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Senate Study Bill 2188

Bill Text

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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