Text: HSB00232                          Text: HSB00234
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 233

Bill Text

PAG LIN
  1  1                           DIVISION I 
  1  2                      CHILD ABUSE REGISTRY
  1  3    Section 1.  Section 232.70, subsection 4, Code 1997, is
  1  4 amended to read as follows:
  1  5    4.  The Upon receipt of a report the department of human
  1  6 services shall do all of the following:
  1  7    a.  Immediately, upon receipt of an oral report, make a
  1  8 determination as to whether the report constitutes an
  1  9 allegation of child abuse as defined in section 232.68;.
  1 10    b.  Make a report to the central registry if the oral
  1 11 report has been determined to constitute a child abuse
  1 12 allegation;
  1 13    c.  Forward a copy of the written report to the registry;
  1 14 and
  1 15    d. b.  Notify the appropriate county attorney of the
  1 16 receipt of any the report.
  1 17    Sec. 2.  Section 232.71, subsections 7, 8, and 9, Code
  1 18 1997, are amended to read as follows:
  1 19    7.  The department, upon completion of its investigation,
  1 20 shall make a preliminary report of its investigation as
  1 21 required containing the information required by subsection 2.
  1 22 A copy of this report shall be transmitted to juvenile court
  1 23 within four regular working days after the department
  1 24 initially receives the abuse report unless the juvenile court
  1 25 grants an extension of time for good cause shown.  If the
  1 26 preliminary report is not a complete report, a complete report
  1 27 shall be filed within ten working days of the receipt of the
  1 28 abuse report, unless the juvenile court grants an extension of
  1 29 time for good cause shown.  If required under section 232.71D,
  1 30 the report of the investigation shall be placed in the central
  1 31 registry.  The department shall notify a subject of the report
  1 32 of the result of the investigation, of the subject's right to
  1 33 correct the information pursuant to section 235A.19, and of
  1 34 the procedures to correct the information.  The juvenile court
  1 35 shall notify the registry department of any action it takes
  2  1 with respect to a suspected case of child abuse.
  2  2    8.  The department of human services shall transmit a copy
  2  3 of the report of its investigation, including actions taken or
  2  4 contemplated, to the registry.  The department of human
  2  5 services shall make periodic follow-up reports thereafter in a
  2  6 manner prescribed by the registry so that the registry is kept
  2  7 up-to-date and fully informed concerning the handling of a
  2  8 suspected case of child abuse.
  2  9    9 8.  The department of human services shall also transmit
  2 10 a copy of the report of its investigation to the county
  2 11 attorney.  The county attorney shall notify the registry
  2 12 department office which transmitted the report to the county
  2 13 attorney of any actions or contemplated actions with respect
  2 14 to a suspected alleged case of child abuse so that the
  2 15 registry department office is kept up-to-date and fully
  2 16 informed concerning the handling of such a the case.  If the
  2 17 report was placed in the central registry in accordance with
  2 18 section 232.71D, the department office shall notify the
  2 19 registry of any actions or contemplated actions by the county
  2 20 attorney concerning the report.
  2 21    Sec. 3.  Section 232.71, Code 1997, is amended by adding
  2 22 the following new subsection:
  2 23    NEW SUBSECTION.  18.  a.  For the purposes of this
  2 24 subsection, "petechia" means a pinpoint, round, nonraised,
  2 25 purplish-red hemorrhage in the skin.
  2 26    b.  Unless otherwise prohibited under section 234.40 or
  2 27 280.21, the reasonable and moderate use of physical discipline
  2 28 or corporal punishment by a child's parent, guardian, or
  2 29 custodian for purposes of restraining or correcting the child
  2 30 shall not be determined to be child abuse.  The age, physical
  2 31 size, and condition of the child, the location of any injury,
  2 32 and the frequency and recurrence of any injury shall be
  2 33 considered when determining whether an injury resulted from
  2 34 the reasonable and moderate use of physical discipline or
  2 35 corporal punishment by a child's parent, guardian, or
  3  1 custodian.
  3  2    Unless determined to be the result of physical discipline
  3  3 or corporal punishment that was not reasonable or moderate,
  3  4 the presence of a bruise, petechia, or other superficial mark
  3  5 which does not constitute a more significant injury, even if
  3  6 the bruise, petechia, or other superficial mark exists for
  3  7 more than twenty-four hours, shall not be determined to be
  3  8 child abuse.
  3  9    c.  Acts of physical discipline or corporal punishment
  3 10 which are not reasonable and moderate include but are not
  3 11 limited to any of the following:
  3 12    (1)  Throwing, kicking, burning, biting, or cutting a
  3 13 child.
  3 14    (2)  Striking a child with a closed fist.
  3 15    (3)  Striking or other action that results in a
  3 16 nonaccidental injury to a child who is less than eighteen
  3 17 months of age.
  3 18    (4)  Interfering with a child's breathing.
  3 19    (5)  Threatening a child with a dangerous weapon.
  3 20    (6)  Doing any other act that is likely to cause and does
  3 21 cause bodily injury greater than transient pain.
  3 22    Sec. 4.  Section 232.71A, subsection 7, Code 1997, is
  3 23 amended by striking the subsection.
  3 24    Sec. 5.  NEW SECTION.  232.71D  FOUNDED CHILD ABUSE –
  3 25 CENTRAL REGISTRY.
  3 26    1.  The requirements of this section shall apply to child
  3 27 abuse information in the report of an investigation performed
  3 28 in accordance with section 232.71 or in the report of an
  3 29 assessment performed in accordance with section 232.71A.
  3 30    2.  If the department determines the child suffered
  3 31 significant injury or was placed in great risk of injury, the
  3 32 name of the child and the alleged perpetrator of the child
  3 33 abuse shall be placed in the central registry as a case of
  3 34 founded child abuse.  The child shall be considered to have
  3 35 suffered significant injury or was placed in great risk of
  4  1 injury and the child abuse information shall be placed in the
  4  2 central registry as founded child abuse under any of the
  4  3 following circumstances:
  4  4    a.  The case was referred for juvenile or criminal court
  4  5 action as a result of the acts or omissions of the alleged
  4  6 perpetrator.
  4  7    b.  In the opinion of a health practitioner or mental
  4  8 health professional, the injury to the child was a result of
  4  9 the acts or omissions of the alleged perpetrator and required
  4 10 or should have required medical or mental health treatment.
  4 11 However, if the injury to the child was a physical injury
  4 12 resulting from the disciplinary action of the child's parent
  4 13 and the physical injury did not require medical or mental
  4 14 health treatment the injury shall not be considered to be
  4 15 founded child abuse.
  4 16    c.  The department receives a subsequent report and
  4 17 determines that the child suffered significant injury or was
  4 18 placed in great risk of injury due to the acts or omissions of
  4 19 the same alleged perpetrator.
  4 20    d.  The department determines the acts or omissions meet
  4 21 the definition of child abuse under section 232.68, subsection
  4 22 2, paragraph "c", and the alleged perpetrator of the acts or
  4 23 omissions is age fourteen or older.  However, the juvenile
  4 24 court may order the removal from the central registry of the
  4 25 name of an alleged perpetrator placed in the registry pursuant
  4 26 to this paragraph who is age fourteen through seventeen upon a
  4 27 finding of good cause.  The name of an alleged perpetrator who
  4 28 is less than age fourteen shall not be placed in the central
  4 29 registry pursuant to this paragraph.
  4 30    e.  The department determines the alleged perpetrator of
  4 31 the child abuse will continue to pose a danger to the child
  4 32 who is the subject of the report of child abuse or to another
  4 33 child with whom the alleged perpetrator may come into contact.
  4 34    3.  If child abuse information is placed in the central
  4 35 registry in accordance with this section, the department shall
  5  1 make periodic follow-up reports in a manner prescribed by the
  5  2 registry so that the registry is kept up-to-date and fully
  5  3 informed concerning the case.
  5  4    4.  In any other case, the child abuse information in the
  5  5 report of an investigation or an assessment shall not be
  5  6 placed in the central registry and notwithstanding chapter 22,
  5  7 the confidentiality of the information shall be maintained in
  5  8 accordance with chapter 235A.
  5  9    Sec. 6.  Section 235A.15, Code 1997, is amended to read as
  5 10 follows:
  5 11    235A.15  AUTHORIZED ACCESS – PROCEDURES INVOLVING OTHER
  5 12 STATES.
  5 13    1.  Notwithstanding chapter 22, the confidentiality of all
  5 14 child abuse information shall be maintained, except as
  5 15 specifically provided by subsection 2, 3, or 4.
  5 16    2.  Access to child abuse information other than unfounded
  5 17 child abuse information is authorized only to the following
  5 18 persons or entities:
  5 19    a.  Subjects of a report as follows:
  5 20    (1)  To a child named in a report as a victim of abuse or
  5 21 to the child's attorney or guardian ad litem.
  5 22    (2)  To a parent or the attorney for the parent of a child
  5 23 named in a report as a victim of abuse.
  5 24    (3)  To a guardian or legal custodian, or that person's at-
  5 25 torney, of a child named in a report as a victim of abuse.
  5 26    (4)  To a person or the attorney for the person named in a
  5 27 report as having abused a child.
  5 28    b.  Persons involved in an investigation of child abuse as
  5 29 follows:
  5 30    (1)  To a health practitioner or mental health professional
  5 31 who is examining, attending, or treating a child whom such
  5 32 practitioner or professional believes or has reason to believe
  5 33 has been the victim of abuse or to a health practitioner or
  5 34 mental health professional whose consultation with respect to
  5 35 a child believed to have been the victim of abuse is requested
  6  1 by the department.
  6  2    (2)  To an employee or agent of the department of human
  6  3 services responsible for the investigation of a child abuse
  6  4 report.
  6  5    (3)  To a law enforcement officer responsible for assisting
  6  6 in an investigation of a child abuse allegation or for the
  6  7 temporary emergency removal of a child from the child's home.
  6  8    (4)  To a multidisciplinary team, if the department of
  6  9 human services approves the composition of the
  6 10 multidisciplinary team and determines that access to the team
  6 11 is necessary to assist the department in the investigation,
  6 12 diagnosis, assessment, and disposition of a child abuse case.
  6 13    (5)  In an individual case, to the mandatory reporter who
  6 14 reported the child abuse.
  6 15    (6)  To the county attorney.
  6 16    (7)  To the juvenile court.
  6 17    (8)  To a licensing authority for a facility providing care
  6 18 to a child named in a report, if the licensing authority is
  6 19 notified of a relationship between facility policy and the
  6 20 alleged child abuse under section 232.71, subsection 4.
  6 21    (9)  To a person or agency responsible for the care or
  6 22 supervision of a child named in a report as a victim of abuse
  6 23 or a person named in a report as having abused a child, if the
  6 24 juvenile court or department deems access to child abuse
  6 25 information by the person or agency to be necessary.
  6 26    c.  Individuals, agencies, or facilities providing care to
  6 27 a child, but only with respect to disposition data for cases
  6 28 of founded child abuse placed in the central registry in
  6 29 accordance with section 232.71D as follows:
  6 30    (1)  To a licensing authority for a facility providing care
  6 31 to a child named in a report, if the licensing authority is
  6 32 notified of a relationship between facility policy and the
  6 33 child abuse under section 232.71, subsection 4.
  6 34    (2)  To an authorized person or agency responsible for the
  6 35 care or supervision of a child named in a report as a victim
  7  1 of abuse or a person named in a report as having abused a
  7  2 child, if the juvenile court or registry deems access to child
  7  3 abuse information by such person or agency to be necessary.
  7  4    (3) (1)  To an employee or agent of the department of human
  7  5 services responsible for registering or licensing or approving
  7  6 the registration or licensing of an agency or facility, or to
  7  7 an individual providing care to a child and regulated by the
  7  8 department.
  7  9    (4) (2)  To an employee of the department of human services
  7 10 responsible for an adoptive placement, a certified adoption
  7 11 investigator, or licensed child placing agency responsible for
  7 12 an adoptive placement.
  7 13    (5) (3)  To an administrator of a psychiatric medical
  7 14 institution for children licensed under chapter 135H.
  7 15    (6) (4)  To an administrator of a child foster care
  7 16 facility licensed under chapter 237 if the information
  7 17 concerns a person employed or being considered for employment
  7 18 by the facility.
  7 19    (7) (5)  To an administrator of a child day care facility
  7 20 registered or licensed under chapter 237A if the information
  7 21 concerns a person employed or being considered for employment
  7 22 by or living in the facility.
  7 23    (8) (6)  To the superintendent of the Iowa braille and
  7 24 sight saving school if the information concerns a person
  7 25 employed or being considered for employment or living in the
  7 26 school.
  7 27    (9) (7)  To the superintendent of the school for the deaf
  7 28 if the information concerns a person employed or being
  7 29 considered for employment or living in the school.
  7 30    (10) (8)  To an administrator of a community mental health
  7 31 center accredited under chapter 230A if the information
  7 32 concerns a person employed or being considered for employment
  7 33 by the center.
  7 34    (11) (9)  To an administrator of a facility or program
  7 35 operated by the state, a city, or a county which provides
  8  1 services or care directly to children, if the information
  8  2 concerns a person employed by or being considered for
  8  3 employment by the facility or program.
  8  4    (12) (10)  To an administrator of an agency certified by
  8  5 the department of human services to provide services under a
  8  6 medical assistance home and community-based services waiver,
  8  7 if the information concerns a person employed by or being
  8  8 considered by the agency for employment.
  8  9    (13) (11)  To the administrator of an agency providing
  8 10 mental health, mental retardation, or developmental disability
  8 11 services under a county management plan developed pursuant to
  8 12 section 331.439, if the information concerns a person employed
  8 13 by or being considered by the agency for employment.
  8 14    d.  Relating to judicial and administrative proceedings as
  8 15 follows:
  8 16    (1)  To a juvenile court involved in an adjudication or
  8 17 disposition of a child named in a report.
  8 18    (2)  To a district court upon a finding that information is
  8 19 necessary for the resolution of an issue arising in any phase
  8 20 of a case involving child abuse.
  8 21    (3)  To a court or administrative agency hearing an appeal
  8 22 for correction of child abuse information as provided in
  8 23 section 235A.19.
  8 24    (4)  To an expert witness at any stage of an appeal
  8 25 necessary for correction of child abuse information as
  8 26 provided in section 235A.19.
  8 27    (5)  To a probation or parole officer, juvenile court
  8 28 officer, or adult correctional officer having custody or
  8 29 supervision of, or conducting an investigation for a court or
  8 30 the board of parole regarding, a person named in a report as a
  8 31 victim of child abuse or as having abused a child.
  8 32    e.  Others as follows:
  8 33    (1)  To a person conducting bona fide research on child
  8 34 abuse, but without information identifying individuals named
  8 35 in a child abuse report, unless having that information open
  9  1 to review is essential to the research or evaluation and the
  9  2 authorized registry officials give prior written approval and
  9  3 the child, the child's guardian or guardian ad litem and the
  9  4 person named in a report as having abused a child give
  9  5 permission to release the information.
  9  6    (2)  To registry or department personnel when necessary to
  9  7 the performance of their official duties or to a person or
  9  8 agency under contract with the department to carry out
  9  9 official duties and functions of the registry.
  9 10    (3)  To the department of justice for the sole purpose of
  9 11 the filing of a claim for restitution or compensation pursuant
  9 12 to section 910A.5 and section 912.4, subsections 3 through 5.
  9 13 Information provided pursuant to this subparagraph is subject
  9 14 to the provisions of section 912.10.
  9 15    (4)  To a legally constituted child protection agency of
  9 16 another state which is investigating or treating a child named
  9 17 in a report as having been abused or which is investigating or
  9 18 treating a person named as having abused a child.
  9 19    (5)  To a public or licensed child placing agency of
  9 20 another state responsible for an adoptive or foster care
  9 21 preplacement or placement evaluation.
  9 22    (6) (5)  To the attorney for the department of human
  9 23 services who is responsible for representing the department.
  9 24    f.  Others but only with respect to disposition data for
  9 25 cases of founded child abuse placed in the central registry
  9 26 pursuant to section 232.71D as follows:
  9 27    (1)  To a public or licensed child-placing agency of
  9 28 another state responsible for an adoptive or foster care
  9 29 preplacement or placement evaluation.
  9 30    (7) (2)  To the state and local citizen foster care review
  9 31 boards created pursuant to sections 237.16 and 237.19.
  9 32    (8) (3)  To an employee or agent of the department of human
  9 33 services regarding a person who is providing child day care if
  9 34 the person is not registered or licensed to operate a child
  9 35 day care facility.
 10  1    (9) (4)  To the board of educational examiners created
 10  2 under chapter 272 for purposes of determining whether a
 10  3 practitioner's license should be denied or revoked.
 10  4    (10) (5)  To a legally constituted child protection agency
 10  5 in another state if the agency is conducting a records check
 10  6 of a person who is providing care or has applied to provide
 10  7 care to a child in the other state.
 10  8    (11) (6)  To the legally authorized protection and advocacy
 10  9 agency recognized in section 135C.2, if a person identified in
 10 10 the information as a victim or a perpetrator of abuse resides
 10 11 in or receives services from a facility or agency because the
 10 12 person is diagnosed as having a developmental disability or a
 10 13 mental illness.
 10 14    (12) (7)  To the department of human services for a record
 10 15 check relating to employment or residence pursuant to section
 10 16 218.13.
 10 17    (13) (8)  To an administrator of a child day care resource
 10 18 and referral agency which has entered into an agreement
 10 19 authorized by the department to provide child day care
 10 20 resource and referral services.  Access is authorized if the
 10 21 information concerns a person providing child day care
 10 22 services or a person employed by a provider of such services
 10 23 and the agency includes the provider as a referral or the
 10 24 provider has requested to be included as a referral.
 10 25    (14) (9)  To the Iowa board for the treatment of sexual
 10 26 abusers for purposes of certifying sex offender treatment
 10 27 providers.
 10 28    (15) (10)  To a person who submits written authorization
 10 29 from an individual allowing the person access to information
 10 30 pursuant to this subsection on behalf of the individual in
 10 31 order to verify whether the individual is named in a founded
 10 32 child abuse report as having abused a child.
 10 33    3.  Access to unfounded child abuse information is
 10 34 authorized only to those persons identified in subsection 2,
 10 35 paragraph "a", paragraph "b", subparagraphs (2) and (5), and
 11  1 paragraph "e", subparagraph (2), and to the department of
 11  2 justice for purposes of the crime victim compensation program
 11  3 in accordance with section 912.10.
 11  4    4 3.  Access to founded child abuse information placed in
 11  5 the central registry pursuant to section 232.71D is authorized
 11  6 to the department of personnel or to the personnel office of a
 11  7 public employer, as defined in section 20.3, as necessary for
 11  8 presentation in grievance or arbitration procedures provided
 11  9 for in sections 19A.14 and 20.18.  Child abuse information
 11 10 introduced into a grievance or arbitration proceeding shall
 11 11 not be considered a part of the public record of a case.
 11 12    4.  a.  If a child who is a legal resident of another state
 11 13 is present in this state and a report of child abuse is made
 11 14 concerning the child, the department shall act to ensure the
 11 15 safety of the child.  The department shall contact the child's
 11 16 state of legal residency to coordinate the investigation of
 11 17 the report.  If the child's state of residency refuses to
 11 18 conduct an investigation, the department shall commence an
 11 19 appropriate investigation.
 11 20    b.  If a report of child abuse is made concerning an
 11 21 alleged perpetrator who resides in this state and a child who
 11 22 resides in another state, the department shall assist the
 11 23 child's state of residency in conducting an investigation of
 11 24 the report.  The assistance shall include but is not limited
 11 25 to an offer to interview the alleged perpetrator and any other
 11 26 relevant source.  If the child's state of residency refuses to
 11 27 conduct an investigation of the report, the department shall
 11 28 commence an appropriate investigation.  The department shall
 11 29 seek to develop protocols with states contiguous to this state
 11 30 for coordination in the investigation of a report of child
 11 31 abuse when a person involved with the report is a resident of
 11 32 another state.
 11 33    Sec. 7.  Section 235A.17, subsection 2, Code 1997, is
 11 34 amended to read as follows:
 11 35    2.  The department of human services may notify orally the
 12  1 mandatory reporter in an individual child abuse case of the
 12  2 results of the case investigation and of the confidentiality
 12  3 provisions of sections 235A.15 and 235A.21.  The department
 12  4 shall subsequently transmit a written notice to the mandatory
 12  5 reporter of the results and confidentiality provisions.  A If
 12  6 the child abuse information has been placed in the registry as
 12  7 founded child abuse pursuant to section 232.71D, a copy of the
 12  8 written notice shall be transmitted to the registry and shall
 12  9 be maintained by the registry as provided in section 235A.18.
 12 10 Otherwise, a copy of the written notice shall be retained by
 12 11 the department with the case file.
 12 12    Sec. 8.  Section 235A.18, Code 1997, is amended to read as
 12 13 follows:
 12 14    235A.18  SEALING AND EXPUNGEMENT OF FOUNDED CHILD ABUSE
 12 15 INFORMATION.
 12 16    1.  Child abuse information relating to a particular case
 12 17 of alleged abuse which has been determined to be founded child
 12 18 abuse and placed in the central registry in accordance with
 12 19 section 232.71D shall be maintained in the registry as
 12 20 follows:
 12 21    a.  Child abuse information relating to a particular case
 12 22 of suspected alleged child abuse shall be sealed ten years
 12 23 after the receipt initial placement of the initial report of
 12 24 such child abuse by information in the registry unless good
 12 25 cause be shown why the information should remain open to
 12 26 authorized access.  If a subsequent report of a suspected an
 12 27 alleged case of child abuse involving the child named in the
 12 28 initial report child abuse information as the victim of abuse
 12 29 or a person named in such report the information as having
 12 30 abused a child is received by the registry department within
 12 31 this ten-year period, the information shall be sealed ten
 12 32 years after receipt of the subsequent report unless good cause
 12 33 be shown why the information should remain open to authorized
 12 34 access.
 12 35    b.  The information Information sealed in accordance with
 13  1 this section shall be expunged from the central registry eight
 13  2 years after the date the information was sealed.
 13  3    2.  Child abuse information which cannot be determined by a
 13  4 preponderance of the evidence to be founded or unfounded shall
 13  5 be sealed one year after the receipt of the initial report of
 13  6 abuse and expunged five years after the date it was sealed.
 13  7 Child abuse information which is determined by a preponderance
 13  8 of the evidence to be unfounded shall be expunged when it is
 13  9 determined to be unfounded.  A report shall be determined to
 13 10 be unfounded as a result of any of the following:
 13 11    a.  The investigation of a report of suspected child abuse
 13 12 by the department.
 13 13    b.  A successful appeal as provided in section 235A.19.
 13 14    c.  A court finding by a juvenile or district court.
 13 15    The juvenile or district court and county attorney shall
 13 16 expunge child abuse information upon notice from the registry.
 13 17 The supreme court shall prescribe rules establishing the
 13 18 period of time child abuse information is retained by the
 13 19 juvenile and district court.  A county attorney shall not
 13 20 retain child abuse information in excess of the time period
 13 21 the information would be retained under the rules prescribed
 13 22 by the supreme court.
 13 23    3.  However, if a correction of child abuse information is
 13 24 requested under section 235A.19 and the issue is not resolved
 13 25 at the end of the one-year period, the information shall be
 13 26 retained until the issue is resolved and if the child abuse
 13 27 information is not determined to be founded, the information
 13 28 shall be expunged from the central registry at the appropriate
 13 29 time under subsection 2 1.
 13 30    4.  The registry, at least once a year, shall review and
 13 31 determine the current status of child abuse reports which are
 13 32 transmitted or made to the registry after July 1, 1974, which
 13 33 are at least one year old and in connection with which no
 13 34 investigatory report has been filed by the department of human
 13 35 services pursuant to section 232.71.  If no such investigatory
 14  1 report has been filed, the registry shall request the
 14  2 department of human services to file a report.  In the event a
 14  3 report is not filed within ninety days subsequent to such a
 14  4 request, the report and information relating thereto shall be
 14  5 sealed and remain sealed unless good cause be shown why the
 14  6 information should remain open to authorized access.  If
 14  7 required by this subsection, for child abuse information in
 14  8 the central registry as of July 1, 1997, the central registry
 14  9 shall perform a review of the information utilizing the
 14 10 requirements for referral of child abuse information to the
 14 11 central registry as founded child abuse under section 232.71D.
 14 12 If the review indicates the information would not be placed in
 14 13 the registry as founded child abuse under section 232.71D, the
 14 14 information shall be expunged from the central registry.  If
 14 15 the review indicates the child abuse information would be
 14 16 placed in the central registry under section 232.71D, the
 14 17 information shall be subject to the provisions of subsection
 14 18 1, as to the time period the information is to be retained in
 14 19 the registry.  A review shall be performed under any of the
 14 20 following conditions:
 14 21    a.  The department is considering the information while
 14 22 performing a registry check under section 235A.15.
 14 23    b.  A review is indicated under a procedure for performing
 14 24 reviews adopted by the department.
 14 25    5.  The department of human services shall adopt rules
 14 26 establishing the period of time child abuse information which
 14 27 is not maintained in the central registry is retained by the
 14 28 department.
 14 29    Sec. 9.  Section 235A.19, subsection 1, Code 1997, is
 14 30 amended to read as follows:
 14 31    1.  A subject of a child abuse report, as identified in
 14 32 section 235A.15, subsection 2, paragraph "a", shall have the
 14 33 right to examine child abuse information in the registry which
 14 34 refers to the subject.  The registry department of human
 14 35 services may prescribe reasonable hours and places of
 15  1 examination.
 15  2    Sec. 10.  Section 235A.19, subsection 2, paragraph a, Code
 15  3 1997, is amended to read as follows:
 15  4    a.  A subject of a child abuse report may file with the
 15  5 department within six months of the date of the notice of the
 15  6 results of an investigation required by section 232.71,
 15  7 subsection 7, or an assessment performed in accordance with
 15  8 section 232.71A, a written statement to the effect that child
 15  9 abuse information referring to the subject is in whole or in
 15 10 part erroneous, and may request a correction of that
 15 11 information or of the findings of the investigation or
 15 12 assessment report.  The department shall provide the subject
 15 13 with an opportunity for an evidentiary hearing pursuant to
 15 14 chapter 17A to correct the information or the findings, unless
 15 15 the department corrects the information or findings as
 15 16 requested.  The department shall delay the expungement of
 15 17 information which is not determined to be founded until the
 15 18 conclusion of a proceeding to correct the information or
 15 19 findings.  The department may defer the hearing until the
 15 20 conclusion of a pending juvenile or district court case
 15 21 relating to the information or findings.
 15 22    Sec. 11.  Section 235A.22, Code 1997, is amended to read as
 15 23 follows:
 15 24    235A.22  EDUCATION PROGRAM.
 15 25    The department of human services shall require an
 15 26 educational program for employees of the registry department
 15 27 with access to child abuse information on the proper use and
 15 28 control of child abuse information.
 15 29    Sec. 12.  Section 235A.23, Code 1997, is amended to read as
 15 30 follows:
 15 31    235A.23  REGISTRY REPORTS.
 15 32    1.  The registry department of human services may compile
 15 33 statistics, conduct research, and issue reports on child
 15 34 abuse, provided identifying details of the subject of child
 15 35 abuse reports are deleted from any report issued.
 16  1    2.  The registry department shall issue an annual report on
 16  2 its administrative operation, including information as to the
 16  3 number of requests for child abuse data, the proportion of
 16  4 requests attributable to each type of authorized access, the
 16  5 frequency and nature of irregularities, and other pertinent
 16  6 matters.
 16  7    Sec. 13.  REGISTRY REVIEWS.  A person who is a subject of a
 16  8 child abuse report which, as of July 1, 1997, is included as
 16  9 information in the central registry under chapter 235A may
 16 10 submit a written request for review and expungement of the
 16 11 information from the central registry which refers to the
 16 12 person.  The request must be submitted during the period
 16 13 beginning July 1, 1997, and ending December 31, 1997.  The
 16 14 department shall perform the review in accordance with the
 16 15 provisions of section 235A.18, subsection 4, as enacted by
 16 16 this Act.  The department shall perform a requested review and
 16 17 issue a decision to the requestor in a timely manner, given
 16 18 the personnel resources available to the department for
 16 19 performing reviews.  
 16 20                           DIVISION II
 16 21             ASSESSMENT-BASED AMENDMENTS – REPEALS
 16 22    Sec. 14.  Section 232.71B, subsection 4, paragraph f, if
 16 23 enacted by 1997 Iowa Acts, Senate File 230, is amended by
 16 24 striking the paragraph and inserting in lieu thereof the
 16 25 following:
 16 26    f.  For the purposes of this subsection, "petechia" means a
 16 27 pinpoint, round, nonraised, purplish-red hemorrhage in the
 16 28 skin.  Unless otherwise prohibited under section 234.40 or
 16 29 280.21, the reasonable and moderate use of physical discipline
 16 30 or corporal punishment by a child's parent, guardian, or
 16 31 custodian for purposes of restraining or correcting the child
 16 32 shall not be determined to be child abuse.  The age, physical
 16 33 size, and condition of the child, the location of any injury,
 16 34 and the frequency and recurrence of any injury shall be
 16 35 considered when determining whether an injury resulted from
 17  1 the reasonable and moderate use of physical discipline or
 17  2 corporal punishment by a child's parent, guardian, or
 17  3 custodian.
 17  4    Unless determined to be the result of physical discipline
 17  5 or corporal punishment which was not reasonable or moderate,
 17  6 the presence of a bruise, petechia, or other superficial mark
 17  7 which does not constitute a more significant injury, even if
 17  8 the bruise, petechia, or other, superficial mark exists for
 17  9 more than twenty-four hours, shall not be determined to be
 17 10 child abuse.  Acts of physical discipline or corporal
 17 11 punishment which are not reasonable and moderate include but
 17 12 are not limited to any of the following:
 17 13    (1)  Throwing, kicking, burning, biting, or cutting a
 17 14 child.
 17 15    (2)  Striking a child with a closed fist.
 17 16    (3)  Striking or other action that results in a
 17 17 nonaccidental injury to a child who is less than eighteen
 17 18 months of age.
 17 19    (4)  Interfering with a child's breathing.
 17 20    (5)  Threatening a child with a dangerous weapon.
 17 21    (6)  Doing any other act that is likely to cause and does
 17 22 cause bodily injury greater than transient pain.
 17 23    Sec. 15.  Section 232.71B, subsection 11, if enacted by
 17 24 1997 Iowa Acts, Senate File 230, is amended by adding the
 17 25 following new paragraph:
 17 26    NEW PARAGRAPH.  g.  The department shall notify the
 17 27 subjects of the child abuse report, as identified in section
 17 28 235A.15, subsection 2, paragraph "a", of the results of the
 17 29 assessment, of the subject's right, pursuant to section
 17 30 235A.19, to correct the child abuse information which refers
 17 31 to the subject, and of the procedures to correct the
 17 32 information.
 17 33    Sec. 16.  Section 232.71D, subsection 1, as enacted by this
 17 34 Act, is amended by striking the words "in the report of an
 17 35 investigation performed in accordance with section 232.71 or".
 18  1    Sec. 17.  Section 232.71D, subsection 4, as enacted by this
 18  2 Act, is amended by striking the words "an investigation or".
 18  3    Sec. 18.  EFFECTIVE DATE.  Enactment of this division of
 18  4 this Act is contingent upon the enactment of 1997 Iowa Acts,
 18  5 Senate File 230.  If Senate File 230 is enacted, this division
 18  6 of this Act takes effect July 1, 1998.  
 18  7                           EXPLANATION
 18  8    This bill relates to the central registry for child abuse
 18  9 information in the department of human services by providing
 18 10 criteria for the types of information to be placed in the
 18 11 registry and providing for the time period information is
 18 12 maintained.
 18 13    Code section 232.70, relating to the reporting procedure
 18 14 for child abuse, is amended to provide that upon receipt of a
 18 15 child abuse report, the department does not automatically
 18 16 forward the report to the central child abuse registry.
 18 17    Code section 232.71, relating to child abuse
 18 18 investigations, is amended to provide that only serious cases
 18 19 of child abuse are placed in the central registry following an
 18 20 investigation, as provided in new Code section 232.71D which
 18 21 appears later in the bill.  Requirements for provision of
 18 22 follow-up information when a report is placed in the central
 18 23 registry are shifted to new Code section 232.71D.
 18 24    Code section 232.71 is amended with a new subsection
 18 25 outlining the process to be used by the department in
 18 26 conducting an investigation in response to a child abuse
 18 27 report.  The new language instructs the department that unless
 18 28 prohibited by law, reasonable or moderate use of physical
 18 29 discipline or corporal punishment by a child's parent,
 18 30 guardian, or custodian for purposes of restraining or
 18 31 correcting the child shall not be determined to be child
 18 32 abuse.  The bill includes a list of acts which are not to be
 18 33 considered as reasonable or moderate use of physical
 18 34 discipline or corporal punishment.  In division II of the bill
 18 35 the same language replaces language in new Code section
 19  1 232.71B, in Senate File 230, if enacted.  Under Senate File
 19  2 230, if enacted, section 232.71 will be repealed July 1, 1998.
 19  3 The replaced provision instructed the department that corporal
 19  4 punishment by the person responsible for the care of a child
 19  5 which does not result in a physical injury to the child shall
 19  6 not be considered child abuse.
 19  7    Code section 232.71A, relating to assessments performed by
 19  8 the department in response to a report of child abuse, is
 19  9 amended to strike the subsection relating to placement of
 19 10 founded child abuse information in the central child abuse
 19 11 registry.  The stricken language is replaced in new Code
 19 12 section 232.71D.
 19 13    Code section 234.40 prohibits the use of corporal
 19 14 punishment by a foster parent and Code section 280.21
 19 15 prohibits the use of corporal punishment by school employees.
 19 16    New Code section 232.71D provides that following either an
 19 17 investigation or an assessment, if the department determines a
 19 18 child suffered significant injury or was placed in great risk
 19 19 of injury, the child abuse information is transmitted to the
 19 20 central child abuse registry.  For any of the following, the
 19 21 child shall be considered to have suffered significant injury
 19 22 or was placed in great risk of injury:  referral of the case
 19 23 for juvenile or criminal court action, the injury to the child
 19 24 required or should have required medical or mental health
 19 25 treatment, a subsequent report is made and the department
 19 26 determines the child suffered significant injury or was placed
 19 27 in great risk of significant injury, the alleged child abuse
 19 28 was sexual abuse, or the alleged perpetrator will continue to
 19 29 pose a risk to the child or to another child with whom the
 19 30 alleged perpetrator may come into contact.  In any other case
 19 31 the child abuse information is not placed in the central
 19 32 registry.
 19 33    The bill makes various amendments to Code chapter 235A,
 19 34 relating to the central child abuse registry and to child
 19 35 abuse information confidentiality and access requirements.
 20  1    Code chapter 235A addresses confidentiality for all
 20  2 components of the child protection system:  child abuse
 20  3 reports, investigations, and dispositions.  Under current law,
 20  4 Code section 235A.15 provides for access to all types of child
 20  5 abuse information and lists who has access to the various
 20  6 types of information.  The bill revises the access
 20  7 requirements.
 20  8    Code section 235A.15, subsection 2, paragraph "b", is
 20  9 amended so that the list of persons involved in an
 20 10 investigation retain access to all types of information but
 20 11 the list is expanded to include situations where licensing
 20 12 authorities are notified concerning policies of a facility
 20 13 providing care to a child named in a report and to agencies,
 20 14 persons, and alleged abusers if the juvenile court or
 20 15 department deems the access as necessary.  In addition, the
 20 16 county attorney and juvenile court are included in the list of
 20 17 persons with authorized access.
 20 18    Code section 235A.15, subsection 2, paragraph "c", is
 20 19 amended so that licensing authorities and persons deemed
 20 20 necessary added above are stricken from the list of persons
 20 21 providing care to a child.  The bill also amends that
 20 22 paragraph "c" to restrict access to child abuse information by
 20 23 individuals, agencies, or facilities providing care to a child
 20 24 to only disposition data for cases of founded child abuse
 20 25 placed on the central registry in accordance with new Code
 20 26 section 232.71D.
 20 27    Code section 235A.15, subsection 2, paragraph "e", is
 20 28 amended to remove child placing agencies in other states from
 20 29 the list of persons with access to all types of child abuse
 20 30 information.  Instead, such agencies would have access only to
 20 31 founded disposition data placed in the central registry in
 20 32 accordance with new Code section 232.71D.
 20 33    Code section 235A.15, subsection 2, is amended with a new
 20 34 paragraph "f", which restricts an extensive list of persons
 20 35 who currently have general registry access to have access only
 21  1 to founded child abuse information placed in the central
 21  2 registry in accordance with section 232.71D.
 21  3    Code section 235A.17 relates to redissemination of child
 21  4 abuse information in the registry.  The bill amends references
 21  5 to the registry in provisions relating to notification of
 21  6 investigation results to the mandatory reporter who reported
 21  7 child abuse.
 21  8    Code section 235A.18 relates to sealing and expungement of
 21  9 child abuse information in the registry.  Under current law
 21 10 there are three possible findings resulting from a child abuse
 21 11 investigation:  founded, undetermined, and unfounded.  This
 21 12 Code section then provides for the length of time child abuse
 21 13 information is retained in the registry, depending upon the
 21 14 finding.  Under the bill, only founded information referred to
 21 15 the registry under Code section 232.71D will be placed in the
 21 16 registry.  Consequently, the bill eliminates the registry's
 21 17 records retention requirements for the undetermined and
 21 18 unfounded categories.
 21 19    Code section 235A.18 provides for the registry to review
 21 20 and remove information placed in the registry under the law in
 21 21 effect prior to July 1, 1997, if the information would not be
 21 22 placed in the registry under the criteria established in the
 21 23 bill in new Code section 232.71D.
 21 24    The supreme court is to prescribe rules for the period of
 21 25 time child abuse information is to be retained by the court.
 21 26 The county attorney is to abide by the time periods applicable
 21 27 to the court for retaining child abuse information.  The
 21 28 department of human services is to adopt rules for the same
 21 29 purpose for child abuse information which is not placed in the
 21 30 registry.
 21 31    Code section 235A.19 relates to examination of records and
 21 32 requests for correction or expungement and appeals by a
 21 33 subject of a child abuse report.  This section is amended to
 21 34 provide for review and appeal of child abuse information by a
 21 35 subject, whether or not the information is placed in the
 22  1 registry.  In addition, the bill deletes a reference to
 22  2 expungement of unfounded information.
 22  3    Code section 235A.22 which requires education of registry
 22  4 employees concerning use of control of child abuse information
 22  5 is amended to apply to the department's employees with access
 22  6 to child abuse information.
 22  7    Code section 235A.23, relating to registry reports, is
 22  8 expanded to apply to the overall department of human services.
 22  9    Division I includes a temporary law provision authorizing
 22 10 subjects of child abuse information placed in the central
 22 11 registry as founded child abuse to request a review of the
 22 12 information referring to the subject.  The request must be
 22 13 submitted during the period of July 1, 1997, through December
 22 14 31, 1997.  The review is to be performed utilizing the
 22 15 criteria contained in new Code section 232.71D included in the
 22 16 bill.
 22 17    In division II of the bill, in addition to the instructions
 22 18 regarding physical discipline or corporal punishment
 22 19 previously described, the bill further amends Senate File 230.
 22 20 The amendment reinserts language in current law requiring the
 22 21 department of human services to notify a subject of a child
 22 22 abuse report concerning the results of an assessment and of
 22 23 the subject's right to correct child abuse information which
 22 24 refers to the subject.
 22 25    Division II strikes references to the investigation-based
 22 26 approach from new Code section 232.71D which is in the bill.
 22 27    Division II only takes effect in the event Senate File 230
 22 28 is enacted.  If Senate File 230 is enacted, division II of
 22 29 this bill takes effect July 1, 1998.  
 22 30 LSB 2120HC 77
 22 31 jp/jj/8.1
     

Text: HSB00232                          Text: HSB00234
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

Iowa General Assembly

Search: House Bills and Amendments (77th General Assembly)

© 1997 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Mar 13 08:03:31 CST 1997
URL: /DOCS/GA/77GA/Legislation/HSB/00200/HSB00233/970312.html
jhf