Text: H01795                            Text: H01797
Text: H01700 - H01799                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 1796

Amendment Text

PAG LIN
  1  1    Amend House File 698, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by inserting before line 3 the
  1  4 following:
  1  5    "Sec.    .  Section 232.68, unnumbered paragraph 1,
  1  6 Code 1997, is amended to read as follows:
  1  7    The definitions in section 235A.13 are applicable
  1  8 to this part 2 of division III.  As used in sections
  1  9 232.67 through 232.77 and 235A.12 through 235A.23,
  1 10 unless the context otherwise requires:"
  1 11    #2.  Page 1, by striking lines 33 and 34 and
  1 12 inserting the following:  "correct the information
  1 13 report data and disposition data pursuant to section
  1 14 235A.19, and of the procedures to correct the
  1 15 information data.  The juvenile court".
  1 16    #3.  Page 3, by striking line 19 and inserting the
  1 17 following:  "injury was not minor or was not isolated
  1 18 or is likely to reoccur."
  1 19    #4.  Page 3, line 24, by striking the word
  1 20 "another" and inserting the following:  "a prior".
  1 21    #5.  Page 4, by striking line 10 and inserting the
  1 22 following:  "injury was not minor or was not isolated
  1 23 or is likely to reoccur, in".
  1 24    #6.  Page 5, line 3, by inserting after the word
  1 25 "department" the following:  "of human services and
  1 26 the department of inspections and appeals".
  1 27    #7.  Page 5, by inserting after line 11 the
  1 28 following:
  1 29    "(11)  The Iowa braille and sight saving school and
  1 30 the Iowa school for the deaf controlled by the state
  1 31 board of regents."
  1 32    #8.  Page 5, line 16, by striking the words "child
  1 33 abuse information is" and inserting the following:
  1 34 "report data and disposition data are".
  1 35    #9.  Page 5, by striking lines 21 through 25 and
  1 36 inserting the following:
  1 37    "4.  a.  The confidentiality of all of the
  1 38 following shall be maintained in accordance with
  1 39 section 217.30:
  1 40    (1)  Investigation or assessment data.
  1 41    (2)  Information pertaining to an allegation of
  1 42 child abuse for which there was no investigation or
  1 43 assessment performed.
  1 44    (3)  Information pertaining to an allegation of
  1 45 child abuse which was determined to not meet the
  1 46 definition of child abuse.  Individuals identified in
  1 47 section 235A.15, subsection 4, are authorized to have
  1 48 access to such information under section 217.30.
  1 49    (4)  Report data and disposition data pertaining to
  1 50 an allegation of child abuse determined to meet the
  2  1 definition of child abuse which is not subject to
  2  2 placement in the central registry.  Individuals
  2  3 identified in section 235A.15, subsection 3, are
  2  4 authorized to have access to such data under section
  2  5 217.30.
  2  6    b.  The confidentiality of report data and
  2  7 disposition data pertaining to an allegation of child
  2  8 abuse determined to meet the definition of child abuse
  2  9 which is subject to placement in the central registry,
  2 10 shall be maintained as provided in chapter 235A."
  2 11    #10.  Page 5, by inserting before line 26 the
  2 12 following:
  2 13    "Sec. ___.  Section 235A.13, Code 1997, is amended
  2 14 by adding the following new subsection:
  2 15    NEW SUBSECTION.  2A.  "Department" means the
  2 16 department of human services.
  2 17    Sec.    .  Section 235A.13, subsections 1, 6, and
  2 18 8, Code 1997, are amended to read as follows:
  2 19    1.  "Child abuse information" means any or all of
  2 20 the following data maintained by the department in a
  2 21 manual or automated data storage system and
  2 22 individually identified:
  2 23    a.  Report data.
  2 24    b.  Investigation or assessment data.
  2 25    c.  Disposition data.
  2 26    6.  "Investigation or assessment data" means any of
  2 27 the following information pertaining to the
  2 28 department's evaluation of report data, including a
  2 29 family:
  2 30    a.  Additional information as to the nature, extent
  2 31 and cause of the injury, and the identity of persons
  2 32 responsible therefor.
  2 33    b.  The names and conditions of other children in
  2 34 the home.
  2 35    c.  The child's home environment and relationships
  2 36 with parents or others responsible for the child's
  2 37 care.
  2 38    a.  Identification of the strengths and needs of
  2 39 the child, and of the child's parent, home, and
  2 40 family.
  2 41    b.  Identification of services available from the
  2 42 department and informal and formal services and other
  2 43 support available in the community to meet identified
  2 44 strengths and needs.
  2 45    8.  "Report data" means any of the following
  2 46 information pertaining to any occasion involving or
  2 47 reasonably believed to involve an investigation or
  2 48 assessment of an allegation of child abuse, including
  2 49 in which the department has determined the alleged
  2 50 child abuse meets the definition of child abuse:
  3  1    a.  The name and address of the child and the
  3  2 child's parents or other persons responsible for the
  3  3 child's care.
  3  4    b.  The age of the child.
  3  5    c.  The nature and extent of the injury, including
  3  6 evidence of any previous injury.
  3  7    d.  Any other Additional information believed to be
  3  8 helpful in establishing as to the nature, extent, and
  3  9 cause of the injury, and the identity of the person or
  3 10 persons alleged to be responsible therefor for the
  3 11 injury.
  3 12    e.  The names and conditions of other children in
  3 13 the child's home.
  3 14    f.  Any other information believed to be helpful in
  3 15 establishing the information in paragraph "d".
  3 16    Sec.    .  Section 235A.14, subsection 6, Code
  3 17 1997, is amended to read as follows
  3 18    6.  The central registry shall include but not be
  3 19 limited to report data, investigation data and
  3 20 disposition data which is subject to placement in the
  3 21 central registry under section 232.71D.  The central
  3 22 registry shall not include assessment data."
  3 23    #11.  Page 5, line 33, by striking the words "child
  3 24 abuse information" and inserting the following:
  3 25 "child abuse information".
  3 26    #12.  Page 5, line 34, by striking the word "is"
  3 27 and inserting the following:  "is report data and
  3 28 disposition data subject to placement in the central
  3 29 registry pursuant to section 232.71D are".
  3 30    #13.  Page 6, line 10, by inserting after the word
  3 31 "investigation" the following:  "or assessment".
  3 32    #14.  Page 6, line 20, by inserting after the word
  3 33 "investigation" the following:  "or assessment".
  3 34    #15.  Page 7, lines 6 and 7, by striking the words
  3 35 "child abuse information" and inserting the following:
  3 36 "report data and disposition data".
  3 37    #16.  Page 7, line 9, by inserting after the word
  3 38 "data" the following:  "and, if authorized in law to
  3 39 the extent necessary for purposes of an employment
  3 40 evaluation, report data,".
  3 41    #17.  Page 7, by striking lines 21 through 29 and
  3 42 inserting the following:
  3 43    "(3)  To an employee or agent of the department of
  3 44 human services responsible for registering or
  3 45 licensing or approving the registration or licensing
  3 46 of an agency or facility, or to an individual
  3 47 providing care to a child and regulated by the
  3 48 department.
  3 49    (4)  To an employee of the department of human
  3 50 services responsible for an adoptive placement, a
  4  1 certified adoption investigator, or licensed child
  4  2 placing agency responsible for an adoptive placement."
  4  3    #18.  Page 7, line 30, by striking the figure "3"
  4  4 and inserting the following:  "1".
  4  5    #19.  Page 7, line 32, by striking the figure "4"
  4  6 and inserting the following:  "2".
  4  7    #20.  Page 7, line 33, by striking the word
  4  8 "information" and inserting the following:
  4  9 "information data".
  4 10    #21.  Page 8, line 1, by striking the figure "5"
  4 11 and inserting the following:  "3".
  4 12    #22.  Page 8, line 2, by striking the word
  4 13 "information" and inserting the following:
  4 14 "information data".
  4 15    #23.  Page 8, line 5, by striking the figure "6"
  4 16 and inserting the following:  "4".
  4 17    #24.  Page 8, line 6, by striking the word
  4 18 "information" and inserting the following:
  4 19 "information data".
  4 20    #25.  Page 8, line 9, by striking the figure "7"
  4 21 and inserting the following:  "5".
  4 22    #26.  Page 8, line 10, by striking the word
  4 23 "information" and inserting the following:
  4 24 "information data".
  4 25    #27.  Page 8, line 12, by striking the figure "8"
  4 26 and inserting the following:  "6".
  4 27    #28.  Page 8, line 13, by striking the word
  4 28 "information" and inserting the following:
  4 29 "information data".
  4 30    #29.  Page 8, line 16, by striking the figure "9"
  4 31 and inserting the following:  "7".
  4 32    #30.  Page 8, line 18, by striking the word
  4 33 "information" and inserting the following:
  4 34 "information data".
  4 35    #31.  Page 8, line 21, by striking the figure "10"
  4 36 and inserting the following:  "8".
  4 37    #32.  Page 8, line 24, by striking the word
  4 38 "information" and inserting the following:
  4 39 "information data".
  4 40    #33.  Page 8, line 26, by striking the figure "11"
  4 41 and inserting the following:  "9".
  4 42    #34.  Page 8, line 29, by striking the word
  4 43 "information" and inserting the following:
  4 44 "information data".
  4 45    #35.  Page 8, by inserting after line 30 the
  4 46 following:
  4 47    "(10)  To an administrator of a child day care
  4 48 resource and referral agency which has entered into an
  4 49 agreement authorized by the department to provide
  4 50 child day care resource and referral services.  Access
  5  1 is authorized if the data concerns a person providing
  5  2 child day care services or a person employed by a
  5  3 provider of such services and the agency includes the
  5  4 provider as a referral or the provider has requested
  5  5 to be included as a referral."
  5  6    #36.  Page 8, line 31, by striking the word
  5  7 "Relating" and inserting the following:  "Relating
  5  8 Report data and disposition data, and investigation or
  5  9 assessment data to the extent necessary for resolution
  5 10 of the proceeding, relating".
  5 11    #37.  Page 8, line 35, by striking the word
  5 12 "information" and inserting the following:
  5 13 "information data".
  5 14    #38.  Page 9, line 4, by striking the words "child
  5 15 abuse information" and inserting the following:
  5 16 "child abuse information report data and disposition
  5 17 data".
  5 18    #39.  Page 9, line 7, by striking the words "child
  5 19 abuse information" and inserting the following:
  5 20 "child abuse information report data and disposition
  5 21 data".
  5 22    #40.  Page 9, line 14, by inserting after the word
  5 23 "follows" the following:  ", but only with respect to
  5 24 report data and disposition data for cases of founded
  5 25 child abuse subject to placement in the registry
  5 26 pursuant to section 232.71D".
  5 27    #41.  Page 9, line 16, by striking the word
  5 28 "information" and inserting the following:
  5 29 "information data".
  5 30    #42.  Page 9, line 17, by striking the word
  5 31 "information" and inserting the following:
  5 32 "information data".
  5 33    #43.  Page 9, line 22, by striking the word
  5 34 "information" and inserting the following:
  5 35 "information data".
  5 36    #44.  Page 9, line 26, by striking the word
  5 37 "registry" and inserting the following:  "registry
  5 38 department".
  5 39    #45.  Page 9, line 30, by striking the word
  5 40 "Information" an inserting the following:  "Data".
  5 41    #46.  Page 9, line 33, by inserting after the word
  5 42 "investigating" the following:  "or assessing".
  5 43    #47.  Page 9, line 34, by inserting after the word
  5 44 "investigating" the following:  "or assessing".
  5 45    #48.  Page 10, by striking lines 1 through 3 and
  5 46 inserting the following:
  5 47    "(5)  To a public or licensed child-placing agency
  5 48 of another state responsible for an adoptive or foster
  5 49 care preplacement or placement evaluation."
  5 50    #49.  Page 10, line 4, by striking the figures "(6)
  6  1 (5)" and inserting the following:  "(6)".
  6  2    #50.  Page 10, by striking lines 6 through 11.
  6  3    #51.  Page 10, line 12, by striking the figures
  6  4 "(7) (2)" and inserting the following:  "(7)".
  6  5    #52.  Page 10, line 14, by striking the figures
  6  6 "(8) (3)" and inserting the following:  "(8)".
  6  7    #53.  Page 10, line 18, by striking the figures
  6  8 "(9) (4)" and inserting the following:  "(9)".
  6  9    #54.  Page 10, line 21, by striking the figures
  6 10 "(10) (5)" and inserting the following:  "(10)".
  6 11    #55.  Page 10, line 25, by striking the figures
  6 12 "(11) (6)" and inserting the following:  "(11)".
  6 13    #56.  Page 10, line 31, by striking the figures
  6 14 "(12) (7)" and inserting the following:  "(12)".
  6 15    #57.  By striking page 10, line 34, through page
  6 16 11, line 6, and inserting the following:
  6 17    "(13)  To an administrator of a child day care
  6 18 resource and referral agency which has entered into an
  6 19 agreement authorized by the department to provide
  6 20 child day care resource and referral services.  Access
  6 21 is authorized if the information concerns a person
  6 22 providing child day care services or a person employed
  6 23 by a provider of such services and the agency includes
  6 24 the provider as a referral or the provider has
  6 25 requested to be included as a referral."
  6 26    #58.  Page 11, line 7, by striking the figure "(9)"
  6 27 and inserting the following:  "(13)".
  6 28    #59.  Page 11, by inserting after line 9 the
  6 29 following:
  6 30    "(14)  To an employee or agent of the department
  6 31 responsible for registering or licensing or approving
  6 32 the registration or licensing of an agency or
  6 33 facility, or to an individual providing care to a
  6 34 child and regulated by the department.
  6 35    (15)  To an employee of the department responsible
  6 36 for an adoptive placement, a certified adoption
  6 37 investigator, or licensed child placing agency
  6 38 responsible for an adoptive placement.
  6 39    f.  The following, but only with respect to
  6 40 disposition data for cases of founded child abuse
  6 41 subject to placement in the central registry pursuant
  6 42 to section 232.71D:"
  6 43    #60.  Page 11, line 10, by striking the figure
  6 44 "(10)".
  6 45    #61.  Page 11, line 11, by striking the word
  6 46 "information" and inserting the following:
  6 47 "information data".
  6 48    #62.  Page 11, by inserting after line 20 the
  6 49 following:
  6 50    "3.  Access to report data and disposition data for
  7  1 a case of child abuse determined to meet the
  7  2 definition of child abuse, which data is not subject
  7  3 to placement in the central registry pursuant to
  7  4 section 232.71D, is authorized only to the following
  7  5 persons:
  7  6    a.  Subjects of a report identified in subsection
  7  7 2, paragraph "a".
  7  8    b.  Persons involved in an investigation or
  7  9 assessment of child abuse identified in subsection 2,
  7 10 paragraph "b", subparagraphs (2), (3), (4), (6), (7),
  7 11 and (9).
  7 12    c.  Others identified in subsection 2, paragraph
  7 13 "e", subparagraphs (2), (3), and (6).
  7 14    4.  Access to report data for a case of child abuse
  7 15 determined to not meet the definition of child abuse,
  7 16 which data is not subject to placement in the central
  7 17 registry pursuant to section 232.71D, is authorized
  7 18 only to the following:
  7 19    a.  Subjects of a report identified in subsection
  7 20 2, paragraph "a".
  7 21    b.  Persons involved in an investigation or
  7 22 assessment of child abuse identified in subsection 2,
  7 23 paragraph "b", subparagraphs (2), (6), and (7).
  7 24    c.  Others identified in subsection 2, paragraph
  7 25 "e", subparagraph (2)."
  7 26    #63.  Page 11, by striking line 21 and inserting
  7 27 the following:
  7 28    "3.  Access to founded child abuse information
  7 29 disposition data subject to placement in".
  7 30    #64.  Page 11, line 26, by striking the words
  7 31 "Child abuse information" and inserting the following:
  7 32 "Child abuse information Disposition data".
  7 33    #65.  Page 11, line 33, by inserting after the word
  7 34 "investigation" the following:  "or assessment".
  7 35    #66.  Page 11, line 35, by inserting after the word
  7 36 "investigation" the following:  "or assessment".
  7 37    #67.  Page 12, line 1, by inserting after the word
  7 38 "investigation" the following:  "or assessment".
  7 39    #68.  Page 12, line 5, by inserting after the word
  7 40 "investigation" the following:  "or assessment".
  7 41    #69.  Page 12, line 9, by inserting after the word
  7 42 "investigation" the following:  "or assessment".
  7 43    #70.  Page 12, line 10, by inserting after the word
  7 44 "investigation" the following:  "or assessment".
  7 45    #71.  Page 12, line 12, by inserting after the word
  7 46 "investigation" the following:  "or assessment".
  7 47    #72.  Page 12, line 23, by striking the words
  7 48 "child abuse information has" and inserting the
  7 49 following:  "report data and disposition data have".
  7 50    #73.  Page 12, line 33, by striking the words
  8  1 "Child abuse information" and inserting the following:
  8  2 "Report data and disposition data".
  8  3    #74.  Page 13, line 3, by striking the words "Child
  8  4 abuse information" and inserting the following:
  8  5 "Child abuse information Report and disposition data".
  8  6    #75.  Page 13, line 6, by striking the words "child
  8  7 abuse by information" and inserting the following:
  8  8 "abuse by data".
  8  9    #76.  Page 13, line 7, by striking the word
  8 10 "information" and inserting the following:
  8 11 "information data".
  8 12    #77.  Page 13, line 10, by striking the words
  8 13 "child abuse information" and inserting the following:
  8 14 "data placed in the registry".
  8 15    #78.  Page 13, line 11, by striking the word
  8 16 "information" and inserting the following:  "data".
  8 17    #79.  Page 13, line 13, by striking the word
  8 18 "information" and inserting the following:
  8 19 "information data".
  8 20    #80.  Page 13, line 15, by striking the word
  8 21 "information" and inserting the following:
  8 22 "information data".
  8 23    #81.  Page 13, line 17, by striking the word
  8 24 "Information" and inserting the following:  "Data".
  8 25    #82.  Page 13, line 18, by striking the words "from
  8 26 the central registry".
  8 27    #83.  Page 13, line 19, by striking the word
  8 28 "information" and inserting the following:
  8 29 "information data".
  8 30    #84.  Page 14, by striking lines 5 through 12 and
  8 31 inserting the following:
  8 32    "3.  However, if a correction of child abuse
  8 33 information is requested under section 235A.19 and the
  8 34 issue is not resolved at the end of the one-year
  8 35 period, the information shall be retained until the
  8 36 issue is resolved and if the child abuse information
  8 37 is not determined to be founded, the information shall
  8 38 be expunged at the appropriate time under subsection
  8 39 2.
  8 40    4. 3.  The registry, at least once a year, shall
  8 41 review and".
  8 42    #85.  By striking page 14, line 31, through page
  8 43 15, line 3, and inserting the following:  "information
  8 44 shall be expunged from the central registry.  Child
  8 45 abuse information which is expunged from the central
  8 46 registry under this subsection shall not be retained
  8 47 by the department any longer than the time period in
  8 48 rule for retaining information which is not placed in
  8 49 the central registry, allowing credit for the amount
  8 50 of time the information was held in the central
  9  1 registry.  If the review".
  9  2    #86.  By striking page 15, line 19, through page
  9  3 16, line 11, and inserting the following:
  9  4    "Sec.    .  Section 235A.19, Code 1997, is amended
  9  5 to read as follows:
  9  6    235A.19  EXAMINATION, REQUESTS FOR CORRECTION OR
  9  7 EXPUNGEMENT AND APPEAL.
  9  8    1.  A subject of a child abuse report, as
  9  9 identified in section 235A.15, subsection 2, paragraph
  9 10 "a", shall have the right to examine child abuse
  9 11 information in the registry report data and
  9 12 disposition data which refers to the subject.  The
  9 13 registry department may prescribe reasonable hours and
  9 14 places of examination.
  9 15    2.  a.  A subject of a child abuse report may file
  9 16 with the department within six months of the date of
  9 17 the notice of the results of an investigation required
  9 18 by section 232.71, subsection 7, or an assessment
  9 19 performed in accordance with section 232.71A, a
  9 20 written statement to the effect that child abuse
  9 21 information report data and disposition data referring
  9 22 to the subject is in whole or in part erroneous, and
  9 23 may request a correction of that information data or
  9 24 of the findings of the investigation or assessment
  9 25 report.  The department shall provide the subject with
  9 26 an opportunity for an evidentiary hearing pursuant to
  9 27 chapter 17A to correct the information data or the
  9 28 findings, unless the department corrects the
  9 29 information data or findings as requested.  The
  9 30 department shall delay the expungement of information
  9 31 which is not determined to be founded until the
  9 32 conclusion of a proceeding to correct the information
  9 33 or findings.  The department may defer the hearing
  9 34 until the conclusion of a pending juvenile or district
  9 35 court case relating to the information data or
  9 36 findings.
  9 37    b.  The department shall not disclose any child
  9 38 abuse information report data or disposition data
  9 39 until the conclusion of the proceeding to correct the
  9 40 information data or findings, except as follows:
  9 41    (1)  As necessary for the proceeding itself.
  9 42    (2)  To the parties and attorneys involved in a
  9 43 judicial proceeding.
  9 44    (3)  For the regulation of child care or child
  9 45 placement.
  9 46    (4)  Pursuant to court order.
  9 47    (5)  To the subject of an investigation or
  9 48 assessment or a report.
  9 49    (6)  For the care or treatment of a child named in
  9 50 a report as a victim of abuse.
 10  1    (7)  To persons involved in an investigation or
 10  2 assessment of child abuse.
 10  3    3.  The subject of a child abuse report may appeal
 10  4 the decision resulting from a hearing held pursuant to
 10  5 subsection 2 to the district court of Polk county or
 10  6 to the district court of the district in which the
 10  7 subject of the child abuse report resides.
 10  8 Immediately upon appeal the court shall order the
 10  9 department to file with the court a certified copy of
 10 10 the child abuse information report data or disposition
 10 11 data.  Appeal shall be taken in accordance with
 10 12 chapter 17A.
 10 13    4.  Upon the request of the appellant, the record
 10 14 and evidence in such cases shall be closed to all but
 10 15 the court and its officers, and access thereto to the
 10 16 record and evidence shall be prohibited unless
 10 17 otherwise ordered by the court.  The clerk shall
 10 18 maintain a separate docket for such actions.  No A
 10 19 person other than the appellant shall not permit a
 10 20 copy of any of the testimony or pleadings or the
 10 21 substance thereof of the testimony or pleadings to be
 10 22 made available to any person other than a party to the
 10 23 action or the party's attorney.  Violation of the
 10 24 provisions of this subsection shall be a public
 10 25 offense punishable under section 235A.21.
 10 26    5.  Whenever the registry department corrects or
 10 27 eliminates information data as requested or as ordered
 10 28 by the court, the registry department shall advise all
 10 29 persons who have received the incorrect information
 10 30 data of such fact.  Upon application to the court and
 10 31 service of notice on the registry department, any
 10 32 subject of a child abuse report may request and obtain
 10 33 a list of all persons who have received child abuse
 10 34 information report data or disposition data referring
 10 35 to the subject.
 10 36    6.  In the course of any proceeding provided for by
 10 37 this section, the identity of the person who reported
 10 38 the disputed information data and the identity of any
 10 39 person who has been reported as having abused a child
 10 40 may be withheld upon a determination by the registry
 10 41 department that disclosure of their identities would
 10 42 be detrimental to their interests.
 10 43    Sec. ___.  Section 235A.20, Code 1997, is amended
 10 44 to read as follows:
 10 45    235A.20  CIVIL REMEDY.
 10 46    Any aggrieved person may institute a civil action
 10 47 for damages under chapter 669 or 670 or to restrain
 10 48 the dissemination of child abuse information in
 10 49 violation of this chapter, and any person, agency or
 10 50 other recipient proven to have disseminated or to have
 11  1 requested and received child abuse information in
 11  2 violation of this chapter, or any employee of the
 11  3 department who destroys investigation or assessment
 11  4 data except in accordance with rule as established by
 11  5 the department for retention of child abuse
 11  6 information under section 235A.18 shall be liable for
 11  7 actual damages and exemplary damages for each
 11  8 violation and shall be liable for court costs,
 11  9 expenses, and reasonable attorney's fees incurred by
 11 10 the party bringing the action.  In no case shall the
 11 11 award for damages be less than one hundred dollars.
 11 12    Sec. ___.  Section 235A.21, subsection 1, Code
 11 13 1997, is amended to read as follows:
 11 14    1.  Any person who willfully requests, obtains, or
 11 15 seeks to obtain child abuse information under false
 11 16 pretenses, or who willfully communicates or seeks to
 11 17 communicate child abuse information to any agency or
 11 18 person except in accordance with sections 235A.15 and
 11 19 235A.17, or any person connected with any research
 11 20 authorized pursuant to section 235A.15 who willfully
 11 21 falsifies child abuse information or any records
 11 22 relating thereto to child abuse information, or any
 11 23 employee of the department who destroys investigation
 11 24 or assessment data except in accordance with rule as
 11 25 established by the department for retention of child
 11 26 abuse information under section 235A.18 is guilty of a
 11 27 serious misdemeanor.  Any person who knowingly, but
 11 28 without criminal purposes, communicates or seeks to
 11 29 communicate child abuse information except in
 11 30 accordance with sections 235A.15 and 235A.17 shall be
 11 31 guilty of a simple misdemeanor."
 11 32    #87.  Page 16, by inserting after line 31 the
 11 33 following:
 11 34    "Sec.    .  1997 Iowa Acts, Senate File 176,
 11 35 section 2, if enacted, is amended by striking the
 11 36 section and inserting in lieu thereof the following:
 11 37    SEC. 2.  Section 232.70, Code 1997, is amended by
 11 38 adding the following new subsection:
 11 39    NEW SUBSECTION.  7.  If a report would be
 11 40 determined to constitute an allegation of child abuse
 11 41 as defined under section 232.68, subsection 2,
 11 42 paragraph "c" or "e", except that the suspected abuse
 11 43 resulted from the acts or omissions of a person other
 11 44 than a person responsible for the care of the child,
 11 45 the department shall refer the report to the
 11 46 appropriate law enforcement agency having jurisdiction
 11 47 to investigate the allegation.  The department shall
 11 48 refer the report orally as soon as practicable and in
 11 49 writing within seventy-two hours of receiving the
 11 50 report.
 12  1    Sec.    .  1997 Iowa Acts, Senate File 230,
 12  2 sections 14, 15, and 16 amending section 235A.15, if
 12  3 enacted, are repealed.
 12  4    Sec.    .  1997 Iowa Acts, Senate File 230,
 12  5 sections 18 and 19, amending section 235A.18, Code
 12  6 1997, if enacted, are repealed.
 12  7    Sec.    .  1997 Iowa Acts, Senate File 230, section
 12  8 20, amending section 235A.19, subsection 2, paragraph
 12  9 a, if enacted, is repealed."
 12 10    #88.  Page 16, line 32, by inserting before the
 12 11 word "REGISTRY" the following:  "RETROACTIVE".
 12 12    #89.  Page 17, line 4, by striking the figure "2"
 12 13 and inserting the following:  "3".
 12 14    #90.  Page 17, line 14, by inserting before the
 12 15 word "child" the following:  "experienced parents from
 12 16 families of various sizes and with children of various
 12 17 ages and".
 12 18    #91.  Page 17, by inserting after line 22 the
 12 19 following:
 12 20    "Sec.    .  EVALUATION.  It is the intent of the
 12 21 general assembly that the department of human services
 12 22 will seek funding for the fiscal year beginning July
 12 23 1, 1998, and ending June 30, 1999, for an independent
 12 24 evaluation of the changes implemented in the state's
 12 25 child protection system pursuant to the enactments of
 12 26 the Seventy-seventh General Assembly, 1997 Session.
 12 27 The evaluation should be conducted during the fiscal
 12 28 year beginning July 1, 1998, for submission to the
 12 29 governor and general assembly during the 1999
 12 30 legislative session.  The evaluation should include
 12 31 but is not limited to a determination of whether the
 12 32 system changes have improved the safety of children
 12 33 and the support of families in the community, and
 12 34 should identify indicators of increased community
 12 35 involvement in child protection."
 12 36    #92.  Page 17, line 32, by striking the words
 12 37 "child abuse information" and inserting the following:
 12 38 "report data or disposition data".
 12 39    #93.  Page 17, line 34, by striking the word
 12 40 "information" and inserting the following:  "data".
 12 41    #94.  By striking page 17, line 35, through page
 12 42 18, line 4, and inserting the following:
 12 43    "Sec. ___.  Section 232.71D, subsection 1, as
 12 44 enacted by this Act, is amended to read as follows:
 12 45    1.  The requirements of this section shall apply to
 12 46 child abuse information in the report of an
 12 47 investigation performed in accordance with section
 12 48 232.71 or in the report of relating to a report of
 12 49 child abuse and to an assessment performed in
 12 50 accordance with section 232.71A 232.71B.
 13  1    Sec. ___.  Section 232.71D, subsection 5, paragraph
 13  2 a, subparagraphs (1) and (2), Code 1997, as enacted by
 13  3 this Act, are amended to read as follows:
 13  4    (1)  Investigation or assessment Assessment data.
 13  5    (2)  Information pertaining to an allegation of
 13  6 child abuse for which there was no investigation or
 13  7 assessment performed.
 13  8    Sec.    .  Section 235A.13, unnumbered paragraph 1,
 13  9 Code 1997, is amended to read as follows:
 13 10    As used in chapter 232, division III, part 2, and
 13 11 sections 235A.13 to 235A.23, unless the context
 13 12 otherwise requires:
 13 13    Sec. ___.  Section 235A.13, subsection 1, paragraph
 13 14 b, Code 1997, as amended by this Act, is amended to
 13 15 read as follows:
 13 16    b.  Investigation or assessment Assessment data.
 13 17    Sec.      Section 235A.13, subsection 5, Code 1997,
 13 18 is amended to read as follows:
 13 19    5.  "Individually identified" means any report,
 13 20 investigation assessment, or disposition data which
 13 21 names the person or persons responsible or believed
 13 22 responsible for the child abuse.
 13 23    Sec. ___.  Section 235A.13, subsection 6,
 13 24 unnumbered paragraph 1, Code 1997, as amended by this
 13 25 Act, is amended to read as follows:
 13 26    "Investigation or assessment Assessment data" means
 13 27 any of the following information pertaining to the
 13 28 department's evaluation of a family:
 13 29    Sec. ___.  Section 235A.13, subsection 8,
 13 30 unnumbered paragraph 1, Code 1997, as amended by this
 13 31 Act, is amended to read as follows:
 13 32    "Report data" means any of the following
 13 33 information pertaining to an investigation or
 13 34 assessment of an allegation of child abuse in which
 13 35 the department has determined the alleged child abuse
 13 36 meets the definition of child abuse:
 13 37    Sec.    .  Section 235A.15, subsection 2, paragraph
 13 38 b, unnumbered paragraph 1, Code 1997, as amended by
 13 39 this Act, is amended to read as follows:
 13 40    b.  Persons involved in an investigation assessment
 13 41 of child abuse as follows:
 13 42    Sec. ___.  Section 235A.15, subsection 2, paragraph
 13 43 b, subparagraphs (2), (3), (4), and (8), Code 1997, as
 13 44 amended by this Act, are amended to read as follows:
 13 45    (2)  To an employee or agent of the department of
 13 46 human services responsible for the investigation
 13 47 assessment of a child abuse report.
 13 48    (3)  To a law enforcement officer responsible for
 13 49 assisting in an investigation assessment of a child
 13 50 abuse allegation or for the temporary emergency
 14  1 removal of a child from the child's home.
 14  2    (4)  To a multidisciplinary team, if the department
 14  3 of human services approves the composition of the
 14  4 multidisciplinary team and determines that access to
 14  5 the team is necessary to assist the department in the
 14  6 investigation, diagnosis, assessment, and disposition
 14  7 of a child abuse case.
 14  8    (8)  To a licensing authority for a facility
 14  9 providing care to a child named in a report, if the
 14 10 licensing authority is notified of a relationship
 14 11 between facility policy and the alleged child abuse
 14 12 under section 232.71, subsection 4 232.71B.
 14 13    Sec. ___.  Section 235A.15, subsection 2, paragraph
 14 14 d, unnumbered paragraph 1, Code 1997, as amended by
 14 15 this Act, is amended to read as follows:
 14 16    Report data and disposition data, and investigation
 14 17 or assessment data to the extent necessary for
 14 18 resolution of the proceeding, relating to judicial and
 14 19 administrative proceedings as follows:
 14 20    Sec. ___.  Section 235A.15, subsection 3, paragraph
 14 21 b, Code 1997, as amended by this Act, is amended to
 14 22 read as follows:
 14 23    b.  Persons involved in an investigation or
 14 24 assessment of child abuse identified in subsection 2,
 14 25 paragraph "b", subparagraphs (2), (3), (4), (6), (7),
 14 26 and (9).
 14 27    Sec. ___.  Section 235A.15, subsection 4, paragraph
 14 28 b, Code 1997, as amended by this Act, is amended to
 14 29 read as follows:
 14 30    b.  Persons involved in an investigation or
 14 31 assessment of child abuse identified in subsection 2,
 14 32 paragraph "b", subparagraphs (2), (6), and (7).
 14 33    Sec.    .  Section 235A.15, subsection 6, Code
 14 34 1997, as amended by this Act, is amended to read as
 14 35 follows:
 14 36    6.  a.  If a child who is a legal resident of
 14 37 another state is present in this state and a report of
 14 38 child abuse is made concerning the child, the
 14 39 department shall act to ensure the safety of the
 14 40 child.  The department shall contact the child's state
 14 41 of legal residency to coordinate the investigation
 14 42 assessment of the report.  If the child's state of
 14 43 residency refuses to conduct an investigation, the
 14 44 department shall commence an appropriate investigation
 14 45 assessment.
 14 46    b.  If a report of child abuse is made concerning
 14 47 an alleged perpetrator who resides in this state and a
 14 48 child who resides in another state, the department
 14 49 shall assist the child's state of residency in
 14 50 conducting an investigation assessment of the report.
 15  1 The assistance shall include but is not limited to an
 15  2 offer to interview the alleged perpetrator and any
 15  3 other relevant source.  If the child's state of
 15  4 residency refuses to conduct an investigation of the
 15  5 report, the department shall commence an appropriate
 15  6 investigation assessment.  The department shall seek
 15  7 to develop protocols with states contiguous to this
 15  8 state for coordination in the investigation or
 15  9 assessment of a report of child abuse when a person
 15 10 involved with the report is a resident of another
 15 11 state.
 15 12    Sec. ___.  Section 235A.17, subsection 2, Code
 15 13 1997, as amended by this Act, is amended to read as
 15 14 follows:
 15 15    2.  The department of human services may notify
 15 16 orally the mandatory reporter in an individual child
 15 17 abuse case of the results of the case investigation
 15 18 assessment and of the confidentiality provisions of
 15 19 sections 235A.15 and 235A.21.  The department shall
 15 20 subsequently transmit a written notice to the
 15 21 mandatory reporter of the results and confidentiality
 15 22 provisions.  If the report data and disposition data
 15 23 have been placed in the registry as founded child
 15 24 abuse pursuant to section 232.71D, a copy of the
 15 25 written notice shall be transmitted to the registry
 15 26 and shall be maintained by the registry as provided in
 15 27 section 235A.18.  Otherwise, a copy of the written
 15 28 notice shall be retained by the department with the
 15 29 case file.
 15 30    Sec. ___.  Section 235A.19, subsection 2, paragraph
 15 31 a, Code 1997, as amended by this Act, is amended to
 15 32 read as follows:
 15 33    a.  A subject of a child abuse report may file with
 15 34 the department within six months of the date of the
 15 35 notice of the results of an investigation required by
 15 36 section 232.71, subsection 7, or an assessment
 15 37 performed in accordance with section 232.71A, a
 15 38 written statement to the effect that report data and
 15 39 disposition data referring to the subject is in whole
 15 40 or in part erroneous, and may request a correction of
 15 41 that data or of the findings of the investigation or
 15 42 assessment report.  The department shall provide the
 15 43 subject with an opportunity for an evidentiary hearing
 15 44 pursuant to chapter 17A to correct the data or the
 15 45 findings, unless the department corrects the data or
 15 46 findings as requested.  The department may defer the
 15 47 hearing until the conclusion of a pending juvenile or
 15 48 district court case relating to the data or findings.
 15 49    Sec. ___.  Section 235A.19, subsection 2, paragraph
 15 50 b, subparagraphs (5) and (7), Code 1997, as amended by
 16  1 this Act, are amended to read as follows:
 16  2    (5)  To the subject of an investigation or
 16  3 assessment or a report.
 16  4    (7)  To persons involved in an investigation or
 16  5 assessment of child abuse."
 16  6    #95.  By renumbering as necessary.  
 16  7 HF 698S
 16  8 jp/cc/26
     

Text: H01795                            Text: H01797
Text: H01700 - H01799                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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