Text: S03476 Text: S03478 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 698, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 1, by inserting before line 3 the 1 4 following: 1 5 "Sec. . Section 232.68, unnumbered paragraph 1, 1 6 Code 1997, is amended to read as follows: 1 7 The definitions in section 235A.13 are applicable 1 8 to this part 2 of division III. As used in sections 1 9 232.67 through 232.77 and 235A.12 through 235A.23, 1 10 unless the context otherwise requires:" 1 11 #2. Page 1, by striking lines 33 and 34 and 1 12 inserting the following: "correct theinformation1 13 report data and disposition data pursuant to section 1 14 235A.19, and of the procedures to correct the 1 15informationdata. The juvenile court". 1 16 #3. Page 3, by striking line 19 and inserting the 1 17 following: "injury was not minor and isolated and is 1 18 likely to reoccur." 1 19 #4. Page 3, line 24, by striking the word 1 20 "another" and inserting the following: "a prior". 1 21 #5. Page 4, by striking line 10 and inserting the 1 22 following: "welfare was not minor and isolated and is 1 23 likely to reoccur, in". 1 24 #6. Page 5, line 3, by inserting after the word 1 25 "department" the following: "of human services and 1 26 the department of inspections and appeals". 1 27 #7. Page 5, by inserting after line 11 the 1 28 following: 1 29 "(11) The Iowa braille and sight saving school and 1 30 the Iowa school for the deaf controlled by the state 1 31 board of regents." 1 32 #8. Page 5, line 16, by striking the words "child 1 33 abuse information is" and inserting the following: 1 34 "report data and disposition data are". 1 35 #9. Page 5, by striking lines 21 through 25 and 1 36 inserting the following: 1 37 "4. a. The confidentiality of all of the 1 38 following shall be maintained in accordance with 1 39 section 217.30: 1 40 (1) Investigation or assessment data. 1 41 (2) Information pertaining to an allegation of 1 42 child abuse for which there was no investigation or 1 43 assessment performed. 1 44 (3) Information pertaining to an allegation of 1 45 child abuse which was determined to not meet the 1 46 definition of child abuse. 1 47 (4) Report data and disposition data pertaining to 1 48 an allegation of child abuse determined to meet the 1 49 definition of child abuse which is not subject to 1 50 placement in the central registry. Individuals 2 1 identified in section 235A.15, subsection 3, are 2 2 authorized to have access to such data under section 2 3 217.30. 2 4 b. The confidentiality of report data and 2 5 disposition data pertaining to an allegation of child 2 6 abuse determined to meet the definition of child abuse 2 7 which is subject to placement in the central registry, 2 8 shall be maintained as provided in chapter 235A." 2 9 #10. Page 5, by inserting before line 26 the 2 10 following: 2 11 "Sec. ___. Section 235A.13, Code 1997, is amended 2 12 by adding the following new subsection: 2 13 NEW SUBSECTION. 2A. "Department" means the 2 14 department of human services. 2 15 Sec. . Section 235A.13, subsections 1, 6, and 2 16 8, Code 1997, are amended to read as follows: 2 17 1. "Child abuse information" means any or all of 2 18 the following data maintained by the department in a 2 19 manual or automated data storage system and 2 20 individually identified: 2 21 a. Report data. 2 22 b. Investigation or assessment data. 2 23 c. Disposition data. 2 24 6. "Investigation or assessment data" means any of 2 25 the following information pertaining to the 2 26 department's evaluation ofreport data, includinga 2 27 family: 2 28a. Additional information as to the nature, extent2 29and cause of the injury, and the identity of persons2 30responsible therefor.2 31b. The names and conditions of other children in2 32the home.2 33c. The child's home environment and relationships2 34with parents or others responsible for the child's2 35care.2 36 a. Identification of the strengths and needs of 2 37 the child, and of the child's parent, home, and 2 38 family. 2 39 b. Identification of services available from the 2 40 department and informal and formal services and other 2 41 support available in the community to meet identified 2 42 strengths and needs. 2 43 8. "Report data" means any of the following 2 44 information pertaining toany occasion involving or2 45reasonably believed to involvean investigation or 2 46 assessment of an allegation of child abuse, including2 47 in which the department has determined the alleged 2 48 child abuse meets the definition of child abuse: 2 49 a. The name and address of the child and the 2 50 child's parents or other persons responsible for the 3 1 child's care. 3 2 b. The age of the child. 3 3 c. The nature and extent of the injury, including 3 4 evidence of any previous injury. 3 5 d.Any otherAdditional informationbelieved to be3 6helpful in establishingas to the nature, extent, and 3 7 cause of the injury, and the identity of the person or 3 8 persons alleged to be responsiblethereforfor the 3 9 injury. 3 10 e. The names and conditions of other children in 3 11 the child's home. 3 12 f. Any other information believed to be helpful in 3 13 establishing the information in paragraph "d". 3 14 Sec. . Section 235A.14, subsection 6, Code 3 15 1997, is amended to read as follows 3 16 6. The central registry shall includebut not be3 17limited toreport data, investigation dataand 3 18 disposition data which is subject to placement in the 3 19 central registry under section 232.71D. The central 3 20 registry shall not include assessment data." 3 21 #11. Page 5, line 33, by striking the words "child 3 22 abuse information" and inserting the following: 3 23 "child abuse information". 3 24 #12. Page 5, line 34, by striking the word "is" 3 25 and inserting the following: "isreport data and 3 26 disposition data subject to placement in the central 3 27 registry pursuant to section 232.71D are". 3 28 #13. Page 6, line 10, by inserting after the word 3 29 "investigation" the following: "or assessment". 3 30 #14. Page 6, line 20, by inserting after the word 3 31 "investigation" the following: "or assessment". 3 32 #15. Page 7, lines 6 and 7, by striking the words 3 33 "child abuse information" and inserting the following: 3 34 "report data and disposition data". 3 35 #16. Page 7, line 9, by inserting after the word 3 36 "data" the following: "and, if authorized in law to 3 37 the extent necessary for purposes of an employment 3 38 evaluation, report data,". 3 39 #17. Page 7, by striking lines 21 through 29 and 3 40 inserting the following: 3 41 "(3) To an employee or agent of the department of3 42human services responsible for registering or3 43licensing or approving the registration or licensing3 44of an agency or facility, or to an individual3 45providing care to a child and regulated by the3 46department.3 47(4) To an employee of the department of human3 48services responsible for an adoptive placement, a3 49certified adoption investigator, or licensed child3 50placing agency responsible for an adoptive placement." 4 1 #18. Page 7, line 30, by striking the figure "3" 4 2 and inserting the following: "1". 4 3 #19. Page 7, line 32, by striking the figure "4" 4 4 and inserting the following: "2". 4 5 #20. Page 7, line 33, by striking the word 4 6 "information" and inserting the following: 4 7 "informationdata". 4 8 #21. Page 8, line 1, by striking the figure "5" 4 9 and inserting the following: "3". 4 10 #22. Page 8, line 2, by striking the word 4 11 "information" and inserting the following: 4 12 "informationdata". 4 13 #23. Page 8, line 5, by striking the figure "6" 4 14 and inserting the following: "4". 4 15 #24. Page 8, line 6, by striking the word 4 16 "information" and inserting the following: 4 17 "informationdata". 4 18 #25. Page 8, line 9, by striking the figure "7" 4 19 and inserting the following: "5". 4 20 #26. Page 8, line 10, by striking the word 4 21 "information" and inserting the following: 4 22 "informationdata". 4 23 #27. Page 8, line 12, by striking the figure "8" 4 24 and inserting the following: "6". 4 25 #28. Page 8, line 13, by striking the word 4 26 "information" and inserting the following: 4 27 "informationdata". 4 28 #29. Page 8, line 16, by striking the figure "9" 4 29 and inserting the following: "7". 4 30 #30. Page 8, line 18, by striking the word 4 31 "information" and inserting the following: 4 32 "informationdata". 4 33 #31. Page 8, line 21, by striking the figure "10" 4 34 and inserting the following: "8". 4 35 #32. Page 8, line 24, by striking the word 4 36 "information" and inserting the following: 4 37 "informationdata". 4 38 #33. Page 8, line 26, by striking the figure "11" 4 39 and inserting the following: "9". 4 40 #34. Page 8, line 29, by striking the word 4 41 "information" and inserting the following: 4 42 "informationdata". 4 43 #35. Page 8, by inserting after line 30 the 4 44 following: 4 45 "(10) To an administrator of a child day care 4 46 resource and referral agency which has entered into an 4 47 agreement authorized by the department to provide 4 48 child day care resource and referral services. Access 4 49 is authorized if the data concerns a person providing 4 50 child day care services or a person employed by a 5 1 provider of such services and the agency includes the 5 2 provider as a referral or the provider has requested 5 3 to be included as a referral." 5 4 #36. Page 8, line 31, by striking the word 5 5 "Relating" and inserting the following: "Relating5 6 Report data and disposition data, and investigation or 5 7 assessment data to the extent necessary for resolution 5 8 of the proceeding, relating". 5 9 #37. Page 8, line 35, by striking the word 5 10 "information" and inserting the following: 5 11 "informationdata". 5 12 #38. Page 9, line 4, by striking the words "child 5 13 abuse information" and inserting the following: 5 14 "child abuse informationreport data and disposition 5 15 data". 5 16 #39. Page 9, line 7, by striking the words "child 5 17 abuse information" and inserting the following: 5 18 "child abuse informationreport data and disposition 5 19 data". 5 20 #40. Page 9, line 14, by inserting after the word 5 21 "follows" the following: ", but only with respect to 5 22 report data and disposition data for cases of founded 5 23 child abuse subject to placement in the registry 5 24 pursuant to section 232.71D". 5 25 #41. Page 9, line 16, by striking the word 5 26 "information" and inserting the following: 5 27 "informationdata". 5 28 #42. Page 9, line 17, by striking the word 5 29 "information" and inserting the following: 5 30 "informationdata". 5 31 #43. Page 9, line 22, by striking the word 5 32 "information" and inserting the following: 5 33 "informationdata". 5 34 #44. Page 9, line 26, by striking the word 5 35 "registry" and inserting the following: "registry5 36 department". 5 37 #45. Page 9, line 30, by striking the word 5 38 "Information" an inserting the following: "Data". 5 39 #46. Page 9, line 33, by inserting after the word 5 40 "investigating" the following: "or assessing". 5 41 #47. Page 9, line 34, by inserting after the word 5 42 "investigating" the following: "or assessing". 5 43 #48. Page 10, by striking lines 1 through 3 and 5 44 inserting the following: 5 45 "(5) To a public or licensed child-placing agency 5 46 of another state responsible for an adoptive or foster 5 47 care preplacement or placement evaluation." 5 48 #49. Page 10, line 4, by striking the figures "(6)5 49 (5)" and inserting the following: "(6)". 5 50 #50. Page 10, by striking lines 6 through 11. 6 1 #51. Page 10, line 12, by striking the figures 6 2 "(7)(2)" and inserting the following: "(7)". 6 3 #52. Page 10, line 14, by striking the figures 6 4 "(8)(3)" and inserting the following: "(8)". 6 5 #53. Page 10, line 18, by striking the figures 6 6 "(9)(4)" and inserting the following: "(9)". 6 7 #54. Page 10, line 21, by striking the figures 6 8 "(10)(5)" and inserting the following: "(10)". 6 9 #55. Page 10, line 25, by striking the figures 6 10 "(11)(6)" and inserting the following: "(11)". 6 11 #56. Page 10, line 31, by striking the figures 6 12 "(12)(7)" and inserting the following: "(12)". 6 13 #57. By striking page 10, line 34, through page 6 14 11, line 6, and inserting the following: 6 15 "(13) To an administrator of a child day care6 16resource and referral agency which has entered into an6 17agreement authorized by the department to provide6 18child day care resource and referral services. Access6 19is authorized if the information concerns a person6 20providing child day care services or a person employed6 21by a provider of such services and the agency includes6 22the provider as a referral or the provider has6 23requested to be included as a referral." 6 24 #58. Page 11, line 7, by striking the figure "(9)" 6 25 and inserting the following: "(13)". 6 26 #59. Page 11, by inserting after line 9 the 6 27 following: 6 28 "(14) To an employee or agent of the department 6 29 responsible for registering or licensing or approving 6 30 the registration or licensing of an agency or 6 31 facility, or to an individual providing care to a 6 32 child and regulated by the department. 6 33 (15) To an employee of the department responsible 6 34 for an adoptive placement, a certified adoption 6 35 investigator, or licensed child placing agency 6 36 responsible for an adoptive placement. 6 37 f. The following, but only with respect to 6 38 disposition data for cases of founded child abuse 6 39 subject to placement in the central registry pursuant 6 40 to section 232.71D:" 6 41 #60. Page 11, line 10, by striking the figure 6 42 "(10)". 6 43 #61. Page 11, line 11, by striking the word 6 44 "information" and inserting the following: 6 45 "informationdata". 6 46 #62. Page 11, by inserting after line 20 the 6 47 following: 6 48 "3. Access to report data and disposition data for 6 49 a case of child abuse determined to meet the 6 50 definition of child abuse, which data is not subject 7 1 to placement in the central registry pursuant to 7 2 section 232.71D, is authorized only to the following 7 3 persons: 7 4 a. Subjects of a report identified in subsection 7 5 2, paragraph "a". 7 6 b. Persons involved in an investigation or 7 7 assessment of child abuse identified in subsection 2, 7 8 paragraph "b", subparagraphs (2), (3), (4), (6), (7), 7 9 and (9). 7 10 c. Others identified in subsection 2, paragraph 7 11 "e", subparagraphs (2), (3), and (6). 7 12 4. Access to report data for a case of child abuse 7 13 determined to not meet the definition of child abuse, 7 14 which data is not subject to placement in the central 7 15 registry pursuant to section 232.71D, is authorized 7 16 only to the following: 7 17 a. Subjects of a report identified in subsection 7 18 2, paragraph "a". 7 19 b. Persons involved in an investigation or 7 20 assessment of child abuse identified in subsection 2, 7 21 paragraph "b", subparagraphs (2), (6), and (7). 7 22 c. Others identified in subsection 2, paragraph 7 23 "e", subparagraph (2)." 7 24 #63. Page 11, by striking line 21 and inserting 7 25 the following: 7 26 "3. Access tofounded child abuse information7 27 disposition data subject to placement in". 7 28 #64. Page 11, line 26, by striking the words 7 29 "Child abuse information" and inserting the following: 7 30 "Child abuse informationDisposition data". 7 31 #65. Page 11, line 33, by inserting after the word 7 32 "investigation" the following: "or assessment". 7 33 #66. Page 11, line 35, by inserting after the word 7 34 "investigation" the following: "or assessment". 7 35 #67. Page 12, line 1, by inserting after the word 7 36 "investigation" the following: "or assessment". 7 37 #68. Page 12, line 5, by inserting after the word 7 38 "investigation" the following: "or assessment". 7 39 #69. Page 12, line 9, by inserting after the word 7 40 "investigation" the following: "or assessment". 7 41 #70. Page 12, line 10, by inserting after the word 7 42 "investigation" the following: "or assessment". 7 43 #71. Page 12, line 12, by inserting after the word 7 44 "investigation" the following: "or assessment". 7 45 #72. Page 12, line 23, by striking the words 7 46 "child abuse information has" and inserting the 7 47 following: "report data and disposition data have". 7 48 #73. Page 12, line 33, by striking the words 7 49 "Child abuse information" and inserting the following: 7 50 "Report data and disposition data". 8 1 #74. Page 13, line 3, by striking the words "Child 8 2 abuse information" and inserting the following: 8 3 "Child abuse informationReport and disposition data". 8 4 #75. Page 13, line 6, by striking the words "child 8 5 abusebyinformation" and inserting the following: 8 6 "abuse bydata". 8 7 #76. Page 13, line 7, by striking the word 8 8 "information" and inserting the following: 8 9 "informationdata". 8 10 #77. Page 13, line 10, by striking the words 8 11 "child abuse information" and inserting the following: 8 12 "data placed in the registry". 8 13 #78. Page 13, line 11, by striking the word 8 14 "information" and inserting the following: "data". 8 15 #79. Page 13, line 13, by striking the word 8 16 "information" and inserting the following: 8 17 "informationdata". 8 18 #80. Page 13, line 15, by striking the word 8 19 "information" and inserting the following: 8 20 "informationdata". 8 21 #81. Page 13, line 17, by striking the word 8 22 "Information" and inserting the following: "Data". 8 23 #82. Page 13, line 18, by striking the words "from 8 24 the central registry". 8 25 #83. Page 13, line 19, by striking the word 8 26 "information" and inserting the following: 8 27 "informationdata". 8 28 #84. Page 14, by striking lines 5 through 12 and 8 29 inserting the following: 8 30 "3. However, if a correction of child abuse8 31information is requested under section 235A.19 and the8 32issue is not resolved at the end of the one-year8 33period, the information shall be retained until the8 34issue is resolved and if the child abuse information8 35is not determined to be founded, the information shall8 36be expunged at the appropriate time under subsection8 372.8 384.3.The registry, at least once a year, shall8 39review and". 8 40 #85. By striking page 14, line 31, through page 8 41 15, line 3, and inserting the following: "information 8 42 shall be expunged from the central registry. Child 8 43 abuse information which is expunged from the central 8 44 registry under this subsection shall not be retained 8 45 by the department any longer than the time period in 8 46 rule for retaining information which is not placed in 8 47 the central registry, allowing credit for the amount 8 48 of time the information was held in the central 8 49 registry. If the review". 8 50 #86. By striking page 15, line 19, through page 9 1 16, line 11, and inserting the following: 9 2 "Sec. . Section 235A.19, Code 1997, is amended 9 3 to read as follows: 9 4 235A.19 EXAMINATION, REQUESTS FOR CORRECTION OR 9 5 EXPUNGEMENT AND APPEAL. 9 6 1. A subject of a child abuse report, as 9 7 identified in section 235A.15, subsection 2, paragraph 9 8 "a", shall have the right to examinechild abuse9 9information in the registryreport data and 9 10 disposition data which refers to the subject. The 9 11registrydepartment may prescribe reasonable hours and 9 12 places of examination. 9 13 2. a. A subject of a child abuse report may file 9 14 with the department within six months of the date of 9 15 the notice of the results of an investigation required 9 16 by section 232.71, subsection 7, or an assessment 9 17 performed in accordance with section 232.71A, a 9 18 written statement to the effect thatchild abuse9 19informationreport data and disposition data referring 9 20 to the subject is in whole or in part erroneous, and 9 21 may request a correction of thatinformationdata or 9 22 of the findings of the investigation or assessment 9 23 report. The department shall provide the subject with 9 24 an opportunity for an evidentiary hearing pursuant to 9 25 chapter 17A to correct theinformationdata or the 9 26 findings, unless the department corrects the 9 27informationdata or findings as requested.The9 28department shall delay the expungement of information9 29which is not determined to be founded until the9 30conclusion of a proceeding to correct the information9 31or findings.The department may defer the hearing 9 32 until the conclusion of a pending juvenile or district 9 33 court case relating to theinformationdata or 9 34 findings. 9 35 b. The department shall not disclose anychild9 36abuse informationreport data or disposition data 9 37 until the conclusion of the proceeding to correct the 9 38informationdata or findings, except as follows: 9 39 (1) As necessary for the proceeding itself. 9 40 (2) To the parties and attorneys involved in a 9 41 judicial proceeding. 9 42 (3) For the regulation of child care or child 9 43 placement. 9 44 (4) Pursuant to court order. 9 45 (5) To the subject of an investigation or 9 46 assessment or a report. 9 47 (6) For the care or treatment of a child named in 9 48 a report as a victim of abuse. 9 49 (7) To persons involved in an investigation or 9 50 assessment of child abuse. 10 1 3. The subject of a child abuse report may appeal 10 2 the decision resulting from a hearing held pursuant to 10 3 subsection 2 to the district court of Polk county or 10 4 to the district court of the district in which the 10 5 subject of the child abuse report resides. 10 6 Immediately upon appeal the court shall order the 10 7 department to file with the court a certified copy of 10 8 thechild abuse informationreport data or disposition 10 9 data. Appeal shall be taken in accordance with 10 10 chapter 17A. 10 11 4. Upon the request of the appellant, the record 10 12 and evidence in such cases shall be closed to all but 10 13 the court and its officers, and accesstheretoto the 10 14 record and evidence shall be prohibited unless 10 15 otherwise ordered by the court. The clerk shall 10 16 maintain a separate docket for such actions.NoA 10 17 person other than the appellant shall not permit a 10 18 copy of any of the testimony or pleadings or the 10 19 substancethereofof the testimony or pleadings to be 10 20 made available to any person other than a party to the 10 21 action or the party's attorney. Violation of the 10 22 provisions of this subsection shall be a public 10 23 offense punishable under section 235A.21. 10 24 5. Whenever theregistrydepartment corrects or 10 25 eliminatesinformationdata as requested or as ordered 10 26 by the court, theregistrydepartment shall advise all 10 27 persons who have received the incorrectinformation10 28 data of such fact. Upon application to the court and 10 29 service of notice on theregistrydepartment, any 10 30 subject of a child abuse report may request and obtain 10 31 a list of all persons who have receivedchild abuse10 32informationreport data or disposition data referring 10 33 to the subject. 10 34 6. In the course of any proceeding provided for by 10 35 this section, the identity of the person who reported 10 36 the disputedinformationdata and the identity of any 10 37 person who has been reported as having abused a child 10 38 may be withheld upon a determination by theregistry10 39 department that disclosure of their identities would 10 40 be detrimental to their interests." 10 41 #87. Page 16, by inserting after line 31 the 10 42 following: 10 43 "Sec. . 1997 Iowa Acts, Senate File 176, 10 44 section 2, if enacted, is amended by striking the 10 45 section and inserting in lieu thereof the following: 10 46 SEC. 2. Section 232.70, Code 1997, is amended by 10 47 adding the following new subsection: 10 48 NEW SUBSECTION. 7. If a report would be 10 49 determined to constitute an allegation of child abuse 10 50 as defined under section 232.68, subsection 2, 11 1 paragraph "c" or "e", except that the suspected abuse 11 2 resulted from the acts or omissions of a person other 11 3 than a person responsible for the care of the child, 11 4 the department shall refer the report to the 11 5 appropriate law enforcement agency having jurisdiction 11 6 to investigate the allegation. The department shall 11 7 refer the report orally as soon as practicable and in 11 8 writing within seventy-two hours of receiving the 11 9 report. 11 10 Sec. . 1997 Iowa Acts, Senate File 230, 11 11 sections 14, 15, and 16 amending section 235A.15, if 11 12 enacted, are repealed. 11 13 Sec. . 1997 Iowa Acts, Senate File 230, 11 14 sections 18 and 19, amending section 235A.18, Code 11 15 1997, if enacted, are repealed. 11 16 Sec. . 1997 Iowa Acts, Senate File 230, section 11 17 20, amending section 235A.19, subsection 2, paragraph 11 18 a, if enacted, is repealed." 11 19 #88. Page 16, line 32, by inserting before the 11 20 word "REGISTRY" the following: "RETROACTIVE". 11 21 #89. Page 17, line 14, by inserting before the 11 22 word "child" the following: "experienced parents from 11 23 families of various sizes and with children of various 11 24 ages and". 11 25 #90. Page 17, line 32, by striking the words 11 26 "child abuse information" and inserting the following: 11 27 "report data or disposition data". 11 28 #91. Page 17, line 34, by striking the word 11 29 "information" and inserting the following: "data". 11 30 #92. By striking page 17, line 35, through page 11 31 18, line 4, and inserting the following: 11 32 "Sec. ___. Section 232.71D, subsection 1, as 11 33 enacted by this Act, is amended to read as follows: 11 34 1. The requirements of this section shall apply to 11 35 child abuse informationin the report of an11 36investigation performed in accordance with section11 37232.71 or in the report ofrelating to a report of 11 38 child abuse and to an assessment performed in 11 39 accordance with section232.71A232.71B. 11 40 Sec. ___. Section 232.71D, subsection 5, paragraph 11 41 a, subparagraphs (1) and (2), Code 1997, as enacted by 11 42 this Act, are amended to read as follows: 11 43 (1)Investigation or assessmentAssessment data. 11 44 (2) Information pertaining to an allegation of 11 45 child abuse for which there was noinvestigation or11 46 assessment performed. 11 47 Sec. . Section 235A.13, unnumbered paragraph 1, 11 48 Code 1997, is amended to read as follows: 11 49 As used in chapter 232, division III, part 2, and 11 50 sections 235A.13 to 235A.23, unless the context 12 1 otherwise requires: 12 2 Sec. ___. Section 235A.13, subsection 1, paragraph 12 3 b, Code 1997, as amended by this Act, is amended to 12 4 read as follows: 12 5 b.Investigation or assessmentAssessment data. 12 6 Sec. Section 235A.13, subsection 5, Code 1997, 12 7 is amended to read as follows: 12 8 5. "Individually identified" means any report, 12 9investigationassessment, or disposition data which 12 10 names the person or persons responsible or believed 12 11 responsible for the child abuse. 12 12 Sec. ___. Section 235A.13, subsection 6, 12 13 unnumbered paragraph 1, Code 1997, as amended by this 12 14 Act, is amended to read as follows: 12 15 "Investigation or assessmentAssessment data" means 12 16 any of the following information pertaining to the 12 17 department's evaluation of a family: 12 18 Sec. ___. Section 235A.13, subsection 8, 12 19 unnumbered paragraph 1, Code 1997, as amended by this 12 20 Act, is amended to read as follows: 12 21 "Report data" means any of the following 12 22 information pertaining to aninvestigation or12 23 assessment of an allegation of child abuse in which 12 24 the department has determined the alleged child abuse 12 25 meets the definition of child abuse: 12 26 Sec. . Section 235A.15, subsection 2, paragraph 12 27 b, unnumbered paragraph 1, Code 1997, as amended by 12 28 this Act, is amended to read as follows: 12 29 b. Persons involved in aninvestigationassessment 12 30 of child abuse as follows: 12 31 Sec. ___. Section 235A.15, subsection 2, paragraph 12 32 b, subparagraphs (2), (3), (4), and (8), Code 1997, as 12 33 amended by this Act, are amended to read as follows: 12 34 (2) To an employee or agent of the department of 12 35 human services responsible for theinvestigation12 36 assessment of a child abuse report. 12 37 (3) To a law enforcement officer responsible for 12 38 assisting in aninvestigationassessment of a child 12 39 abuse allegation or for the temporary emergency 12 40 removal of a child from the child's home. 12 41 (4) To a multidisciplinary team, if the department 12 42 of human services approves the composition of the 12 43 multidisciplinary team and determines that access to 12 44 the team is necessary to assist the department in the 12 45investigation,diagnosis, assessment, and disposition 12 46 of a child abuse case. 12 47 (8) To a licensing authority for a facility 12 48 providing care to a child named in a report, if the 12 49 licensing authority is notified of a relationship 12 50 between facility policy and the alleged child abuse 13 1 under section232.71, subsection 4232.71B. 13 2 Sec. ___. Section 235A.15, subsection 2, paragraph 13 3 d, unnumbered paragraph 1, Code 1997, as amended by 13 4 this Act, is amended to read as follows: 13 5 Report data and disposition data, andinvestigation13 6orassessment data to the extent necessary for 13 7 resolution of the proceeding, relating to judicial and 13 8 administrative proceedings as follows: 13 9 Sec. ___. Section 235A.15, subsection 3, paragraph 13 10 b, Code 1997, as amended by this Act, is amended to 13 11 read as follows: 13 12 b. Persons involved in aninvestigation or13 13 assessment of child abuse identified in subsection 2, 13 14 paragraph "b", subparagraphs (2), (3), (4), (6), (7), 13 15 and (9). 13 16 Sec. ___. Section 235A.15, subsection 4, paragraph 13 17 b, Code 1997, as amended by this Act, is amended to 13 18 read as follows: 13 19 b. Persons involved in aninvestigation or13 20 assessment of child abuse identified in subsection 2, 13 21 paragraph "b", subparagraphs (2), (6), and (7). 13 22 Sec. . Section 235A.15, subsection 6, Code 13 23 1997, as amended by this Act, is amended to read as 13 24 follows: 13 25 6. a. If a child who is a legal resident of 13 26 another state is present in this state and a report of 13 27 child abuse is made concerning the child, the 13 28 department shall act to ensure the safety of the 13 29 child. The department shall contact the child's state 13 30 of legal residency to coordinate theinvestigation13 31 assessment of the report. If the child's state of 13 32 residency refuses to conduct an investigation, the 13 33 department shall commence an appropriateinvestigation13 34 assessment. 13 35 b. If a report of child abuse is made concerning 13 36 an alleged perpetrator who resides in this state and a 13 37 child who resides in another state, the department 13 38 shall assist the child's state of residency in 13 39 conducting aninvestigationassessment of the report. 13 40 The assistance shall include but is not limited to an 13 41 offer to interview the alleged perpetrator and any 13 42 other relevant source. If the child's state of 13 43 residency refuses to conduct an investigation of the 13 44 report, the department shall commence an appropriate 13 45investigationassessment. The department shall seek 13 46 to develop protocols with states contiguous to this 13 47 state for coordination in the investigation or 13 48 assessment of a report of child abuse when a person 13 49 involved with the report is a resident of another 13 50 state. 14 1 Sec. ___. Section 235A.17, subsection 2, Code 14 2 1997, as amended by this Act, is amended to read as 14 3 follows: 14 4 2. The department of human services may notify 14 5 orally the mandatory reporter in an individual child 14 6 abuse case of the results of the caseinvestigation14 7 assessment and of the confidentiality provisions of 14 8 sections 235A.15 and 235A.21. The department shall 14 9 subsequently transmit a written notice to the 14 10 mandatory reporter of the results and confidentiality 14 11 provisions. If the report data and disposition data 14 12 have been placed in the registry as founded child 14 13 abuse pursuant to section 232.71D, a copy of the 14 14 written notice shall be transmitted to the registry 14 15 and shall be maintained by the registry as provided in 14 16 section 235A.18. Otherwise, a copy of the written 14 17 notice shall be retained by the department with the 14 18 case file. 14 19 Sec. ___. Section 235A.19, subsection 2, paragraph 14 20 a, Code 1997, as amended by this Act, is amended to 14 21 read as follows: 14 22 a. A subject of a child abuse report may file with 14 23 the department within six months of the date of the 14 24 notice of the results ofan investigation required by14 25section 232.71, subsection 7, oran assessment 14 26 performed in accordance with section 232.71A, a 14 27 written statement to the effect that report data and 14 28 disposition data referring to the subject is in whole 14 29 or in part erroneous, and may request a correction of 14 30 that data or of the findings of theinvestigation or14 31 assessment report. The department shall provide the 14 32 subject with an opportunity for an evidentiary hearing 14 33 pursuant to chapter 17A to correct the data or the 14 34 findings, unless the department corrects the data or 14 35 findings as requested. The department may defer the 14 36 hearing until the conclusion of a pending juvenile or 14 37 district court case relating to the data or findings. 14 38 Sec. ___. Section 235A.19, subsection 2, paragraph 14 39 b, subparagraphs (5) and (7), Code 1997, as amended by 14 40 this Act, are amended to read as follows: 14 41 (5) To the subject of aninvestigation or14 42 assessment or a report. 14 43 (7) To persons involved in aninvestigation or14 44 assessment of child abuse." 14 45 #93. By renumbering as necessary. 14 46 14 47 14 48 14 49 ELAINE SZYMONIAK 14 50 NANCY BOETTGER 15 1 JAMES E. BLACK 15 2 HF 698.203 77 15 3 jp/jj/28
Text: S03476 Text: S03478 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
© 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: Fri Apr 11 03:43:18 CDT 1997
URL: /DOCS/GA/77GA/Legislation/S/03400/S03477/970410.html
jhf