Text: HSB00661 Text: HSB00663 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 235A.15, subsection 1, Code Supplement 1 2 1999, is amended to read as follows: 1 3 1. Notwithstanding chapter 22, the confidentiality of all 1 4 child abuse information shall be maintained, except as 1 5 specifically provided bysubsection 2, 3, or 4this section. 1 6 Sec. 2. Section 235A.15, Code Supplement 1999, is amended 1 7 by adding the following new subsection: 1 8 NEW SUBSECTION. 7. Upon the request of a person listed in 1 9 this subsection, child abuse information relating to a 1 10 specific case of child abuse involving serious injury to a 1 11 child or a fatality or near fatality to a child and reported 1 12 to the department shall be disclosed to that person by the 1 13 director of human services. The purpose of the disclosure is 1 14 to provide for oversight of the department and others involved 1 15 with the state's child protection system in order to improve 1 16 the system. The following persons are authorized to make a 1 17 request and receive child abuse information under this 1 18 section: 1 19 a. The governor or the governor's designee. 1 20 b. A member of the senate or employee of the general 1 21 assembly designated by the majority leader or minority leader 1 22 of the senate. 1 23 c. A member of the house of representatives or employee of 1 24 the general assembly designated by the speaker or minority 1 25 leader of the house of representatives. 1 26 Sec. 3. Section 235A.17, Code 1999, is amended by adding 1 27 the following new subsection: 1 28 NEW SUBSECTION. 3. An individual who is the subject of a 1 29 child abuse report, as identified in section 235A.15, 1 30 subsection 2, paragraph "a", may redisseminate to the governor 1 31 or the governor's designee or to a member of the general 1 32 assembly or an employee of the general assembly designated by 1 33 the member, child abuse information that was disseminated to 1 34 the individual by the department or other official source. A 1 35 person who receives confidential child abuse information 2 1 redisseminated under this subsection shall not further 2 2 disseminate, communicate, or attempt to communicate the 2 3 information to a person who is not authorized by law to have 2 4 access to the information. 2 5 Sec. 4. EFFECTIVE DATE – RETROACTIVE APPLICABILITY. This 2 6 Act, being deemed of immediate importance, takes effect upon 2 7 enactment and is retroactively applicable to disclosures of 2 8 information on or after the date of enactment related to cases 2 9 of child abuse reported prior to the effective date of this 2 10 Act. 2 11 EXPLANATION 2 12 This bill provides for access to certain child abuse 2 13 information by the governor and the general assembly for 2 14 purposes of providing oversight of the department of human 2 15 services and others involved with the state's child protection 2 16 system in order to improve the system. 2 17 Code section 235A.15, relating to access to child abuse 2 18 information, is amended to provide that confidentiality of the 2 19 information shall be maintained except as provided in the Code 2 20 section. The bill adds to access authorizations in current 2 21 law to allow access by the governor or designee of the 2 22 governor or by a member or employee of the general assembly 2 23 designated by the senate majority or minority leader or 2 24 speaker or minority leader of the house of representatives to 2 25 child abuse information relating to a specific case of child 2 26 abuse involving serious injury to a child or a fatality or 2 27 near fatality of a child. "Child abuse information" is a 2 28 defined term under Code section 235A.13, meaning report, 2 29 assessment, and disposition data pertaining to a case of child 2 30 abuse. 2 31 The bill also amends Code section 235A.17, relating to 2 32 redissemation of child abuse information. The bill authorizes 2 33 a subject of a child abuse report to redisseminate child abuse 2 34 information received by the subject from the department or 2 35 other official source, to the governor or governor's designee 3 1 or to a member of the general assembly or an employee of the 3 2 general assembly designated by a member. Subjects of a child 3 3 abuse report include the child named in a report or the 3 4 child's attorney or guardian ad litem; the parent of the child 3 5 or the parent's attorney; the person who is the child's 3 6 guardian or legal custodian or that person's attorney; and the 3 7 person named in a report as having abused a child or the 3 8 person's attorney. A person who receives confidential child 3 9 abuse information redisseminated under this subsection is 3 10 prohibited from further disseminating, communicating, or 3 11 attempting to communicate the information to a person who is 3 12 not authorized by law to have access to the information. 3 13 Under Code chapter 235A, knowing redissemination of child 3 14 abuse information in violation of the chapter is subject to 3 15 criminal misdemeanor penalties and civil remedies. 3 16 The bill takes effect upon enactment and is retroactively 3 17 applicable to disclosure of information involving cases 3 18 reported before the bill's effective date. 3 19 LSB 6625YC 78 3 20 jp/as/5
Text: HSB00661 Text: HSB00663 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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