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PAG LIN 1 1 DIVISION I – AUTOPSIES – FUNDING 1 2 Section 1. Section 331.802, subsection 3, paragraph j, 1 3 Code 1997, is amended to read as follows: 1 4 j. Death of a child under the age oftwoseven yearsif1 5death results from an unknown cause or if the circumstances1 6surrounding the death indicate that sudden infant death1 7syndrome may beunless the cause of death was a disease which 1 8 was attended to by a physician. 1 9 Sec. 2. Section 331.802, subsection 5, paragraph b, Code 1 10 1997, is amended to read as follows: 1 11 b. A summary of the findings resulting from an autopsy of 1 12 a childunder the age of two yearswhose death occurred in the 1 13 manner specified in subsection 3, paragraph "j", shall be 1 14 transmitted immediately by the physician who performed the 1 15 autopsy to the county medical examiner. The report shall be 1 16 forwarded to the parent, guardian, or custodian of the child 1 17 by the county medical examiner or a designee of the county 1 18 medical examiner, or through theinfant'schild's attending 1 19 physician. A copy of the autopsy report filed with the county 1 20 attorney shall be available to the parents, guardian, or 1 21 custodian upon request. 1 22 Sec. 3. Section 691.6, Code 1997, is amended by adding the 1 23 following new subsection: 1 24 NEW SUBSECTION. 4. Rules adopted under subsection 3 shall 1 25 require an autopsy which is performed on a child who is less 1 26 than seven years of age under section 331.802, subsection 3, 1 27 paragraph "j", to include a toxicology study. In addition, 1 28 the autopsy, if the child is less than one year of age, shall 1 29 be required to include a performance of full body X rays. 1 30 Sec. 4. Section 809A.17, subsection 5, Code 1997, is 1 31 amended by adding the following new paragraph: 1 32 NEW PARAGRAPH. e. Forfeited property which is money or a 1 33 negotiable financial instrument seized in connection with a 1 34 crime involving a controlled substance or a simulated, 1 35 counterfeit, or imitation controlled substance shall be 2 1 deposited with the department of public safety and shall be 2 2 used for expenses related to the implementation of section 2 3 691.6, subsection 4, in autopsies of children. 2 4 DIVISION II – MOTOR VEHICLE RESTRAINTS – CHILD ENDANGERMENT 2 5 Sec. 5. Section 321.446, subsections 4 and 5, Code 1997, 2 6 are amended to read as follows: 2 7 4.TheExcept as otherwise provided in subsection 5A, an 2 8 operator who violates subsection 1 or 2 is guilty of a 2 9 misdemeanor and subject only to the penalty provisions of 2 10 section 805.8, subsection 2, paragraph "x". 2 11 5.AExcept as otherwise provided in subsection 5A, a 2 12 person who is first charged for a violation of subsection 1 2 13 and who has not purchased or otherwise acquired a child 2 14 restraint system shall not be convicted if the person produces 2 15 in court, within a reasonable time, proof that the person has 2 16 purchased or otherwise acquired a child restraint system which 2 17 meets federal motor vehicle safety standards. 2 18 Sec. 6. Section 321.446, Code 1997, is amended by adding 2 19 the following new subsection: 2 20 NEW SUBSECTION. 5A. If a motor vehicle accident results 2 21 in the death of a passenger who is less than six years old and 2 22 the operator of the motor vehicle is in violation of 2 23 subsection 1 or 2, the operator shall be charged with child 2 24 endangerment under section 726.6. 2 25 Sec. 7. Section 726.6, subsection 1, Code 1997, is amended 2 26 by adding the following new paragraph: 2 27 NEW PARAGRAPH. g. Operates a motor vehicle in violation 2 28 of section 321.446, subsection 1 or 2, in an accident 2 29 resulting in the death of a passenger who is less than six 2 30 years old. 2 31 Sec. 8. Section 726.6, Code 1997, is amended by adding the 2 32 following new subsection: 2 33 NEW SUBSECTION. 2A. A person who commits child 2 34 endangerment under subsection 1, paragraph "g", is guilty of a 2 35 serious misdemeanor. 3 1 DIVISION III – LOCAL CHILD DEATH REVIEW TEAMS 3 2 Sec. 9. Section 135.43, Code 1997, is amended by adding 3 3 the following new subsection: 3 4 NEW SUBSECTION. 5A. a. A county or group of counties may 3 5 establish a local child death review team subject to the 3 6 provisions of this subsection. The board of supervisors of 3 7 the county or counties participating in the local review team 3 8 must authorize the establishment and existence of the local 3 9 review team. The membership of the local review team shall 3 10 substantially conform to the membership of the Iowa child 3 11 death review team in subsection 2 unless expanded or limited 3 12 by action of the board of supervisors of the county or 3 13 counties authorizing the local review team. 3 14 b. A local child death review team shall assist with any 3 15 investigation of the death of a child in the county or 3 16 counties which established the team. A local child death 3 17 review team shall have the same access to confidential 3 18 information as is provided to the Iowa child death review team 3 19 under this section and in accordance with rules adopted under 3 20 this section. 3 21 Sec. 10. Section 135.43, subsection 6, Code 1997, is 3 22 amended to read as follows: 3 23 6. a. The Iowa department of public health and the 3 24 department of human services shall adopt rules providing for 3 25 disclosure of information which is confidential under chapter 3 26 22 or any other provision of state law, to the Iowa child 3 27 death review team for purposes of performing its child death 3 28 and child abuse review responsibilities and to local child 3 29 death review teams for purposes of assisting in investigations 3 30 of child deaths. 3 31 b. A person in possession or control of medical, 3 32 investigative, or other information pertaining to a child 3 33 death and child abuse review shall allow the inspection and 3 34 reproduction of the information by the department upon the 3 35 request of the department, to be used only in the 4 1 administration and for the duties of the Iowa child death 4 2 review team or for a local child death review team. 4 3 Information and records which are confidential under section 4 4 22.7 and chapter 235A, and information or records received 4 5 from the confidential records, remain confidential under this 4 6 section. A person does not incur legal liability by reason of 4 7 releasing information to the department as required under and 4 8 in compliance with this section. 4 9 Sec. 11. Section 135.43, Code 1997, is amended by adding 4 10 the following new subsection: 4 11 NEW SUBSECTION. 7. Members of the Iowa child death review 4 12 team and local child death review teams and their agents are 4 13 immune from any liability, civil or criminal, which might 4 14 otherwise be incurred or imposed as a result of any act, 4 15 omission, proceeding, decision, or determination undertaken or 4 16 performed, or recommendation made as a member or agent 4 17 provided that the member or agent acted in good faith and 4 18 without malice in carrying out their official duties in their 4 19 official capacity. The department shall adopt rules pursuant 4 20 to chapter 17A to administer this subsection. A complainant 4 21 bears the burden of proof in establishing malice or lack of 4 22 good faith in an action brought against a review team member 4 23 involving the performance of their duties and powers under 4 24 this section. 4 25 DIVISION IV – FAMILY NEEDS ASSESSMENT 4 26 Sec. 12. FAMILY NEEDS ASSESSMENT - STATEWIDE 4 27 IMPLEMENTATION. 4 28 1. It is the intent of the general assembly to consider 4 29 statewide implementation of a program in which there is a 4 30 family needs assessment and service process performed in 4 31 connection with the birth of a child to a family. A task 4 32 force consisting of representatives of the public agencies and 4 33 other persons listed in subsection 2 shall develop an 4 34 implementation plan as necessary to establish the program 4 35 statewide beginning July 1, 1998. The task force shall 5 1 consider as a model the needs assessment and home visit 5 2 provisions of the healthy opportunities to experience success 5 3 program operated under contract to the state in pilot project 5 4 areas. The task force shall determine how to maximize the 5 5 usage of medical assistance and other public and private 5 6 funding for health care in implementing the program statewide. 5 7 The task force shall submit a report to the governor and the 5 8 general assembly on or before December 15, 1997. In addition 5 9 to the implementation plan, the report shall identify the 5 10 public and private funding sources projected to be available 5 11 for the program and projections for any additional state 5 12 funding deemed to be necessary. 5 13 2. The departments of public health and human services 5 14 shall provide leadership and administrative services for the 5 15 task force. The task force membership shall include, but is 5 16 not limited to, representatives of the following: 5 17 a. Iowa department of public health. 5 18 b. Department of human services. 5 19 c. Department of education. 5 20 d. Judicial department juvenile court services. 5 21 e. Medical practitioners. 5 22 f. Agencies providing supportive services to families. 5 23 g. Insurance companies. 5 24 h. Other business interests. 5 25 i. Parents. 5 26 j. Members of the general assembly. 5 27 EXPLANATION 5 28 The bill includes various provisions relating to the death 5 29 of children. 5 30 Division I relates to autopsies of children. Code section 5 31 331.802 is amended to require an autopsy upon the death of a 5 32 child who is younger than age 7 unless the child died from a 5 33 disease which was attended to by a physician. Current law 5 34 only requires an autopsy following the death of a child who is 5 35 younger than age two when the cause of death is unknown or 6 1 sudden infant death syndrome is indicated. 6 2 Code section 691.6 is amended to require the state medical 6 3 examiner's rules involving autopsies to require a toxicology 6 4 study to be performed for autopsies of children who die before 6 5 the age of 7. In addition, X rays of a child's full body 6 6 would be required upon the death of a child younger than age 6 7 one. The cost of the studies and X rays is to be paid from 6 8 money and negotiable instruments seized in connection with 6 9 crimes involving possession or sale of a controlled substance 6 10 which are transferred to the department of public safety. 6 11 Division II provides that a motor vehicle operator's 6 12 failure, in an accident which is fatal to a child, to use a 6 13 proper child restraint system on the child is subject to a 6 14 charge of child endangerment. Code section 726.6 is amended 6 15 to provide that this violation is a serious misdemeanor. 6 16 Division III authorizes county boards of supervisors to 6 17 establish local child death review teams. The departments of 6 18 public health and human services are to adopt rules providing 6 19 for disclosure of confidential information to members of local 6 20 review teams. 6 21 Code section 135.43 is amended to specifically set out the 6 22 authority of the Iowa child death review team and local child 6 23 death review teams to obtain confidential records and to 6 24 maintain confidentiality during death reviews. The Iowa 6 25 department of public health is directed to adopt rules 6 26 extending liability immunity to members of the Iowa death 6 27 review team and local child death review teams in the 6 28 execution of their duties in their official capacity. 6 29 The bill directs the departments of public health and human 6 30 services to lead a task force in developing a plan to 6 31 implement statewide a family needs assessment and service 6 32 program in connection with the births of children to families. 6 33 Legislative intent is to commence statewide implementation of 6 34 the program beginning July 1, 1998. The implementation plan 6 35 is to address financing and is to be submitted to the governor 7 1 and general assembly by December 15, 1997. 7 2 LSB 2601SS 77 7 3 jp/sc/14.1
Text: SF00505 Text: SF00507 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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