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House File 2518

Partial Bill History

Bill Text

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

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