Text: SF00207 Text: SF00209 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. IOWA CHILD DEATH REVIEW TEAM &endash; FINDINGS AND 1 2 PURPOSE. 1 3 1. The general assembly finds the following: 1 4 a. Protection of the health and welfare of the children of 1 5 this state is a goal of its people and the death of children 1 6 is an important public health concern that requires 1 7 legislative action. 1 8 b. Collecting accurate data on the cause and manner of 1 9 deaths will better enable the state to identify preventable 1 10 deaths, and thus help reduce the incidence of such deaths. 1 11 c. Multidisciplinary review of child deaths is a mechanism 1 12 to assist the state in developing a greater understanding of 1 13 the incidence and causes of child deaths and the methods for 1 14 prevention of such deaths. 1 15 2. The purpose of the child death review team is to aid in 1 16 the reduction of the incidence of serious injury and death to 1 17 children by accurately identifying the cause and manner of 1 18 death of children. 1 19 Sec. 2. NEW SECTION. 135.43 IOWA CHILD DEATH REVIEW TEAM 1 20 ESTABLISHED &endash; DUTIES. 1 21 1. An Iowa child death review team is established as an 1 22 independent agency of state government. The Iowa department 1 23 of public health shall provide staffing and administrative 1 24 support to the team. 1 25 2. The membership of the review team is subject to the 1 26 provisions of sections 69.16 and 69.16A, relating to political 1 27 affiliation and gender balance. Review team members who are 1 28 not designated by another appointing authority shall be 1 29 appointed by the director of public health in consultation 1 30 with the director of human services. Membership terms shall 1 31 be for three years. A membership vacancy shall be filled in 1 32 the same manner as the original appointment. The review team 1 33 shall elect a chairperson and other officers as deemed 1 34 necessary by the review team. The review team shall meet upon 1 35 the call of the chairperson, upon the request of a state 2 1 agency, or as determined by the review team. The members of 2 2 the team are eligible for reimbursement of actual and 2 3 necessary expenses incurred in the performance of their 2 4 official duties. 2 5 The review team shall include the following: 2 6 a. The state medical examiner or the state medical 2 7 examiner's designee. 2 8 b. A certified or licensed professional who is 2 9 knowledgeable concerning sudden infant death syndrome. 2 10 c. A pediatrician who is knowledgeable concerning deaths 2 11 of children. 2 12 d. A family practice physician who is knowledgeable 2 13 concerning deaths of children. 2 14 e. One mental health professional who is knowledgeable 2 15 concerning deaths of children. 2 16 f. One social worker who is knowledgeable concerning 2 17 deaths of children. 2 18 g. A certified or licensed professional who is 2 19 knowledgeable concerning domestic violence. 2 20 h. A professional who is knowledgeable concerning 2 21 substance abuse. 2 22 i. A local law enforcement official. 2 23 j. A county attorney. 2 24 k. An emergency room nurse who is knowledgeable concerning 2 25 the deaths of children. 2 26 l. A perinatal expert. 2 27 m. A representative of the health insurance industry. 2 28 n. One other appointed at large. 2 29 3. The review team shall perform the following duties: 2 30 a. Collect, review, and analyze child death certificates 2 31 and child death data, including patient records or other 2 32 pertinent confidential information concerning the deaths of 2 33 children age six or younger, and other information as the 2 34 review team deems appropriate for use in preparing an annual 2 35 report to the governor and the general assembly concerning the 3 1 causes and manner of child deaths. The report shall include 3 2 analysis of factual information obtained through review and 3 3 recommendations regarding prevention of child deaths. 3 4 b. Recommend to the governor and the general assembly 3 5 interventions to prevent deaths of children based on an 3 6 analysis of the cause and manner of such deaths. 3 7 c. Recommend to the agencies represented on the review 3 8 team changes which may prevent child deaths. 3 9 d. Maintain the confidentiality of any patient records or 3 10 other confidential information reviewed. 3 11 e. Develop protocols for and establish a committee to 3 12 review child abuse investigations which involve the death of a 3 13 child. 3 14 4. The following individuals shall designate a liaison to 3 15 assist the review team in fulfilling its responsibilities: 3 16 a. Director of public health. 3 17 b. Director of human services. 3 18 c. Commissioner of public safety. 3 19 d. Administrator of the division of vital records of the 3 20 Iowa department of public health. 3 21 e. Attorney general. 3 22 f. Director of transportation. 3 23 g. Director of the department of education. 3 24 5. The review team may establish subcommittees to which 3 25 the team may delegate some or all of the team's 3 26 responsibilities under subsection 3. 3 27 6. The Iowa department of public health and the department 3 28 of human services shall adopt rules providing for disclosure 3 29 of information which is confidential under chapter 22 or any 3 30 other provision of state law, to the review team for purposes 3 31 of performing its child death and child abuse review 3 32 responsibilities. 3 33 Sec. 3. Section 232.2, subsection 22, unnumbered paragraph 3 34 1, Code 1995, is amended to read as follows: 3 35 "Guardian ad litem" means a person appointed by the court 4 1 to represent the interests of a child in any judicial 4 2 proceeding to which the child is a party, and includes a court 4 3 appointed special advocate, except that a court appointed 4 4 special advocate shall not file motions or petitions pursuant 4 5 to section 232.54, subsections 1 and 4,andsection 232.103, 4 6 subsection 2, paragraph "c", and section 232.111. 4 7 Sec. 4. Section 232.71, subsection 1, Code 1995, is 4 8 amended to read as follows: 4 9 1. If a report is determined to constitute a child abuse 4 10 allegation, the department of human services shall promptly 4 11 commence an appropriate investigation. The primary purpose of 4 12 this investigation shall be the protection of the child named 4 13 in the report. The department, within five working days of 4 14 commencing the investigation, shall provide written 4 15 notification of the investigation to the child's parents. 4 16 However, if the department shows the court to the court's 4 17 satisfaction that notification is likely to endanger the child 4 18 or other persons, the court shall orally direct the department 4 19 to withhold notification. Within one working day of issuing 4 20 an oral directive, the court shall issue a written order 4 21 restraining the notification. The department shall not reveal 4 22 in the written notification to the parents or otherwise the 4 23 identity of the reporter of child abuse during an 4 24 investigation to a subject of a child abuse report listed in 4 25 section 235A.15, subsection 2, paragraph "a". If a report is 4 26 determined not to constitute a child abuse allegation, but a 4 27 criminal act harming a child is alleged, the department shall 4 28 immediately refer the matter to the appropriate law 4 29 enforcement agency. 4 30 Sec. 5. NEW SECTION. 232.71A CHILD ABUSE ASSESSMENT 4 31 PILOT PROJECTS. 4 32 1. The department shall develop an assessment-based 4 33 approach to respond to child abuse reports in accordance with 4 34 the provisions of this section. The assessment-based approach 4 35 shall be utilized on a pilot project basis in not more than 5 1 five areas of the state, each of which is at least the size of 5 2 a departmental county cluster, selected by the department. 5 3 The pilot projects shall be selected in a manner so the pilot 5 4 projects are in both rural and urban areas. 5 5 2. Notwithstanding the provisions of sections 232.70 and 5 6 232.71, in the pilot project areas, the department's 5 7 responsibilities in responding to a child abuse report shall 5 8 be in accordance with this section. 5 9 3. Upon receipt of a child abuse report in a pilot project 5 10 area, the department shall perform an assessment. The 5 11 department shall commence the assessment within seventy-two 5 12 hours of the receipt of the report. The primary purpose of 5 13 the assessment shall be to protect the safety of the child 5 14 named in the report. The secondary purpose of the assessment 5 15 shall be to engage the child's family in services to enhance 5 16 family strengths and to address needs. 5 17 4. An assessment is subject to the provisions of section 5 18 232.71 as though the department is performing an investigation 5 19 under that section for all of the following: 5 20 a. Notification of a child's parents in accordance with 5 21 section 232.71, subsection 1. 5 22 b. Interview of a person alleged to have committed the 5 23 child abuse in accordance with section 232.71, subsection 2, 5 24 paragraph "e". 5 25 c. Notification of a facility providing care to a child in 5 26 accordance with section 232.71, subsection 4. 5 27 d. Request for information from any person believed to 5 28 have knowledge of a child abuse case and referral of a child 5 29 to a physician in accordance with section 232.71, subsection 5 30 5. 5 31 e. Confidential access to a child in accordance with 5 32 section 232.71, subsection 6. 5 33 f. Requests for information from the department of public 5 34 safety in accordance with section 232.71, subsection 16. 5 35 g. Establishment and usage of a multidisciplinary team in 6 1 accordance with section 232.71, subsection 17. 6 2 5. A child abuse assessment shall be completed in writing 6 3 within twenty-one calendar days of the receipt of the report. 6 4 The assessment shall include a description of the child's 6 5 condition, identification of the injury or risk to which the 6 6 child was exposed, the circumstances which led to the injury 6 7 or risk to the child, and the identity of any person alleged 6 8 to be responsible for the injury or risk to the child. In 6 9 addition, the assessment shall identify the strengths and 6 10 needs of the child, and of the child's parent, home, family, 6 11 and community. Upon completion of the assessment, the 6 12 department shall consult with the child's family in offering 6 13 services to the child and the child's family to address 6 14 strengths and needs identified in the assessment. 6 15 6. The department shall provide the county attorney with a 6 16 written copy of any assessment which includes a recommendation 6 17 for a juvenile or criminal court action or petition. The 6 18 county attorney shall notify the department of any action 6 19 taken concerning an assessment provided by the department. 6 20 7. Notwithstanding contrary provisions of sections 235A.13 6 21 to 235A.23, the following requirements shall apply to child 6 22 abuse information in an assessment performed in accordance 6 23 with this section: 6 24 a. If the department determines the child suffered 6 25 significant injury or was placed in great risk of injury, the 6 26 name of the child and the alleged perpetrator of the child 6 27 abuse shall be placed in the central registry as a case of 6 28 founded child abuse. Any of the following shall be considered 6 29 to be an indicator that the child suffered significant injury 6 30 or was placed in great risk of injury: 6 31 (1) The case was referred for juvenile or criminal court 6 32 action as a result of the acts or omissions of the alleged 6 33 perpetrator. 6 34 (2) In the opinion of a health practitioner or mental 6 35 health professional, the injury to the child as a result of 7 1 the acts or omission of the alleged perpetrator required or 7 2 should have required medical or mental health treatment. 7 3 (3) The department determines in a subsequent assessment 7 4 that the child suffered significant injury or was placed in 7 5 great risk of injury due to the acts or omissions of the same 7 6 alleged perpetrator. 7 7 b. In any other case, the child abuse information in an 7 8 assessment shall not be placed in the central registry and 7 9 notwithstanding chapter 22, the confidentiality of the 7 10 information shall be maintained. 7 11 c. If information is placed in the central registry as a 7 12 case of founded child abuse, all of the provisions of sections 7 13 235A.13 to 235A.23 which apply to a case of founded child 7 14 abuse shall apply to a case of founded child abuse under this 7 15 section. 7 16 8. The department shall implement the pilot projects by 7 17 January 15, 1996. The department shall report to the governor 7 18 and the general assembly concerning the pilot projects on or 7 19 before February 29, 1996. The report shall include a 7 20 description of successes and problems encountered in 7 21 implementing the pilot projects. It is the intent of the 7 22 general assembly to implement statewide an assessment-based 7 23 approach to respond to child abuse reports commencing with the 7 24 fiscal year beginning July 1, 1996. 7 25 Sec. 6. Section 232.111, subsection 1, Code 1995, is 7 26 amended to read as follows: 7 27 1. A child's guardian, guardian ad litem, or custodian, 7 28 the department of human services, a juvenile court officer, or 7 29 the county attorney may file a petition for termination of the 7 30 parent-child relationship and parental rights with respect to 7 31 a child. 7 32 Sec. 7. MULTIDISCIPLINARY CHILD ABUSE INTERVENTION AND 7 33 PROSECUTION TEAMS. The attorney general is requested to form 7 34 a multidisciplinary committee to develop a proposal for the 7 35 establishment of regional multidisciplinary teams to focus 8 1 upon child abuse prosecution and intervention needs. The 8 2 attorney general is requested to submit a report of the 8 3 committee findings to the governor and the general assembly 8 4 prior to the 1996 legislative session. The committee should 8 5 consider other state statutory schemes for multidisciplinary 8 6 teams, provide options for regional groupings, review options 8 7 for special focus teams such as sexual abuse, and recommend 8 8 possible funding mechanisms. 8 9 Sec. 8. REPEAL. 1994 Iowa Acts, chapter 1130, sections 9 8 10 and 20, are repealed. 8 11 Sec. 9. DEPARTMENT OF HUMAN SERVICES PILOT PROJECTS. In 8 12 implementing the pilot projects for child abuse assessment 8 13 required under section 232.71A, as enacted by this Act, the 8 14 department may apply a special protocol for conducting an 8 15 assessment in response to a child abuse report to which all of 8 16 the following circumstances apply: 8 17 1. Three previous child abuse reports have been made 8 18 involving the same alleged perpetrator or a family member of 8 19 the alleged perpetrator. 8 20 2. The three previous reports were made within a period of 8 21 two years prior to the date of the latest report. 8 22 3. The assessments resulting from the previous three 8 23 reports did not identify any child protection concerns. 8 24 The special protocol may involve an abbreviated assessment 8 25 process, such as a telephone contact or other means, to 8 26 address the abuse allegation without subjecting the family of 8 27 the alleged perpetrator to repeated or extensive assessments 8 28 regarding abuse allegations which have no basis. 8 29 Sec. 10. EFFECTIVE DATE. Section 8 of this Act, providing 8 30 a repeal, being deemed of immediate importance, takes effect 8 31 upon enactment. 8 32 SF 208 8 33 jp/cc/26
Text: SF00207 Text: SF00209 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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