Text: SF02368 Text: SF02370 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2369 1 2 1 3 AN ACT 1 4 RELATING TO THE SHARING OF JUVENILE COURT SOCIAL RECORDS, 1 5 CHILD ABUSE RECORDS, OR OTHER INFORMATION. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 217.30, subsection 4, paragraph b, Code 1 10 1999, is amended to read as follows: 1 11 b. Confidential information described in subsection 1, 1 12 paragraphs "a," "b", and "c", shall be disclosed to public 1 13 officials, for use in connection with their official duties 1 14 relating to law enforcement, audits and other purposes 1 15 directly connected with the administration of such programs, 1 16 upon written application to and with approval of the director 1 17 or the director's designee. Confidential information 1 18 described in subsection 1 paragraphs "a", "b", and "c", shall 1 19 also be disclosed to public officials, for use in connection 1 20 with their official duties relating to the support and 1 21 protection of children and families, upon written application 1 22 to and with the approval of the director or the director's 1 23 designee. 1 24 Sec. 2. Section 232.147, Code 1999, is amended by adding 1 25 the following new subsection: 1 26 NEW SUBSECTION. 5A. Social records prior to adjudication 1 27 may be disclosed without court order, to the superintendent or 1 28 superintendent's designee of a school district, authorities in 1 29 charge of an accredited nonpublic school, or any other state 1 30 or local agency that are part of the juvenile justice system, 1 31 in accordance with an interagency agreement established under 1 32 section 280.25. The disclosure shall only include identifying 1 33 information that is necessary to fulfill the purpose of the 1 34 disclosure. The social records disclosed shall be used solely 1 35 for the purpose of determining the programs and services 2 1 appropriate to the needs of the child or the family of the 2 2 child and shall not be disclosed for any other purpose unless 2 3 otherwise provided by law. 2 4 Sec. 3. Section 235A.15, subsection 2, paragraph b, 2 5 subparagraph (4), Code Supplement 1999, is amended to read as 2 6 follows: 2 7 (4) To a multidisciplinary team, or to parties to an 2 8 interagency agreement entered into pursuant to section 280.25, 2 9 if the department of human services approves the composition 2 10 of the multidisciplinary team or the relevant provisions of 2 11 the interagency agreement and determines that access to the 2 12 team or to the parties to the interagency agreement is 2 13 necessary to assist the department in the diagnosis, 2 14 assessment, and disposition of a child abuse case. 2 15 Sec. 4. Section 280.25, Code 1999, is amended to read as 2 16 follows: 2 17 280.25 INFORMATION SHARING – INTERAGENCY AGREEMENTS. 2 18 1. The board of directors of each public school and the 2 19 authorities in charge of each accredited nonpublic school 2 20 shall adopt a policy and the superintendent of each public 2 21 school shall adopt rules which provide that the school 2 22 district or school may share information contained within a 2 23 student's permanent record pursuant to an interagency 2 24 agreement with state and local agencies that are part of the 2 25 juvenile justice systemincluding the. These agencies include 2 26 but are not limited to, juvenile court services, the 2 27 department of human services, and local law enforcement 2 28 authorities. The disclosure of information shall be directly 2 29 related to the juvenile justice system's ability to 2 30 effectively serve, prior to adjudication, the student whose 2 31 records are being released. 2 32 2. The purpose of the agreement shall be to reduce 2 33 juvenile crime by promoting cooperation and collaboration and 2 34 the sharing of appropriate informationbetweenamong the 2 35 parties in a joint effort to improve school safety, reduce 3 1 alcohol and illegal drug use, reduce truancy, reduce in-school 3 2 and out-of-school suspensions, and to support alternatives to 3 3 in-school and out-of-school suspensions and expulsions which 3 4 provide structured and well-supervised educational programs 3 5 supplemented by coordinated and appropriate services designed 3 6 to correct behaviors that lead to truancy, suspension, and 3 7 expulsions and to support students in successfully completing 3 8 their education. 3 9 3. Information shared under the agreement shall be used 3 10 solely for determining the programs and services appropriate 3 11 to the needs of the juvenile or the juvenile's family, or 3 12 coordinating the delivery of programs and services to the 3 13 juvenile or the juvenile's family. 3 14 4. Information shared by the school district or school 3 15 under the agreement is not admissible in any court proceedings 3 16 which take place prior to a disposition hearing, unless 3 17 written consent is obtained from a student's parent, guardian, 3 18 or legal or actual custodian. 3 19 5. Information shared by another party to the agreement 3 20 with a school district or school pursuant to an interagency 3 21 agreement shall not be used as a basis for a school 3 22 disciplinary action against a student. 3 23 6. The interagency agreement shall provide, and each 3 24 signatory agency to the agreement shall certify in the 3 25 agreement, that confidential information sharedbetweenamong 3 26 the parties to the agreement shall remain confidential and 3 27 shall not be shared with any other person, school, school 3 28 district, or agency, unless otherwise provided by law. 3 29 7. Juvenile court social records may be disclosed in 3 30 accordance with section 232.147, subsection 5A. 3 31 8. A school or school district entering into an 3 32 interagency agreement under this section shall adopt a policy 3 33 implementing the provisions of the interagency agreement. The 3 34 policy shall include, but not be limited to, the provisions of 3 35 the interagency agreement and the procedures to be used by the 4 1 school or school district to share information from the 4 2 student's permanent record with participating agencies. The 4 3 policy shall be published in the student handbook. 4 4 4 5 4 6 4 7 MARY E. KRAMER 4 8 President of the Senate 4 9 4 10 4 11 4 12 BRENT SIEGRIST 4 13 Speaker of the House 4 14 4 15 I hereby certify that this bill originated in the Senate and 4 16 is known as Senate File 2369, Seventy-eighth General Assembly. 4 17 4 18 4 19 4 20 MICHAEL E. MARSHALL 4 21 Secretary of the Senate 4 22 Approved , 2000 4 23 4 24 4 25 4 26 THOMAS J. VILSACK 4 27 Governor
Text: SF02368 Text: SF02370 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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