Text: SSB02187 Text: SSB02189 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 217.30, subsection 4, Code Supplement
1 2 1997, is amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. f. If authorized by a subject of a child
1 4 abuse report as identified in section 235A.15, subsection 2,
1 5 paragraph "a", or by the parent, guardian, or custodian of a
1 6 child receiving services or involved in a proceeding under
1 7 chapter 232, a statewide elected official, as defined in
1 8 section 68B.2, a member of the general assembly, or a designee
1 9 of the statewide elected official or member of the general
1 10 assembly shall have access to confidential information
1 11 described in subsection 1 which relates to the person
1 12 providing the authorization or to a child of the person. The
1 13 purpose of the access shall be for the elected official,
1 14 member of the general assembly, or designee to monitor
1 15 compliance of the department or designees of the department
1 16 with requirements under law and the adequacy of the
1 17 requirements.
1 18 Sec. 2. Section 228.3, Code 1997, is amended by adding the
1 19 following new subsection:
1 20 NEW SUBSECTION. 3. A subject of a child abuse report as
1 21 identified in section 235A.15, subsection 2, paragraph "a", or
1 22 the parent, guardian, or custodian of a child receiving
1 23 services or involved in a proceeding under chapter 232, may
1 24 consent to the disclosure of mental health information
1 25 relating to the person providing the authorization or to a
1 26 child of the person to a statewide elected official, as
1 27 defined in section 68B.2, a member of the general assembly, or
1 28 a designee of the statewide elected official or member of the
1 29 general assembly. The purpose of the disclosure shall be for
1 30 the elected official, member of the general assembly, or
1 31 designee to monitor compliance of state agencies, officials,
1 32 and employees with requirements under law and the adequacy of
1 33 the requirements.
1 34 Sec. 3. Section 232.147, subsection 3, Code Supplement
1 35 1997, is amended by adding the following new paragraph:
2 1 NEW PARAGRAPH. h. If authorized by a subject of a child
2 2 abuse report as identified in section 235A.15, subsection 2,
2 3 paragraph "a", or by the parent, guardian, or custodian of a
2 4 child receiving services or involved in a proceeding under
2 5 this chapter, to a statewide elected official, as defined in
2 6 section 68B.2, a member of the general assembly, or a designee
2 7 of the statewide elected official or member of the general
2 8 assembly. The purpose of the disclosure shall be for the
2 9 elected official, member of the general assembly, or designee
2 10 to monitor compliance of state agencies, officials, and
2 11 employees with requirements under law and the adequacy of the
2 12 requirements.
2 13 Sec. 4. Section 232.147, subsection 5, Code Supplement
2 14 1997, is amended by adding the following new unnumbered
2 15 paragraph:
2 16 NEW UNNUMBERED PARAGRAPH. An individual authorized under
2 17 subsection 3, paragraph "h", to inspect official juvenile
2 18 court records, may inspect social records and the contents of
2 19 the records and the official juvenile court records of cases
2 20 alleging delinquency shall be disclosed to such individual for
2 21 the purposes described in subsection 3, paragraph "h".
2 22 Sec. 5. Section 235A.15, subsection 2, paragraph d, Code
2 23 Supplement 1997, is amended by adding the following new
2 24 subparagraph:
2 25 NEW SUBPARAGRAPH. (6) If authorized by a subject of a
2 26 child abuse report as identified in paragraph "a", to a
2 27 statewide elected official as defined in section 68B.2, a
2 28 member of the general assembly, or a designee of a statewide
2 29 elected official or member of the general assembly, to the
2 30 maximum extent access to the information is available to any
2 31 other person authorized under this lettered paragraph. The
2 32 purpose of the access shall be to monitor compliance of state
2 33 agencies, officials, and employees with requirements under the
2 34 law and the adequacy of the requirements.
2 35 Sec. 6. Section 235A.19, subsection 2, paragraph b, Code
3 1 Supplement 1997, is amended by adding the following new
3 2 subparagraph:
3 3 NEW SUBPARAGRAPH. (8) To a statewide elected official, a
3 4 member of the general assembly, or a designee of a statewide
3 5 elected official or member of the general assembly authorized
3 6 under section 235A.15, subsection 2, paragraph "d".
3 7 EXPLANATION
3 8 This bill provides for access to confidential information
3 9 under certain circumstances by a statewide elected official or
3 10 member of the general assembly or a designee.
3 11 The bill amends Code section 217.30, relating to
3 12 confidentiality of information pertaining to assistance or
3 13 services provided by the department of human services. The
3 14 bill provides access to the department's case records,
3 15 including medical or psychiatric data, which relate to the
3 16 person authorizing the access or to a child of the person.
3 17 Code section 228.3 is amended to allow disclosure of mental
3 18 health information.
3 19 Code section 232.147 is amended to allow access to juvenile
3 20 court records, including social records and cases involving an
3 21 allegation of delinquency.
3 22 Under the bill, the access must be authorized by a subject
3 23 of a child abuse report which includes a child, the child's
3 24 parent or legal custodian, the person named in a report as
3 25 having abused a child, or any of these persons' attorney or
3 26 guardian ad litem or the parent, guardian, or custodian of a
3 27 child receiving services or involved with a juvenile court
3 28 proceeding under Code chapter 232, the juvenile justice code.
3 29 The purpose of the access is to monitor state compliance with
3 30 requirements under law.
3 31 The bill amends Code section 235A.15, relating to
3 32 authorized access to child abuse information. The information
3 33 which may be accessed includes any type of child abuse
3 34 information, including reports, assessments, and disposition
3 35 data. Access is available to the maximum extent the access is
4 1 available for a particular type of proceeding or hearing to
4 2 any of the following: a juvenile court, district court, court
4 3 or administrative agency hearing, expert witness, probation or
4 4 parole officer, juvenile court officer, or adult correctional
4 5 officer.
4 6 The bill amends Code section 235A.19, relating to requests
4 7 for correction or expungement of child abuse information and
4 8 appeal, to allow for access on the part of the persons
4 9 authorized by the bill prior to the conclusion of any
4 10 proceeding to correct or expunge child abuse information.
4 11 Unauthorized redissemination of child abuse information is
4 12 subject to civil and criminal penalties under Code chapter
4 13 235A.
4 14 LSB 3980SC 77
4 15 jp/cf/24
Text: SSB02187 Text: SSB02189 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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