Text: H08150                            Text: H08152
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8151

Amendment Text

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, but is subject to the restrictions applicable
  2  7 to the department of human services for release of
  2  8 information concerning a child fatality or near
  2  9 fatality in accordance with section 235A.15,
  2 10 subsection 9.
  2 11    e.  Following the completion of the trial of any
  2 12 alleged perpetrator of the child death, the committee
  2 13 shall issue a supplemental report containing the
  2 14 information that was withheld, in accordance with
  2 15 paragraph "d", so as not to jeopardize the prosecution
  2 16 or the rights of the alleged perpetrator to a fair
  2 17 trial as described in section 235A.15, subsection 9,
  2 18 paragraphs "f" and "g".
  2 19    f.  The report shall be submitted to the governor
  2 20 and general assembly.
  2 21    Sec.    .  Section 135.43, subsection 6, paragraph
  2 22 b, Code 1999, is amended to read as follows:
  2 23    b.  A person in possession or control of medical,
  2 24 investigative, assessment, or other information
  2 25 pertaining to a child death and child abuse review
  2 26 shall allow the inspection and reproduction of the
  2 27 information by the department upon the request of the
  2 28 department, to be used only in the administration and
  2 29 for the duties of the Iowa child death review team.
  2 30 Information Except as provided for a report on a child
  2 31 death by a committee of the team under subsection 3A
  2 32 and records which are confidential under section 22.7
  2 33 and chapter 235A, and information or records received
  2 34 from the confidential records, remain confidential
  2 35 under this section.  A person does not incur legal
  2 36 liability by reason of releasing information to the
  2 37 department as required under and in compliance with
  2 38 this section."
  2 39    #2.  Page 1, by striking lines 17 and 18 and
  2 40 inserting the following:
  2 41    "Sec.    .  Section 235A.15, Code Supplement 1999,
  2 42 is amended by adding the following new subsections:"
  2 43    #3.  Page 1, line 31, by inserting after the word
  2 44 "information." the following:  "The course completion
  2 45 requirement is not applicable to an individual who has
  2 46 comparable training or experience as a mandatory
  2 47 reporter of child abuse or officer of the juvenile
  2 48 court."
  2 49    #4.  Page 2, by striking lines 1 through 8 and
  2 50 inserting the following:  "information under this
  3  1 section relating to a specific case of child abuse
  3  2 involving a fatality or near fatality to a child:
  3  3    a.  The governor or the governor's designee.
  3  4    b.  The member of the senate or employee of the
  3  5 general assembly designated by the majority leader or
  3  6 minority leader of the senate.
  3  7    c.  The member of the house of representatives or
  3  8 employee of the general assembly designated by the
  3  9 speaker or minority leader of the house of
  3 10 representatives.
  3 11    NEW SUBSECTION.  8.  Upon the request of the
  3 12 governor, the department shall disclose child abuse
  3 13 information to the governor relating to a specific
  3 14 case of child abuse reported to the department.
  3 15    NEW SUBSECTION.  9.  If the department receives a
  3 16 request for child abuse information relating to a case
  3 17 of a fatality or near fatality to a child, within five
  3 18 business days of receiving the request the director of
  3 19 human services or the director's designee shall
  3 20 consult with the county attorney responsible for
  3 21 prosecution of any alleged perpetrator of the fatality
  3 22 or near fatality and shall disclose child abuse
  3 23 information relating to the case and the child in
  3 24 accordance with this subsection.  The director or the
  3 25 director's designee shall release all child abuse
  3 26 information associated with the case and the child,
  3 27 except for the following:
  3 28    a.  The substance or content of any mental health
  3 29 or psychological information that is confidential
  3 30 under chapter 228.
  3 31    b.  Information that constitutes the substance or
  3 32 contains the content of an attorney work product or is
  3 33 a privileged communication under section 622.10.
  3 34    c.  Information pertaining to the child, the
  3 35 child's family, or any other person that is not
  3 36 directly related to the cause of the fatality or near
  3 37 fatality.
  3 38    d.  Information that would reveal the identity of
  3 39 any individual who provided information relating to a
  3 40 report of child abuse or an assessment of such a
  3 41 report involving the child.
  3 42    e.  Information that the director or the director's
  3 43 designee reasonably believes is likely to cause mental
  3 44 or physical harm to a sibling of the child or to
  3 45 another child residing in the child's household.
  3 46    f.  Information that the director or the director's
  3 47 designee reasonably believes is likely to jeopardize
  3 48 the prosecution of any alleged perpetrator of the
  3 49 fatality or near fatality.
  3 50    g.  Information that the director or the director's
  4  1 designee reasonably believes is likely to jeopardize
  4  2 the rights of any alleged perpetrator of the fatality
  4  3 or near fatality to a fair trial.
  4  4    h.  Information that the director or the director's
  4  5 designee reasonably believes is likely to undermine an
  4  6 ongoing or future criminal investigation.
  4  7    i.  Information that is not authorized to be
  4  8 released under federal law or regulation."
  4  9    #5.  Page 2, by striking lines 11 through 13 and
  4 10 inserting the following:
  4 11    "NEW SUBSECTION.  3.  For the purposes of this
  4 12 subsection, "subject of a child abuse report" means
  4 13 any individual listed in section 235A.15, subsection
  4 14 2, paragraph "a", other than the attorney or guardian
  4 15 ad litem of such individual.  An individual who is the
  4 16 subject of a child abuse report may redisseminate to
  4 17 the governor".
  4 18    #6.  Page 2, line 22, by inserting after the word
  4 19 "department." the following:  "The course completion
  4 20 requirement is not applicable to an individual who has
  4 21 comparable training or experience as a mandatory
  4 22 reporter of child abuse or officer of the juvenile
  4 23 court."
  4 24    #7.  Page 2, by inserting after line 27 the
  4 25 following:
  4 26    "Sec.    .  Section 235A.18, subsection 2, Code
  4 27 Supplement 1999, is amended to read as follows:
  4 28    2.  The juvenile or district court and county
  4 29 attorney shall expunge child abuse information upon
  4 30 notice from the registry.  The supreme court shall
  4 31 prescribe rules establishing the period of time child
  4 32 abuse information is retained by the juvenile and
  4 33 district courts.  A county attorney shall not retain
  4 34 child abuse information in excess of the time period
  4 35 the information would be retained under the rules
  4 36 prescribed by the supreme court.  Child abuse
  4 37 information relating to a particular case of child
  4 38 abuse placed in the central registry that a juvenile
  4 39 or district court determines is unfounded in a written
  4 40 finding based upon a preponderance of evidence shall
  4 41 be expunged from the central registry."
  4 42    #8.  Page 2, by inserting before line 28 the
  4 43 following:
  4 44    "Sec. ___.  NEW SECTION.  235A.25  ORDER FOR
  4 45 DISCLOSURE OF CHILD ABUSE INFORMATION.
  4 46    A person whose request for child abuse information
  4 47 under section 235A.15, subsection 9, is denied may
  4 48 apply to the juvenile court for an order compelling
  4 49 disclosure of the information.  The application shall
  4 50 state in reasonable detail the factors in support of
  5  1 the application.  The juvenile court shall have
  5  2 jurisdiction to issue the order.  A hearing shall be
  5  3 set immediately upon filing of an application under
  5  4 this section and subsequent proceedings shall be
  5  5 accorded priority by other courts.  After the court
  5  6 has reviewed the child abuse information relating to
  5  7 the case in camera, unless the court finds that a
  5  8 restriction listed in section 235A.15, subsection 9,
  5  9 is applicable, the court shall issue an order
  5 10 compelling disclosure of the child abuse information."
  5 11    #9.  By renumbering as necessary.  
  5 12 
  5 13 
  5 14                               
  5 15 CARROLL of Poweshiek 
  5 16 
  5 17 
  5 18                               
  5 19 FOEGE of Linn
  5 20 HF 2377.304 78
  5 21 jp/cf
     

Text: H08150                            Text: H08152
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 2000 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Mar 2 03:35:48 CST 2000
URL: /DOCS/GA/78GA/Legislation/H/08100/H08151/000301.html
jhf