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Text: SF02398                           Text: SF02400
Text: SF02300 - SF02399                 Text: SF Index
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Senate File 2399

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  1  1    Section 1.  Section 232.71A, subsections 3, 5, 6, and 8,
  1  2 Code Supplement 1995, are amended to read as follows:
  1  3    3.  Upon receipt of a child abuse report in a pilot project
  1  4 area, the department shall notify the appropriate county
  1  5 attorney of the receipt of the report and shall perform an
  1  6 assessment.  The department shall commence the assessment
  1  7 within seventy-two twenty-four hours of the receipt of the
  1  8 report.  The primary purpose of the assessment shall be to
  1  9 protect the safety of the child named in the report.  The
  1 10 secondary purpose of the assessment shall be to engage the
  1 11 child's family in services to enhance family strengths and to
  1 12 address needs.
  1 13    5.  A child abuse assessment shall be completed in writing
  1 14 within twenty-one calendar twenty business days of the receipt
  1 15 of the report.  The assessment shall include a description of
  1 16 the child's condition, identification of the injury or risk to
  1 17 which the child was exposed, the circumstances which led to
  1 18 the injury or risk to the child, and the identity of any
  1 19 person alleged to be responsible for the injury or risk to the
  1 20 child.  In addition, the assessment shall identify the
  1 21 strengths and needs of the child, and of the child's parent,
  1 22 home, family, and community.  Upon completion of the
  1 23 assessment, the department shall consult with the child's
  1 24 family in offering services to the child and the child's
  1 25 family to address strengths and needs identified in the
  1 26 assessment.
  1 27    6.  The department shall provide the juvenile court and the
  1 28 county attorney with a written copy of any the written
  1 29 assessment which includes a recommendation for a juvenile or
  1 30 criminal court action or petition pertaining to the child
  1 31 abuse report.  The juvenile court and the county attorney
  1 32 shall notify the department of any action taken concerning an
  1 33 assessment provided by the department.
  1 34    8.  The department shall implement the pilot projects by
  1 35 January 15, 1996.  The department shall report to the governor
  2  1 and the general assembly concerning the pilot projects on or
  2  2 before February 29 December 16, 1996.  The report shall
  2  3 include a the following information:
  2  4    a.  A description of successes and problems encountered in
  2  5 implementing the pilot projects.
  2  6    b.  An analysis of the effect of the pilot projects on
  2  7 utilizing the child abuse registry for the tracking of a
  2  8 pattern of child abuse incidents.
  2  9    c.  The outcome changes for children in the pilot project
  2 10 areas where the assessment approach is utilized in response to
  2 11 an allegation of child abuse versus the investigation approach
  2 12 utilized in other areas of the state.
  2 13    d.  A copy of any report provided by a county attorney in a
  2 14 pilot project area, a copy of any report provided by the
  2 15 county attorney's association, and a copy of any report
  2 16 provided by the juvenile court in a pilot project area.
  2 17    PARAGRAPH DIVIDED.  It is the intent of the general
  2 18 assembly to implement consider implementing statewide an
  2 19 assessment-based approach to respond to child abuse reports
  2 20 commencing with the fiscal year beginning July 1, 1996
  2 21 February 10, 1997.
  2 22    Sec. 2.  Section 232.71A, subsection 4, Code Supplement
  2 23 1995, is amended by adding the following new paragraph:
  2 24    NEW PARAGRAPH.  h.  The department shall work with
  2 25 representatives of law enforcement at the local level to
  2 26 develop a protocol for joint investigative processes.
  2 27    Sec. 3.  Section 232.71A, subsection 7, paragraph a, Code
  2 28 Supplement 1995, is amended by adding the following new
  2 29 subparagraphs:
  2 30    NEW SUBPARAGRAPH.  (4)  The department determines the abuse
  2 31 meets the definition of child abuse under section 232.68,
  2 32 subsection 2, paragraph "c", and the alleged perpetrator of
  2 33 the abuse is age fourteen or older.  However, the juvenile
  2 34 court may order the removal from the central registry of the
  2 35 name of a perpetrator of abuse placed in the registry pursuant
  3  1 to this subparagraph who is age fourteen through seventeen
  3  2 upon a finding of good cause.  The name of a perpetrator who
  3  3 is less than age fourteen shall not be placed in the central
  3  4 registry pursuant to this subparagraph.
  3  5    NEW SUBPARAGRAPH.  (5)  The department determines the
  3  6 alleged perpetrator of the abuse will continue to pose a
  3  7 danger to the child who is the subject of the report of abuse
  3  8 or to another child with whom the alleged perpetrator may come
  3  9 into contact.
  3 10    Sec. 4.  Section 235A.15, subsection 2, paragraph e, Code
  3 11 Supplement 1995, is amended by adding the following new
  3 12 subparagraph:
  3 13    NEW SUBPARAGRAPH.  (15)  To a person who submits written
  3 14 authorization from an individual allowing the person access to
  3 15 information pursuant to this subsection on behalf of the
  3 16 individual in order to verify whether the individual is named
  3 17 in a founded child abuse report as having abused a child.
  3 18    Sec. 5.  Section 910A.16, subsection 4, Code 1995, is
  3 19 amended to read as follows:
  3 20    4.  To the greatest extent possible, a multidisciplinary
  3 21 team involving the county attorney, law enforcement personnel,
  3 22 community-based child advocacy organizations, and personnel of
  3 23 the department of human services shall be utilized in
  3 24 investigating and prosecuting cases involving a violation of
  3 25 chapter 709 or 726 or other crime committed upon a victim as
  3 26 defined in subsection 1.  A multidisciplinary team may also
  3 27 consult with or include juvenile court officers, medical and
  3 28 mental health professionals, court-appointed special
  3 29 advocates, guardians ad litem, and members of a
  3 30 multidisciplinary team created by the department of human
  3 31 services for child abuse investigations.  The department of
  3 32 justice may provide training and other assistance to support
  3 33 the activities of a multidisciplinary team referred to in this
  3 34 subsection.
  3 35    Sec. 6.  CHILD PROTECTION SYSTEM REVIEW.  The department of
  4  1 human services shall convene a group consisting of interested
  4  2 members of the general assembly, persons involved with child
  4  3 protection, and other interested persons to consult with
  4  4 national experts in child protection.  The group shall be
  4  5 convened during the 1996 legislative interim and may submit a
  4  6 report to the governor and the general assembly.
  4  7    Sec. 7.  EFFECTIVE DATE.  This Act, being deemed of
  4  8 immediate importance, takes effect upon enactment.  
  4  9 SF 2399
  4 10 jp/cc/26
     
Text: SF02398                           Text: SF02400
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index
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