Text: H08150 Text: H08152 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, 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 30InformationExcept 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
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