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PAG LIN 1 1 Section 1. Section 232.116, subsection 1, paragraph h, 1 2 Code 1995, is amended to read as follows: 1 3 h. The court finds thatbothall of the following have 1 4 occurred: 1 5 (1) The child meets the definition of child in need of 1 6 assistance based on a finding of physical or sexual abuse or 1 7 neglect as a result of the acts or omissions of one or both 1 8 parents. 1 9 (2) There is clear and convincing evidence that the abuse 1 10 or neglect posed a significant risk to the life of the child. 1 11(2)(3) There is clear and convincing evidence that the 1 12circumstances surrounding the abuse or neglect of the child,1 13despite theoffer or receipt of services, constitutes imminent1 14danger to the childwould not correct the conditions which led 1 15 to the abuse or neglect of the child within a reasonable 1 16 period of time. 1 17 Sec. 2. Section 235A.15, subsection 2, paragraph e, 1 18 subparagraph (4), Code 1995, is amended to read as follows: 1 19 (4) To a legally constituted child protection agency of 1 20 another state which is investigating or treating a child named 1 21 in a report as having been abused ortowhich is investigating 1 22 or treating a person named as having abused a child. 1 23 (4A) To a public or licensed child placing agency of 1 24 another state responsible for an adoptive or foster care 1 25 preplacement or placement evaluation. 1 26 Sec. 3. Section 235A.15, subsection 2, paragraph e, 1 27 subparagraph (9), Code 1995, is amended to read as follows: 1 28 (9) To a legally constituted child protection agency in 1 29 another state if the agency is conducting a records check of a 1 30 person who is providing care or has applied to provide care to 1 31 a child in the other state. 1 32 EXPLANATION 1 33 This bill relates to abuse provisions, including an 1 34 amendment to one of the standards for termination of parental 1 35 rights involving abuse or neglect of a child by the child's 2 1 parent and an amendment to provisions involving access to 2 2 child abuse information by other states. 2 3 The bill amends a standard for termination of parental 2 4 rights in section 232.116. Under this current standard, the 2 5 court must find that the child is a child in need of 2 6 assistance due to physical or sexual abuse or neglect as a 2 7 result of the acts or omissions of one or both of the child's 2 8 parents. Current law requires the court to also find that 2 9 despite the receipt of services, the circumstances surrounding 2 10 the abuse constitute an imminent danger to the child. The 2 11 bill would change the required findings to provide that either 2 12 the receipt or offer of services would not correct the 2 13 conditions which led to the abuse or neglect within a 2 14 reasonable period of time. In addition, under the bill, the 2 15 court must find that the abuse or neglect constitutes a 2 16 significant risk to the life of the child, rather than the 2 17 current requirement that the circumstances constitute an 2 18 imminent danger to the child. 2 19 Section 235A.15, relating to access to child abuse 2 20 information, is amended. The first amendment relates to child 2 21 protection agencies and child placing agencies in other 2 22 states. The child protection agencies which are investigating 2 23 or treating a person named as having abused a child are now 2 24 allowed access. In addition, access is provided to public or 2 25 licensed child placing agencies for foster care evaluations 2 26 and placements and adoptive or foster care preplacement 2 27 evaluations. 2 28 BACKGROUND STATEMENT 2 29 SUBMITTED BY THE AGENCY 2 30 The amendment to section 232.116 revises a criteria for 2 31 termination of parental rights (TPR) when services are not 2 32 appropriate. The revised language explicitly states that TPR 2 33 can be pursued in some situations when there is a significant 2 34 risk to the life of a child even though services to alleviate 2 35 the problem have not been offered or received. A court of 3 1 appeals decision (In the interest of H.R.T. and J.E.W., Minor 3 2 Children, 4-7-93) determined this section of the Code excludes 3 3 situations where services are not offered or provided. The 3 4 county attorney's association proposed this version of the 3 5 bill during the 1994 session as Senate File 2083. The amend- 3 6 ment is not expected to have a fiscal impact. 3 7 Iowa Code section 235A.15, subsection 2, paragraph "e", 3 8 subparagraph (4), provides for release of identified child 3 9 abuse information "to a legally constituted child protection 3 10 agency of another state which is investigating or treating a 3 11 child named in a report as having been abused or to a public 3 12 or licensed child placing agency of another state responsible 3 13 for an adoptive placement". Subparagraph (9) provides for 3 14 release "to a legally constituted child protection agency in 3 15 another state if the agency is conducting a records check of a 3 16 person who is providing care to a child in the other state". 3 17 The statute allows for release of information regarding 3 18 child victims, or persons providing care to a child, but does 3 19 not specifically allow for release concerning alleged 3 20 perpetrators of child abuse. Often this information is 3 21 included in the information sent to the other state (for 3 22 example, when a complete child abuse report is sent), but the 3 23 Code language is vague as to the legality of this practice. 3 24 Information regarding both child victim and perpetrator is 3 25 relevant to pursuit of a quality investigation, records check, 3 26 or evaluation regarding a family or individual who has moved 3 27 from Iowa to another state. 3 28 LSB 1293DP 76 3 29 jp/cf/24
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