Text: HF02459 Text: HF02461 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section. 1. Section 232.147, Code 1999, is amended by 1 2 adding the following new subsection: 1 3 NEW SUBSECTION. 5A. Social records prior to adjudication 1 4 may be disclosed without court order, to the superintendent or 1 5 superintendent's designee of a school district, authorities in 1 6 charge of an accredited nonpublic school, or any other state 1 7 or local agency that are part of the juvenile justice system, 1 8 in accordance with an interagency agreement established under 1 9 section 280.25. The social records disclosed shall be used 1 10 solely for the purpose of determining the programs and 1 11 services appropriate to the needs of the child or the family 1 12 of the child and shall not be disclosed for any other purpose 1 13 unless otherwise provided by law. 1 14 Sec. 2. Section 235A.15, subsection 2, paragraph b, 1 15 subparagraph (4), Code Supplement 1999, is amended to read as 1 16 follows: 1 17 (4) To a multidisciplinary team, or to parties to an 1 18 interagency agreement entered into pursuant to section 280.25, 1 19 if the department of human services approves the composition 1 20 of the multidisciplinary team or the relevant provisions of 1 21 the interagency agreement and determines that access to the 1 22 team or to the parties to the interagency agreement is 1 23 necessary to assist the department in the diagnosis, 1 24 assessment, and disposition of a child abuse case. 1 25 Sec. 3. Section 280.25, Code 1999, is amended to read as 1 26 follows: 1 27 280.25 INFORMATION SHARING – INTERAGENCY AGREEMENTS. 1 28 1. The board of directors of each public school and the 1 29 authorities in charge of each accredited nonpublic school 1 30 shall adopt a policy and the superintendent of each public 1 31 school shall adopt rules which provide that the school 1 32 district or school may share information contained within a 1 33 student's permanent record pursuant to an interagency 1 34 agreement with state and local agencies that are part of the 1 35 juvenile justice systemincluding the. These agencies include 2 1 but are not limited to, juvenile court services, the 2 2 department of human services, and local law enforcement 2 3 authorities. The disclosure of information shall be directly 2 4 related to the juvenile justice system's ability to 2 5 effectively serve, prior to adjudication, the student whose 2 6 records are being released. 2 7 2. The purpose of the agreement shall be to reduce 2 8 juvenile crime by promoting cooperation and collaboration and 2 9 the sharing of appropriate informationbetweenamong the 2 10 parties in a joint effort to improve school safety, reduce 2 11 alcohol and illegal drug use, reduce truancy, reduce in-school 2 12 and out-of-school suspensions, and to support alternatives to 2 13 in-school and out-of-school suspensions and expulsions which 2 14 provide structured and well-supervised educational programs 2 15 supplemented by coordinated and appropriate services designed 2 16 to correct behaviors that lead to truancy, suspension, and 2 17 expulsions and to support students in successfully completing 2 18 their education. 2 19 3. Information shared under the agreement shall be used 2 20 solely for determining the programs and services appropriate 2 21 to the needs of the juvenile or the juvenile's family, or 2 22 coordinating the delivery of programs and services to the 2 23 juvenile or the juvenile's family. 2 24 4. Information shared by the school district or school 2 25 under the agreement is not admissible in any court proceedings 2 26 which take place prior to a disposition hearing, unless 2 27 written consent is obtained from a student's parent, guardian, 2 28 or legal or actual custodian. 2 29 5. Information shared by another party to the agreement 2 30 with a school district or school pursuant to an interagency 2 31 agreement shall not be used as a basis for a school 2 32 disciplinary action against a student. 2 33 6. The interagency agreement shall provide, and each 2 34 signatory agency to the agreement shall certify in the 2 35 agreement, that confidential information sharedbetweenamong 3 1 the parties to the agreement shall remain confidential and 3 2 shall not be shared with any other person, school, school 3 3 district, or agency, unless otherwise provided by law. 3 4 7. Juvenile court social records may be disclosed in 3 5 accordance with section 232.147, subsection 5A. 3 6 8. A school or school district entering into an 3 7 interagency agreement under this section shall adopt a policy 3 8 implementing the provisions of the interagency agreement. The 3 9 policy shall include, but not be limited to, the provisions of 3 10 the interagency agreement and the procedures to be used by the 3 11 school or school district to share information from the 3 12 student's permanent record with participating agencies. The 3 13 policy shall be published in the student handbook. 3 14 EXPLANATION 3 15 This bill provides for the sharing of juvenile court social 3 16 records pursuant to an interagency agreement prior to any 3 17 adjudication. The bill allows such records to be disclosed, 3 18 without court order, for the purpose of sharing information 3 19 with schools and juvenile justice system agencies that have 3 20 agreed to share information. 3 21 The bill also provides for the sharing of department of 3 22 human services' child abuse information with parties to an 3 23 interagency agreement if the interagency agreement is approved 3 24 by the department, and if the sharing is necessary to assist 3 25 the department in the disposition of a child abuse case. 3 26 Under existing law, a school may share information pursuant 3 27 to an interagency agreement, but the other parties to the 3 28 agreement are unable to share information with the school or 3 29 other agencies that are part of the agreement. 3 30 LSB 5337HV 78 3 31 jm/gg/8
Text: HF02459 Text: HF02461 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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