Text: H08117 Text: H08119 Text: H08100 - H08199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2377 as follows: 1 2 #1. Page 1, by inserting before line 1 the 1 3 following: 1 4 "Section 1. Section 135.43, subsection 3, 1 5 paragraph e, Code 1999, is amended by striking the 1 6 paragraph. 1 7 Sec. . Section 135.43, Code 1999, is amended by 1 8 adding the following new subsection: 1 9 NEW SUBSECTION. 3A. The review team shall develop 1 10 protocols for a committee to be appointed by the 1 11 director on an ad hoc basis to immediately review the 1 12 child abuse assessments which involve the death of a 1 13 child under age eighteen. The director shall appoint 1 14 a medical examiner, a pediatrician, and a person 1 15 involved with law enforcement to the committee. 1 16 a. The purpose of the review shall be to determine 1 17 whether the department of human services and others 1 18 involved with the case of child abuse responded 1 19 appropriately. The protocols shall provide for the 1 20 committee to consult with any multidisciplinary team, 1 21 as defined in section 235A.13, that is operating in 1 22 the area in which the death occurred. 1 23 b. The committee shall have access to patient 1 24 records and other pertinent confidential information 1 25 and subject to the restrictions in this subsection may 1 26 redisseminate the confidential information in the 1 27 committee's report. 1 28 c. Upon completion of the review, the committee 1 29 shall issue a report which shall include findings 1 30 concerning the case and recommendations for changes to 1 31 prevent child deaths when similar circumstances exist. 1 32 The report shall include but is not limited to the 1 33 following information, subject to the restrictions 1 34 listed in paragraph "d": 1 35 (1) The dates, outcomes, and results of any 1 36 actions taken by the department of human services and 1 37 others in regard to the report of child abuse. 1 38 (2) The results of any review of the case 1 39 performed by a multidisciplinary team, or by any other 1 40 public entity that reviewed the case. 1 41 (3) Confirmation of the department of human 1 42 services' receipt of any report of child abuse 1 43 involving the child, including confirmation as to 1 44 whether or not any assessment involving the child was 1 45 performed in accordance with section 232.71B, the 1 46 results of any assessment, a description of the most 1 47 recent assessment and the services offered to the 1 48 family, the services rendered to the family, and the 1 49 basis for the department's decisions concerning the 1 50 case. 2 1 d. Prior to issuing the report, the committee 2 2 shall consult with the county attorney responsible for 2 3 prosecution of the alleged perpetrator of the child 2 4 death. The committee's report shall include child 2 5 abuse information associated with the case and the 2 6 child, except for the following: 2 7 (1) The substance or content of any mental health 2 8 or psychological information that is confidential 2 9 under chapter 228. 2 10 (2) Information pertaining to the child or the 2 11 child's family that is not directly related to the 2 12 cause of the fatality or near fatality. 2 13 (3) Information that would reveal the identity of 2 14 any individual who provided information relating to a 2 15 report of child abuse or an assessment of such a 2 16 report involving the child. 2 17 (4) Information that the commtitee reasonably 2 18 believes is likely to cause mental or physical harm to 2 19 a sibling of the child or to another child residing in 2 20 the child's household. 2 21 (5) Information that the committee reasonably 2 22 believes is likely to jeopardize the prosecution of 2 23 any alleged perpetrator of the fatality or near 2 24 fatality. 2 25 (6) Information that the committee reasonably 2 26 believes is likely to jeopardize the rights of any 2 27 alleged perpetrator of the fatality or near fatality 2 28 to a fair trial. 2 29 (7) Information that the committee reasonably 2 30 believes is likely to undermine an ongoing or future 2 31 criminal investigation. 2 32 (8) Information that is not authorized to be 2 33 released under federal law or regulation. 2 34 e. Following the completion of the trial of any 2 35 alleged perpetrator of the child death, the committee 2 36 shall issue a supplemental report containing the 2 37 information that was withheld, in accordance with 2 38 paragraph "d", so as not to jeopardize the prosecution 2 39 or the rights of the alleged perpetrator to a fair 2 40 trial. 2 41 f. The report shall be submitted to the governor 2 42 and general assembly. 2 43 Sec. . Section 135.43, subsection 6, paragraph 2 44 b, Code 1999, is amended to read as follows: 2 45 b. A person in possession or control of medical, 2 46 investigative, assessment, or other information 2 47 pertaining to a child death and child abuse review 2 48 shall allow the inspection and reproduction of the 2 49 information by the department upon the request of the 2 50 department, to be used only in the administration and 3 1 for the duties of the Iowa child death review team. 3 2InformationExcept as provided for a report on a child 3 3 death by a committee of the team under subsection 3A 3 4 and records which are confidential under section 22.7 3 5 and chapter 235A, and information or records received 3 6 from the confidential records, remain confidential 3 7 under this section. A person does not incur legal 3 8 liability by reason of releasing information to the 3 9 department as required under and in compliance with 3 10 this section." 3 11 #2. Page 1, by striking lines 17 and 18 and 3 12 inserting the following: 3 13 "Sec. . Section 235A.15, Code Supplement 1999, 3 14 is amended by adding the following new subsections:" 3 15 #3. Page 2, by striking lines 1 through 8 and 3 16 inserting the following: "information under this 3 17 section relating to a specific case of child abuse 3 18 involving a fatality or near fatality to a child: 3 19 a. The governor or the governor's designee. 3 20 b. The member of the senate or employee of the 3 21 general assembly designated by the majority leader or 3 22 minority leader of the senate. 3 23 c. The member of the house of representatives or 3 24 employee of the general assembly designated by the 3 25 speaker or minority leader of the house of 3 26 representatives. 3 27 NEW SUBSECTION. 8. Upon the request of the 3 28 governor, the department shall disclose child abuse 3 29 information to the governor relating to a specific 3 30 case of child abuse reported to the department." 3 31 #4. Page 2, by inserting after line 27 the 3 32 following: 3 33 "Sec. . Section 235A.18, subsection 2, Code 3 34 Supplement 1999, is amended to read as follows: 3 35 2. The juvenile or district court and county 3 36 attorney shall expunge child abuse information upon 3 37 notice from the registry. The supreme court shall 3 38 prescribe rules establishing the period of time child 3 39 abuse information is retained by the juvenile and 3 40 district courts. A county attorney shall not retain 3 41 child abuse information in excess of the time period 3 42 the information would be retained under the rules 3 43 prescribed by the supreme court. Child abuse 3 44 information relating to a particular case of child 3 45 abuse placed in the central registry that a juvenile 3 46 or district court determines is unfounded in a written 3 47 finding based upon a preponderance of evidence shall 3 48 be expunged from the central registry." 3 49 #5. By renumbering as necessary. 3 50 4 1 4 2 4 3 BODDICKER of Cedar 4 4 4 5 4 6 4 7 FOEGE of Linn 4 8 HF 2377.706 78 4 9 jp/cls
Text: H08117 Text: H08119 Text: H08100 - H08199 Text: H Index Bills and Amendments: General Index Bill History: General Index
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