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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. 144D.1 IOWA CHILD DEATH REVIEW TEAM 1 20 &endash; ESTABLISHED 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 and the department of human services shall 1 24 provide staffing and administrative 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 and the director of 1 30 human services. Membership terms shall be for three years. A 1 31 membership vacancy shall be filled in the same manner as the 1 32 original appointment. The review team shall elect a 1 33 chairperson and other officers as deemed necessary by the 1 34 review team. The review team shall meet upon the call of the 1 35 chairperson, upon the request of a state agency, or as 2 1 determined by the review team. The members of the team are 2 2 eligible for reimbursement of actual and necessary expenses 2 3 incurred in the performance of their official duties. 2 4 The review team shall include the following: 2 5 a. The state medical examiner or the state medical 2 6 examiner's designee. 2 7 b. A designee of the director of public health. 2 8 c. A designee of the director of human services. 2 9 d. A designee of the commissioner of public safety. 2 10 e. A designee of the administrator of the division of 2 11 vital records of the Iowa department of public health. 2 12 f. A designee of the attorney general. 2 13 g. A designee of the director of transportation. 2 14 h. A designee of the director of the department of 2 15 education. 2 16 i. A certified or licensed professional who is 2 17 knowledgeable concerning sudden infant death syndrome. 2 18 j. Two pediatricians who are knowledgeable concerning 2 19 deaths of children. 2 20 k. Two mental health professionals who are knowledgeable 2 21 concerning deaths of children. 2 22 l. Two social workers who are knowledgeable concerning 2 23 deaths of children. 2 24 m. A certified or licensed professional who is 2 25 knowledgeable concerning domestic violence. 2 26 n. A professional who is knowledgeable concerning 2 27 substance abuse. 2 28 o. A local law enforcement official. 2 29 p. A county attorney. 2 30 q. A nurse who is knowledgeable concerning the deaths of 2 31 children. 2 32 r. A perinatal expert. 2 33 s. A representative of the health insurance industry. 2 34 t. Three others appointed at large. 2 35 3. The review team shall perform the following duties: 3 1 a. Collect, review, and analyze child death certificates 3 2 and child death data, including patient records or other 3 3 pertinent confidential information concerning the deaths of 3 4 children age six or younger, and other information as the 3 5 review team deems appropriate for use in preparing an annual 3 6 report to the governor and the general assembly concerning the 3 7 causes and manner of child deaths. The report shall include 3 8 analysis of factual information obtained through review and 3 9 recommendations regarding prevention of child deaths. 3 10 b. Recommend to the governor and the general assembly 3 11 interventions to prevent deaths of children based on an 3 12 analysis of the cause and manner of such deaths. 3 13 c. Recommend to the agencies represented on the review 3 14 team changes which may prevent child deaths. 3 15 d. Maintain the confidentiality of any patient records or 3 16 other confidential information reviewed. 3 17 e. Review the conduct of any child abuse investigation 3 18 upon the request of the department of human services, 3 19 including but not limited to the case files, methodology, and 3 20 conclusions. 3 21 4. The review team may establish subcommittees to which 3 22 the team may delegate some or all of the team's 3 23 responsibilities under subsection 3. 3 24 5. The Iowa department of public health and the department 3 25 of human services shall adopt rules providing for disclosure 3 26 of information which is confidential under chapter 22 or any 3 27 other provision of state law, to the review team for purposes 3 28 of performing its child death and child abuse review 3 29 responsibilities. 3 30 Sec. 3. Section 232.2, subsection 22, unnumbered paragraph 3 31 1, Code 1995, is amended to read as follows: 3 32 "Guardian ad litem" means a person appointed by the court 3 33 to represent the interests of a child in any judicial 3 34 proceeding to which the child is a party, and includes a court 3 35 appointed special advocate, except that a court appointed 4 1 special advocate shall not file motions or petitions pursuant 4 2 to section 232.54, subsections 1 and 4,andsection 232.103, 4 3 subsection 2, paragraph "c", and section 232.111. 4 4 Sec. 4. NEW SECTION. 232.71A CHILD ABUSE ASSESSMENT 4 5 PILOT PROJECTS. 4 6 1. The department shall develop an assessment-based 4 7 approach to respond to child abuse reports in accordance with 4 8 the provisions of this section. The assessment-based approach 4 9 shall be utilized on a pilot project basis in not more than 4 10 five areas of the state selected by the department. The pilot 4 11 projects shall be selected in a manner so the pilot projects 4 12 are in both rural and urban areas. 4 13 2. Notwithstanding the provisions of sections 232.70 and 4 14 232.71, in the pilot project areas, the department's 4 15 responsibilities in responding to a child abuse report shall 4 16 be in accordance with this section. 4 17 3. Upon receipt of a child abuse report in a pilot project 4 18 area, the department shall perform an assessment. The primary 4 19 purpose of the assessment shall be to protect the safety of 4 20 the child named in the report. The secondary purpose of the 4 21 assessment shall be to engage the child's family in services 4 22 to enhance family strengths and to address needs. 4 23 4. An assessment is subject to the provisions of section 4 24 232.71 as though the department is performing an investigation 4 25 under that section for all of the following: 4 26 a. Notification of a child's parents in accordance with 4 27 section 232.71, subsection 1. 4 28 b. Interview of a person alleged to have committed the 4 29 child abuse in accordance with section 232.71, subsection 2, 4 30 paragraph "e". 4 31 c. Notification of a facility providing care to a child in 4 32 accordance with section 232.71, subsection 4. 4 33 d. Request for information from any person believed to 4 34 have knowledge of a child abuse case and referral of a child 4 35 to a physician in accordance with section 232.71, subsection 5 1 5. 5 2 e. Confidential access to a child in accordance with 5 3 section 232.71, subsection 6. 5 4 f. Requests for information from the department of public 5 5 safety in accordance with section 232.71, subsection 16. 5 6 g. Establishment and usage of a multidisciplinary team in 5 7 accordance with section 232.71, subsection 17. 5 8 5. A child abuse assessment shall be completed in writing 5 9 and shall include a description of the child's condition, 5 10 identification of the injury or risk to which the child was 5 11 exposed, the circumstances which led to the injury or risk to 5 12 the child, and the identity of any person alleged to be 5 13 responsible for the injury or risk to the child. In addition, 5 14 the assessment shall identify the strengths and needs of the 5 15 child, and of the child's parent, home, family, and community. 5 16 Upon completion of the assessment, the department shall 5 17 consult with the child's family in offering services to the 5 18 child and the child's family to address strengths and needs 5 19 identified in the assessment. 5 20 6. If the department believes that court action may be 5 21 required to appropriately respond to a child abuse report 5 22 received in a pilot project area or believes that the best 5 23 interest of the child may require juvenile or criminal court 5 24 action or the assistance of the county attorney, the 5 25 department shall notify the county attorney of the receipt of 5 26 the child abuse report and provide the court or county 5 27 attorney with the written assessment. The court and the 5 28 county attorney shall notify the department of any action 5 29 taken concerning a report or assessment provided by the 5 30 department. 5 31 7. Notwithstanding contrary provisions of sections 235A.13 5 32 to 235A.23, the following requirements shall apply to child 5 33 abuse information in an assessment performed in accordance 5 34 with this section: 5 35 a. If the department determines the child suffered 6 1 significant injury or was placed in great risk of injury, the 6 2 name of the child and the alleged perpetrator of the child 6 3 abuse shall be placed in the central registry as a case of 6 4 founded child abuse. Any of the following shall be considered 6 5 to be an indicator that the child suffered significant injury 6 6 or was placed in great risk of injury: 6 7 (1) The case was referred for juvenile or criminal court 6 8 action as a result of the acts or omissions of the alleged 6 9 perpetrator. 6 10 (2) The injury to the child as a result of the acts or 6 11 omission of the alleged perpetrator required or should have 6 12 required medical or mental health treatment. 6 13 (3) The department determines in a subsequent assessment 6 14 that the child suffered significant injury or was placed in 6 15 great risk of injury due to the acts or omissions of the same 6 16 alleged perpetrator. 6 17 b. In any other case, the child abuse information in an 6 18 assessment shall not be placed in the central registry and 6 19 notwithstanding chapter 22, the confidentiality of the 6 20 information shall be maintained. 6 21 8. The department shall report to the governor and the 6 22 general assembly concerning the pilot projects established 6 23 pursuant to this section, on or before December 15 of each 6 24 year. A report shall include evaluation findings, 6 25 recommendations for revisions in the requirements for pilot 6 26 projects, and a time line for expanding the pilot projects 6 27 statewide. 6 28 Sec. 5. Section 232.111, subsection 1, Code 1995, is 6 29 amended to read as follows: 6 30 1. A child's guardian, guardian ad litem, or custodian, 6 31 the department of human services, a juvenile court officer, or 6 32 the county attorney may file a petition for termination of the 6 33 parent-child relationship and parental rights with respect to 6 34 a child. 6 35 Sec. 6. MULTIDISCIPLINARY CHILD ABUSE INTERVENTION AND 7 1 PROSECUTION TEAMS. The attorney general is requested to form 7 2 a multidisciplinary committee to develop a proposal for the 7 3 establishment of regional multidisciplinary teams to focus 7 4 upon child abuse prosecution and intervention needs. The 7 5 attorney general is requested to submit a report of the 7 6 committee findings to the governor and the general assembly 7 7 prior to the 1996 legislative session. The committee should 7 8 consider other state statututory schemes for multidisciplinary 7 9 teams, provide options for regional groupings, review options 7 10 for special focus teams such as sexual abuse, and recommend 7 11 possible funding mechanisms. 7 12 Sec. 7. REPEAL. 1994 Iowa Acts, chapter 1130, sections 9 7 13 and 20, are repealed. 7 14 Sec. 8. EFFECTIVE DATE. Section 7 of this Act, providing 7 15 a repeal, being deemed of immediate importance, takes effect 7 16 upon enactment. 7 17 EXPLANATION 7 18 This bill relates to child abuse and termination of 7 19 parental rights provisions. 7 20 New section 144D.1 constitutes a new chapter creating an 7 21 Iowa child death review team as an independent agency of state 7 22 government. Legislative findings and purposed are outlined in 7 23 a session law provision. Administrative and staffing support 7 24 for the team is to be provided by the Iowa department of 7 25 public health and the department of human services. The 7 26 review team is to review information concerning the death of 7 27 children age six and younger and to review child abuse 7 28 investigations at the request of the department of human 7 29 services. The review team is to include representatives of 7 30 various state agencies with most appointments made by the 7 31 directors of public health and human services. The review 7 32 team is authorized to appoint subcommittees to which its 7 33 responsibilities may be delegated. 7 34 New section 232.71A directs the department of human 7 35 services to establish child abuse assessment pilot projects in 8 1 up to five areas of the state. The child abuse assessment 8 2 approach would be used in the pilot project areas instead of 8 3 the various provisions under current law for investigating a 8 4 child abuse report and for maintaining information concerning 8 5 certain investigations in the central child abuse registry. 8 6 The primary purpose of an assessment is to ensure the 8 7 safety of a child named in a report and the secondary purpose 8 8 is to engage the child's family in services to enhance family 8 9 strengths and address weaknesses identified in the assessment. 8 10 Various provisions of section 232.71 which outline 8 11 requirements and responsibilities during a child abuse 8 12 investigation apply to an assessment. However, under the 8 13 assessment-based pilot projects, only information from serious 8 14 cases of child abuse is placed in the central child abuse 8 15 registry, including cases referred to the court or for which 8 16 medical or mental health treatment was provided or should have 8 17 been provided. Otherwise, assessments are not public records 8 18 and are to remain confidential. The department is to make an 8 19 initial report concerning the assessment pilot projects on or 8 20 before December 15, 1995, and thereafter annually on or before 8 21 December 15. 8 22 Section 232.111 is amended to authorize a child's guardian 8 23 ad litem to file a petition for termination of the parent- 8 24 child relationship and parental rights with respect to a child 8 25 under chapter 232. A guardian ad litem is appointed by the 8 26 court to represent a child's interest in court proceedings. A 8 27 corresponding amendment is made to the section 232.2 8 28 definition of guardian ad litem. A court-appointed special 8 29 advocate can fulfill the functions of a guardian ad litem 8 30 except those functions which generally are performed by a 8 31 licensed attorney which would include filing a petition for 8 32 termination of parental rights. 8 33 The attorney general is requested to establish a 8 34 multidisciplinary committee to review and make recommendations 8 35 concerning establishment of regional multidisciplinary teams 9 1 to focus upon child abuse prosecution and intervention needs. 9 2 If a committee is established, a report is to be submitted by 9 3 the attorney general to the governor and the general assembly 9 4 prior to the 1996 legislative session. 9 5 Section 9 of 1994 Iowa Acts, chapter 1130, would amend 9 6 current law so that child abuse information which a department 9 7 of human services' investigation determines to be unfounded is 9 8 to be expunged six months after it is determined to be 9 9 unfounded. During that six-month period, the information is 9 10 to be sealed and accessible only through a court order. 9 11 Section 9 was enacted with a delayed effective date of July 1, 9 12 1995. This bill repeals both the substantive amendment 9 13 relating to expungement and the delayed effective date. 9 14 Repealing the two provisions will maintain current law which 9 15 requires that unfounded child abuse information is to be 9 16 expunged when it is determined to be unfounded. 9 17 LSB 2215SC 76 9 18 jp/jj/8
Text: SSB00184 Text: SSB00186 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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