HF 98 (LSB 1112YH (4) 86)

HOUSE FILE 98

BY  WESSEL-KROESCHELL and DAWSON

A BILL FOR

An Act relating to notice requirements for child abuse investigations by the department of human services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.71B, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  Notice of rights.
   a.  (1)  Upon commencing an assessment, the department, at the time of an initial face-to-face contact with the person responsible for the care of the child, shall provide that person with written notice of all of the following: 
   (a)  The person responsible for the care of the child is not required to permit the child protection worker to enter the residence of the person responsible for the care of the child. However, if permission is refused, the juvenile court or district court may authorize the child protection worker to enter the home to interview or observe the child upon a showing of probable cause.
   (b)  The person responsible for the care of the child is not required to speak with the child protection worker.
   (c)  The person responsible for the care of the child is entitled to seek the representation of an attorney and to have an attorney present when the person responsible for the care of the child is questioned by the child protection worker. 
   (d)  Any statement made by the person responsible for the care of the child or other family member may be used against the person responsible for the care of the child in an administrative or court proceeding.
   (e)  The child protection worker is not an attorney and cannot provide legal advice to the person responsible for the care of the child.
   (f)  The person responsible for the care of the child is not required to sign any document presented by the child protection worker including but not limited to a release of claims or a service agreement, and is entitled to have an attorney review such document before agreeing to sign the document. 
   (g)  A failure of the person responsible for the care of the child to communicate with the child protection worker may have serious consequences, which may include the department’s filing of a petition for the removal of the child from the home of the person responsible for the care of the child, and it is in the best interest of the person responsible for the care of the child to speak with the child protection worker or immediately seek the advice of a qualified attorney.
   (2)  The child protection worker shall request the person responsible for the care of the child to sign and date the notice described in subparagraph (1) as evidence of having received the notice. If the person responsible for the care of the child refuses to sign and date the notice upon such request, the child protection worker shall specifically indicate on the notice that the person responsible for the care of the child was requested to sign and date the notice and refused to do so and the child protection worker shall sign the notice as witness to the refusal by the person responsible for the care of the child to sign the notice. The department shall provide the person responsible for the care of the child with a copy of the signed notice at the time of the department’s initial face-to-face contact with the person responsible for the care of the child.
   b.  Notwithstanding paragraph “a”, if an initial contact with the person responsible for the care of the child occurs telephonically, the department shall orally provide that person with notice of that person’s rights as described in paragraph “a”, subparagraph (1), subparagraph divisions (a) through (g). If the department has provided oral notice pursuant to this paragraph, the department shall also provide written notice as described in paragraph “a” upon the department’s initial face-to-face contact with the person responsible for the care of the child.
   c.  The department shall make reasonable efforts to ensure that the notice provided to a person responsible for the care of the child pursuant to this section is provided in a manner that will be understood by the person responsible for the care of the child. For purposes of this paragraph, “reasonable efforts” includes but is not limited to ensuring that the notice is provided in language understood by the person responsible for the care of the child.
   d.  Any statement made by the person responsible for the care of the child, or by a child who is a member of the person’s family or household to the child protection worker prior to the provision of notice as described in paragraph “a”, or any statement made by the person responsible for the care of the child prior to the provision of notice as described in paragraph “b”, shall be deemed inadmissible in any administrative or court proceeding.
   e.  For purposes of this subsection only, “person responsible for the care of the child” means a person responsible for the care of the child as described in section 232.68, subsection 8, paragraphs “a” and “b”.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill adds a notice of rights requirement to department of human services (DHS) child abuse investigations. The bill requires a DHS child protection worker to provide written notice to a person responsible for the care of the child when DHS conducts an initial face-to-face contact with that person. “Person responsible for the care of the child” is defined as a parent, guardian, foster parent, or relative or any other person with whom the child resides and who assumes care or supervision of the child.
   The bill also requires DHS to provide oral notice to a person responsible for the care of the child when DHS conducts an initial contact telephonically. If a DHS child protection worker has face-to-face contact with the person responsible for the care of the child after an initial telephone contact, the DHS worker must provide written notice at the first initial face-to-face contact as well.
   The notice must provide that the person responsible for the care of the child is not required to allow the DHS child protection worker into the residence, is not required to speak to the DHS child protection worker, is entitled to seek representation of an attorney, and is not required to sign any document presented by the DHS child protection worker. The notice must also provide that any statement made by the person responsible for the care of the child or other family member may be used against the person, that the DHS child protection worker is not an attorney and cannot provide legal advice, and that the person’s failure to communicate with the child protection worker may have serious consequences.
   The bill requires DHS to make reasonable efforts to provide the notice in a manner which the person responsible for the care of the child can understand. The written notice for face-to-face contacts must be signed and dated.
   The bill provides that any statement made by the person responsible for the care of the child, or by a child who is a family member of that person, is inadmissible in any administrative or court proceeding prior to the provision of the written notice. Additionally, any statement made by the person responsible for the care of the child is inadmissible in any administrative or court proceeding prior to provision of oral notice when an initial contact was conducted telephonically.