House
File
2563
-
Reprinted
HOUSE
FILE
2563
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
HF
2296)
(As
Amended
and
Passed
by
the
House
March
10,
2020
)
A
BILL
FOR
An
Act
creating
a
work
group
relating
to
child
fatality
1
protocol
and
alleged
child
abuse.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2563
Section
1.
DEPARTMENT
OF
HUMAN
SERVICES
——
CHILD
FATALITY
1
PROTOCOL
AND
ALLEGED
CHILD
ABUSE
WORK
GROUP.
2
1.
The
department
of
human
services
shall
convene
a
work
3
group
of
state
and
local
agencies
who
have
experience
and
4
expertise
in
cases
involving
child
fatalities
and
alleged
child
5
abuse.
The
work
group
shall
develop
a
protocol
for
responding
6
to
the
scene
of
the
death
of
a
child
that
constitutes
a
death
7
affecting
the
public
interest,
as
defined
in
section
331.802,
8
that
may
involve
alleged
child
abuse.
The
work
group
shall
9
consider
all
of
the
following
in
developing
a
protocol:
10
a.
All
involvement
with
the
family
of
the
child
shall
be
11
conducted
in
a
nonaccusatory
manner,
sensitive
to
the
grief
and
12
emotions
that
family
members
are
experiencing.
13
b.
Written
information
shall
be
provided
to
the
family
14
explaining
the
legal
requirements
for
an
investigation
15
involving
law
enforcement
and
the
medical
examiner
consistent
16
with
section
331.802,
as
well
as
possible
family
separation,
17
removal
of
the
family
from
the
home,
and
financial
18
responsibility
for
any
medical
services
ordered
by
the
19
department,
the
medical
examiner,
or
law
enforcement.
20
c.
The
department
shall
provide
an
advocate
to
assist
the
21
family
in
understanding
the
information
provided
to
the
family.
22
d.
A
family
shall
be
allowed
to
have
an
advocate
of
their
23
choosing
present
as
well
as
the
advocate
provided
by
the
24
department.
25
e.
Any
interview
by
law
enforcement
or
the
department
or
26
an
agent
of
the
department
of
a
minor
child
who
is
a
witness
27
to
a
child
death
shall
be
conducted
in
a
trauma-sensitive,
28
developmentally
appropriate
manner
which
aligns
with
nationally
29
recognized,
evidence-based
child
forensic
interview
protocols.
30
f.
If
a
minor
sibling,
or
any
other
minor
child
living
31
in
the
same
home
as
the
child
who
died,
is
removed
from
the
32
home
and
placed
in
the
care
of
a
temporary
caretaker,
at
the
33
request
of
law
enforcement
or
the
department
and
with
the
34
consent
of
the
parent,
the
temporary
caretaker
shall
sign
a
35
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statement
stating
that
the
temporary
caretaker
agrees
to
be
1
responsible
for
the
child
or
children.
The
statement
shall
2
include
any
special
instructions
necessary
for
the
care
of
3
the
child
or
children,
including
but
not
limited
to
feeding,
4
clothing,
medications,
activities,
and
emergency
medical
care.
5
If
the
child
or
children
are
transferred
to
the
care
of
another
6
temporary
caretaker,
the
new
temporary
caretaker
shall
sign
a
7
similar
statement
before
the
new
temporary
caretaker
assumes
8
responsibility
for
the
child.
9
g.
If
an
autopsy
of
the
deceased
child
indicates
that
10
the
cause
of
death
was
not
related
to
child
abuse
and
the
11
department
determines
that
the
household
is
safe
for
the
child
12
to
return
to
the
family,
the
home
shall
be
restored
to
the
13
family,
and
any
minor
children
in
the
temporary
care
of
a
14
caretaker
shall
be
returned
to
the
family.
15
2.
The
membership
of
the
work
group
shall
include
but
is
16
not
limited
to
all
of
the
following,
to
be
appointed
by
the
17
director
of
the
department
of
human
services:
18
a.
Members
of
law
enforcement,
including
local
law
19
enforcement,
the
sheriff’s
department,
and
the
department
of
20
public
safety.
21
b.
Members
from
child
protection
centers.
22
c.
A
family
member
of
an
individual
involved
in
child
abuse
23
investigations.
24
d.
A
county
attorney.
25
e.
A
representative
from
the
office
of
the
state
medical
26
examiner.
27
3.
The
department
shall
submit
its
findings
and
28
recommendations
in
a
final
report
to
the
general
assembly
by
29
November
15,
2020.
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