonprofit academic think tank at the University of Pennsylvania dedicated to interdisciplinary, evidence-based research to prevent child abuse and neglect. Before moving to the University of Pennsylvania, Professor Hamilton was the Paul R. Verkuil Chair in Public Law at Benjamin N. Cardozo School of Law, Yeshiva University.

    Hamilton is the leading expert on child sex abuse statutes of limitations and has submitted testimony and advised legislators in every state where significant reform has occurred. She is the author of Justice Denied: What America Must Do to Protect Its Children(Cambridge University Press), which advocates for the elimination of child sex abuse statutes of limitations. She has filed countless pro bono amicus briefs for the protection of children at the United States Supreme Court and the state supreme courts. Her textbook, Children and the Law, co-authored with Martin Gardner, will be published Fall 2017 by Carolina Academic Press, formerly Lexis/Nexis.

    Hamilton has been a vocal and influential critic of extreme religious liberty, advocating for the vulnerable about overreaching.  Hamilton successfully challenged the constitutionality of the Religious Freedom Restoration Act (“RFRA”) at the Supreme Court in Boerne v. Flores(1997), and defeated the RFRA claim brought by the Archdiocese of Milwaukee against hundreds of child sex abuse survivors in Committee of Unsecured Creditors v. Listecki(7thCir. 2015).  She has represented numerous cities dealing with church-state issues as well as claims brought under the Religious Land Use and Institutionalized Persons Act (“RLUIPA). The author of God vs. the Gavel: The Perils of Extreme Religious Liberty(Cambridge University Press), which was nominated for a Pulitzer Prize, she is also a columnist for Verdict on Justia.com.  

    Hamilton has been honored with the 2018 Pennsylvania State University Department of Philosophy Distinguished Alumni Award, the 2017 University of Pennsylvania Law School Louis H. Pollak Public Service Award, the 2016 Voice Today, Voice of Gratitude Award; the 2015 Religious Liberty Award, American Humanist Association; the 2014 Freethought Heroine Award; the National Crime Victim Bar Association’s Frank Carrington Champion of Civil Justice Award, 2012; the E. Nathaniel Gates Award for outstanding public advocacy and scholarship, 2008; and selected as a Pennsylvania Woman of the Year Award, 2012, among others. She is also frequently quoted in the national media on child abuse and neglect, statute of limitations, constitutional, RFRA, RLUIPA, and First Amendment issues.

    Hamilton clerked for United States Supreme Court Justice Sandra Day O’Connor and Judge Edward R. Becker of the United States Court of Appeals for the Third Circuit. Professor Hamilton is a graduate of Vanderbilt University, B.A., summa cum laude; Pennsylvania State University, M.A. (English, fiction writing, High Honors); M.A. (Philosophy); and the University of Pennsylvania School of Law, J.D., magna cum laude, where she served as Editor-in-Chief of the University of PennsylvaniaLaw Review. She is a member of Phi Beta Kappa and Order of the Coif. 

    end

  • Iowa courts innovate to improve lives

    Iowa’s court system continues to pursue innovative approaches that provide effective and timely justice to Iowans.

    Many of these initiatives got their start under the leadership of former Iowa Supreme Court Chief Justice Mark Cady, who died unexpectedly in November.

    Acting Chief Justice David Wiggins highlighted these accomplishments and paid tribute to Cady, when he addressed legislators in his Condition of the Judiciary presentation Wednesday. Iowa’s court system became one of the most respected in the country under Cady.  

    Iowa has developed specialized courts to address the specific needs of Iowans and their communities. These problem-solving courts include drug courts, mental health courts and veterans’ courts. Judges, treatment professionals, lawyers and service agencies form treatment teams to help Iowans address their underlying problems. Instead of going to prison, most problem-solving court graduates leave with a job, a support system and a better chance to succeed in life.

    Family treatment courts keep drug-affected families together by helping parents understand how their substance abuse issues impact their parenting. A Fast Track probation violation program in Waterloo provides swift sanctions to simple misdemeanor probation violators. This gives them consistent, timely consequences so that they can return to their families and jobs, while avoiding unnecessary jail time.

    Iowa even has business courts, which handle complex civil business cases. For example, the Judicial Branch, with the help of the Drake Law School Agricultural Law Center, reaches out to farmers to share how disputes can be better resolved with the help of business courts designed to meet their needs. 

    A recent $500,000 grant from the Department of Justice will allow Iowa to continue improving its specialty courts. Along with adequate budget support from the Legislature, our courts can expand proven justice and corrections efforts throughout the state.

  • Statement on new Human Services chief

    Iowa Senate News Release
    For Immediate Release:  9/5/19

    Statement from Senate Democratic Leader Janet Petersen on appointment of Kelly Kennedy Garcia to Iowa DHS Director

    Iowans need a leader at the Department of Human Services who will stand up for people instead of for-profit companies.

    Apparently Governor Reynolds shared her ‘ambitious goals’ for serving Iowa’s most vulnerable populations with newly appointed director Kelly Kennedy Garcia.

    It is time for Governor Reynolds to also share those goals with Iowans.  The Reynolds Administration has been working behind closed doors on a ‘new direction’ for the department for nearly a year.  Yet Governor Reynolds has continued to keep Iowans in the dark about what to expect.

    Like most Iowans, Senate Democrats are hopeful the new Iowa DHS director will have the courage to help Governor Reynolds fundamentally change course. Her to-do list should start with:

    1)    Fixing Iowa’s privatized Medicaid system, a failure that is unsustainable, unaffordable and unaccountable.

    2)    Reversing the policies that destroyed Iowa’s once successful family planning network.  The result has been more unintended pregnancies, more risky births, and more teenage mothers.

    3)     Addressing Iowa’s maternal health crisis which has more than doubled maternal mortality in less than three years.  Reynolds Administration policies have contributed to making Iowa a more dangerous place to have a baby.

    4)    Establishing a comprehensive, adequate source of funding for child and adult mental health services.

    5)    Ending dangerous practices and procedures in use at Glenwood, Eldora and other state-operated facilities.

    6)    Rebuilding Iowa’s child protective safety net by mending the holes that have resulted in abuse and death.

    The Reynolds Administration does not have a good record on helping Iowa families. Senate Democrats hope the Garcia appointment signals real change rather than more failure.  Iowans deserve better.

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