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House Journal: Page 1363: Monday, April 21, 1997

32   subject of a child abuse report may request and obtain
33   a list of all persons who have received child abuse
34   information report data or disposition data
referring
35   to the subject.
36     6.  In the course of any proceeding provided for by
37   this section, the identity of the person who reported
38   the disputed information data and the identity of
any
39   person who has been reported as having abused a child
40   may be withheld upon a determination by the registry
41   department that disclosure of their identities would
42   be detrimental to their interests.
43     Sec. ___.  Section 235A.20, Code 1997, is amended
44   to read as follows:
45     235A.20  CIVIL REMEDY.
46     Any aggrieved person may institute a civil action
47   for damages under chapter 669 or 670 or to restrain
48   the dissemination of child abuse information in
49   violation of this chapter, and any person, agency or
50   other recipient proven to have disseminated or to have

Page 11

 1   requested and received child abuse information in
 2   violation of this chapter, or any employee of the
 3   department who destroys investigation or assessment
 4   data except in accordance with rule as established by
 5   the department for retention of child abuse
 6   information under section 235A.18 shall be liable for
 7   actual damages and exemplary damages for each
 8   violation and shall be liable for court costs,
 9   expenses, and reasonable attorney's fees incurred by
10   the party bringing the action.  In no case shall the
11   award for damages be less than one hundred dollars.
12     Sec. ___.  Section 235A.21, subsection 1, Code
13   1997, is amended to read as follows:
14     1.  Any person who willfully requests, obtains, or
15   seeks to obtain child abuse information under false
16   pretenses, or who willfully communicates or seeks to
17   communicate child abuse information to any agency or
18   person except in accordance with sections 235A.15 and
19   235A.17, or any person connected with any research
20   authorized pursuant to section 235A.15 who willfully
21   falsifies child abuse information or any records
22   relating thereto to child abuse information, or
any
23   employee of the department who destroys investigation
24   or assessment data except in accordance with rule as
25   established by the department for retention of child
26   abuse information under section 235A.18 is guilty of a
27   serious misdemeanor.  Any person who knowingly, but
28   without criminal purposes, communicates or seeks to
29   communicate child abuse information except in
30   accordance with sections 235A.15 and 235A.17 shall be
31   guilty of a simple misdemeanor."

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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