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House File 698

Partial Bill History

Bill Text

PAG LIN
  1  1                                          HOUSE FILE 698
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO CHILD ABUSE INFORMATION AND THE CENTRAL REGISTRY
  1  5    FOR CHILD ABUSE INFORMATION MAINTAINED BY THE DEPARTMENT
  1  6    OF HUMAN SERVICES AND PROVIDING AN EFFECTIVE DATE.
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  9 
  1 10                           DIVISION I 
  1 11                      CHILD ABUSE REGISTRY
  1 12    Section 1.  Section 232.68, unnumbered paragraph 1, Code
  1 13 1997, is amended to read as follows:
  1 14    The definitions in section 235A.13 are applicable to this
  1 15 part 2 of division III.  As used in sections 232.67 through
  1 16 232.77 and 235A.12 through 235A.23, unless the context
  1 17 otherwise requires:
  1 18    Sec. 2.  Section 232.70, subsection 4, Code 1997, is
  1 19 amended to read as follows:
  1 20    4.  The Upon receipt of a report the department of human
  1 21 services shall do all of the following:
  1 22    a.  Immediately, upon receipt of an oral report, make a
  1 23 determination as to whether the report constitutes an
  1 24 allegation of child abuse as defined in section 232.68;.
  1 25    b.  Make a report to the central registry if the oral
  1 26 report has been determined to constitute a child abuse
  1 27 allegation;
  1 28    c.  Forward a copy of the written report to the registry;
  1 29 and
  1 30    d. b.  Notify the appropriate county attorney of the
  1 31 receipt of any the report.
  1 32    Sec. 3.  Section 232.71, subsections 7, 8, and 9, Code
  1 33 1997, are amended to read as follows:
  1 34    7.  The department, upon completion of its investigation,
  1 35 shall make a preliminary report of its investigation as
  2  1 required containing the information required by subsection 2.
  2  2 A copy of this report shall be transmitted to juvenile court
  2  3 within four regular working days after the department
  2  4 initially receives the abuse report unless the juvenile court
  2  5 grants an extension of time for good cause shown.  If the
  2  6 preliminary report is not a complete report, a complete report
  2  7 shall be filed within ten working days of the receipt of the
  2  8 abuse report, unless the juvenile court grants an extension of
  2  9 time for good cause shown.  If required under section 232.71D,
  2 10 the report of the investigation shall be placed in the central
  2 11 registry.  The department shall notify a subject of the report
  2 12 of the result of the investigation, of the subject's right to
  2 13 correct the information report data and disposition data
  2 14 pursuant to section 235A.19, and of the procedures to correct
  2 15 the information data.  The juvenile court shall notify the
  2 16 registry department of any action it takes with respect to a
  2 17 suspected case of child abuse.
  2 18    8.  The department of human services shall transmit a copy
  2 19 of the report of its investigation, including actions taken or
  2 20 contemplated, to the registry.  The department of human
  2 21 services shall make periodic follow-up reports thereafter in a
  2 22 manner prescribed by the registry so that the registry is kept
  2 23 up-to-date and fully informed concerning the handling of a
  2 24 suspected case of child abuse.
  2 25    9 8.  The department of human services shall also transmit
  2 26 a copy of the report of its investigation to the county
  2 27 attorney.  The county attorney shall notify the registry
  2 28 department office which transmitted the report to the county
  2 29 attorney of any actions or contemplated actions with respect
  2 30 to a suspected alleged case of child abuse so that the
  2 31 registry department office is kept up-to-date and fully
  2 32 informed concerning the handling of such a the case.  If the
  2 33 report was placed in the central registry in accordance with
  2 34 section 232.71D, the department office shall notify the
  2 35 registry of any actions or contemplated actions by the county
  3  1 attorney concerning the report.
  3  2    Sec. 4.  Section 232.71A, subsection 7, Code 1997, is
  3  3 amended by striking the subsection.
  3  4    Sec. 5.  NEW SECTION.  232.71D  FOUNDED CHILD ABUSE –
  3  5 CENTRAL REGISTRY.
  3  6    1.  The requirements of this section shall apply to child
  3  7 abuse information in the report of an investigation performed
  3  8 in accordance with section 232.71 or in the report of an
  3  9 assessment performed in accordance with section 232.71A.
  3 10    2.  If the alleged child abuse meets the definition of
  3 11 child abuse under section 232.68, subsection 2, paragraph "a"
  3 12 or "d", and the department determines the injury or risk of
  3 13 harm to the child was minor and isolated and is unlikely to
  3 14 reoccur, the names of the child and the alleged perpetrator of
  3 15 the child abuse and any other child abuse information shall
  3 16 not be placed in the central registry as a case of founded
  3 17 child abuse.
  3 18    3.  Except as otherwise provided in section 232.68,
  3 19 subsection 2, paragraph "d", regarding parents legitimately
  3 20 practicing religious beliefs, the names of the child and the
  3 21 alleged perpetrator and the report data and disposition data
  3 22 shall be placed in the central registry as a case of founded
  3 23 child abuse under any of the following circumstances:
  3 24    a.  The case was referred for juvenile or criminal court
  3 25 action as a result of the acts or omissions of the alleged
  3 26 perpetrator or a criminal or juvenile court action was
  3 27 initiated by the county attorney or juvenile court within
  3 28 twelve months of the date of the department's report
  3 29 concerning the case, in which the alleged perpetrator was
  3 30 convicted of a crime involving the child or there was a
  3 31 delinquency or child in need of assistance adjudication.
  3 32    b.  The department determines the acts or omissions of the
  3 33 alleged perpetrator meet the definition of child abuse under
  3 34 section 232.68, subsection 2, paragraph "a", involving
  3 35 nonaccidental physical injury suffered by the child and the
  4  1 injury was not minor or was not isolated or is likely to
  4  2 reoccur.
  4  3    c.  The department determines the acts or omissions of the
  4  4 alleged perpetrator meet the definition of child abuse and the
  4  5 department has previously determined within the eighteen-month
  4  6 period preceding the issuance of the department's report that
  4  7 the acts or omissions of the alleged perpetrator in a prior
  4  8 case met the definition of child abuse.
  4  9    d.  The department determines the acts or omissions of the
  4 10 alleged perpetrator meet the definition of child abuse under
  4 11 section 232.68, subsection 2, paragraph "b", involving mental
  4 12 injury.
  4 13    e.  The department determines the acts or omissions meet
  4 14 the definition of child abuse under section 232.68, subsection
  4 15 2, paragraph "c", and the alleged perpetrator of the acts or
  4 16 omissions is age fourteen or older.  However, the juvenile
  4 17 court may order the removal from the central registry of the
  4 18 name of an alleged perpetrator placed in the registry pursuant
  4 19 to this paragraph who is age fourteen through seventeen upon a
  4 20 finding of good cause.  The name of an alleged perpetrator who
  4 21 is less than age fourteen shall not be placed in the central
  4 22 registry pursuant to this paragraph.
  4 23    f.  The department determines the acts or omissions of the
  4 24 alleged perpetrator meet the definition of child abuse under
  4 25 section 232.68, subsection 2, paragraph "d", involving failure
  4 26 to provide care necessary for the child's health and welfare,
  4 27 and any injury to the child or risk to the child's health and
  4 28 welfare was not minor or was not isolated or is likely to
  4 29 reoccur, in any of the following ways:
  4 30    (1)  Failure to provide adequate food and nutrition.
  4 31    (2)  Failure to provide adequate shelter.
  4 32    (3)  Failure to provide adequate health care.
  4 33    (4)  Failure to provide adequate mental health care.
  4 34    (5)  Gross failure to meet emotional needs.
  4 35    (6)  Failure to respond to an infant's life-threatening
  5  1 condition.
  5  2    g.  The department determines the acts or omissions of the
  5  3 alleged perpetrator meet the definition of child abuse under
  5  4 section 232.68, subsection 2, paragraph "e", involving
  5  5 prostitution.
  5  6    h.  The department determines the acts or omissions of the
  5  7 alleged perpetrator meet the definition of child abuse under
  5  8 section 232.68, subsection 2, paragraph "f", involving the
  5  9 presence of an illegal drug.
  5 10    i.  The alleged abuse took place in any of the following
  5 11 licensed, registered, unregistered, or regulated facilities or
  5 12 services:
  5 13    (1)  Substance abuse program licensed under chapter 125.
  5 14    (2)  Hospital licensed under chapter 135B.
  5 15    (3)  Health care facility or residential care facility
  5 16 licensed under chapter 135C.
  5 17    (4)  Psychiatric medical institution licensed under chapter
  5 18 135H.
  5 19    (5)  Medical assistance home and community-based waiver for
  5 20 persons with mental retardation residential program regulated
  5 21 by the department of human services and the department of
  5 22 inspections and appeals.
  5 23    (6)  An institution controlled by the department and
  5 24 enumerated in section 218.1.
  5 25    (7)  Mental health center, juvenile shelter care facility,
  5 26 or juvenile detention facility.
  5 27    (8)  Child foster care licensee under chapter 237.
  5 28    (9)  Child day care provider under chapter 237A.
  5 29    (10)  Public or private school which provides overnight
  5 30 care.
  5 31    (11)  The Iowa braille and sight saving school and the Iowa
  5 32 school for the deaf controlled by the state board of regents.
  5 33    j.  The department determines the alleged perpetrator of
  5 34 the child abuse will continue to pose a danger to the child
  5 35 who is the subject of the report of child abuse or to another
  6  1 child with whom the alleged perpetrator may come into contact.
  6  2    4.  If report data and disposition data are placed in the
  6  3 central registry in accordance with this section, the
  6  4 department shall make periodic follow-up reports in a manner
  6  5 prescribed by the registry so that the registry is kept up-to-
  6  6 date and fully informed concerning the case.
  6  7    5.  a.  The confidentiality of all of the following shall
  6  8 be maintained in accordance with section 217.30:
  6  9    (1)  Investigation or assessment data.
  6 10    (2)  Information pertaining to an allegation of child abuse
  6 11 for which there was no investigation or assessment performed.
  6 12    (3)  Information pertaining to an allegation of child abuse
  6 13 which was determined to not meet the definition of child
  6 14 abuse.  Individuals identified in section 235A.15, subsection
  6 15 4, are authorized to have access to such information under
  6 16 section 217.30.
  6 17    (4)  Report data and disposition data pertaining to an
  6 18 allegation of child abuse determined to meet the definition of
  6 19 child abuse which is not subject to placement in the central
  6 20 registry.  Individuals identified in section 235A.15,
  6 21 subsection 3, are authorized to have access to such data under
  6 22 section 217.30.
  6 23    b.  The confidentiality of report data and disposition data
  6 24 pertaining to an allegation of child abuse determined to meet
  6 25 the definition of child abuse which is subject to placement in
  6 26 the central registry, shall be maintained as provided in
  6 27 chapter 235A.
  6 28    Sec. 6.  Section 235A.13, Code 1997, is amended by adding
  6 29 the following new subsection:
  6 30    NEW SUBSECTION.  2A.  "Department" means the department of
  6 31 human services.
  6 32    Sec. 7.  Section 235A.13, subsections 1, 6, and 8, Code
  6 33 1997, are amended to read as follows:
  6 34    1.  "Child abuse information" means any or all of the
  6 35 following data maintained by the department in a manual or
  7  1 automated data storage system and individually identified:
  7  2    a.  Report data.
  7  3    b.  Investigation or assessment data.
  7  4    c.  Disposition data.
  7  5    6.  "Investigation or assessment data" means any of the
  7  6 following information pertaining to the department's
  7  7 evaluation of report data, including a family:
  7  8    a.  Additional information as to the nature, extent and
  7  9 cause of the injury, and the identity of persons responsible
  7 10 therefor.
  7 11    b.  The names and conditions of other children in the home.
  7 12    c.  The child's home environment and relationships with
  7 13 parents or others responsible for the child's care.
  7 14    a.  Identification of the strengths and needs of the child,
  7 15 and of the child's parent, home, and family.
  7 16    b.  Identification of services available from the
  7 17 department and informal and formal services and other support
  7 18 available in the community to meet identified strengths and
  7 19 needs.
  7 20    8.  "Report data" means any of the following information
  7 21 pertaining to any occasion involving or reasonably believed to
  7 22 involve an investigation or assessment of an allegation of
  7 23 child abuse, including in which the department has determined
  7 24 the alleged child abuse meets the definition of child abuse:
  7 25    a.  The name and address of the child and the child's
  7 26 parents or other persons responsible for the child's care.
  7 27    b.  The age of the child.
  7 28    c.  The nature and extent of the injury, including evidence
  7 29 of any previous injury.
  7 30    d.  Any other Additional information believed to be helpful
  7 31 in establishing as to the nature, extent, and cause of the
  7 32 injury, and the identity of the person or persons alleged to
  7 33 be responsible therefor for the injury.
  7 34    e.  The names and conditions of other children in the
  7 35 child's home.
  8  1    f.  Any other information believed to be helpful in
  8  2 establishing the information in paragraph "d".
  8  3    Sec. 8.  Section 235A.14, subsection 6, Code 1997, is
  8  4 amended to read as follows:
  8  5    6.  The central registry shall include but not be limited
  8  6 to report data, investigation data and disposition data which
  8  7 is subject to placement in the central registry under section
  8  8 232.71D.  The central registry shall not include assessment
  8  9 data.
  8 10    Sec. 9.  Section 235A.15, Code 1997, is amended to read as
  8 11 follows:
  8 12    235A.15  AUTHORIZED ACCESS – PROCEDURES INVOLVING OTHER
  8 13 STATES.
  8 14    1.  Notwithstanding chapter 22, the confidentiality of all
  8 15 child abuse information shall be maintained, except as
  8 16 specifically provided by subsection 2, 3, or 4.
  8 17    2.  Access to child abuse information other than unfounded
  8 18 child abuse information is report data and disposition data
  8 19 subject to placement in the central registry pursuant to
  8 20 section 232.71D are authorized only to the following persons
  8 21 or entities:
  8 22    a.  Subjects of a report as follows:
  8 23    (1)  To a child named in a report as a victim of abuse or
  8 24 to the child's attorney or guardian ad litem.
  8 25    (2)  To a parent or to the attorney for the parent of a
  8 26 child named in a report as a victim of abuse.
  8 27    (3)  To a guardian or legal custodian, or that person's at-
  8 28 torney, of a child named in a report as a victim of abuse.
  8 29    (4)  To a person or the attorney for the person named in a
  8 30 report as having abused a child.
  8 31    b.  Persons involved in an investigation or assessment of
  8 32 child abuse as follows:
  8 33    (1)  To a health practitioner or mental health professional
  8 34 who is examining, attending, or treating a child whom such
  8 35 practitioner or professional believes or has reason to believe
  9  1 has been the victim of abuse or to a health practitioner or
  9  2 mental health professional whose consultation with respect to
  9  3 a child believed to have been the victim of abuse is requested
  9  4 by the department.
  9  5    (2)  To an employee or agent of the department of human
  9  6 services responsible for the investigation or assessment of a
  9  7 child abuse report.
  9  8    (3)  To a law enforcement officer responsible for assisting
  9  9 in an investigation of a child abuse allegation or for the
  9 10 temporary emergency removal of a child from the child's home.
  9 11    (4)  To a multidisciplinary team, if the department of
  9 12 human services approves the composition of the
  9 13 multidisciplinary team and determines that access to the team
  9 14 is necessary to assist the department in the investigation,
  9 15 diagnosis, assessment, and disposition of a child abuse case.
  9 16    (5)  In an individual case, to the mandatory reporter who
  9 17 reported the child abuse.
  9 18    (6)  To the county attorney.
  9 19    (7)  To the juvenile court.
  9 20    (8)  To a licensing authority for a facility providing care
  9 21 to a child named in a report, if the licensing authority is
  9 22 notified of a relationship between facility policy and the
  9 23 alleged child abuse under section 232.71, subsection 4.
  9 24    (9)  To a person or agency responsible for the care or
  9 25 supervision of a child named in a report as a victim of abuse
  9 26 or a person named in a report as having abused a child, if the
  9 27 juvenile court or department deems access to report data and
  9 28 disposition data by the person or agency to be necessary.
  9 29    c.  Individuals, agencies, or facilities providing care to
  9 30 a child, but only with respect to disposition data and, if
  9 31 authorized in law to the extent necessary for purposes of an
  9 32 employment evaluation, report data, for cases of founded child
  9 33 abuse placed in the central registry in accordance with
  9 34 section 232.71D as follows:
  9 35    (1)  To a licensing authority for a facility providing care
 10  1 to a child named in a report, if the licensing authority is
 10  2 notified of a relationship between facility policy and the
 10  3 child abuse under section 232.71, subsection 4.
 10  4    (2)  To an authorized person or agency responsible for the
 10  5 care or supervision of a child named in a report as a victim
 10  6 of abuse or a person named in a report as having abused a
 10  7 child, if the juvenile court or registry deems access to child
 10  8 abuse information by such person or agency to be necessary.
 10  9    (3)  To an employee or agent of the department of human
 10 10 services responsible for registering or licensing or approving
 10 11 the registration or licensing of an agency or facility, or to
 10 12 an individual providing care to a child and regulated by the
 10 13 department.
 10 14    (4)  To an employee of the department of human services
 10 15 responsible for an adoptive placement, a certified adoption
 10 16 investigator, or licensed child placing agency responsible for
 10 17 an adoptive placement.
 10 18    (5) (1)  To an administrator of a psychiatric medical
 10 19 institution for children licensed under chapter 135H.
 10 20    (6) (2)  To an administrator of a child foster care
 10 21 facility licensed under chapter 237 if the information data
 10 22 concerns a person employed or being considered for employment
 10 23 by the facility.
 10 24    (7) (3)  To an administrator of a child day care facility
 10 25 registered or licensed under chapter 237A if the information
 10 26 data concerns a person employed or being considered for
 10 27 employment by or living in the facility.
 10 28    (8) (4)  To the superintendent of the Iowa braille and
 10 29 sight saving school if the information data concerns a person
 10 30 employed or being considered for employment or living in the
 10 31 school.
 10 32    (9) (5)  To the superintendent of the school for the deaf
 10 33 if the information data concerns a person employed or being
 10 34 considered for employment or living in the school.
 10 35    (10) (6)  To an administrator of a community mental health
 11  1 center accredited under chapter 230A if the information data
 11  2 concerns a person employed or being considered for employment
 11  3 by the center.
 11  4    (11) (7)  To an administrator of a facility or program
 11  5 operated by the state, a city, or a county which provides
 11  6 services or care directly to children, if the information data
 11  7 concerns a person employed by or being considered for
 11  8 employment by the facility or program.
 11  9    (12) (8)  To an administrator of an agency certified by the
 11 10 department of human services to provide services under a
 11 11 medical assistance home and community-based services waiver,
 11 12 if the information data concerns a person employed by or being
 11 13 considered by the agency for employment.
 11 14    (13) (9)  To the administrator of an agency providing
 11 15 mental health, mental retardation, or developmental disability
 11 16 services under a county management plan developed pursuant to
 11 17 section 331.439, if the information data concerns a person
 11 18 employed by or being considered by the agency for employment.
 11 19    (10)  To an administrator of a child day care resource and
 11 20 referral agency which has entered into an agreement authorized
 11 21 by the department to provide child day care resource and
 11 22 referral services.  Access is authorized if the data concerns
 11 23 a person providing child day care services or a person
 11 24 employed by a provider of such services and the agency
 11 25 includes the provider as a referral or the provider has
 11 26 requested to be included as a referral.
 11 27    d.  Relating Report data and disposition data, and
 11 28 investigation or assessment data to the extent necessary for
 11 29 resolution of the proceeding, relating to judicial and
 11 30 administrative proceedings as follows:
 11 31    (1)  To a juvenile court involved in an adjudication or
 11 32 disposition of a child named in a report.
 11 33    (2)  To a district court upon a finding that information
 11 34 data is necessary for the resolution of an issue arising in
 11 35 any phase of a case involving child abuse.
 12  1    (3)  To a court or administrative agency hearing an appeal
 12  2 for correction of child abuse information report data and
 12  3 disposition data as provided in section 235A.19.
 12  4    (4)  To an expert witness at any stage of an appeal
 12  5 necessary for correction of child abuse information report
 12  6 data and disposition data as provided in section 235A.19.
 12  7    (5)  To a probation or parole officer, juvenile court
 12  8 officer, or adult correctional officer having custody or
 12  9 supervision of, or conducting an investigation for a court or
 12 10 the board of parole regarding, a person named in a report as a
 12 11 victim of child abuse or as having abused a child.
 12 12    e.  Others as follows, but only with respect to report data
 12 13 and disposition data for cases of founded child abuse subject
 12 14 to placement in the registry pursuant to section 232.71D:
 12 15    (1)  To a person conducting bona fide research on child
 12 16 abuse, but without information data identifying individuals
 12 17 named in a child abuse report, unless having that information
 12 18 data open to review is essential to the research or evaluation
 12 19 and the authorized registry officials give prior written
 12 20 approval and the child, the child's guardian or guardian ad
 12 21 litem and the person named in a report as having abused a
 12 22 child give permission to release the information data.
 12 23    (2)  To registry or department personnel when necessary to
 12 24 the performance of their official duties or to a person or
 12 25 agency under contract with the department to carry out
 12 26 official duties and functions of the registry department.
 12 27    (3)  To the department of justice for the sole purpose of
 12 28 the filing of a claim for restitution or compensation pursuant
 12 29 to section 910A.5 and section 912.4, subsections 3 through 5.
 12 30 Data provided pursuant to this subparagraph is subject to the
 12 31 provisions of section 912.10.
 12 32    (4)  To a legally constituted child protection agency of
 12 33 another state which is investigating or assessing or treating
 12 34 a child named in a report as having been abused or which is
 12 35 investigating or assessing or treating a person named as
 13  1 having abused a child.
 13  2    (5)  To a public or licensed child-placing agency of
 13  3 another state responsible for an adoptive or foster care
 13  4 preplacement or placement evaluation.
 13  5    (6)  To the attorney for the department of human services
 13  6 who is responsible for representing the department.
 13  7    (7)  To the state and local citizen foster care review
 13  8 boards created pursuant to sections 237.16 and 237.19.
 13  9    (8)  To an employee or agent of the department of human
 13 10 services regarding a person who is providing child day care if
 13 11 the person is not registered or licensed to operate a child
 13 12 day care facility.
 13 13    (9)  To the board of educational examiners created under
 13 14 chapter 272 for purposes of determining whether a
 13 15 practitioner's license should be denied or revoked.
 13 16    (10)  To a legally constituted child protection agency in
 13 17 another state if the agency is conducting a records check of a
 13 18 person who is providing care or has applied to provide care to
 13 19 a child in the other state.
 13 20    (11)  To the legally authorized protection and advocacy
 13 21 agency recognized in section 135C.2, if a person identified in
 13 22 the information as a victim or a perpetrator of abuse resides
 13 23 in or receives services from a facility or agency because the
 13 24 person is diagnosed as having a developmental disability or a
 13 25 mental illness.
 13 26    (12)  To the department of human services for a record
 13 27 check relating to employment or residence pursuant to section
 13 28 218.13.
 13 29    (13)  To an administrator of a child day care resource and
 13 30 referral agency which has entered into an agreement authorized
 13 31 by the department to provide child day care resource and
 13 32 referral services.  Access is authorized if the information
 13 33 concerns a person providing child day care services or a
 13 34 person employed by a provider of such services and the agency
 13 35 includes the provider as a referral or the provider has
 14  1 requested to be included as a referral.
 14  2    (14) (13)  To the Iowa board for the treatment of sexual
 14  3 abusers for purposes of certifying sex offender treatment
 14  4 providers.
 14  5    (14)  To an employee or agent of the department responsible
 14  6 for registering or licensing or approving the registration or
 14  7 licensing of an agency or facility, or to an individual
 14  8 providing care to a child and regulated by the department.
 14  9    (15)  To an employee of the department responsible for an
 14 10 adoptive placement, a certified adoption investigator, or
 14 11 licensed child placing agency responsible for an adoptive
 14 12 placement.
 14 13    f.  The following, but only with respect to disposition
 14 14 data for cases of founded child abuse subject to placement in
 14 15 the central registry pursuant to section 232.71D:
 14 16    (15)  To a person who submits written authorization from an
 14 17 individual allowing the person access to information data
 14 18 pursuant to this subsection on behalf of the individual in
 14 19 order to verify whether the individual is named in a founded
 14 20 child abuse report as having abused a child.
 14 21    3.  Access to unfounded child abuse information is
 14 22 authorized only to those persons identified in subsection 2,
 14 23 paragraph "a", paragraph "b", subparagraphs (2) and (5), and
 14 24 paragraph "e", subparagraph (2), and to the department of
 14 25 justice for purposes of the crime victim compensation program
 14 26 in accordance with section 912.10.
 14 27    3.  Access to report data and disposition data for a case
 14 28 of child abuse determined to meet the definition of child
 14 29 abuse, which data is not subject to placement in the central
 14 30 registry pursuant to section 232.71D, is authorized only to
 14 31 the following persons:
 14 32    a.  Subjects of a report identified in subsection 2,
 14 33 paragraph "a".
 14 34    b.  Persons involved in an investigation or assessment of
 14 35 child abuse identified in subsection 2, paragraph "b",
 15  1 subparagraphs (2), (3), (4), (6), (7), and (9).
 15  2    c.  Others identified in subsection 2, paragraph "e",
 15  3 subparagraphs (2), (3), and (6).
 15  4    4.  Access to report data for a case of child abuse
 15  5 determined to not meet the definition of child abuse, which
 15  6 data is not subject to placement in the central registry
 15  7 pursuant to section 232.71D, is authorized only to the
 15  8 following:
 15  9    a.  Subjects of a report identified in subsection 2,
 15 10 paragraph "a".
 15 11    b.  Persons involved in an investigation or assessment of
 15 12 child abuse identified in subsection 2, paragraph "b",
 15 13 subparagraphs (2), (6), and (7).
 15 14    c.  Others identified in subsection 2, paragraph "e",
 15 15 subparagraph (2).
 15 16    4 5.  Access to founded child abuse information disposition
 15 17 data subject to placement in the central registry pursuant to
 15 18 section 232.71D is authorized to the department of personnel
 15 19 or to the personnel office of a public employer, as defined in
 15 20 section 20.3, as necessary for presentation in grievance or
 15 21 arbitration procedures provided for in sections 19A.14 and
 15 22 20.18.  Child abuse information Disposition data introduced
 15 23 into a grievance or arbitration proceeding shall not be
 15 24 considered a part of the public record of a case.
 15 25    6.  a.  If a child who is a legal resident of another state
 15 26 is present in this state and a report of child abuse is made
 15 27 concerning the child, the department shall act to ensure the
 15 28 safety of the child.  The department shall contact the child's
 15 29 state of legal residency to coordinate the investigation or
 15 30 assessment of the report.  If the child's state of residency
 15 31 refuses to conduct an investigation or assessment, the
 15 32 department shall commence an appropriate investigation or
 15 33 assessment.
 15 34    b.  If a report of child abuse is made concerning an
 15 35 alleged perpetrator who resides in this state and a child who
 16  1 resides in another state, the department shall assist the
 16  2 child's state of residency in conducting an investigation or
 16  3 assessment of the report.  The assistance shall include but is
 16  4 not limited to an offer to interview the alleged perpetrator
 16  5 and any other relevant source.  If the child's state of
 16  6 residency refuses to conduct an investigation or assessment of
 16  7 the report, the department shall commence an appropriate
 16  8 investigation or assessment.  The department shall seek to
 16  9 develop protocols with states contiguous to this state for
 16 10 coordination in the investigation or assessment of a report of
 16 11 child abuse when a person involved with the report is a
 16 12 resident of another state.
 16 13    Sec. 10.  Section 235A.17, subsection 2, Code 1997, is
 16 14 amended to read as follows:
 16 15    2.  The department of human services may notify orally the
 16 16 mandatory reporter in an individual child abuse case of the
 16 17 results of the case investigation and of the confidentiality
 16 18 provisions of sections 235A.15 and 235A.21.  The department
 16 19 shall subsequently transmit a written notice to the mandatory
 16 20 reporter of the results and confidentiality provisions.  A If
 16 21 the report data and disposition data have been placed in the
 16 22 registry as founded child abuse pursuant to section 232.71D, a
 16 23 copy of the written notice shall be transmitted to the
 16 24 registry and shall be maintained by the registry as provided
 16 25 in section 235A.18.  Otherwise, a copy of the written notice
 16 26 shall be retained by the department with the case file.
 16 27    Sec. 11.  Section 235A.18, Code 1997, is amended to read as
 16 28 follows:
 16 29    235A.18  SEALING AND EXPUNGEMENT OF FOUNDED CHILD ABUSE
 16 30 INFORMATION.
 16 31    1.  Report data and disposition data relating to a
 16 32 particular case of alleged abuse which has been determined to
 16 33 be founded child abuse and placed in the central registry in
 16 34 accordance with section 232.71D shall be maintained in the
 16 35 registry as follows:
 17  1    a.  Child abuse information Report and disposition data
 17  2 relating to a particular case of suspected alleged child abuse
 17  3 shall be sealed ten years after the receipt initial placement
 17  4 of the initial report of such abuse by data in the registry
 17  5 unless good cause be shown why the information data should
 17  6 remain open to authorized access.  If a subsequent report of a
 17  7 suspected an alleged case of child abuse involving the child
 17  8 named in the initial report data placed in the registry as the
 17  9 victim of abuse or a person named in such report the data as
 17 10 having abused a child is received by the registry department
 17 11 within this ten-year period, the information data shall be
 17 12 sealed ten years after receipt of the subsequent report unless
 17 13 good cause be shown why the information data should remain
 17 14 open to authorized access.
 17 15    b.  The information Data sealed in accordance with this
 17 16 section shall be expunged eight years after the date the
 17 17 information data was sealed.
 17 18    2.  Child abuse information which cannot be determined by a
 17 19 preponderance of the evidence to be founded or unfounded shall
 17 20 be sealed one year after the receipt of the initial report of
 17 21 abuse and expunged five years after the date it was sealed.
 17 22 Child abuse information which is determined by a preponderance
 17 23 of the evidence to be unfounded shall be expunged when it is
 17 24 determined to be unfounded.  A report shall be determined to
 17 25 be unfounded as a result of any of the following:
 17 26    a.  The investigation of a report of suspected child abuse
 17 27 by the department.
 17 28    b.  A successful appeal as provided in section 235A.19.
 17 29    c.  A court finding by a juvenile or district court.
 17 30    The juvenile or district court and county attorney shall
 17 31 expunge child abuse information upon notice from the registry.
 17 32 The supreme court shall prescribe rules establishing the
 17 33 period of time child abuse information is retained by the
 17 34 juvenile and district court.  A county attorney shall not
 17 35 retain child abuse information in excess of the time period
 18  1 the information would be retained under the rules prescribed
 18  2 by the supreme court.
 18  3    3.  However, if a correction of child abuse information is
 18  4 requested under section 235A.19 and the issue is not resolved
 18  5 at the end of the one-year period, the information shall be
 18  6 retained until the issue is resolved and if the child abuse
 18  7 information is not determined to be founded, the information
 18  8 shall be expunged at the appropriate time under subsection 2.
 18  9    4. 3.  The registry, at least once a year, shall review and
 18 10 determine the current status of child abuse reports which are
 18 11 transmitted or made to the registry after July 1, 1974, which
 18 12 are at least one year old and in connection with which no
 18 13 investigatory report has been filed by the department of human
 18 14 services pursuant to section 232.71.  If no such investigatory
 18 15 report has been filed, the registry shall request the
 18 16 department of human services to file a report.  In the event a
 18 17 report is not filed within ninety days subsequent to such a
 18 18 request, the report and information relating thereto shall be
 18 19 sealed and remain sealed unless good cause be shown why the
 18 20 information should remain open to authorized access.  If
 18 21 required by this subsection, for child abuse information in
 18 22 the central registry as of July 1, 1997, the central registry
 18 23 shall perform a review of the information utilizing the
 18 24 requirements for referral of child abuse information to the
 18 25 central registry as founded child abuse under section 232.71D.
 18 26 If the review indicates the information would not be placed in
 18 27 the registry as founded child abuse under section 232.71D, the
 18 28 information shall be expunged from the central registry.
 18 29 Child abuse information which is expunged from the central
 18 30 registry under this subsection shall not be retained by the
 18 31 department any longer than the time period in rule for
 18 32 retaining information which is not placed in the central
 18 33 registry, allowing credit for the amount of time the
 18 34 information was held in the central registry.  If the review
 18 35 indicates the child abuse information would be placed in the
 19  1 central registry under section 232.71D, the information shall
 19  2 be subject to the provisions of subsection 1, as to the time
 19  3 period the information is to be retained in the registry.  A
 19  4 review shall be performed under any of the following
 19  5 conditions:
 19  6    a.  The department is considering the information while
 19  7 performing a record check evaluation under law or
 19  8 administrative rule.
 19  9    b.  A review is indicated under a procedure for performing
 19 10 reviews adopted by the department.
 19 11    4.  The department of human services shall adopt rules
 19 12 establishing the period of time child abuse information which
 19 13 is not maintained in the central registry is retained by the
 19 14 department.
 19 15    Sec. 12.  Section 235A.19, Code 1997, is amended to read as
 19 16 follows:
 19 17    235A.19  EXAMINATION, REQUESTS FOR CORRECTION OR
 19 18 EXPUNGEMENT AND APPEAL.
 19 19    1.  A subject of a child abuse report, as identified in
 19 20 section 235A.15, subsection 2, paragraph "a", shall have the
 19 21 right to examine child abuse information in the registry
 19 22 report data and disposition data which refers to the subject.
 19 23 The registry department may prescribe reasonable hours and
 19 24 places of examination.
 19 25    2.  a.  A subject of a child abuse report may file with the
 19 26 department within six months of the date of the notice of the
 19 27 results of an investigation required by section 232.71,
 19 28 subsection 7, or an assessment performed in accordance with
 19 29 section 232.71A, a written statement to the effect that child
 19 30 abuse information report data and disposition data referring
 19 31 to the subject is in whole or in part erroneous, and may
 19 32 request a correction of that information data or of the
 19 33 findings of the investigation or assessment report.  The
 19 34 department shall provide the subject with an opportunity for
 19 35 an evidentiary hearing pursuant to chapter 17A to correct the
 20  1 information data or the findings, unless the department
 20  2 corrects the information data or findings as requested.  The
 20  3 department shall delay the expungement of information which is
 20  4 not determined to be founded until the conclusion of a
 20  5 proceeding to correct the information or findings.  The
 20  6 department may defer the hearing until the conclusion of a
 20  7 pending juvenile or district court case relating to the
 20  8 information data or findings.
 20  9    b.  The department shall not disclose any child abuse
 20 10 information report data or disposition data until the
 20 11 conclusion of the proceeding to correct the information data
 20 12 or findings, except as follows:
 20 13    (1)  As necessary for the proceeding itself.
 20 14    (2)  To the parties and attorneys involved in a judicial
 20 15 proceeding.
 20 16    (3)  For the regulation of child care or child placement.
 20 17    (4)  Pursuant to court order.
 20 18    (5)  To the subject of an investigation or assessment or a
 20 19 report.
 20 20    (6)  For the care or treatment of a child named in a report
 20 21 as a victim of abuse.
 20 22    (7)  To persons involved in an investigation or assessment
 20 23 of child abuse.
 20 24    3.  The subject of a child abuse report may appeal the
 20 25 decision resulting from a hearing held pursuant to subsection
 20 26 2 to the district court of Polk county or to the district
 20 27 court of the district in which the subject of the child abuse
 20 28 report resides.  Immediately upon appeal the court shall order
 20 29 the department to file with the court a certified copy of the
 20 30 child abuse information report data or disposition data.
 20 31 Appeal shall be taken in accordance with chapter 17A.
 20 32    4.  Upon the request of the appellant, the record and
 20 33 evidence in such cases shall be closed to all but the court
 20 34 and its officers, and access thereto to the record and
 20 35 evidence shall be prohibited unless otherwise ordered by the
 21  1 court.  The clerk shall maintain a separate docket for such
 21  2 actions.  No A person other than the appellant shall not
 21  3 permit a copy of any of the testimony or pleadings or the
 21  4 substance thereof of the testimony or pleadings to be made
 21  5 available to any person other than a party to the action or
 21  6 the party's attorney.  Violation of the provisions of this
 21  7 subsection shall be a public offense punishable under section
 21  8 235A.21.
 21  9    5.  Whenever the registry department corrects or eliminates
 21 10 information data as requested or as ordered by the court, the
 21 11 registry department shall advise all persons who have received
 21 12 the incorrect information data of such fact.  Upon application
 21 13 to the court and service of notice on the registry department,
 21 14 any subject of a child abuse report may request and obtain a
 21 15 list of all persons who have received child abuse information
 21 16 report data or disposition data referring to the subject.
 21 17    6.  In the course of any proceeding provided for by this
 21 18 section, the identity of the person who reported the disputed
 21 19 information data and the identity of any person who has been
 21 20 reported as having abused a child may be withheld upon a
 21 21 determination by the registry department that disclosure of
 21 22 their identities would be detrimental to their interests.
 21 23    Sec. 13.  Section 235A.20, Code 1997, is amended to read as
 21 24 follows:
 21 25    235A.20  CIVIL REMEDY.
 21 26    Any aggrieved person may institute a civil action for
 21 27 damages under chapter 669 or 670 or to restrain the
 21 28 dissemination of child abuse information in violation of this
 21 29 chapter, and any person, agency or other recipient proven to
 21 30 have disseminated or to have requested and received child
 21 31 abuse information in violation of this chapter, or any
 21 32 employee of the department who knowingly destroys
 21 33 investigation or assessment data except in accordance with
 21 34 rule as established by the department for retention of child
 21 35 abuse information under section 235A.18 shall be liable for
 22  1 actual damages and exemplary damages for each violation and
 22  2 shall be liable for court costs, expenses, and reasonable
 22  3 attorney's fees incurred by the party bringing the action.  In
 22  4 no case shall the award for damages be less than one hundred
 22  5 dollars.
 22  6    Sec. 14.  Section 235A.21, subsection 1, Code 1997, is
 22  7 amended to read as follows:
 22  8    1.  Any person who willfully requests, obtains, or seeks to
 22  9 obtain child abuse information under false pretenses, or who
 22 10 willfully communicates or seeks to communicate child abuse
 22 11 information to any agency or person except in accordance with
 22 12 sections 235A.15 and 235A.17, or any person connected with any
 22 13 research authorized pursuant to section 235A.15 who willfully
 22 14 falsifies child abuse information or any records relating
 22 15 thereto to child abuse information, or any employee of the
 22 16 department who knowingly destroys investigation or assessment
 22 17 data except in accordance with rule as established by the
 22 18 department for retention of child abuse information under
 22 19 section 235A.18 is guilty of a serious misdemeanor.  Any
 22 20 person who knowingly, but without criminal purposes,
 22 21 communicates or seeks to communicate child abuse information
 22 22 except in accordance with sections 235A.15 and 235A.17 shall
 22 23 be guilty of a simple misdemeanor.
 22 24    Sec. 15.  Section 235A.22, Code 1997, is amended to read as
 22 25 follows:
 22 26    235A.22  EDUCATION PROGRAM.
 22 27    The department of human services shall require an
 22 28 educational program for employees of the registry department
 22 29 with access to child abuse information on the proper use and
 22 30 control of child abuse information.
 22 31    Sec. 16.  Section 235A.23, Code 1997, is amended to read as
 22 32 follows:
 22 33    235A.23  REGISTRY REPORTS.
 22 34    1.  The registry department of human services may compile
 22 35 statistics, conduct research, and issue reports on child
 23  1 abuse, provided identifying details of the subject of child
 23  2 abuse reports are deleted from any report issued.
 23  3    2.  The registry department shall issue an annual report on
 23  4 its administrative operation, including information as to the
 23  5 number of requests for child abuse data, the proportion of
 23  6 requests attributable to each type of authorized access, the
 23  7 frequency and nature of irregularities, and other pertinent
 23  8 matters.
 23  9    Sec. 17.  1997 Iowa Acts, Senate File 176, section 2, if
 23 10 enacted, is amended by striking the section and inserting in
 23 11 lieu thereof the following:
 23 12    SEC. 2.  Section 232.70, Code 1997, is amended by adding
 23 13 the following new subsection:
 23 14    NEW SUBSECTION.  7.  If a report would be determined to
 23 15 constitute an allegation of child abuse as defined under
 23 16 section 232.68, subsection 2, paragraph "c" or "e", except
 23 17 that the suspected abuse resulted from the acts or omissions
 23 18 of a person other than a person responsible for the care of
 23 19 the child, the department shall refer the report to the
 23 20 appropriate law enforcement agency having jurisdiction to
 23 21 investigate the allegation.  The department shall refer the
 23 22 report orally as soon as practicable and in writing within
 23 23 seventy-two hours of receiving the report.
 23 24    Sec. 18.  1997 Iowa Acts, Senate File 230, sections 14, 15,
 23 25 and 16 amending section 235A.15, if enacted, are repealed.
 23 26    Sec. 19.  1997 Iowa Acts, Senate File 230, sections 18 and
 23 27 19, amending section 235A.18, Code 1997, if enacted, are
 23 28 repealed.
 23 29    Sec. 20.  1997 Iowa Acts, Senate File 230, section 20,
 23 30 amending section 235A.19, subsection 2, paragraph a, if
 23 31 enacted, is repealed.
 23 32    Sec. 21.  RETROACTIVE REGISTRY REVIEWS.  A person who is a
 23 33 subject of a child abuse report which, as of July 1, 1997, is
 23 34 included as information in the central registry under chapter
 23 35 235A may submit a written request for review and expungement
 24  1 of the information from the central registry which refers to
 24  2 the person.  Child abuse information placed in the central
 24  3 registry for a circumstance which is listed in section
 24  4 232.71D, subsection 3, as enacted by this Act, is not eligible
 24  5 for review.  The request must be submitted during the period
 24  6 beginning July 1, 1997, and ending December 31, 1997.  The
 24  7 department shall perform the review in accordance with the
 24  8 provisions of section 235A.18, subsection 3, as enacted by
 24  9 this Act.  The department shall submit a report to the general
 24 10 assembly on or before February 1, 1998, indicating the number
 24 11 of requests received and projecting a time frame to complete
 24 12 the reviews based upon the usage of specific staffing levels.
 24 13    Sec. 22.  MINOR INJURY CRITERIA.  The department of human
 24 14 services shall convene a group of experienced parents from
 24 15 families of various sizes and with children of various ages
 24 16 and child abuse experts to develop uniform criteria for
 24 17 identifying what constitutes a minor physical injury and the
 24 18 circumstances in which a minor injury does not cause concern
 24 19 about the safety or risk of harm to a child.  The group shall
 24 20 include but is not limited to members of the child death
 24 21 review team.  The group shall present recommended criteria and
 24 22 other recommendations to the governor and the general assembly
 24 23 on or before November 1, 1997.
 24 24    Sec. 23.  EVALUATION.  It is the intent of the general
 24 25 assembly that the department of human services will seek
 24 26 funding for the fiscal year beginning July 1, 1998, and ending
 24 27 June 30, 1999, for an independent evaluation of the changes
 24 28 implemented in the state's child protection system pursuant to
 24 29 the enactments of the Seventy-seventh General Assembly, 1997
 24 30 Session.  The evaluation should be conducted during the fiscal
 24 31 year beginning July 1, 1998, for submission to the governor
 24 32 and general assembly during the 1999 legislative session.  The
 24 33 evaluation should include but is not limited to a
 24 34 determination of whether the system changes have improved the
 24 35 safety of children and the support of families in the
 25  1 community, and should identify indicators of increased
 25  2 community involvement in child protection.  
 25  3                           DIVISION II
 25  4             ASSESSMENT-BASED AMENDMENTS – REPEALS
 25  5    Sec. 24.  Section 232.71B, subsection 11, if enacted by
 25  6 1997 Iowa Acts, Senate File 230, is amended by adding the
 25  7 following new paragraph:
 25  8    NEW PARAGRAPH.  g.  The department shall notify the
 25  9 subjects of the child abuse report, as identified in section
 25 10 235A.15, subsection 2, paragraph "a", of the results of the
 25 11 assessment, of the subject's right, pursuant to section
 25 12 235A.19, to correct the report data or disposition data which
 25 13 refers to the subject, and of the procedures to correct the
 25 14 data.
 25 15    Sec. 25.  Section 232.71D, subsection 1, as enacted by this
 25 16 Act, is amended to read as follows:
 25 17    1.  The requirements of this section shall apply to child
 25 18 abuse information in the report of an investigation performed
 25 19 in accordance with section 232.71 or in the report of relating
 25 20 to a report of child abuse and to an assessment performed in
 25 21 accordance with section 232.71A 232.71B.
 25 22    Sec. 26.  Section 232.71D, subsection 5, paragraph a,
 25 23 subparagraphs (1) and (2), Code 1997, as enacted by this Act,
 25 24 are amended to read as follows:
 25 25    (1)  Investigation or assessment Assessment data.
 25 26    (2)  Information pertaining to an allegation of child abuse
 25 27 for which there was no investigation or assessment performed.
 25 28    Sec. 27.  Section 235A.13, unnumbered paragraph 1, Code
 25 29 1997, is amended to read as follows:
 25 30    As used in chapter 232, division III, part 2, and sections
 25 31 235A.13 to 235A.23, unless the context otherwise requires:
 25 32    Sec. 28.  Section 235A.13, subsection 1, paragraph b, Code
 25 33 1997, as amended by this Act, is amended to read as follows:
 25 34    b.  Investigation or assessment Assessment data.
 25 35    Sec. 29.  Section 235A.13, subsection 5, Code 1997, is
 26  1 amended to read as follows:
 26  2    5.  "Individually identified" means any report,
 26  3 investigation assessment, or disposition data which names the
 26  4 person or persons responsible or believed responsible for the
 26  5 child abuse.
 26  6    Sec. 30.  Section 235A.13, subsection 6, unnumbered
 26  7 paragraph 1, Code 1997, as amended by this Act, is amended to
 26  8 read as follows:
 26  9    "Investigation or assessment Assessment data" means any of
 26 10 the following information pertaining to the department's
 26 11 evaluation of a family:
 26 12    Sec. 31.  Section 235A.13, subsection 8, unnumbered
 26 13 paragraph 1, Code 1997, as amended by this Act, is amended to
 26 14 read as follows:
 26 15    "Report data" means any of the following information
 26 16 pertaining to an investigation or assessment of an allegation
 26 17 of child abuse in which the department has determined the
 26 18 alleged child abuse meets the definition of child abuse:
 26 19    Sec. 32.  Section 235A.15, subsection 2, paragraph b,
 26 20 unnumbered paragraph 1, Code 1997, as amended by this Act, is
 26 21 amended to read as follows:
 26 22    b.  Persons involved in an investigation assessment of
 26 23 child abuse as follows:
 26 24    Sec. 33.  Section 235A.15, subsection 2, paragraph b,
 26 25 subparagraphs (2), (3), (4), and (8), Code 1997, as amended by
 26 26 this Act, are amended to read as follows:
 26 27    (2)  To an employee or agent of the department of human
 26 28 services responsible for the investigation assessment of a
 26 29 child abuse report.
 26 30    (3)  To a law enforcement officer responsible for assisting
 26 31 in an investigation assessment of a child abuse allegation or
 26 32 for the temporary emergency removal of a child from the
 26 33 child's home.
 26 34    (4)  To a multidisciplinary team, if the department of
 26 35 human services approves the composition of the
 27  1 multidisciplinary team and determines that access to the team
 27  2 is necessary to assist the department in the investigation,
 27  3 diagnosis, assessment, and disposition of a child abuse case.
 27  4    (8)  To a licensing authority for a facility providing care
 27  5 to a child named in a report, if the licensing authority is
 27  6 notified of a relationship between facility policy and the
 27  7 alleged child abuse under section 232.71, subsection 4
 27  8 232.71B.
 27  9    Sec. 34.  Section 235A.15, subsection 2, paragraph d,
 27 10 unnumbered paragraph 1, Code 1997, as amended by this Act, is
 27 11 amended to read as follows:
 27 12    Report data and disposition data, and investigation or
 27 13 assessment data to the extent necessary for resolution of the
 27 14 proceeding, relating to judicial and administrative
 27 15 proceedings as follows:
 27 16    Sec. 35.  Section 235A.15, subsection 3, paragraph b, Code
 27 17 1997, as amended by this Act, is amended to read as follows:
 27 18    b.  Persons involved in an investigation or assessment of
 27 19 child abuse identified in subsection 2, paragraph "b",
 27 20 subparagraphs (2), (3), (4), (6), (7), and (9).
 27 21    Sec. 36.  Section 235A.15, subsection 4, paragraph b, Code
 27 22 1997, as amended by this Act, is amended to read as follows:
 27 23    b.  Persons involved in an investigation or assessment of
 27 24 child abuse identified in subsection 2, paragraph "b",
 27 25 subparagraphs (2), (6), and (7).
 27 26    Sec. 37.  Section 235A.15, subsection 6, Code 1997, as
 27 27 amended by this Act, is amended to read as follows:
 27 28    6.  a.  If a child who is a legal resident of another state
 27 29 is present in this state and a report of child abuse is made
 27 30 concerning the child, the department shall act to ensure the
 27 31 safety of the child.  The department shall contact the child's
 27 32 state of legal residency to coordinate the investigation
 27 33 assessment of the report.  If the child's state of residency
 27 34 refuses to conduct an investigation, the department shall
 27 35 commence an appropriate investigation assessment.
 28  1    b.  If a report of child abuse is made concerning an
 28  2 alleged perpetrator who resides in this state and a child who
 28  3 resides in another state, the department shall assist the
 28  4 child's state of residency in conducting an investigation
 28  5 assessment of the report.  The assistance shall include but is
 28  6 not limited to an offer to interview the alleged perpetrator
 28  7 and any other relevant source.  If the child's state of
 28  8 residency refuses to conduct an investigation of the report,
 28  9 the department shall commence an appropriate investigation
 28 10 assessment.  The department shall seek to develop protocols
 28 11 with states contiguous to this state for coordination in the
 28 12 investigation or assessment of a report of child abuse when a
 28 13 person involved with the report is a resident of another
 28 14 state.
 28 15    Sec. 38.  Section 235A.17, subsection 2, Code 1997, as
 28 16 amended by this Act, is amended to read as follows:
 28 17    2.  The department of human services may notify orally the
 28 18 mandatory reporter in an individual child abuse case of the
 28 19 results of the case investigation assessment and of the
 28 20 confidentiality provisions of sections 235A.15 and 235A.21.
 28 21 The department shall subsequently transmit a written notice to
 28 22 the mandatory reporter of the results and confidentiality
 28 23 provisions.  If the report data and disposition data have been
 28 24 placed in the registry as founded child abuse pursuant to
 28 25 section 232.71D, a copy of the written notice shall be
 28 26 transmitted to the registry and shall be maintained by the
 28 27 registry as provided in section 235A.18.  Otherwise, a copy of
 28 28 the written notice shall be retained by the department with
 28 29 the case file.
 28 30    Sec. 39.  Section 235A.19, subsection 2, paragraph a, Code
 28 31 1997, as amended by this Act, is amended to read as follows:
 28 32    a.  A subject of a child abuse report may file with the
 28 33 department within six months of the date of the notice of the
 28 34 results of an investigation required by section 232.71,
 28 35 subsection 7, or an assessment performed in accordance with
 29  1 section 232.71A, a written statement to the effect that report
 29  2 data and disposition data referring to the subject is in whole
 29  3 or in part erroneous, and may request a correction of that
 29  4 data or of the findings of the investigation or assessment
 29  5 report.  The department shall provide the subject with an
 29  6 opportunity for an evidentiary hearing pursuant to chapter 17A
 29  7 to correct the data or the findings, unless the department
 29  8 corrects the data or findings as requested.  The department
 29  9 may defer the hearing until the conclusion of a pending
 29 10 juvenile or district court case relating to the data or
 29 11 findings.
 29 12    Sec. 40.  Section 235A.19, subsection 2, paragraph b,
 29 13 subparagraphs (5) and (7), Code 1997, as amended by this Act,
 29 14 are amended to read as follows:
 29 15    (5)  To the subject of an investigation or assessment or a
 29 16 report.
 29 17    (7)  To persons involved in an investigation or assessment
 29 18 of child abuse.
 29 19    Sec. 41.  Section 235A.20, Code 1997, as amended by this
 29 20 Act, is amended to read as follows:
 29 21    235A.20  CIVIL REMEDY.
 29 22    Any aggrieved person may institute a civil action for
 29 23 damages under chapter 669 or 670 or to restrain the
 29 24 dissemination of child abuse information in violation of this
 29 25 chapter, and any person, agency or other recipient proven to
 29 26 have disseminated or to have requested and received child
 29 27 abuse information in violation of this chapter, or any
 29 28 employee of the department who knowingly destroys
 29 29 investigation or assessment data except in accordance with
 29 30 rule as established by the department for retention of child
 29 31 abuse information under section 235A.18 shall be liable for
 29 32 actual damages and exemplary damages for each violation and
 29 33 shall be liable for court costs, expenses, and reasonable
 29 34 attorney's fees incurred by the party bringing the action.  In
 29 35 no case shall the award for damages be less than one hundred
 30  1 dollars.
 30  2    Sec. 42.  Section 235A.21, subsection 1, Code 1997, as
 30  3 amended by this Act, is amended to read as follows:
 30  4    1.  Any person who willfully requests, obtains, or seeks to
 30  5 obtain child abuse information under false pretenses, or who
 30  6 willfully communicates or seeks to communicate child abuse
 30  7 information to any agency or person except in accordance with
 30  8 sections 235A.15 and 235A.17, or any person connected with any
 30  9 research authorized pursuant to section 235A.15 who willfully
 30 10 falsifies child abuse information or any records relating to
 30 11 child abuse information, or any employee of the department who
 30 12 knowingly destroys investigation or assessment data except in
 30 13 accordance with rule as established by the department for
 30 14 retention of child abuse information under section 235A.18 is
 30 15 guilty of a serious misdemeanor.  Any person who knowingly,
 30 16 but without criminal purposes, communicates or seeks to
 30 17 communicate child abuse information except in accordance with
 30 18 sections 235A.15 and 235A.17 shall be guilty of a simple
 30 19 misdemeanor.
 30 20    Sec. 43.  EFFECTIVE DATE.  Enactment of this division of
 30 21 this Act is contingent upon the enactment of 1997 Iowa Acts,
 30 22 Senate File 230.  If Senate File 230 is enacted, this division
 30 23 of this Act takes effect July 1, 1998.  
 30 24 
 30 25 
 30 26                                                             
 30 27                               RON J. CORBETT
 30 28                               Speaker of the House
 30 29 
 30 30 
 30 31                                                             
 30 32                               MARY E. KRAMER
 30 33                               President of the Senate
 30 34 
 30 35    I hereby certify that this bill originated in the House and
 31  1 is known as House File 698, Seventy-seventh General Assembly.
 31  2 
 31  3 
 31  4                                                             
 31  5                               ELIZABETH ISAACSON
 31  6                               Chief Clerk of the House
 31  7 Approved                , 1997
 31  8 
 31  9 
 31 10                         
 31 11 TERRY E. BRANSTAD
 31 12 Governor
     
Text: HF00697                           Text: HF00699
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
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