Text: HF00190 Text: HF00192 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.71, subsection 7, Code 1995, is 1 2 amended to read as follows: 1 3 7. The department, upon completion of its investigation, 1 4 shall make a preliminary report of its investigation as 1 5 required by subsection 2. A copy of this report shall be 1 6 transmitted to juvenile court within four regular working days 1 7 after the department initially receives the abuse report 1 8 unless the juvenile court grants an extension of time for good 1 9 cause shown. If the preliminary report is not a complete 1 10 report, a complete report shall be filed within ten working 1 11 days of the receipt of the abuse report, unless the juvenile 1 12 court grants an extension of time for good cause shown. The 1 13 department shall notify a subject of the report of the result 1 14 of the investigation, of the department's registry status 1 15 decision if child abuse is founded and the requirements for a 1 16 review hearing, of the subject's right to correct the 1 17 information pursuant to section 235A.19, and of the procedures 1 18 to correct the information. This notification of a subject of 1 19 a report shall be sent by restricted certified mail. The 1 20 juvenile court shall notify the registry of any action it 1 21 takes with respect to a suspected case of child abuse. 1 22 Sec. 2. Section 235A.13, Code 1995, is amended by adding 1 23 the following new subsections: 1 24 NEW SUBSECTION. 1A. "Child abuse registry council" or 1 25 "registry council" means the child abuse registry council 1 26 created in section 235A.14. 1 27 NEW SUBSECTION. 10. "Subject of a child abuse report" 1 28 means a person identified in section 235A.15, subsection 2, 1 29 paragraph "a". 1 30 Sec. 3. Section 235A.14, Code 1995, is amended by adding 1 31 the following new subsection: 1 32 NEW SUBSECTION. 7. a. The child abuse registry review 1 33 council is created as an independent council of state 1 34 government. The council may hear contested cases but shall 1 35 not adopt administrative rules. Administrative and support 2 1 services for the registry council shall be provided by the 2 2 department of inspections and appeals. 2 3 b. The council shall consist of three members appointed by 2 4 the governor and confirmed by the senate. Members shall be 2 5 knowledgeable concerning child abuse. A term shall be for a 2 6 three-year period and terms shall be staggered and begin and 2 7 end as provided in section 69.19. Sections 69.16 and 69.16A 2 8 apply to the membership of the council. A vacancy on the 2 9 council shall be filled for the unexpired period of the term. 2 10 Members shall be eligible for reimbursement of actual expenses 2 11 incurred in the performance of their official duties. The 2 12 council shall elect a chairperson and other officers as deemed 2 13 necessary by the council. The council may meet monthly, upon 2 14 the motion of a majority of its members, upon the request of 2 15 the director of human services, or upon the call of the 2 16 chairperson. 2 17 c. The council shall perform the following duties: 2 18 (1) Consider appeals from a subject of a child abuse 2 19 report in accordance with section 235A.19, subsection 1A. 2 20 (2) Consider appeals from a subject of a child abuse 2 21 report concerning the observation status of founded child 2 22 abuse information in the central registry in accordance with 2 23 section 235A.19, subsection 1B. 2 24 Sec. 4. Section 235A.15, subsection 2, paragraph e, sub- 2 25 paragraph (2), Code 1995, is amended to read as follows: 2 26 (2) To the registry council and registry or department 2 27 personnel when necessary to the performance of their official 2 28 duties or to a person or agency under contract with the 2 29 department to carry out official duties and functions of the 2 30 registry. 2 31 Sec. 5. Section 235A.18, subsection 1, Code 1995, is 2 32 amended to read as follows: 2 33 1.ChildExcept as otherwise provided in subsection 1A for 2 34 information regarding child abuse information which is in 2 35 observation status, child abuse information relating to a 3 1 particular case of suspected child abuse shall be sealed ten 3 2 years after the receipt of the initial report of such abuse by 3 3 the registry unless good cause be shown why the information 3 4 should remain open to authorized access. If a subsequent 3 5 report of a suspected case of child abuse involving the child 3 6 named in the initial report as the victim of abuse or a person 3 7 named in such report as having abused a child is received by 3 8 the registry within this ten-year period, the information 3 9 shall be sealed ten years after receipt of the subsequent 3 10 report unless good cause be shown why the information should 3 11 remain open to authorized access. The information shall be 3 12 expunged eight years after the date the information was 3 13 sealed. 3 14 Sec. 6. Section 235A.18, Code 1995, is amended by adding 3 15 the following new subsection: 3 16 NEW SUBSECTION. 1A. Child abuse information placed on ob- 3 17 servation status pursuant to section 235A.19 shall remain in 3 18 the registry open to authorized access for a period of two 3 19 years after receipt of the initial report of the abuse by the 3 20 registry. If no further report is received during the two- 3 21 year observation status period, the information shall be 3 22 expunged at the end of the two-year period. If a further 3 23 report is received regarding child abuse information in 3 24 observation status, the child abuse information shall be 3 25 removed from observation status and the time periods and other 3 26 requirements of subsection 1 regarding founded child abuse 3 27 information shall apply. 3 28 Sec. 7. Section 235A.19, Code 1995, is amended by adding 3 29 the following new subsections: 3 30 NEW SUBSECTION. 1A. a. The subject of a child abuse 3 31 report may file with the department within ten business days 3 32 of receiving the notification of the result of the 3 33 investigation pursuant to section 232.71, subsection 7, a 3 34 written statement to the effect that child abuse information 3 35 referring to the subject is in whole or part erroneous and 4 1 request correction of that information or of the findings of 4 2 the investigation report. If the department does not correct 4 3 the information or findings as requested, the child abuse 4 4 information concerning the subject shall not be placed in the 4 5 registry until the subject has a hearing before the child 4 6 abuse registry council. The purpose of the hearing is to 4 7 review the information and the department's findings 4 8 concerning the subject. The registry council and the subject 4 9 of the report shall make reasonable efforts to hold the 4 10 hearing within three months of the date the subject of the 4 11 report was notified. If the hearing is not held within the 4 12 three-month period, information about the subject shall be 4 13 placed in the child abuse registry on observation status until 4 14 the hearing is held. 4 15 b. In performing its review, the registry council may 4 16 consider any child abuse information concerning the report in 4 17 question, testimony or information submitted by a subject of a 4 18 child abuse report, and additional information submitted by 4 19 the department. In reviewing a finding, the registry council 4 20 shall use the criteria used by the department to initially 4 21 determine that child abuse was founded. The registry council 4 22 shall determine whether to correct the information or whether 4 23 the alleged child abuse is founded, undetermined, or 4 24 unfounded. A registry council decision to correct information 4 25 or to correct a determination shall replace the department's 4 26 decision regarding the information or determination of child 4 27 abuse. If child abuse information is determined to be founded 4 28 by the registry council, the registry council shall also 4 29 determine whether the information is placed on observation 4 30 status in accordance with subsection 1B. If a subject 4 31 disagrees with the registry council's decision or findings, 4 32 the department shall provide the subject with an opportunity 4 33 for an evidentiary hearing pursuant to chapter 17A to correct 4 34 the information or the findings. 4 35 NEW SUBSECTION. 1B. a. Upon receipt of disposition data 5 1 indicating that a child abuse report was determined to be 5 2 founded child abuse, the department shall determine whether 5 3 the child abuse information warrants evaluation for 5 4 observation status. Founded reports of child sexual abuse, 5 5 child abuse in which the department determines that the best 5 6 interest of a child named in a child abuse report requires 5 7 juvenile court action, and child abuse which has been referred 5 8 for district court action shall not be placed on observation 5 9 status. An evaluation shall consider the nature and serious- 5 10 ness of the founded child abuse, the time elapsed since the 5 11 commission of the founded child abuse, the circumstances under 5 12 which the founded child abuse was committed, the degree of 5 13 rehabilitation of the alleged perpetrator, the likelihood that 5 14 the alleged perpetrator will commit the founded child abuse 5 15 again, and the number of founded child abuses committed by the 5 16 alleged perpetrator. 5 17 b. If the evaluation indicates that the founded child 5 18 abuse was not serious and the perpetrator is unlikely to 5 19 commit further child abuse, the child abuse information shall 5 20 be placed in the central registry on observation status. 5 21 Notice of the department's decision concerning the registry 5 22 status shall be included in the notice of a child abuse 5 23 investigation sent to a subject of a child abuse report in 5 24 accordance with section 232.71. 5 25 c. The subject of a child abuse report who objects to the 5 26 department's initial decision concerning observation status 5 27 may appeal the decision to the department. The appeal must be 5 28 filed with the department within six months of receiving the 5 29 notification of the result of the investigation pursuant to 5 30 section 232.71, subsection 7. If the department does not 5 31 change its decision as requested, the subject shall be 5 32 provided a hearing with the child abuse registry council. 5 33 d. The purpose of the hearing is to either affirm or re- 5 34 verse the department's decision concerning placement or non- 5 35 placement status of the information. The registry council and 6 1 the subject of the report shall make reasonable efforts to 6 2 hold the hearing within three months of the date the subject 6 3 of the report was notified. If the hearing is not held within 6 4 the three-month period, information about the subject shall be 6 5 placed in the child abuse registry on observation status until 6 6 the hearing is held. 6 7 e. In making its decision, the registry council may con- 6 8 sider any child abuse information concerning the report in 6 9 question, testimony, or information submitted by a subject of 6 10 a child abuse report, and additional information submitted by 6 11 the department. The decision shall be based upon the criteria 6 12 listed in paragraph "a". The department shall comply with the 6 13 registry council's decision. If a subject disagrees with the 6 14 registry council's decision, the department shall provide the 6 15 subject with an opportunity for an evidentiary hearing pur- 6 16 suant to chapter 17A to affirm or reverse the registry 6 17 council's decision. 6 18 Sec. 8. Section 235A.19, subsections 2 and 3, Code 1995, 6 19 are amended to read as follows: 6 20 2. a. A subject of a child abuse report who does not file 6 21 a written statement under subsection 1A may file with the 6 22 department within six months of the date of the notice of the 6 23 results of an investigation required by section 232.71, 6 24 subsection 7, a written statement to the effect that child 6 25 abuse information referring to the subject is in whole or in 6 26 part erroneous, and may request a correction of that 6 27 information or of the findings of the investigation report. 6 28 The department shall provide the subject with an opportunity 6 29 for an evidentiary hearing pursuant to chapter 17A to correct 6 30 the information or the findings, unless the department 6 31 corrects the information or findings as requested. The 6 32 department shall delay the expungement of information which is 6 33 not determined to be founded until the conclusion of a 6 34 proceeding to correct the information or findings. The 6 35 department may defer the hearing until the conclusion of a 7 1 pending juvenile or district court case relating to the 7 2 information or findings. 7 3 b. The department shall not disclose any child abuse 7 4 information until the conclusion ofthean appeal under 7 5 subsection 1A or a proceeding to correct the information or 7 6 findings under this subsection, except as follows: 7 7 (1) As necessary for the proceeding itself. 7 8 (2) To the parties and attorneys involved in a judicial 7 9 proceeding. 7 10 (3) For the regulation of child care or child placement. 7 11 (4) Pursuant to court order. 7 12 (5) To the subject of an investigation or a report. 7 13 (6) For the care or treatment of a child named in a report 7 14 as a victim of abuse. 7 15 (7) To persons involved in an investigation of child 7 16 abuse. 7 17 3. The subject of a child abuse report may appeal the 7 18 decision resulting fromaan evidentiary hearing held pursuant 7 19 tosubsectionsubsections 1A, 1B, or 2 to the district court 7 20 of Polk county or to the district court of the district in 7 21 which the subject of the child abuse report resides. 7 22 Immediately upon appeal the court shall order the department 7 23 to file with the court a certified copy of the child abuse 7 24 information. Appeal shall be taken in accordance with chapter 7 25 17A. 7 26 Sec. 9. INITIAL APPOINTMENTS. The governor shall make the 7 27 initial appointments to the child abuse registry council 7 28 created in section 235A.14 as follows: one member to a term 7 29 of one year, one member to a term of two years, and one member 7 30 to a term of three years. 7 31 EXPLANATION 7 32 This bill creates a child abuse registry council in the 7 33 department of human services. 7 34 Section 232.71 is amended to require the department of 7 35 human services to notify a subject of a child abuse report of 8 1 investigation results by restricted certified mail. Section 8 2 618.15 defines restricted certified mail to indicate delivery 8 3 to addressee only, and for which the post office provides a 8 4 return receipt showing the date of delivery, the place of 8 5 delivery, and the person to whom delivered. 8 6 Section 235A.13 is amended to add new definitions to the 8 7 child abuse registry law. The new definitions refer to the 8 8 child abuse registry council and the current list of subjects 8 9 of a child abuse report. 8 10 Section 235A.14 is amended to create a three-member child 8 11 abuse registry council to review the department's child abuse 8 12 findings and registry decisions. The council is appointed by 8 13 the governor and confirmed by the senate. The council is an 8 14 independent council of state government with administrative 8 15 and support services to be provided by the department of 8 16 inspections and appeals. 8 17 Section 235A.15 is amended to provide the registry council 8 18 access to unfounded, undetermined, and founded child abuse 8 19 information. 8 20 Section 235A.18 is amended to create a new category for 8 21 founded child abuse information. The new category is termed 8 22 "observation status" and such information is maintained on the 8 23 registry for two years and then expunged. Information 8 24 concerning founded child abuse not placed on observation 8 25 status remains under current law which provides for 10 years 8 26 on the registry, then sealing for eight years, followed by 8 27 expungement. 8 28 Section 235A.19 is amended to add two new subsections. The 8 29 first, new subsection 1A, permits a subject of child abuse to 8 30 file a request for correction of child abuse information or 8 31 findings within 10 business days of receiving the report 8 32 notice. If the department does not correct the information or 8 33 findings, the subject is entitled to a review hearing with the 8 34 child abuse registry council. The child abuse information 8 35 concerning the subject is withheld from the registry pending 9 1 the hearing. The council may consider the record as well as 9 2 new information and testimony and issue a decision for 9 3 correction of information or findings. A subject who still 9 4 disagrees can have an administrative hearing. 9 5 New subsection 1B outlines criteria for the department to 9 6 confer observation status on founded child abuse information. 9 7 Founded child abuse information involving sexual abuse, or 9 8 juvenile or district court action, cannot be placed in 9 9 observation status. The criteria specified for deciding 9 10 whether founded child abuse is placed in observation status is 9 11 similar to criteria in current law for the department to 9 12 evaluate and authorize employment of a person with a criminal 9 13 or founded child abuse record. A subject of a child abuse 9 14 report who disagrees with the department's decision can appeal 9 15 to the child abuse registry council. A subject who disagrees 9 16 with the council's decision can have an administrative 9 17 hearing. 9 18 Section 235A.19, subsections 2 and 3, are amended to 9 19 conform with new subsections 1A and 1B. Current law providing 9 20 a process for a subject of a child abuse report to request 9 21 correction of child abuse information or findings within six 9 22 months of the notice of the initial report is amended to 9 23 permit this request if the person did not file the request 9 24 within 10 days of the notice provided by the bill. Current 9 25 law providing for a district court appeal of an administrative 9 26 hearing is amended to provide for appeal of administrative 9 27 hearings held following the child abuse registry council 9 28 decisions. 9 29 The bill includes a provision for staggering the terms of 9 30 the initial members of the child abuse registry council. 9 31 LSB 1413YH 76 9 32 jp/jw/5
Text: HF00190 Text: HF00192 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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