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
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