Text: SSB02189                          Text: SSB02191
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Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 2190

Bill Text

PAG LIN
  1  1    Section 1.  Section 235A.19, subsection 2, paragraph a,
  1  2 Code Supplement 1997, is amended to read as follows:
  1  3    a.  (1)  A subject of a child abuse report may file with
  1  4 the department within six months of the date of the notice of
  1  5 the results of an investigation required by section 232.71,
  1  6 subsection 7, or an assessment performed in accordance with
  1  7 section 232.71A, a written statement to the effect that report
  1  8 data and disposition data referring to the subject is in whole
  1  9 or in part erroneous, and may request a correction of that
  1 10 data or of the findings of the investigation or assessment
  1 11 report.  Unless the department issues a written response
  1 12 affirming or denying the request in whole or in part within
  1 13 twenty calendar days of receiving the request, the request
  1 14 shall be deemed to be affirmed and the department shall
  1 15 correct the data or the findings as requested.
  1 16    (2)  The department shall provide the subject with an
  1 17 opportunity for an evidentiary hearing pursuant to chapter 17A
  1 18 to correct the data or the findings, unless the department
  1 19 corrects the data or findings as requested in accordance with
  1 20 subparagraph (1).  The department may defer the hearing until
  1 21 the conclusion of a pending juvenile or district court case
  1 22 relating to the data or findings.  The hearing shall be held
  1 23 within ninety calendar days from the date the request for the
  1 24 hearing is received or from the date the pending court case is
  1 25 concluded, whichever is applicable.  However, the ninety-day
  1 26 time period may be waived by mutual agreement between the
  1 27 subject and the officer presiding over the evidentiary
  1 28 hearing.  
  1 29                           EXPLANATION 
  1 30    This bill amends Code section 235A.19, relating to requests
  1 31 and hearings for correction and expungement of child abuse
  1 32 information.
  1 33    Under current law, a subject of a child abuse report may
  1 34 make the request.  Under Code chapter 235A, a subject includes
  1 35 a child, the child's parent or legal custodian, the person
  2  1 named in a report as having abused a child, or any of these
  2  2 persons' attorneys or guardian ad litems.  The bill provides
  2  3 that unless the department responds to a request within 20
  2  4 days, the request is deemed to be affirmed and the department
  2  5 is required to correct the information as requested.
  2  6    If a subject requests an evidentiary hearing under the
  2  7 administrative procedures Act, the hearing must be held within
  2  8 90 days of the date the request was made or of the conclusion
  2  9 of a pending court case relating to the request.  However, the
  2 10 90-day time period may be waived by mutual agreement of the
  2 11 subject and the officer presiding over the evidentiary
  2 12 hearing.  
  2 13 LSB 3970SC 77
  2 14 jp/cf/24
     

Text: SSB02189                          Text: SSB02191
Text: SSB02100 - SSB02199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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