Text: HF02376 Text: HF02378 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2377 1 2 1 3 AN ACT 1 4 PROVIDING FOR ACCESS TO CERTAIN CHILD ABUSE INFORMATION, 1 5 MAKING PENALTIES AND REMEDIES APPLICABLE, AND INCLUDING AN 1 6 EFFECTIVE DATE AND APPLICABILITY PROVISION. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 135.43, subsection 3, paragraph e, Code 1 11 1999, is amended by striking the paragraph. 1 12 Sec. 2. Section 135.43, Code 1999, is amended by adding 1 13 the following new subsection: 1 14 NEW SUBSECTION. 3A. The review team shall develop 1 15 protocols for a child fatality review committee to be 1 16 appointed by the director on an ad hoc basis to immediately 1 17 review the child abuse assessments which involve the fatality 1 18 of a child under age eighteen. The director shall appoint a 1 19 medical examiner, a pediatrician, and a person involved with 1 20 law enforcement to the committee. 1 21 a. The purpose of the review shall be to determine whether 1 22 the department of human services and others involved with the 1 23 case of child abuse responded appropriately. The protocols 1 24 shall provide for the committee to consult with any 1 25 multidisciplinary team, as defined in section 235A.13, that is 1 26 operating in the area in which the fatality occurred. 1 27 b. The committee shall have access to patient records and 1 28 other pertinent confidential information and subject to the 1 29 restrictions in this subsection may redisseminate the 1 30 confidential information in the committee's report. 1 31 c. Upon completion of the review, the committee shall 1 32 issue a report which shall include findings concerning the 1 33 case and recommendations for changes to prevent child 1 34 fatalities when similar circumstances exist. The report shall 1 35 include but is not limited to the following information, 2 1 subject to the restrictions listed in paragraph "d": 2 2 (1) The dates, outcomes, and results of any actions taken 2 3 by the department of human services and others in regard to 2 4 each report and allegation of child abuse involving the child 2 5 who died. 2 6 (2) The results of any review of the case performed by a 2 7 multidisciplinary team, or by any other public entity that 2 8 reviewed the case. 2 9 (3) Confirmation of the department of human services' 2 10 receipt of any report of child abuse involving the child, 2 11 including confirmation as to whether or not any assessment 2 12 involving the child was performed in accordance with section 2 13 232.71B, the results of any assessment, a description of the 2 14 most recent assessment and the services offered to the family, 2 15 the services rendered to the family, and the basis for the 2 16 department's decisions concerning the case. 2 17 d. Prior to issuing the report, the committee shall 2 18 consult with the county attorney responsible for prosecution 2 19 of the alleged perpetrator of the child fatality. The 2 20 committee's report shall include child abuse information 2 21 associated with the case and the child, but is subject to the 2 22 restrictions applicable to the department of human services 2 23 for release of information concerning a child fatality or near 2 24 fatality in accordance with section 235A.15, subsection 9. 2 25 e. Following the completion of the trial of any alleged 2 26 perpetrator of the child fatality and the appeal period for 2 27 the granting of a new trial, the committee shall issue a 2 28 supplemental report containing the information that was 2 29 withheld, in accordance with paragraph "d", so as not to 2 30 jeopardize the prosecution or the rights of the alleged 2 31 perpetrator to a fair trial as described in section 235A.15, 2 32 subsection 9, paragraphs "f" and "g". 2 33 f. The report and any supplemental report shall be 2 34 submitted to the governor and general assembly. 2 35 Sec. 3. Section 135.43, subsection 6, paragraph b, Code 3 1 1999, is amended to read as follows: 3 2 b. A person in possession or control of medical, 3 3 investigative, assessment, or other information pertaining to 3 4 a child death and child abuse review shall allow the 3 5 inspection and reproduction of the information by the 3 6 department upon the request of the department, to be used only 3 7 in the administration and for the duties of the Iowa child 3 8 death review team.InformationExcept as provided for a 3 9 report on a child fatality by an ad hoc child fatality review 3 10 committee under subsection 3A and records which are 3 11 confidential under section 22.7 and chapter 235A, and 3 12 information or records received from the confidential records, 3 13 remain confidential under this section. A person does not 3 14 incur legal liability by reason of releasing information to 3 15 the department as required under and in compliance with this 3 16 section. 3 17 Sec. 4. Section 232.70, Code 1999, is amended by adding 3 18 the following new subsection: 3 19 NEW SUBSECTION. 8. Within twenty-four hours of receiving 3 20 a report from a mandatory or permissive reporter, the 3 21 department shall inform the reporter, orally or by other 3 22 appropriate means, whether or not the department has commenced 3 23 an assessment of the allegation in the report. 3 24 Sec. 5. Section 235A.13, Code Supplement 1999, is amended 3 25 by adding the following new subsection: 3 26 NEW SUBSECTION. 8A. "Near fatality" means a bodily injury 3 27 which involves substantial risk of death, protracted and 3 28 obvious disfigurement, or protracted loss or impairment of the 3 29 function of a bodily member, organ, or mental faculty and 3 30 includes a serious bodily injury as described in section 3 31 702.18. 3 32 Sec. 6. Section 235A.15, subsection 1, Code Supplement 3 33 1999, is amended to read as follows: 3 34 1. Notwithstanding chapter 22, the confidentiality of all 3 35 child abuse information shall be maintained, except as 4 1 specifically provided bysubsection 2, 3, or 4this section. 4 2 Sec. 7. Section 235A.15, subsection 2, paragraph b, 4 3 subparagraph (5), Code Supplement 1999, is amended to read as 4 4 follows: 4 5 (5) In an individual case, totheeach mandatory reporter 4 6 who reported the child abuse. 4 7 Sec. 8. Section 235A.15, subsection 2, paragraph f, Code 4 8 Supplement 1999, is amended to read as follows: 4 9 f.The following, but onlyOnly with respect to 4 10 disposition data for cases of founded child abuse subject to 4 11 placement in the central registry pursuant to section 232.71D:4 12(1) Toto a person who submits written authorization from 4 13 an individual allowing the person access to data pursuant to 4 14 this subsection on behalf of the individual in order to verify 4 15 whether the individual is named in a founded child abuse 4 16 report as having abused a child. 4 17(2) To an individual who is requesting information on a4 18specific case of child abuse which resulted in a child4 19fatality or near fatality.4 20 Sec. 9. Section 235A.15, Code Supplement 1999, is amended 4 21 by adding the following new subsections: 4 22 NEW SUBSECTION. 7. Upon the request of a person listed in 4 23 this subsection, child abuse information relating to a 4 24 specific case of child abuse involving a fatality or near 4 25 fatality to a child and reported to the department shall be 4 26 disclosed to that person by the director of human services. 4 27 The purpose of the disclosure is to provide for oversight of 4 28 the department and others involved with the state's child 4 29 protection system in order to improve the system. After 4 30 completing a review of the child abuse information received, 4 31 an authorized requester may issue a report to the governor 4 32 regarding the specific case of child abuse. The following 4 33 persons are authorized to make a request and receive child 4 34 abuse information under this section relating to a specific 4 35 case of child abuse involving a fatality or near fatality to a 5 1 child: 5 2 a. The governor or the governor's designee. 5 3 b. The member of the senate or employee of the general 5 4 assembly designated by the majority leader or minority leader 5 5 of the senate. 5 6 c. The member of the house of representatives or employee 5 7 of the general assembly designated by the speaker or minority 5 8 leader of the house of representatives. 5 9 NEW SUBSECTION. 8. Upon the request of the governor, the 5 10 department shall disclose child abuse information to the 5 11 governor relating to a specific case of child abuse reported 5 12 to the department. 5 13 NEW SUBSECTION. 9. If the department receives a request 5 14 for child abuse information relating to a case of a fatality 5 15 or near fatality to a child, within five business days of 5 16 receiving the request the director of human services or the 5 17 director's designee shall consult with the county attorney 5 18 responsible for prosecution of any alleged perpetrator of the 5 19 fatality or near fatality and shall disclose child abuse 5 20 information relating to the case and the child in accordance 5 21 with this subsection. The director or the director's designee 5 22 shall release all child abuse information associated with the 5 23 case and the child, except for the following: 5 24 a. The substance or content of any mental health or 5 25 psychological information that is confidential under chapter 5 26 228. 5 27 b. Information that constitutes the substance or contains 5 28 the content of an attorney work product or is a privileged 5 29 communication under section 622.10. 5 30 c. Information pertaining to the child, the child's 5 31 family, or any other person that is not directly related to 5 32 the cause of the fatality or near fatality. 5 33 d. Information that would reveal the identity of any 5 34 individual who provided information relating to a report of 5 35 child abuse or an assessment of such a report involving the 6 1 child. 6 2 e. Information that the director or the director's 6 3 designee reasonably believes is likely to cause mental or 6 4 physical harm to a sibling of the child or to another child 6 5 residing in the child's household. 6 6 f. Information that the director or the director's 6 7 designee reasonably believes is likely to jeopardize the 6 8 prosecution of any alleged perpetrator of the fatality or near 6 9 fatality. 6 10 g. Information that the director or the director's 6 11 designee reasonably believes is likely to jeopardize the 6 12 rights of any alleged perpetrator of the fatality or near 6 13 fatality to a fair trial. 6 14 h. Information that the director or the director's 6 15 designee reasonably believes is likely to undermine an ongoing 6 16 or future criminal investigation. 6 17 i. Information, the release of which is a violation of 6 18 federal law or regulation. 6 19 Sec. 10. Section 235A.17, Code 1999, is amended by adding 6 20 the following new subsection: 6 21 NEW SUBSECTION. 3. For the purposes of this subsection, 6 22 "subject of a child abuse report" means any individual listed 6 23 in section 235A.15, subsection 2, paragraph "a", other than 6 24 the attorney or guardian ad litem of such individual. An 6 25 individual who is the subject of a child abuse report may 6 26 redisseminate to the governor or the governor's designee or to 6 27 a member of the general assembly or an employee of the general 6 28 assembly designated by the member, child abuse information 6 29 that was disseminated to the individual by the department or 6 30 other official source. The child abuse information may also 6 31 include the following related information that the individual 6 32 is allowed under law to possess: department of human services 6 33 information described in section 217.30, subsection 1, mental 6 34 health information as defined in section 228.1, and juvenile 6 35 court social records and other information in official 7 1 juvenile court records described in section 232.147. A person 7 2 who receives confidential child abuse information and related 7 3 information redisseminated under this subsection shall not 7 4 further disseminate, communicate, or attempt to communicate 7 5 the information to a person who is not authorized by this 7 6 section or other provision of law to have access to the 7 7 information. 7 8 Sec. 11. Section 235A.18, subsection 2, Code Supplement 7 9 1999, is amended to read as follows: 7 10 2. The juvenile or district court and county attorney 7 11 shall expunge child abuse information upon notice from the 7 12 registry. The supreme court shall prescribe rules 7 13 establishing the period of time child abuse information is 7 14 retained by the juvenile and district courts. A county 7 15 attorney shall not retain child abuse information in excess of 7 16 the time period the information would be retained under the 7 17 rules prescribed by the supreme court. Child abuse 7 18 information relating to a particular case of child abuse 7 19 placed in the central registry that a juvenile or district 7 20 court determines is unfounded in a written finding based upon 7 21 a preponderance of evidence shall be expunged from the central 7 22 registry. 7 23 Sec. 12. NEW SECTION. 235A.25 ORDER FOR DISCLOSURE OF 7 24 CHILD ABUSE INFORMATION. 7 25 A person whose request for child abuse information under 7 26 section 235A.15, subsection 9, is denied may apply to the 7 27 juvenile court for an order compelling disclosure of the 7 28 information. The application shall state in reasonable detail 7 29 the factors in support of the application. The juvenile court 7 30 shall have jurisdiction to issue the order. A hearing shall 7 31 be set immediately upon filing of an application under this 7 32 section and subsequent proceedings shall be accorded priority 7 33 by other courts. After the court has reviewed the child abuse 7 34 information relating to the case in camera, unless the court 7 35 finds that a restriction listed in section 235A.15, subsection 8 1 9, is applicable, the court shall issue an order compelling 8 2 disclosure of the child abuse information. 8 3 Sec. 13. STUDY OF ACCESS TO CONFIDENTIAL INFORMATION. The 8 4 legislative council is requested to establish a study 8 5 committee for the 2000 interim to review state policy 8 6 regarding confidential information in the area of child abuse 8 7 and other human services-related programs. The study shall 8 8 include consideration of the review of the child abuse program 8 9 performed by independent experts retained by the department of 8 10 human services, approaches used in other states, policy 8 11 regarding privileged information, and access to agency and 8 12 other information by the office of the citizens' aide. 8 13 Sec. 14. EFFECTIVE DATE – APPLICABILITY. This Act, being 8 14 deemed of immediate importance, takes effect upon enactment 8 15 and is applicable to disclosures of information on or after 8 16 the date of enactment related to cases of child abuse reported 8 17 prior to, on, or after the effective date of this Act. 8 18 8 19 8 20 8 21 BRENT SIEGRIST 8 22 Speaker of the House 8 23 8 24 8 25 8 26 MARY E. KRAMER 8 27 President of the Senate 8 28 8 29 I hereby certify that this bill originated in the House and 8 30 is known as House File 2377, Seventy-eighth General Assembly. 8 31 8 32 8 33 8 34 ELIZABETH ISAACSON 8 35 Chief Clerk of the House 9 1 Approved , 2000 9 2 9 3 9 4 9 5 THOMAS J. VILSACK 9 6 Governor 9 7
Text: HF02376 Text: HF02378 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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