Text: SF00254 Text: SF00256 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 217.30, subsection 4, Code 1999, is
1 2 amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. f. If authorized by a subject of a child
1 4 abuse report as identified in section 235A.15, subsection 2,
1 5 paragraph "a", or by the parent, guardian, or custodian of a
1 6 child receiving services or involved in a proceeding under
1 7 chapter 232, a statewide elected official, as defined in
1 8 section 68B.2, a member of the general assembly, or a designee
1 9 of the statewide elected official or member of the general
1 10 assembly shall have access to confidential information
1 11 described in subsection 1 which relates to the person
1 12 providing the authorization or to a child of the person. The
1 13 purpose of the access shall be for the elected official,
1 14 member of the general assembly, or designee to monitor
1 15 compliance of the department or designees of the department
1 16 with requirements under law and the adequacy of the
1 17 requirements.
1 18 Sec. 2. Section 228.3, Code 1999, is amended by adding the
1 19 following new subsection:
1 20 NEW SUBSECTION. 3. A subject of a child abuse report as
1 21 identified in section 235A.15, subsection 2, paragraph "a", or
1 22 the parent, guardian, or custodian of a child receiving
1 23 services or involved in a proceeding under chapter 232, may
1 24 consent to the disclosure of mental health information
1 25 relating to the person providing the authorization or to a
1 26 child of the person to a statewide elected official, as
1 27 defined in section 68B.2, a member of the general assembly, or
1 28 a designee of the statewide elected official or member of the
1 29 general assembly. The purpose of the disclosure shall be for
1 30 the elected official, member of the general assembly, or
1 31 designee to monitor compliance of state agencies, officials,
1 32 and employees with requirements under law and the adequacy of
1 33 the requirements.
1 34 Sec. 3. Section 232.147, subsection 3, Code 1999, is
1 35 amended by adding the following new paragraph:
2 1 NEW PARAGRAPH. h. If authorized by a subject of a child
2 2 abuse report as identified in section 235A.15, subsection 2,
2 3 paragraph "a", or by the parent, guardian, or custodian of a
2 4 child receiving services or involved in a proceeding under
2 5 this chapter, to a statewide elected official, as defined in
2 6 section 68B.2, a member of the general assembly, or a designee
2 7 of the statewide elected official or member of the general
2 8 assembly. The purpose of the disclosure shall be for the
2 9 elected official, member of the general assembly, or designee
2 10 to monitor compliance of state agencies, officials, and
2 11 employees with requirements under law and the adequacy of the
2 12 requirements.
2 13 Sec. 4. Section 232.147, subsection 5, Code 1999, is
2 14 amended by adding the following new unnumbered paragraph:
2 15 NEW UNNUMBERED PARAGRAPH. An individual authorized under
2 16 subsection 3, paragraph "h", to inspect official juvenile
2 17 court records, may inspect social records and the contents of
2 18 the records and the official juvenile court records of cases
2 19 alleging delinquency shall be disclosed to such individual for
2 20 the purposes described in subsection 3, paragraph "h".
2 21 Sec. 5. Section 235A.15, subsection 2, paragraph d, Code
2 22 1999, is amended by adding the following new subparagraph:
2 23 NEW SUBPARAGRAPH. (6) If authorized by a subject of a
2 24 child abuse report as identified in paragraph "a", to a
2 25 statewide elected official as defined in section 68B.2, a
2 26 member of the general assembly, or a designee of a statewide
2 27 elected official or member of the general assembly, to the
2 28 maximum extent access to the information is available to any
2 29 other person authorized under this lettered paragraph. The
2 30 purpose of the access shall be to monitor compliance of state
2 31 agencies, officials, and employees with requirements under the
2 32 law and the adequacy of the requirements.
2 33 Sec. 6. Section 235A.19, subsection 2, paragraph b, Code
2 34 1999, is amended by adding the following new subparagraph:
2 35 NEW SUBPARAGRAPH. (8) To a statewide elected official, a
3 1 member of the general assembly, or a designee of a statewide
3 2 elected official or member of the general assembly authorized
3 3 under section 235A.15, subsection 2, paragraph "d".
3 4 Sec. 7. EFFECTIVE DATE. This Act, being deemed of
3 5 immediate importance, takes effect upon enactment.
3 6 EXPLANATION
3 7 This bill provides for monitoring and review of state
3 8 officials, employees, and judicial compliance with
3 9 requirements under law by authorizing statewide elected
3 10 officials and members of the general assembly or their
3 11 designees to have access to various records which are
3 12 otherwise held confidential under law.
3 13 Under the bill, the access must be authorized by a subject
3 14 of a child abuse report which includes a child, the child's
3 15 parent or legal custodian, the person named in a report as
3 16 having abused a child, or any of these persons' attorney or
3 17 guardian ad litem or the parent, guardian, or custodian of a
3 18 child receiving services or involved with a juvenile court
3 19 proceeding under Code chapter 232, the juvenile justice code.
3 20 The purpose of the access is to monitor state compliance with
3 21 requirements under law.
3 22 The bill amends Code section 217.30, relating to
3 23 confidentiality of information pertaining to assistance or
3 24 services provided by the department of human services. The
3 25 bill provides access to the department's case records,
3 26 including medical or psychiatric data, which relate to the
3 27 person authorizing the access or to a child of the person.
3 28 Code section 228.3 is amended to allow disclosure of mental
3 29 health information.
3 30 Code section 232.147 is amended to allow access to juvenile
3 31 court records, including social records and cases involving an
3 32 allegation of delinquency.
3 33 The bill amends Code section 235A.15, relating to
3 34 authorized access to child abuse information. The information
3 35 which may be accessed includes any type of child abuse
4 1 information, including reports, assessments, and disposition
4 2 data. Access is available to the maximum extent the access is
4 3 available for a particular type of proceeding or hearing to
4 4 any of the following: a juvenile court, district court, court
4 5 or administrative agency hearing, expert witness, probation or
4 6 parole officer, juvenile court officer, or adult correctional
4 7 officer.
4 8 The bill amends Code section 235A.19, relating to requests
4 9 for correction or expungement of child abuse information and
4 10 appeal, to allow for access on the part of the persons
4 11 authorized by the bill prior to the conclusion of any
4 12 proceeding to correct or expunge child abuse information.
4 13 Unauthorized redissemination of child abuse information is
4 14 subject to civil and criminal penalties under Code chapter
4 15 235A.
4 16 The bill takes effect upon enactment.
4 17 LSB 2262XS 78
4 18 jp/sc/14
Text: SF00254 Text: SF00256 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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