Text: HF02517 Text: HF02519 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. CHILD PROTECTION SYSTEM REVIEW.
1 2 1. The citizens' aide shall conduct a review of the
1 3 state's child protection system in accordance with this
1 4 section. The review shall encompass all aspects of the
1 5 system, including child abuse reporting, investigation, and
1 6 assessment, child removal, child in need of assistance
1 7 proceedings, review and appeals, and termination of parental
1 8 rights. The purpose of review is to determine whether the
1 9 current system adequately provides fairness and due process
1 10 protections for all persons involved with the system.
1 11 2. The review may include but is not limited to all of the
1 12 following:
1 13 a. Surveys of attorneys experienced in representing
1 14 subjects of child abuse investigations and assessments and in
1 15 child welfare and family law.
1 16 b. Surveys of persons who have been the subject of a child
1 17 abuse investigation or assessment.
1 18 c. Reviews of known complaints concerning the system.
1 19 d. Reviews of previous testimony and submissions by
1 20 critics and proponents of the system to legislative,
1 21 administrative, and other bodies organized to provide
1 22 oversight of the child protection system. In addition, the
1 23 review may include review of the reports and findings of these
1 24 bodies.
1 25 e. Review of legal information concerning child protection
1 26 including state and federal statutory requirements, rules,
1 27 regulations, and policies, judicial decisions including
1 28 dissenting opinions, and opinions of the attorney general.
1 29 f. Interviews of recognized critics and supporters of the
1 30 child protection system.
1 31 g. Use of focus groups to refine the issues for
1 32 consideration.
1 33 h. Random sample reviews of closed child abuse
1 34 investigations and assessments.
1 35 3. The citizens' aide may appoint a project team or
2 1 contract for a project team to perform the review. Any
2 2 project team shall include persons with skills and knowledge
2 3 concerning child welfare and juvenile justice and due process
2 4 rights. The project team may include an attorney, an
2 5 authority on social work, and a skilled general investigator
2 6 or a paralegal. The citizens' aide may also utilize a broad-
2 7 based advisory group.
2 8 4. The citizens' aide shall submit a report containing
2 9 findings and recommendations in accordance with chapter 2C to
2 10 the department of human services, chief juvenile court officer
2 11 of each judicial district, governor, and general assembly.
2 12 The report shall be submitted on or before February 1, 1999.
2 13 5. Implementation of this section is subject to
2 14 authorization of funding for the purposes of this section by
2 15 the legislative council.
2 16 Sec. 2. Section 217.30, subsection 4, Code Supplement
2 17 1997, is amended by adding the following new paragraph:
2 18 NEW PARAGRAPH. f. If authorized by a subject of a child
2 19 abuse report as identified in section 235A.15, subsection 2,
2 20 paragraph "a", or by the parent, guardian, or custodian of a
2 21 child receiving services or involved in a proceeding under
2 22 chapter 232, a statewide elected official, as defined in
2 23 section 68B.2, a member of the general assembly, or a designee
2 24 of the statewide elected official or member of the general
2 25 assembly shall have access to confidential information
2 26 described in subsection 1 which relates to the person
2 27 providing the authorization or to a child of the person. The
2 28 purpose of the access shall be for the elected official,
2 29 member of the general assembly, or designee to monitor
2 30 compliance of the department or designees of the department
2 31 with requirements under law and the adequacy of the
2 32 requirements.
2 33 Sec. 3. Section 228.3, Code 1997, is amended by adding the
2 34 following new subsection:
2 35 NEW SUBSECTION. 3. A subject of a child abuse report as
3 1 identified in section 235A.15, subsection 2, paragraph "a", or
3 2 the parent, guardian, or custodian of a child receiving
3 3 services or involved in a proceeding under chapter 232, may
3 4 consent to the disclosure of mental health information
3 5 relating to the person providing the authorization or to a
3 6 child of the person to a statewide elected official, as
3 7 defined in section 68B.2, a member of the general assembly, or
3 8 a designee of the statewide elected official or member of the
3 9 general assembly. The purpose of the disclosure shall be for
3 10 the elected official, member of the general assembly, or
3 11 designee to monitor compliance of state agencies, officials,
3 12 and employees with requirements under law and the adequacy of
3 13 the requirements.
3 14 Sec. 4. Section 232.147, subsection 3, Code Supplement
3 15 1997, is amended by adding the following new paragraph:
3 16 NEW PARAGRAPH. h. If authorized by a subject of a child
3 17 abuse report as identified in section 235A.15, subsection 2,
3 18 paragraph "a", or by the parent, guardian, or custodian of a
3 19 child receiving services or involved in a proceeding under
3 20 this chapter, to a statewide elected official, as defined in
3 21 section 68B.2, a member of the general assembly, or a designee
3 22 of the statewide elected official or member of the general
3 23 assembly. The purpose of the disclosure shall be for the
3 24 elected official, member of the general assembly, or designee
3 25 to monitor compliance of state agencies, officials, and
3 26 employees with requirements under law and the adequacy of the
3 27 requirements.
3 28 Sec. 5. Section 232.147, subsection 5, Code Supplement
3 29 1997, is amended by adding the following new unnumbered
3 30 paragraph:
3 31 NEW UNNUMBERED PARAGRAPH. An individual authorized under
3 32 subsection 3, paragraph "h", to inspect official juvenile
3 33 court records, may inspect social records and the contents of
3 34 the records and the official juvenile court records of cases
3 35 alleging delinquency shall be disclosed to such individual for
4 1 the purposes described in subsection 3, paragraph "h".
4 2 Sec. 6. Section 235A.15, subsection 2, paragraph d, Code
4 3 Supplement 1997, is amended by adding the following new
4 4 subparagraph:
4 5 NEW SUBPARAGRAPH. (6) If authorized by a subject of a
4 6 child abuse report as identified in paragraph "a", to a
4 7 statewide elected official as defined in section 68B.2, a
4 8 member of the general assembly, or a designee of a statewide
4 9 elected official or member of the general assembly, to the
4 10 maximum extent access to the information is available to any
4 11 other person authorized under this lettered paragraph. The
4 12 purpose of the access shall be to monitor compliance of state
4 13 agencies, officials, and employees with requirements under the
4 14 law and the adequacy of the requirements.
4 15 Sec. 7. Section 235A.19, subsection 2, paragraph b, Code
4 16 Supplement 1997, is amended by adding the following new
4 17 subparagraph:
4 18 NEW SUBPARAGRAPH. (8) To a statewide elected official, a
4 19 member of the general assembly, or a designee of a statewide
4 20 elected official or member of the general assembly authorized
4 21 under section 235A.15, subsection 2, paragraph "d".
4 22 Sec. 8. EFFECTIVE DATE. This Act, being deemed of
4 23 immediate importance, takes effect upon enactment.
4 24 EXPLANATION
4 25 This bill provides for monitoring and review of state
4 26 officials, employees, and judicial compliance with
4 27 requirements under law.
4 28 The bill directs the citizens' aide to conduct a review of
4 29 all aspects of the state's child protection system to
4 30 determine whether the system adequately protects fairness and
4 31 due process for all involved. The bill includes a listing of
4 32 various aspects of the system which may be reviewed and
4 33 approaches to conducting the review. Performance of the
4 34 review is contingent upon the legislative council authorizing
4 35 funding.
5 1 The bill amends Code section 217.30, relating to
5 2 confidentiality of information pertaining to assistance or
5 3 services provided by the department of human services. The
5 4 bill provides access to the department's case records,
5 5 including medical or psychiatric data, which relate to the
5 6 person authorizing the access or to a child of the person.
5 7 Code section 228.3 is amended to allow disclosure of mental
5 8 health information.
5 9 Code section 232.147 is amended to allow access to juvenile
5 10 court records, including social records and cases involving an
5 11 allegation of delinquency.
5 12 Under the bill, the access must be authorized by a subject
5 13 of a child abuse report which includes a child, the child's
5 14 parent or legal custodian, the person named in a report as
5 15 having abused a child, or any of these persons' attorney or
5 16 guardian ad litem or the parent, guardian, or custodian of a
5 17 child receiving services or involved with a juvenile court
5 18 proceeding under Code chapter 232, the juvenile justice code.
5 19 The purpose of the access is to monitor state compliance with
5 20 requirements under law.
5 21 The bill amends Code section 235A.15, relating to
5 22 authorized access to child abuse information. The information
5 23 which may be accessed includes any type of child abuse
5 24 information, including reports, assessments, and disposition
5 25 data. Access is available to the maximum extent the access is
5 26 available for a particular type of proceeding or hearing to
5 27 any of the following: a juvenile court, district court, court
5 28 or administrative agency hearing, expert witness, probation or
5 29 parole officer, juvenile court officer, or adult correctional
5 30 officer.
5 31 The bill amends Code section 235A.19, relating to requests
5 32 for correction or expungement of child abuse information and
5 33 appeal, to allow for access on the part of the persons
5 34 authorized by the bill prior to the conclusion of any
5 35 proceeding to correct or expunge child abuse information.
6 1 Unauthorized redissemination of child abuse information is
6 2 subject to civil and criminal penalties under Code chapter
6 3 235A.
6 4 The bill takes effect upon enactment.
6 5 LSB 3969HV 77
6 6 jp/sc/14
Text: HF02517 Text: HF02519 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
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