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Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 2326

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 232.67, Code 1995, is amended to read
  1  2 as follows:
  1  3    232.67  LEGISLATIVE FINDINGS – PURPOSE AND POLICY.
  1  4    Children in this state are in urgent need of protection
  1  5 from child abuse.  Children are best protected if the response
  1  6 to a report of possible harm to a child is made in a manner
  1  7 which first and foremost emphasizes child safety and
  1  8 thereafter emphasizes engagement of the child's family in
  1  9 services, if the services are necessary and appropriate.  It
  1 10 is the purpose and policy of this part 2 of division III to
  1 11 provide the greatest possible protection to victims or
  1 12 potential victims of children who may be subjected to child
  1 13 abuse through encouraging the increased reporting of suspected
  1 14 cases of such abuse, insuring the thorough and prompt
  1 15 investigation of these reports, and providing rehabilitative
  1 16 services, where appropriate and whenever possible to abused
  1 17 children and their families which will stabilize the home
  1 18 environment so that the family can remain intact without
  1 19 further danger to the child by providing a system for
  1 20 reporting and responding to indicators of harm to a child in
  1 21 which the approach for responding to a report can be adjusted
  1 22 to appropriately reflect the severity of the harm to the
  1 23 child, the functioning of the child within the child's family,
  1 24 and the resources available to the child and the child's
  1 25 family in the community.
  1 26    Sec. 2.  Section 232.68, subsection 2, Code Supplement
  1 27 1995, is amended to read as follows:
  1 28    2.  "Child abuse" or "abuse" means a significant injury
  1 29 suffered by a child or the placing of a child at great risk of
  1 30 significant injury as determined by the department under
  1 31 section 232.71 following a report of harm to the child and
  1 32 pursuant to an assessment performed by the department
  1 33 resulting in the placement of the name of the child and the
  1 34 person responsible for the injury in the registry.
  1 35    2A.  "Harm" means any of the following:
  2  1    a.  Any nonaccidental physical injury, or injury which is
  2  2 at variance with the history given of it, suffered by a child
  2  3 as the result of the acts or omissions of a person responsible
  2  4 for the care of the child.
  2  5    b.  Any mental injury to a child's intellectual or
  2  6 psychological capacity as evidenced by an observable and
  2  7 substantial impairment in the child's ability to function
  2  8 within the child's normal range of performance and behavior as
  2  9 the result of the acts or omissions of a person responsible
  2 10 for the care of the child, if the impairment is diagnosed and
  2 11 confirmed by a licensed physician or qualified mental health
  2 12 professional as defined in section 622.10.
  2 13    c.  The commission of a sexual offense with or to a child
  2 14 pursuant to chapter 709, section 726.2, or section 728.12,
  2 15 subsection 1, as a result of the acts or omissions of the
  2 16 person responsible for the care of the child.  Notwithstanding
  2 17 section 702.5, the commission of a sexual offense under this
  2 18 paragraph includes any sexual offense referred to in this
  2 19 paragraph with or to a person under the age of eighteen years.
  2 20    d.  The failure on the part of a person responsible for the
  2 21 care of a child to provide for the adequate food, shelter,
  2 22 clothing or other care necessary for the child's health and
  2 23 welfare when financially able to do so or when offered
  2 24 financial or other reasonable means to do so.  A parent or
  2 25 guardian legitimately practicing religious beliefs who does
  2 26 not provide specified medical treatment for a child for that
  2 27 reason alone shall not be considered abusing the child,
  2 28 however this provision shall not preclude a court from
  2 29 ordering that medical service be provided to the child where
  2 30 the child's health requires it.
  2 31    e.  The acts or omissions of a person responsible for the
  2 32 care of a child which allow, permit, or encourage the child to
  2 33 engage in acts prohibited pursuant to section 725.1.
  2 34 Notwithstanding section 702.5, acts or omissions under this
  2 35 paragraph include an act or omission referred to in this
  3  1 paragraph with or to a person under the age of eighteen years.
  3  2    f.  An illegal drug is present in a child's body as a
  3  3 direct and foreseeable consequence of the acts or omissions of
  3  4 the person responsible for the care of the child which a
  3  5 reasonable and prudent person knew or should have known is
  3  6 likely to lead to the drug's presence in the child's body.
  3  7    Sec. 3.  Section 232.68, subsection 3, Code Supplement
  3  8 1995, is amended to read as follows:
  3  9    3.  "Confidential access to a child" means access to a
  3 10 child, during an investigation assessment of an alleged act of
  3 11 child abuse, who is alleged to be the victim of the child
  3 12 abuse a report of harm to a child.  The access may be
  3 13 accomplished by interview, observation, or examination of the
  3 14 child.  As used in this subsection:
  3 15    a.  "Interview" means the verbal exchange between the
  3 16 department investigator assessment worker and the child for
  3 17 the purpose of developing information necessary to protect the
  3 18 child.  A department investigator assessment worker is not
  3 19 precluded from recording visible evidence of abuse harm to a
  3 20 child.
  3 21    b.  "Observation" means direct physical viewing of a child
  3 22 who is under the age of four by the department investigator
  3 23 assessment worker where the viewing is limited to the child's
  3 24 body other than the genitalia and pubes.  "Observation" also
  3 25 means direct physical viewing of a child age four or older by
  3 26 the department investigator assessment worker without touching
  3 27 the child or removing an article of the child's clothing, and
  3 28 doing so without the consent of the child's parent, custodian,
  3 29 or guardian.  A department investigator assessment worker is
  3 30 not precluded from recording evidence of abuse harm to a child
  3 31 obtained as a result of a child's voluntary removal of an
  3 32 article of clothing without inducement by the investigator
  3 33 assessment worker.  However, if prior consent of the child's
  3 34 parent or guardian, or an ex parte court order, is obtained,
  3 35 "observation" may include viewing the child's unclothed body
  4  1 other than the genitalia and pubes.
  4  2    c.  "Examination" means direct physical viewing, touching,
  4  3 and medically necessary manipulation of any area of the
  4  4 child's body by a physician licensed under chapter 148 or
  4  5 150A.
  4  6    Sec. 4.  Section 232.69, subsection 1, unnumbered paragraph
  4  7 1, Code 1995, is amended to read as follows:
  4  8    The following classes of persons shall make a report within
  4  9 twenty-four hours and as provided in section 232.70, of cases
  4 10 of child abuse an indicator of harm to a child:
  4 11    Sec. 5.  Section 232.69, subsection 1, paragraph a, Code
  4 12 1995, is amended to read as follows:
  4 13    a.  Every health practitioner who in the scope of
  4 14 professional practice, examines, attends, or treats a child
  4 15 and who reasonably believes the child has been abused has been
  4 16 subjected to harm.  Notwithstanding section 140.3, this
  4 17 provision applies to a health practitioner who receives
  4 18 information confirming that a child is infected with a
  4 19 sexually transmitted disease.
  4 20    Sec. 6.  Section 232.69, subsection 1, paragraph b,
  4 21 unnumbered paragraph 1, Code 1995, is amended to read as
  4 22 follows:
  4 23    Any of the following persons who, in the scope of
  4 24 professional practice or in their employment responsibilities,
  4 25 examines, attends, counsels, or treats a child and reasonably
  4 26 believes a child has suffered abuse has been subjected to
  4 27 harm:
  4 28    Sec. 7.  Section 232.69, subsections 2 and 3, Code 1995,
  4 29 are amended to read as follows:
  4 30    2.  Any other person who believes that a child has been
  4 31 abused has been subject to harm may make a report as provided
  4 32 in section 232.70.
  4 33    3.  A person required to make a report under subsection 1,
  4 34 other than a physician whose professional practice does not
  4 35 regularly involve providing primary health care to children,
  5  1 shall complete two hours of training relating to the
  5  2 identification and reporting of child abuse harm to a child
  5  3 within six months of initial employment or self-employment
  5  4 involving the examination, attending, counseling, or treatment
  5  5 of children on a regular basis.  Within one month of initial
  5  6 employment or self-employment, the person shall obtain a
  5  7 statement of the abuse reporting requirements from the
  5  8 person's employer or, if self-employed, from the department.
  5  9 The Every five years the person shall complete at least two
  5 10 hours of additional child abuse training relating to the
  5 11 identification and reporting training every five years of harm
  5 12 to a child.  If the person is an employee of a hospital or
  5 13 similar institution, or of a public or private institution,
  5 14 agency, or facility, the employer shall be responsible for
  5 15 providing the child abuse identification and reporting
  5 16 training.  If the person is self-employed, the person shall be
  5 17 responsible for obtaining the child abuse identification and
  5 18 reporting training.  The person may complete the initial or
  5 19 additional training as part of a continuing education program
  5 20 required under chapter 272C or may complete the training as
  5 21 part of a training program offered by the department of human
  5 22 services, the department of education, an area education
  5 23 agency, a school district, the Iowa law enforcement academy,
  5 24 or a similar public agency.
  5 25    Sec. 8.  Section 232.70, subsection 4, Code 1995, is
  5 26 amended to read as follows:
  5 27    4.  The Upon receipt of a report, the department of human
  5 28 services shall do all of the following:
  5 29    a.  Immediately, upon receipt of an oral report, make a
  5 30 determination as to whether the report constitutes an
  5 31 allegation of harm to a child abuse as defined in section
  5 32 232.68;.
  5 33    b.  Make a report to the central registry if If the oral
  5 34 report has been is determined to constitute a child abuse an
  5 35 allegation;
  6  1    c.  Forward a copy of the written report to the registry;
  6  2 and
  6  3    d.  Notify the appropriate county attorney of the receipt
  6  4 of any report of harm to a child, perform an assessment in
  6  5 accordance with section 232.71.
  6  6    Sec. 9.  Section 232.70, subsection 5, Code 1995, is
  6  7 amended to read as follows:
  6  8    5.  The oral and written reports shall contain all of the
  6  9 following information, or as much thereof of the information
  6 10 as the person making the report is able to furnish:
  6 11    a.  The names and home address of the child and the child's
  6 12 parents or other persons believed to be responsible for the
  6 13 child's care;.
  6 14    b.  The child's present whereabouts if not the same as the
  6 15 parent's or other person's home address;.
  6 16    c.  The child's age;.
  6 17    d.  The nature and extent of the child's injuries harm to
  6 18 the child, including any evidence of previous injuries; harm
  6 19 to the child.
  6 20    e.  The name, age, and condition of other children in the
  6 21 same home;.
  6 22    f.  Any other information which the person making the
  6 23 report believes might be helpful in establishing the cause of
  6 24 the injury harm to the child, the identity of the person or
  6 25 persons responsible for the injury harm, or in providing
  6 26 assistance to the child; and.
  6 27    g.  The name and address of the person making the report.
  6 28    Sec. 10.  Section 232.71, Code Supplement 1995, is amended
  6 29 to read as follows:
  6 30    232.71  DUTIES OF THE DEPARTMENT UPON RECEIPT OF REPORT.
  6 31    1.  If the department determines a report is determined to
  6 32 constitute a child abuse allegation constitutes an allegation
  6 33 of harm to a child, the department of human services shall
  6 34 promptly commence an appropriate investigation assessment
  6 35 within seventy-two hours of receiving the report.  The primary
  7  1 purpose of this investigation the assessment shall be the
  7  2 protection of the child named in the report.  The department,
  7  3 within five working days of commencing the investigation
  7  4 assessment, shall provide written notification of the
  7  5 investigation assessment to the child's parents.  However, if
  7  6 the department shows the court to the court's satisfaction
  7  7 that notification is likely to endanger the child or other
  7  8 persons, the court shall orally direct the department to
  7  9 withhold notification.  Within one working day of issuing an
  7 10 oral directive, the court shall issue a written order
  7 11 restraining the notification.  The department shall not reveal
  7 12 in the written notification to the parents or otherwise the
  7 13 identity of the reporter of harm to the child abuse during an
  7 14 investigation to a subject of a child abuse report of harm to
  7 15 a child listed in section 235A.15, subsection 2, paragraph
  7 16 "a".  If a report is determined not to constitute a child
  7 17 abuse an allegation of harm to a child, but a criminal act
  7 18 harming a child is alleged, the department shall immediately
  7 19 refer the matter to the appropriate law enforcement agency.
  7 20    2.  The investigation assessment shall include all of the
  7 21 following:
  7 22    a.  Identification of the nature, extent, and cause of the
  7 23 injuries suspected harm, if any, to the child named in the
  7 24 report.
  7 25    b.  The circumstances which led to the suspected harm to
  7 26 the child.
  7 27    b. c.  The identification of the person or persons
  7 28 responsible therefor for the suspected harm to the child.
  7 29    c. d.  The name, age, and condition of other children in
  7 30 the same home as the child named in the report.
  7 31    d. e.  An evaluation of the home environment.  If
  7 32 protective concerns are identified, the department shall
  7 33 evaluate the child named in the report and any other children
  7 34 in the same home as the parents or other persons responsible
  7 35 for their care.
  8  1    e. f.  An interview of the person alleged to have committed
  8  2 be responsible for the harm to the child abuse, if the
  8  3 person's identity and location are known, to afford the person
  8  4 the opportunity to address the allegations of the child abuse
  8  5 report.  The interview shall be conducted, or an opportunity
  8  6 for an interview shall be provided, prior to a determination
  8  7 of child abuse being made completion of the assessment.  The
  8  8 court may waive the requirement of the interview for good
  8  9 cause.
  8 10    3.  The investigation assessment may, with the consent of
  8 11 the parent or guardian, include a visit to the home of the
  8 12 child named in the report and an interview or observation of
  8 13 the child may be conducted.  If permission to enter the home
  8 14 to interview or observe the child is refused, the juvenile
  8 15 court or district court upon a showing of probable cause may
  8 16 authorize the person making the investigation assessment to
  8 17 enter the home and interview or observe the child.  The
  8 18 department may utilize a multidisciplinary team, as defined in
  8 19 section 235A.13, in investigations performing assessments of
  8 20 child abuse harm to a child.
  8 21    4.  Based on an investigation of alleged child abuse The
  8 22 department, in consultation with facilities providing care to
  8 23 children, shall develop a protocol for conducting an
  8 24 assessment of reports of harm to children allegedly caused by
  8 25 an employee employees of a facility facilities providing care
  8 26 to a child, the children.  As part of such an assessment, the
  8 27 department shall notify the licensing authority for the
  8 28 facility, the governing body of the facility, and the
  8 29 administrator in charge of the facility of any of the
  8 30 following:
  8 31    a.  A violation of facility policy noted in the
  8 32 investigation assessment.
  8 33    b.  An instance in which facility policy or lack of
  8 34 facility policy may have contributed to the alleged harm to a
  8 35 child abuse or the incident reported.
  9  1    c.  An instance in which general practice in the facility
  9  2 appears to differ from the facility's written policy.
  9  3    The licensing authority, the governing body, and the
  9  4 administrator in charge of the facility shall take any lawful
  9  5 action which may be necessary or advisable to protect children
  9  6 residing in the facility.
  9  7    5.  a.  The department of human services may request
  9  8 information from any person believed to have knowledge of harm
  9  9 to a child abuse case.  The county attorney, any law
  9 10 enforcement or social services agency in the state, and any
  9 11 mandatory reporter, whether or not the reporter made the
  9 12 specific child abuse report of harm to a child, shall
  9 13 cooperate and assist in the investigation assessment upon the
  9 14 request of the department of human services.  The county
  9 15 attorney and appropriate law enforcement agencies shall also
  9 16 take any other lawful action which may be necessary or
  9 17 advisable for the protection of the child.
  9 18    b.  If the department refers a child to a physician for a
  9 19 physical examination, the department shall contact the
  9 20 physician concerning regarding the examination within twenty-
  9 21 four hours of making the referral prior to completing the
  9 22 assessment.  If the physician who performs the examination
  9 23 upon referral by the department reasonably believes the child
  9 24 has been abused subjected to harm, the physician shall report
  9 25 to the department within twenty-four hours of performing the
  9 26 examination.
  9 27    6.  The investigation assessment may include a visit to a
  9 28 facility providing care to the child named in the report or to
  9 29 any public or private school subject to the authority of the
  9 30 department of education where the child named in the report is
  9 31 located.  The administrator of a facility, or a public or
  9 32 private school shall cooperate with the investigator by
  9 33 providing confidential access to the child named in the report
  9 34 for the purpose of interviewing the child, and shall allow the
  9 35 investigator assessment worker confidential access to other
 10  1 children for the purpose of conducting interviews in order to
 10  2 obtain relevant information.  The investigator assessment
 10  3 worker may observe a child named in a report in accordance
 10  4 with the provisions of section 232.68, subsection 3, paragraph
 10  5 "b".  A witness shall be present during an observation of a
 10  6 child.  Any child age ten years of age or older can terminate
 10  7 contact with the investigator assessment worker by stating or
 10  8 indicating the child's wish to discontinue the contact.  The
 10  9 immunity granted by section 232.73 applies to acts or
 10 10 omissions in good faith of such administrators and their
 10 11 facilities or school districts for cooperating in an
 10 12 investigation assessment and allowing confidential access to a
 10 13 child.  The department may utilize a multidisciplinary team,
 10 14 as defined in section 235A.13, to conduct investigations an
 10 15 assessment of harm to a child abuse involving employees or
 10 16 agents of a facility providing care for a child.
 10 17    7.  a.  The department, upon completion of its
 10 18 investigation the assessment, shall make prepare a preliminary
 10 19 report of its investigation as written assessment which
 10 20 incorporates the information required by subsection 2.  The
 10 21 written assessment shall be completed within twenty business
 10 22 days of receiving the report.
 10 23    b.  A If the department determines in accordance with
 10 24 subsection 8 that the harm to the child constitutes
 10 25 substantiated child abuse, a copy of this report the written
 10 26 assessment shall be transmitted to the juvenile court within
 10 27 four regular working days after the department initially
 10 28 receives the abuse report unless the juvenile court grants an
 10 29 extension of time for good cause shown.  If the preliminary
 10 30 report is not a complete report, a complete report shall be
 10 31 filed within ten working days of the receipt of the abuse
 10 32 report, unless the juvenile court grants an extension of time
 10 33 for good cause shown. and the county attorney.  The juvenile
 10 34 court and the county attorney shall notify the department
 10 35 office which prepared the assessment of any action taken or
 11  1 contemplated with respect to the substantiated child abuse
 11  2 described in the assessment.
 11  3    c.  A copy of the written assessment which pertains to the
 11  4 reported harm shall be transmitted to all subjects of a
 11  5 report.  The department shall notify a subject of the report
 11  6 of the result of the investigation, of the subject's right to
 11  7 correct the information pursuant to section 235A.19 if the
 11  8 department determines the harm to the child constitutes
 11  9 substantiated child abuse, and of the procedures to correct
 11 10 the information in any report or assessment.  The juvenile
 11 11 court shall notify the registry of any action it takes with
 11 12 respect to a suspected case of child abuse.
 11 13    8. d.  The If the department determines in accordance with
 11 14 subsection 8 that the harm to the child constitutes
 11 15 substantiated child abuse, the department of human services
 11 16 shall transmit to the registry a copy of the report of its
 11 17 investigation written assessment of the harm, including
 11 18 actions taken or contemplated, to the registry to safeguard
 11 19 the child.  The department of human services shall make
 11 20 periodic follow-up reports thereafter in a manner prescribed
 11 21 by the registry so that the registry is kept up-to-date and
 11 22 fully informed concerning the handling of a suspected case of
 11 23 substantiated child abuse.
 11 24    9. 8.  The department of human services shall also transmit
 11 25 a copy of the report of its investigation to the county
 11 26 attorney.  The county attorney shall notify the registry of
 11 27 any actions or contemplated actions with respect to a
 11 28 suspected case of child abuse so that the registry is kept up-
 11 29 to-date and fully informed concerning the handling of such a
 11 30 case. If the department determines in accordance with this
 11 31 subsection that a harm to a child caused significant injury or
 11 32 placed a child at great risk of significant injury, the names
 11 33 of the child and of the person alleged to be responsible for
 11 34 the harm to the child shall be placed on the central registry
 11 35 for child abuse information as a case of substantiated child
 12  1 abuse.  Only a harm to a child placed on the registry in
 12  2 accordance with this subsection shall be considered to be
 12  3 substantiated child abuse.  A determination of substantiated
 12  4 child abuse shall be based upon any of the following:
 12  5    a.  The case involving the report of harm to the child was
 12  6 referred for juvenile or criminal court action.
 12  7    b.  A child in need of assistance or other court proceeding
 12  8 is initiated based upon the report of harm to the child.
 12  9 However, a proceeding or assessment based upon a report of
 12 10 harm to a child in which the child's parent or guardian who is
 12 11 legitimately practicing religious beliefs fails to secure
 12 12 necessary medical care for the child shall not be placed on
 12 13 the registry as substantiated child abuse.
 12 14    c.  In the opinion of a health practitioner or mental
 12 15 health professional, the harm to the child as a result of the
 12 16 acts or omission of the alleged person responsible for the
 12 17 care of the child required or should have required medical or
 12 18 mental health treatment.
 12 19    d.  Additional reports of harm to a child are made based
 12 20 upon the acts or omissions of the same person.
 12 21    10. 9.  Based on the investigation conducted assessment
 12 22 performed pursuant to this section, the department shall offer
 12 23 to the family of any child believed to be the victim of abuse
 12 24 harm such services as are available and appear appropriate for
 12 25 either the child, the family, or both, if it is explained that
 12 26 the department has no legal authority to compel the family to
 12 27 accept the services.
 12 28    11. 10.  If, upon completion of the investigation
 12 29 assessment, the department of human services determines that
 12 30 the best interests of the child require juvenile court action,
 12 31 the department shall take the appropriate action to initiate
 12 32 such action under this chapter.  If at any time during the
 12 33 assessment process the department believes court action is
 12 34 necessary to safeguard the child, the department shall act
 12 35 appropriately to initiate the action.  The county attorney
 13  1 shall assist the county department of human services as
 13  2 provided under section 232.90, subsection 2.
 13  3    12. 11.  The department of human services shall assist the
 13  4 juvenile court or district court during all stages of court
 13  5 proceedings involving a suspected child abuse case of harm to
 13  6 a child in accordance with the purposes of this chapter.
 13  7    13. 12.  The department of human services shall provide for
 13  8 or arrange for and monitor services for abused children who
 13  9 are victims of harm or of child abuse or at risk of harm or of
 13 10 child abuse and their families on a voluntary basis or under a
 13 11 final or intermediate order of the juvenile court.  The
 13 12 department shall adopt rules defining services which the local
 13 13 planning groups authorized to develop plans may recommend.
 13 14    14. 13.  In every case involving harm to a child abuse
 13 15 which results in a child protective judicial proceeding,
 13 16 whether or not the proceeding arises under this chapter, a
 13 17 guardian ad litem shall be appointed by the court to represent
 13 18 the child in the proceedings.  Before a guardian ad litem is
 13 19 appointed pursuant to this section, the court shall require
 13 20 the person responsible for the care of the child to complete
 13 21 under oath a detailed financial statement.  If, on the basis
 13 22 of that financial statement, the court deems that the person
 13 23 responsible for the care of the child is able to bear the cost
 13 24 of the guardian ad litem, the court shall so order.  In cases
 13 25 where the person responsible for the care of the child is
 13 26 unable to bear the cost of the guardian ad litem, the expense
 13 27 shall be paid out of the county treasury.
 13 28    15. 14.  If a fourth report is received from the same
 13 29 person who made three earlier unfounded reports which
 13 30 identified the same child as the abused child who was harmed
 13 31 and the same person responsible for the child as the alleged
 13 32 abuser causing the suspected harm which were determined by the
 13 33 department to be entirely false or without merit, the
 13 34 department may determine that the report is again unfounded
 13 35 false or without merit due to the report's spurious or
 14  1 frivolous nature and may in its discretion terminate its
 14  2 investigation assessment.
 14  3    16. 15.  The department may request criminal history data
 14  4 from the department of public safety on regarding any person
 14  5 believed to be responsible for an injury a harm to a child
 14  6 which, if confirmed, would constitute child abuse.  The
 14  7 department shall establish procedures for determining when a
 14  8 criminal history records check under this subsection is
 14  9 necessary.
 14 10    17. 16.  In each county or multicounty area in which more
 14 11 than fifty child abuse reports of harm to a child are made per
 14 12 year, the department shall establish a multidisciplinary team,
 14 13 as defined in section 235A.13, subsection 7.  Upon the
 14 14 department's request, a multidisciplinary team shall assist
 14 15 the department in the assessment, diagnosis, and disposition
 14 16 of a child abuse report of harm to a child.
 14 17    17.  In each county or multicounty area in which more than
 14 18 fifty reports of harm to a child are made per year, the
 14 19 department shall work with the communities in the county or
 14 20 multicounty area to develop a community-based plan for
 14 21 improving child protection in the area, including but not
 14 22 limited to developing an array of preventive and targeted
 14 23 family-based services.
 14 24    18.  Unless otherwise provided by this section or another
 14 25 applicable law, information in any assessment made under this
 14 26 section is confidential and notwithstanding chapter 22, the
 14 27 confidentiality of the information shall be maintained.
 14 28    Sec. 11.  Section 232.72, Code 1995, is amended to read as
 14 29 follows:
 14 30    232.72  JURISDICTION – TRANSFER.
 14 31    "Department of human services" or "county attorney"
 14 32 ordinarily refer refers to the local or county office serving
 14 33 the county in which the child's home is located.
 14 34    However, if the person making the report pursuant to this
 14 35 chapter does not know where the child's home is located, or if
 15  1 the child's home is not located in the service area where the
 15  2 health practitioner examines, attends, or treats the child,
 15  3 the report may be made to the state department of human
 15  4 services or to the local office serving the county where the
 15  5 person making the report resides or the county where the
 15  6 health practitioner examines, attends, or treats the child.
 15  7 These agencies shall promptly proceed as provided in section
 15  8 232.71, unless the matter is transferred as provided in this
 15  9 section.
 15 10    If the child's home is located in a county not served by
 15 11 the office receiving the report, the department shall promptly
 15 12 transfer the matter by transmitting a copy of the report of
 15 13 injury and any other pertinent information to the office and
 15 14 the county attorney serving the other county.  They That
 15 15 office shall promptly proceed as provided in section 232.71.
 15 16    Sec. 12.  Section 232.73, unnumbered paragraph 1, Code
 15 17 Supplement 1995, is amended to read as follows:
 15 18    A person participating in good faith in the making of a
 15 19 report, photographs, or X rays, or in the performance of a
 15 20 medically relevant test pursuant to this chapter, or aiding
 15 21 and assisting in an investigation of a child abuse report of
 15 22 harm to a child pursuant to section 232.71, shall have
 15 23 immunity from any liability, civil or criminal, which might
 15 24 otherwise be incurred or imposed.  The person shall have the
 15 25 same immunity with respect to participation in good faith in
 15 26 any judicial proceeding resulting from the report or relating
 15 27 to the subject matter of the report.
 15 28    Sec. 13.  Section 232.74, Code 1995, is amended to read as
 15 29 follows:
 15 30    232.74  EVIDENCE NOT PRIVILEGED OR EXCLUDED.
 15 31    Sections 622.9 and 622.10 and any other statute or rule of
 15 32 evidence which excludes or makes privileged the testimony of a
 15 33 husband or wife against the other or the testimony of a health
 15 34 practitioner or mental health professional as to confidential
 15 35 communications, do not apply to evidence regarding a child's
 16  1 injuries harm to a child or the cause of the injuries harm in
 16  2 any judicial proceeding, civil or criminal, resulting from a
 16  3 report pursuant to this chapter or relating to the subject
 16  4 matter of such a report.
 16  5    Sec. 14.  Section 232.75, Code 1995, is amended to read as
 16  6 follows:
 16  7    232.75  SANCTIONS.
 16  8    1.  Any person, official, agency, or institution, required
 16  9 by this chapter to report a suspected case of harm to a child
 16 10 abuse who knowingly and willfully fails to do so is guilty of
 16 11 a simple misdemeanor.
 16 12    2.  Any person, official, agency, or institution, required
 16 13 by section 232.69 to report a suspected case of harm to a
 16 14 child abuse who knowingly fails to do so is civilly liable for
 16 15 the damages proximately caused by such failure.
 16 16    3.  A person who reports or causes to be reported to the
 16 17 department of human services false information regarding an
 16 18 alleged act of harm to a child abuse, knowing that the
 16 19 information is false or that the act did not occur, commits a
 16 20 simple misdemeanor.
 16 21    Sec. 15.  Section 232.76, Code 1995, is amended to read as
 16 22 follows:
 16 23    232.76  PUBLICITY AND EDUCATIONAL PROGRAMS.
 16 24    The department, within the limits of available funds, shall
 16 25 conduct a continuing publicity and educational program for the
 16 26 personnel of the department, persons required to report, and
 16 27 any other appropriate persons to encourage the fullest
 16 28 possible degree of reporting of suspected cases of harm to a
 16 29 child abuse.  Educational programs shall include but not be
 16 30 limited to the diagnosis and cause of harm to a child abuse,
 16 31 the responsibilities, obligations, duties and powers of
 16 32 persons and agencies under this chapter and the procedures of
 16 33 the department and the juvenile court with respect to
 16 34 suspected cases of harm to a child abuse and disposition of
 16 35 actual cases.
 17  1    Sec. 16.  Section 232.77, subsection 1, Code 1995, is
 17  2 amended to read as follows:
 17  3    1.  A person who is required to report a case of harm to a
 17  4 child abuse may take or cause to be taken, at public expense,
 17  5 photographs, X rays, or other physical examinations or tests
 17  6 of a child which would provide medical indication of
 17  7 allegations arising from a an assessment of harm to a child
 17  8 abuse investigation.  A health practitioner may, if medically
 17  9 indicated, cause to be performed radiological examination,
 17 10 physical examination, or other medical tests of the child.  A
 17 11 person who takes any photographs or X rays or performs
 17 12 physical examinations or other tests pursuant to this section
 17 13 shall notify the department of human services that the
 17 14 photographs or X rays have been taken or the examinations or
 17 15 other tests have been performed.  The person who made
 17 16 notification shall retain the photographs or X rays or
 17 17 examination or test findings for a reasonable time following
 17 18 the notification.  Whenever the person is required to report
 17 19 under section 232.69, in that person's capacity as a member of
 17 20 the staff of a medical or other private or public institution,
 17 21 agency or facility, that person shall immediately notify the
 17 22 person in charge of the institution, agency, or facility or
 17 23 that person's designated delegate of the need for photographs
 17 24 or X rays or examinations or other tests.
 17 25    Sec. 17.  Section 235A.12, Code 1995, is amended to read as
 17 26 follows:
 17 27    235A.12  LEGISLATIVE FINDINGS AND PURPOSES.
 17 28    The general assembly finds and declares that a central
 17 29 registry is required to provide a single source for the state-
 17 30 wide statewide collection, maintenance, and dissemination of
 17 31 child abuse information.  Such a The registry is imperative
 17 32 vital for increased effectiveness in dealing with the problem
 17 33 of child abuse.  The general assembly also finds that vigorous
 17 34 protection of rights of individual privacy is an indispensable
 17 35 element of a fair and effective system of collecting,
 18  1 maintaining, and disseminating child abuse information.
 18  2    The purposes of this section and sections 235A.13 to
 18  3 235A.23 are to facilitate the identification of victims or
 18  4 potential victims of child abuse and identification of
 18  5 perpetrators of child abuse by making available a single,
 18  6 statewide source of child abuse data; to facilitate research
 18  7 on child abuse by making available a single, statewide source
 18  8 of child abuse data; and to provide maximum safeguards against
 18  9 the unwarranted invasions of privacy which such a the registry
 18 10 might otherwise entail.
 18 11    Sec. 18.  Section 235A.13, subsections 1, 3, 4, 5, 6, 7, 8,
 18 12 and 9, Code 1995, are amended to read as follows:
 18 13    1.  "Child abuse information" means any or all of the
 18 14 following data maintained by the department in a manual or
 18 15 automated data storage system and the central registry created
 18 16 in section 235A.14 which is individually identified:
 18 17    a.  Report data.
 18 18    b.  Investigation data.
 18 19    c.  Disposition data.
 18 20    b.  Disposition data.
 18 21    3.  "Disposition data" means information pertaining to an a
 18 22 determination, opinion, or decision as to the occurrence of
 18 23 child abuse in accordance with section 232.71, including:
 18 24    a.  Any intermediate or ultimate determination, opinion, or
 18 25 decision reached by investigative assessment personnel.
 18 26    b.  Any determination, opinion, or decision reached in the
 18 27 course of judicial proceedings.
 18 28    c.  The present status of any case.
 18 29    4.  "Expungement" means the process of destroying child
 18 30 abuse information.
 18 31    5.  "Individually identified" means any report,
 18 32 investigation or disposition data which names the person or
 18 33 persons responsible or believed responsible for the harm to a
 18 34 child or child abuse.
 18 35    6.  "Investigation data" means information pertaining to
 19  1 the evaluation of report data, including:
 19  2    a.  Additional information as to the nature, extent and
 19  3 cause of the injury, and the identity of persons responsible
 19  4 therefor.
 19  5    b.  The names and conditions of other children in the home.
 19  6    c.  The child's home environment and relationships with
 19  7 parents or others responsible for the child's care.
 19  8    7. 6.  "Multidisciplinary team" means a group of
 19  9 individuals who possess knowledge and skills related to the
 19 10 diagnosis, assessment, and disposition of child abuse cases of
 19 11 harm to a child and who are professionals practicing in the
 19 12 disciplines of medicine, nursing, public health, substance
 19 13 abuse, mental health, social work, child development,
 19 14 education, law, juvenile probation, or law enforcement, or a
 19 15 group established pursuant to section 235B.1, subsection 1.
 19 16    8. 7.  "Report data" means information pertaining to any
 19 17 occasion involving or reasonably believed to involve a report
 19 18 of harm to a child abuse, including:
 19 19    a.  The name and address of the child and the child's
 19 20 parents or other persons responsible for the child's care.
 19 21    b.  The age of the child.
 19 22    c.  The nature and extent of the injury, including evidence
 19 23 of any previous injury.
 19 24    d.  Any other information believed to be helpful in
 19 25 establishing the cause of the injury and the identity of the
 19 26 person or persons responsible therefor under section 232.71.
 19 27    9. 8.  "Sealing" means the process of removing child abuse
 19 28 information from authorized access as provided by this
 19 29 chapter.
 19 30    Sec. 19.  Section 235A.14, Code 1995, is amended to read as
 19 31 follows:
 19 32    235A.14  CREATION AND MAINTENANCE OF A CENTRAL REGISTRY.
 19 33    1.  There is created within the state department of human
 19 34 services a central registry for child abuse information.  The
 19 35 department shall organize and staff the registry and adopt
 20  1 rules for its operation.
 20  2    2.  The registry shall collect, maintain, and disseminate
 20  3 child abuse information as provided for by this chapter.
 20  4    3.  The department shall maintain a toll-free telephone
 20  5 line, which shall be available on a twenty-four hour a day,
 20  6 seven-day a week basis and which the department of human
 20  7 services and all other persons may use to report cases of
 20  8 suspected harm to a child abuse and that all persons
 20  9 authorized by this chapter may use for obtaining child abuse
 20 10 information.
 20 11    4.  An oral report of suspected harm to a child abuse
 20 12 initially made to the central registry shall be immediately
 20 13 transmitted by the department to the appropriate county office
 20 14 of the department of social human services or law enforcement
 20 15 agency, or both.
 20 16    5.  The registry, upon receipt of a report of suspected
 20 17 harm to a child abuse, shall search the records of the
 20 18 registry, and if the records of the registry reveal any
 20 19 previous report determination of substantiated child abuse
 20 20 under section 232.71 involving the same child or any other
 20 21 child in the same family, or if the records reveal any other
 20 22 pertinent information with respect to the same child or any
 20 23 other child in the same family, the appropriate office of the
 20 24 department of human services or law enforcement agency shall
 20 25 be immediately notified of that fact.
 20 26    6.  The central registry shall include but not be limited
 20 27 to report data, investigation data for cases of substantiated
 20 28 child abuse placed on the registry pursuant to section 232.71
 20 29 and disposition data.  The central registry shall not include
 20 30 report and assessment information which is not placed on the
 20 31 central registry but is retained by the department.
 20 32    Sec. 20.  Section 235A.15, subsection 2, unnumbered
 20 33 paragraph 1, paragraphs a, b, c, and d, Code Supplement 1995,
 20 34 are amended to read as follows:
 20 35    Access to child abuse information other than unfounded
 21  1 child abuse information disposition data is authorized only to
 21  2 the following persons or entities:
 21  3    a.  Subjects of a report as follows:
 21  4    (1)  To a child named in a report as a victim of abuse harm
 21  5 or to the child's attorney or guardian ad litem.
 21  6    (2)  To a parent or the attorney for the parent of a child
 21  7 named in a report as a victim of abuse harm.
 21  8    (3)  To a guardian or legal custodian, or that person's at-
 21  9 torney, of a child named in a report as a victim of abuse
 21 10 harm.
 21 11    (4)  To a person or the attorney for the person named in a
 21 12 report as having abused caused harm to a child.
 21 13    b.  Persons involved in an investigation assessment of a
 21 14 report of harm to a child abuse as follows:
 21 15    (1)  To a health practitioner or mental health professional
 21 16 who is examining, attending, or treating a child whom such
 21 17 practitioner or professional believes or has reason to believe
 21 18 has been the victim of abuse harm or to a health practitioner
 21 19 or mental health professional whose consultation with respect
 21 20 to a child believed to have been the victim of abuse harm is
 21 21 requested by the department.
 21 22    (2)  To an employee or agent of the department of human
 21 23 services responsible for the investigation assessment of a
 21 24 child abuse report of harm to a child.
 21 25    (3)  To a law enforcement officer responsible for assisting
 21 26 in an investigation of a child abuse an allegation of harm to
 21 27 a child or for the temporary emergency removal of a child from
 21 28 the child's home.
 21 29    (4)  To a multidisciplinary team, if the department of
 21 30 human services approves the composition of the
 21 31 multidisciplinary team and determines that access to the team
 21 32 is necessary to assist the department in the investigation,
 21 33 diagnosis, assessment, and disposition of a report of harm to
 21 34 a child abuse case.
 21 35    (5)  In an individual case, to the mandatory reporter who
 22  1 reported the harm to a child abuse.
 22  2    c.  Individuals, agencies, or facilities providing care to
 22  3 a child as follows:
 22  4    (1)  To a licensing authority for a facility providing care
 22  5 to a child named in a report, if the licensing authority is
 22  6 notified of a relationship between facility policy and the
 22  7 report of harm to the child abuse under section 232.71,
 22  8 subsection 4.
 22  9    (2)  To an authorized person or agency responsible for the
 22 10 care or supervision of a child named in a report as a victim
 22 11 of abuse harm or a person named in a report as having abused
 22 12 caused harm to a child, if the juvenile court or registry
 22 13 deems access to child abuse information by such the person or
 22 14 agency to be necessary.
 22 15    (3)  To an employee or agent of the department of human
 22 16 services responsible for registering or licensing or approving
 22 17 the registration or licensing of an agency or facility, or to
 22 18 an individual providing care to a child and regulated by the
 22 19 department.
 22 20    (4)  To an employee of the department of human services
 22 21 responsible for an adoptive placement, a certified adoption
 22 22 investigator, or licensed child placing agency responsible for
 22 23 an adoptive placement.
 22 24    (5)  To an administrator of a psychiatric medical
 22 25 institution for children licensed under chapter 135H.
 22 26    (6)  To an administrator of a child foster care facility
 22 27 licensed under chapter 237 if the information concerns a
 22 28 person employed or being considered for employment by the
 22 29 facility.
 22 30    (7)  To an administrator of a child day care facility
 22 31 registered or licensed under chapter 237A if the information
 22 32 concerns a person employed or being considered for employment
 22 33 by or living in the facility.
 22 34    (8)  To the superintendent of the Iowa braille and sight
 22 35 saving school if the information concerns a person employed or
 23  1 being considered for employment or living in the school.
 23  2    (9)  To the superintendent of the school for the deaf if
 23  3 the information concerns a person employed or being considered
 23  4 for employment or living in the school.
 23  5    (10)  To an administrator of a community mental health
 23  6 center accredited under chapter 230A if the information
 23  7 concerns a person employed or being considered for employment
 23  8 by the center.
 23  9    (11)  To an administrator of a facility or program operated
 23 10 by the state, a city, or a county which provides services or
 23 11 care directly to children, if the information concerns a
 23 12 person employed by or being considered for employment by the
 23 13 facility or program.
 23 14    (12)  To an administrator of an agency certified by the
 23 15 department of human services to provide services under a
 23 16 medical assistance home and community-based services waiver,
 23 17 if the information concerns a person employed by or being
 23 18 considered by the agency for employment.
 23 19    d.  Relating to judicial and administrative proceedings as
 23 20 follows:
 23 21    (1)  To a juvenile court involved in an adjudication or
 23 22 disposition of a child named in a report.
 23 23    (2)  To a district court upon a finding that information is
 23 24 necessary for the resolution of an issue arising in any phase
 23 25 of a case involving harm to a child or child abuse.
 23 26    (3)  To a court or administrative agency hearing an appeal
 23 27 for correction of child abuse information as provided in
 23 28 section 235A.19.
 23 29    (4)  To an expert witness at any stage of an appeal
 23 30 necessary for correction of child abuse information as
 23 31 provided in section 235A.19.
 23 32    (5)  To a probation or parole officer, juvenile court
 23 33 officer, or adult correctional officer having custody or
 23 34 supervision of, or conducting an investigation for a court or
 23 35 the board of parole regarding, a person named in a report as a
 24  1 victim of harm to a child abuse or as having abused caused
 24  2 harm to a child.
 24  3    Sec. 21.  Section 235A.15, subsection 2, paragraph e,
 24  4 subparagraph (1), Code Supplement 1995, is amended to read as
 24  5 follows:
 24  6    (1)  To a person conducting bona fide research on child
 24  7 abuse, but without information identifying individuals named
 24  8 in a child abuse report of harm to a child, unless having that
 24  9 information open to review is essential to the research or
 24 10 evaluation and the authorized registry officials give prior
 24 11 written approval and the child, the child's guardian or
 24 12 guardian ad litem and the person named in a report as having
 24 13 abused caused harm to a child give permission to release the
 24 14 information.
 24 15    Sec. 22.  Section 235A.15, subsections 3 and 4, Code
 24 16 Supplement 1995, are amended to read as follows:
 24 17    3.  Access to unfounded child abuse information report data
 24 18 whether placed in the registry or retained by the department
 24 19 is authorized only to those persons identified in subsection
 24 20 2, paragraph "a", paragraph "b", subparagraphs (2) and (5),
 24 21 and paragraph "e", subparagraph (2), and to the department of
 24 22 justice for purposes of the crime victim compensation program
 24 23 in accordance with section 912.10.
 24 24    4.  Access to founded child abuse information disposition
 24 25 data is authorized to the department of personnel or to the
 24 26 personnel office of a public employer, as defined in section
 24 27 20.3, as necessary for presentation in grievance or
 24 28 arbitration procedures provided for in sections 19A.14 and
 24 29 20.18.  Child abuse information Disposition data introduced
 24 30 into a grievance or arbitration proceeding shall not be
 24 31 considered a part of the public record of a case.
 24 32    If a child who is a legal resident of another state is
 24 33 present in this state and a report of child abuse harm is made
 24 34 concerning the child, the department shall act to ensure the
 24 35 safety of the child.  The department shall contact the child's
 25  1 state of legal residency to coordinate the investigation or
 25  2 assessment of the report.  If the child's state of residency
 25  3 refuses to conduct an investigation or to perform an
 25  4 assessment, the department shall commence perform an
 25  5 appropriate investigation assessment.
 25  6    If a report of harm to a child abuse is made concerning an
 25  7 a person alleged perpetrator to have caused the harm who
 25  8 resides in this state and a child who resides in another
 25  9 state, the department shall assist the child's state of
 25 10 residency in conducting an investigation or performing an
 25 11 assessment of the report.  The assistance shall include but is
 25 12 not limited to an offer to interview the alleged perpetrator
 25 13 person and any other relevant source.  If the child's state of
 25 14 residency refuses to conduct an investigation or perform an
 25 15 assessment of the report, the department shall commence an
 25 16 appropriate investigation or perform an assessment.  The
 25 17 department shall seek to develop protocols with states
 25 18 contiguous to this state for coordination in the investigation
 25 19 or assessment of a report of harm to a child abuse when a
 25 20 person involved with the report is a resident of another
 25 21 state.
 25 22    Sec. 23.  Section 235A.17, subsection 2, Code 1995, is
 25 23 amended to read as follows:
 25 24    2.  The department of human services may notify orally the
 25 25 mandatory reporter in an individual child abuse case of a
 25 26 report of harm to a child of the results of the case
 25 27 investigation assessment and of the confidentiality provisions
 25 28 of sections 235A.15 and 235A.21.  The department shall
 25 29 subsequently transmit a written notice to the mandatory
 25 30 reporter of the results and confidentiality provisions.  A
 25 31 copy of the written notice shall be transmitted to the
 25 32 registry and shall be maintained by the registry as provided
 25 33 in section 235A.18.
 25 34    Sec. 24.  Section 235A.18, Code Supplement 1995, is amended
 25 35 to read as follows:
 26  1    235A.18  SEALING AND EXPUNGEMENT OF CHILD ABUSE
 26  2 INFORMATION.
 26  3    1.  Child abuse information Only information relating to a
 26  4 harm to a child determined by the department of human services
 26  5 to be substantiated child abuse in accordance with section
 26  6 232.71 shall be maintained as child abuse information on the
 26  7 registry.  Disposition data relating to a particular case of
 26  8 suspected substantiated child abuse shall be sealed ten years
 26  9 after the receipt of the initial report of such abuse harm to
 26 10 a child by the registry unless good cause be shown why the
 26 11 information should remain open to authorized access.  If a
 26 12 subsequent report of a suspected case of harm to a child abuse
 26 13 involving the child named in the initial report as the victim
 26 14 of abuse harm or a person named in such the initial report as
 26 15 having abused harmed a child is received by placed on the
 26 16 registry within this ten-year period, the information shall be
 26 17 sealed ten years after receipt of the subsequent report unless
 26 18 good cause be shown why the information should remain open to
 26 19 authorized access.  The information shall be expunged eight
 26 20 years after the date the information was sealed.
 26 21    2.  Child abuse information which cannot be determined by a
 26 22 preponderance of the evidence to be founded or unfounded shall
 26 23 be sealed one year after the receipt of the initial report of
 26 24 abuse and expunged five years after the date it was sealed.
 26 25 Child abuse information which is determined by a preponderance
 26 26 of the evidence to be unfounded shall be expunged when it is
 26 27 determined to be unfounded.  A report shall be determined to
 26 28 be unfounded as a result of any of the following:
 26 29    a.  The investigation of a report of suspected child abuse
 26 30 by the department.
 26 31    b.  A successful appeal as provided in section 235A.19.
 26 32    c.  A court finding by a juvenile or district court.
 26 33    The juvenile or district court and county attorney shall
 26 34 expunge child abuse information upon notice from the registry.
 26 35    3.  However, if a correction of child abuse information is
 27  1 requested under section 235A.19 and the issue is not resolved
 27  2 at the end of the one-year period, the information shall be
 27  3 retained until the issue is resolved and if the child abuse
 27  4 information is not determined to be founded, the information
 27  5 shall be expunged at the appropriate time under subsection 2.
 27  6    4. 3.  The registry, at least once a year, shall review and
 27  7 determine the current status of child abuse reports quantity
 27  8 and types of assessments of harm to a child determined to be
 27  9 substantiated child abuse which are have been transmitted or
 27 10 made to the registry after July 1, 1974, which are at least
 27 11 one year old and in connection with which no investigatory
 27 12 report has been filed by the department of human services
 27 13 pursuant to section 232.71.  If no such investigatory report
 27 14 has been filed, the registry shall request the department of
 27 15 human services to file a report.  In the event a report is not
 27 16 filed within ninety days subsequent to such a request, the
 27 17 report and information relating thereto shall be sealed and
 27 18 remain sealed unless good cause be shown why the information
 27 19 should remain open to authorized access.
 27 20    4.  Child abuse information placed on the registry before
 27 21 July 1, 1996, which a review by the department in accordance
 27 22 with the provisions of section 232.71, subsection 7, indicates
 27 23 would not be placed in the registry as substantiated child
 27 24 abuse shall be expunged from the registry.  A review shall be
 27 25 performed under any of the following circumstances:
 27 26    a.  The review is requested by the subject of a report as
 27 27 identified in section 235A.15, subsection 2, paragraph "a".
 27 28    b.  The department performs the review while performing a
 27 29 registry check for a person authorized access to information
 27 30 on the registry under section 235A.15.
 27 31    Sec. 25.  Section 235A.19, subsections 1, 2, 3, 5, and 6,
 27 32 Code Supplement 1995, are amended to read as follows:
 27 33    1.  A subject of a child abuse report of harm to a child,
 27 34 as identified in section 235A.15, subsection 2, paragraph "a",
 27 35 shall have the right to examine child abuse information in the
 28  1 registry or in a written assessment under section 232.71 which
 28  2 refers to the subject.  The registry may prescribe reasonable
 28  3 hours and places of examination.
 28  4    2.  a.  A subject of a child abuse report of harm to a
 28  5 child may file with the department within six months of the
 28  6 date of the notice of the results of an investigation
 28  7 assessment required by section 232.71, subsection 7, a written
 28  8 statement to the effect that child abuse information or the
 28  9 assessment referring to the subject is in whole or in part
 28 10 erroneous, and may request a correction of that information or
 28 11 of the findings determinations of the investigation report
 28 12 assessment.  The department shall provide the subject with an
 28 13 opportunity for an evidentiary hearing pursuant to chapter 17A
 28 14 to correct the information or the findings, unless the
 28 15 department corrects the information or findings as requested.
 28 16 The department shall delay the expungement of information
 28 17 which is not determined to be founded until the conclusion of
 28 18 a proceeding to correct the information or findings.  The
 28 19 department may defer the hearing until the conclusion of a
 28 20 pending juvenile or district court case relating to the
 28 21 information or findings.
 28 22    b.  The department shall not disclose any child abuse
 28 23 information until the conclusion of the proceeding to correct
 28 24 the information or findings, except as follows:
 28 25    (1)  As necessary for the proceeding itself.
 28 26    (2)  To the parties and attorneys involved in a judicial
 28 27 proceeding.
 28 28    (3)  For the regulation of child care or child placement.
 28 29    (4)  Pursuant to court order.
 28 30    (5)  To the subject of an investigation the child abuse
 28 31 information or a report an assessment.
 28 32    (6)  For the care or treatment of a child named in a report
 28 33 as a victim of abuse harm.
 28 34    (7)  To persons involved in an investigation assessment of
 28 35 a report of harm to a child abuse.
 29  1    3.  The subject of a child abuse report of harm to a child
 29  2 may appeal the decision resulting from a hearing held pursuant
 29  3 to subsection 2 to the district court of Polk county or to the
 29  4 district court of the district in which the subject of the
 29  5 child abuse report resides.  Immediately upon appeal the court
 29  6 shall order the department to file with the court a certified
 29  7 copy of the child abuse information or of the assessment.
 29  8 Appeal shall be taken in accordance with chapter 17A.
 29  9    5.  Whenever the registry department corrects or eliminates
 29 10 information as requested or as ordered by the court, the
 29 11 registry department shall advise all persons who have received
 29 12 the incorrect information of such fact.  Upon application to
 29 13 the court and service of notice on the registry, any subject
 29 14 of a child abuse report of harm to a child may request and
 29 15 obtain a list of all persons who have received child abuse
 29 16 information or assessment referring to the subject.
 29 17    6.  In the course of any proceeding provided for by this
 29 18 section, the identity of the person who reported the disputed
 29 19 information and the identity of any person who has been
 29 20 reported as having abused caused harm to a child may be
 29 21 withheld upon a determination by the registry department that
 29 22 disclosure of their identities would be detrimental to their
 29 23 interests.
 29 24    Sec. 26.  Section 280.17, Code 1995, is amended to read as
 29 25 follows:
 29 26    280.17  PROCEDURES FOR HANDLING CHILD ABUSE REPORTS OF HARM
 29 27 TO A CHILD.
 29 28    The board of directors of a public school and the
 29 29 authorities in control of a nonpublic school shall prescribe
 29 30 procedures, in accordance with the guidelines contained in the
 29 31 model policy developed by the department of education in
 29 32 consultation with the department of human services, and
 29 33 adopted by the department of education pursuant to chapter
 29 34 17A, for the handling of reports of child abuse harm to a
 29 35 child, as defined in section 232.68, subsection 2 2A,
 30  1 paragraph "a", "b", or "d", alleged to have been committed by
 30  2 an employee or agent of the public or nonpublic school.
 30  3    Sec. 27.  Section 910A.16, subsection 3, Code 1995, is
 30  4 amended to read as follows:
 30  5    3.  Such a professional shall notify the victim if the pro-
 30  6 fessional is required to report an incidence of harm to a
 30  7 child abuse involving the victim pursuant to section 232.69.
 30  8    Sec. 28.  REPEAL.  Section 232.71A, Code Supplement 1995,
 30  9 is repealed.  
 30 10                           EXPLANATION
 30 11    This bill relates to child protection by revising
 30 12 definitions, reporting, and other child protection
 30 13 requirements.  Current law providing for an investigation by
 30 14 the department of human services upon receipt of a report of
 30 15 suspected child abuse is replaced with a requirement for
 30 16 performance of an assessment.
 30 17    The provisions of current law used to define the term
 30 18 "child abuse" are instead used to define the term "harm" to a
 30 19 child.  If the department receives a valid report of harm to a
 30 20 child from a required reporter, an assessment is performed for
 30 21 purposes of protecting the child and determining if there are
 30 22 service needs for the child's family.  The assessment approach
 30 23 is in current law as a pilot project under section 232.71A.
 30 24 The department is directed to make referrals to the county
 30 25 attorney and juvenile court if the department believes
 30 26 juvenile court action is warranted or if the case is
 30 27 determined to constitute substantiated child abuse.
 30 28    Conforming amendments are made to change references to
 30 29 "child abuse" to "harm" to a child.  The definition of child
 30 30 abuse is revised to mean harm to a child that has been
 30 31 determined to be of a serious nature in accordance with
 30 32 criteria in the bill, worthy of placement on the central abuse
 30 33 registry.
 30 34    Child abuse registry provisions are amended to remove
 30 35 investigation data from coverage under the registry.  In
 31  1 addition, references to the term "founded child abuse" are
 31  2 revised to instead refer to "substantiated child abuse".
 31  3 References to "unfounded" or "undetermined" child abuse are
 31  4 stricken as these categories of information would not be
 31  5 included in the central registry.
 31  6    The department is directed to perform a review of child
 31  7 abuse information placed in the registry prior to July 1,
 31  8 1996, upon request of a subject of a child abuse report or
 31  9 while performing a child abuse registry check.  If the review
 31 10 indicates the information would no longer be placed in the
 31 11 registry in accordance with the criteria of the bill, the
 31 12 information is to be expunged.
 31 13    Conforming amendments are made in references to child abuse
 31 14 under certain education chapters and the crime victim
 31 15 assistance chapter.  Section 232.71A, relating to pilot
 31 16 projects for child abuse assessments, is repealed.  
 31 17 LSB 4321SC 76
 31 18 jp/jj/8

Text: SSB02325                          Text: SSB02327
Text: SSB02300 - SSB02399               Text: SSB Index
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