Text: SF02409 Text: SF02411 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 2C.9, subsection 3, Code 1999, is 1 2 amended to read as follows: 1 3 3. Request and receive from each agency assistance and 1 4 information as necessary in the performance of the duties of 1 5 the office.Notwithstanding section 22.7, pursuant to an1 6investigation theThe citizens' aide may examine any and all 1 7 records and documents of any agency unless its custodian 1 8 demonstrates that the examination would violate federal law or 1 9 result in the denial of federal funds to the agency. 1 10 Confidential documents provided to the citizens' aide by other 1 11 agencies shall continue to maintain their confidential status. 1 12 The citizens' aide is subject to the same policies and 1 13 penalties regarding the confidentiality of the document as an 1 14 employee of the agency. The citizens' aide may enter and 1 15 inspect premises within any agency's control and may observe 1 16 proceedings and attend hearings, with the consent of the 1 17 interested party, including those held under a provision of 1 18 confidentiality, conducted by any agency unless the agency 1 19 demonstrates that the attendance or observation would violate 1 20 federal law or result in the denial of federal funds to that 1 21 agency.This subsection does not permit the examination of1 22records or access to hearings and proceedings which are the1 23work product of an attorney under section 22.7, subsection 4,1 24or which are privileged communications under section 622.10.1 25 Sec. 2. Section 135.43, subsection 3, paragraph e, Code 1 26 1999, is amended to read as follows: 1 27 e. Develop protocols forand establisha committee to be 1 28 appointed by the director on an ad hoc basis to immediately 1 29 review the child abuseinvestigationsassessments which 1 30 involve the death of a child age six or younger. The director 1 31 shall appoint a medical examiner, a pediatrician, and a person 1 32 involved with law enforcement to the committee. 1 33 (1) The purpose of the review shall be to determine 1 34 whether the department of human services and others involved 1 35 with the case of child abuse responded appropriately. The 2 1 protocols shall provide for the committee to consult with any 2 2 multidisciplinary investigation and prosecution team operating 2 3 in the area in which the death occurred. 2 4 (2) The committee shall have access to patient records and 2 5 other pertinent confidential information and subject to the 2 6 restrictions in this paragraph "e" may redisseminate the 2 7 confidential information in the committee's report. 2 8 (3) Upon completion of the review, the committee shall 2 9 issue a report which shall include findings concerning the 2 10 case and recommendations for changes to prevent child deaths 2 11 when similar circumstances exist. Prior to issuing the 2 12 report, the committee shall consult with the county attorney 2 13 responsible for prosecution of the alleged perpetrator of the 2 14 child death. The committee shall be subject to the 2 15 restrictions applicable to the director of human services for 2 16 release of information concerning a child fatality or near 2 17 fatality in accordance with section 235A.15, subsection 8. 2 18 (4) The report shall be submitted to the governor and 2 19 general assembly. 2 20 Sec. 3. Section 135.43, subsection 6, paragraph b, Code 2 21 1999, is amended to read as follows: 2 22 b. A person in possession or control of medical, 2 23 investigative, assessment, or other information pertaining to 2 24 a child death and child abuse review shall allow the 2 25 inspection and reproduction of the information by the 2 26 department upon the request of the department, to be used only 2 27 in the administration and for the duties of the Iowa child 2 28 death review team.InformationExcept as provided for a 2 29 report on a child death by a committee of the team under 2 30 subsection 3, information and records which are confidential 2 31 under section 22.7 and chapter 235A, and information or 2 32 records received from the confidential records, remain 2 33 confidential under this section. A person does not incur 2 34 legal liability by reason of releasing information to the 2 35 department as required under and in compliance with this 3 1 section. 3 2 Sec. 4. Section 217.30, subsection 4, Code 1999, is 3 3 amended by adding the following new paragraph: 3 4 NEW PARAGRAPH. f. An individual who is the subject of a 3 5 child abuse report as identified in section 235A.15, 3 6 subsection 2, paragraph "a", or who is the parent, guardian, 3 7 or custodian of a child receiving services or involved in a 3 8 proceeding under chapter 232, may redisseminate confidential 3 9 information described in subsection 1 that the individual is 3 10 allowed under law to possess. Persons authorized under this 3 11 paragraph to receive such a redissemination shall be limited 3 12 to those persons authorized to receive child abuse information 3 13 under section 235A.17, subsection 3. 3 14 Sec. 5. Section 228.3, Code 1999, is amended by adding the 3 15 following new subsection: 3 16 NEW SUBSECTION. 3. An individual who is the subject of a 3 17 child abuse report as identified in section 235A.15, 3 18 subsection 2, paragraph "a", or who is the parent, guardian, 3 19 or custodian of a child receiving services or involved in a 3 20 proceeding under chapter 232, may redisseminate mental health 3 21 information that the individual is allowed under law to 3 22 possess. Persons authorized under this subsection to receive 3 23 such a redissemination shall be limited to those persons 3 24 authorized to receive child abuse information under section 3 25 235A.17, subsection 3. 3 26 Sec. 6. Section 232.70, Code 1999, is amended by adding 3 27 the following new subsection: 3 28 NEW SUBSECTION. 8. Within twenty-four hours of receiving 3 29 a report from a mandatory or permissive reporter, the 3 30 department shall inform the reporter, orally or by other 3 31 appropriate means, whether or not the department has commenced 3 32 an assessment of the allegation in the report. 3 33 Sec. 7. Section 232.147, subsection 3, Code 1999, is 3 34 amended by adding the following new subsection: 3 35 NEW SUBSECTION. 3A. An individual who is the subject of a 4 1 child abuse report as identified in section 235A.15, 4 2 subsection 2, paragraph "a", or who is the parent, guardian, 4 3 or custodian of a child receiving services or involved in a 4 4 proceeding under this chapter, may redisseminate confidential 4 5 juvenile court social records and other information in 4 6 official juvenile court records that the individual is allowed 4 7 under this section or other law to possess. Persons 4 8 authorized under this subsection to receive such a 4 9 redissemination shall be limited to those persons authorized 4 10 to receive child abuse information under section 235A.17, 4 11 subsection 3. 4 12 Sec. 8. Section 232.147, subsection 5, Code 1999, is 4 13 amended by adding the following new unnumbered paragraph: 4 14 NEW UNNUMBERED PARAGRAPH. An individual who is the subject 4 15 of a child abuse report as identified in section 235A.15, 4 16 subsection 2, paragraph "a", or who is the parent, guardian, 4 17 or custodian of a child receiving services or involved in a 4 18 proceeding under this chapter, may redisseminate confidential 4 19 juvenile court social records and other information in 4 20 official juvenile court records of cases alleging delinquency 4 21 that the individual is allowed under law to possess. Persons 4 22 authorized under this paragraph to receive such a 4 23 redissemination shall be limited to those persons authorized 4 24 to receive child abuse information under section 235A.17, 4 25 subsection 3. 4 26 Sec. 9. Section 235A.13, Code Supplement 1999, is amended 4 27 by adding the following new subsection: 4 28 NEW SUBSECTION. 8A. "Near fatality" means a bodily injury 4 29 which involves substantial risk of death, extreme physical 4 30 pain, protracted and obvious disfigurement, or protracted loss 4 31 or impairment of the function of a bodily member, organ, or 4 32 mental faculty. 4 33 Sec. 10. Section 235A.15, subsection 1, Code Supplement 4 34 1999, is amended to read as follows: 4 35 1. Notwithstanding chapter 22, the confidentiality of all 5 1 child abuse information shall be maintained, except as 5 2 specifically provided bysubsection 2, 3, or 4this section. 5 3 Sec. 11. Section 235A.15, subsection 2, paragraph b, 5 4 subparagraph (5), Code Supplement 1999, is amended to read as 5 5 follows: 5 6 (5) In an individual case, totheeach mandatory reporter 5 7 who reported the child abuse. 5 8 Sec. 12. Section 235A.15, subsection 2, paragraph f, 5 9 subparagraph (2), Code Supplement 1999, is amended to read as 5 10 follows: 5 11 f.The following, but onlyOnly with respect to 5 12 disposition data for cases of founded child abuse subject to 5 13 placement in the central registry pursuant to section 232.71D:5 14(1) Toto a person who submits written authorization from 5 15 an individual allowing the person access to data pursuant to 5 16 this subsection on behalf of the individual in order to verify 5 17 whether the individual is named in a founded child abuse 5 18 report as having abused a child. 5 19(2) To an individual who is requesting information on a5 20specific case of child abuse which resulted in a child5 21fatality or near fatality.5 22 Sec. 13. Section 235A.15, Code Supplement 1999, is amended 5 23 by adding the following new subsections: 5 24 NEW SUBSECTION. 7. Upon the request of the governor, the 5 25 department shall disclose child abuse information to the 5 26 governor relating to a specific case of child abuse reported 5 27 to the department. 5 28 NEW SUBSECTION. 8. If the department receives a request 5 29 for child abuse information relating to a case of a fatality 5 30 or near fatality to a child, within five business days of 5 31 receiving the request the director of human services or the 5 32 director's designee shall consult with the county attorney 5 33 responsible for prosecution of any alleged perpetrator of the 5 34 fatality or near fatality and shall disclose child abuse 5 35 information relating to the case and the child in accordance 6 1 with this subsection. The director or the director's designee 6 2 shall release all child abuse information associated with the 6 3 case and the child, except for the following: 6 4 a. The substance or content of any mental health or 6 5 psychological information that is confidential under chapter 6 6 228. 6 7 b. Information pertaining to the child or the child's 6 8 family that is not directly related to the cause of the 6 9 fatality or near fatality. 6 10 c. Information that would reveal the identity of any 6 11 individual who provided information relating to a report of 6 12 child abuse or an assessment of such a report involving the 6 13 child. 6 14 d. Information that the director or the director's 6 15 designee reasonably believes is likely to cause mental or 6 16 physical harm to a sibling of the child or to another child 6 17 residing in the child's household. 6 18 e. Information that the director or the director's 6 19 designee reasonably believes is likely to jeopardize the 6 20 prosecution of any alleged perpetrator of the fatality or near 6 21 fatality. 6 22 f. Information that the director or the director's 6 23 designee reasonably believes is likely to jeopardize the 6 24 rights of any alleged perpetrator of the fatality or near 6 25 fatality to a fair trial. 6 26 g. Information that the director or the director's 6 27 designee reasonably believes is likely to undermine an ongoing 6 28 or future criminal investigation. 6 29 h. Information that is not authorized to be released under 6 30 federal law or regulation. 6 31 NEW SUBSECTION. 9. If it is alleged in a public meeting, 6 32 public forum, or a publicly accessible media that the 6 33 department has inappropriately, inadequately, or 6 34 unsatisfactorily responded to a report of child abuse, the 6 35 director of human services or the director's designee may 7 1 publicly respond to the allegation. The public response may 7 2 disclose child abuse information relating to the case which is 7 3 otherwise required under this chapter to be kept confidential. 7 4 However, the response shall not disclose any information that 7 5 the director or the director's designee reasonably believes 7 6 would cause mental or physical harm to the child or the 7 7 child's family or any information that is not directly related 7 8 to the allegation. In addition, the disclosure is subject to 7 9 the restrictions applicable for release of information under 7 10 subsection 8 as though the case of child abuse involves a 7 11 child fatality or near fatality. 7 12 Sec. 14. Section 235A.17, Code 1999, is amended by adding 7 13 the following new subsection: 7 14 NEW SUBSECTION. 3. An individual who is the subject of a 7 15 child abuse report, as identified in section 235A.15, 7 16 subsection 2, paragraph "a", may redisseminate to the governor 7 17 or the governor's designee or to a member of the general 7 18 assembly or an employee of the general assembly designated by 7 19 the member, child abuse information that was disseminated to 7 20 the individual by the department or other official source. 7 21 Prior to receiving information under this subsection, a person 7 22 who is a member or designated employee of the general assembly 7 23 or who is the governor's designee must successfully complete a 7 24 course on child abuse and confidentiality requirements 7 25 developed by the department. A person who receives 7 26 confidential child abuse information redisseminated under this 7 27 subsection shall not further disseminate, communicate, or 7 28 attempt to communicate the information to a person who is not 7 29 authorized by this section or other provision of law to have 7 30 access to the information. 7 31 Sec. 15. EFFECTIVE DATE – APPLICABILITY. This Act, being 7 32 deemed of immediate importance, takes effect upon enactment 7 33 and is applicable to disclosures of information on or after 7 34 the date of enactment related to cases of child abuse reported 7 35 prior to, on, or after the effective date of this Act. 8 1 EXPLANATION 8 2 This bill provides for access to and disclosure of certain 8 3 confidential information by the governor and the general 8 4 assembly and their designees. 8 5 Code section 2C.9, relating to the powers of the citizens' 8 6 aide, is amended to strike language limiting access to 8 7 confidential information. The bill strikes a reference 8 8 negating the applicability of Code chapter 22, the public 8 9 records law, to an investigation by the citizens' aide. In 8 10 addition, the bill strikes a restriction on the citizens' 8 11 aide's authority to examine records or to have access to 8 12 hearing and proceedings that are the work product of an 8 13 attorney under the public records law or that are a privileged 8 14 communication under Code section 622.10, relating to such 8 15 communication with an attorney, physician, and various other 8 16 professionals. 8 17 Code section 135.43, relating to the child death review 8 18 team, is amended. Current law directs the team to develop 8 19 protocols for and establish a committee to review child abuse 8 20 investigations which involve the death of a child. The bill 8 21 provides for the team to develop protocols for committees 8 22 appointed by the director of public health on an adhoc basis 8 23 to immediately review child abuse assessments which involve 8 24 the death of a child age six or younger. The bill provides 8 25 for committee membership, purpose of the review, authority to 8 26 access records, and issuance of a report to the governor and 8 27 general assembly. The bill includes authorization to include 8 28 confidential information in the report, subject to the 8 29 restrictions provided later in the bill for the director of 8 30 human services' disclosure of information regarding child 8 31 abuse cases involving a fatality or near fatality of a child. 8 32 The bill authorizes an individual, who is a subject of a 8 33 child abuse report or is the parent, guardian, or custodian of 8 34 a child receiving services or involved in a proceeding under 8 35 Code chapter 232, to redisseminate confidential information 9 1 that the individual is allowed under law to possess. The 9 2 redissemination is limited to the governor, governor's 9 3 designee, member of the general assembly, or designated 9 4 employee of the general assembly, as described later in the 9 5 bill. The bill provides this authorization in Code section 9 6 217.30, relating to various records of the department of human 9 7 services; Code section 228.3, relating to mental health and 9 8 psychological information; and Code section 232.147, relating 9 9 to confidentiality of juvenile court social records and 9 10 official juvenile court records. 9 11 Code section 232.70, relating to the reporting procedure 9 12 for child abuse, is amended. The bill requires the department 9 13 within 24 hours of receiving a child abuse report to notify a 9 14 mandatory or permissive reporter who made the report whether 9 15 or not the department has commenced an assessment of the 9 16 allegation in the report. 9 17 Code section 235A.13, relating to definitions for the child 9 18 abuse registry chapter, is amended to add a definition of 9 19 "near fatality". 9 20 Code section 235A.15, relating to access to child abuse 9 21 information, is amended to provide that confidentiality of the 9 22 information shall be maintained except as provided in the Code 9 23 section. "Child abuse information" is a defined term under 9 24 Code section 235A.13, meaning report, assessment, and 9 25 disposition data pertaining to a case of child abuse. 9 26 The bill also amends Code section 235A.15 to require the 9 27 department of human services to make available a written child 9 28 abuse assessment to each mandatory reporter who reported the 9 29 abuse. 9 30 Code section 235A.15 is also amended to strike current law 9 31 authorizing access to dispositional child abuse information 9 32 only to an individual who is requesting information on a 9 33 specific case of child abuse which resulted in a child 9 34 fatality or near fatality. The bill directs the department of 9 35 human services to provide to the governor any child abuse 10 1 information concerning a specific case. 10 2 In addition, the bill directs the director of human 10 3 services or the director's designee, upon receiving a request 10 4 for child abuse information on a case of fatality or near 10 5 fatality of a child, within five business days, to consult 10 6 with the county attorney responsible for prosecuting any 10 7 alleged perpetrator of the abuse and to disclose information 10 8 relating to the case. The information release is subject to 10 9 exceptions for confidential mental health or psychological 10 10 information, information pertaining to the child or child's 10 11 family that is not directly related to the fatality or near 10 12 fatality, information that would reveal the identity of 10 13 persons who reported the child abuse or provided information 10 14 during the assessment, information that may cause mental or 10 15 physical harm to the abused child or another child residing in 10 16 the household, information that may jeopardize the prosecution 10 17 of an alleged perpetrator, information that may jeopardize the 10 18 rights of a perpetrator to a fair trial, information that may 10 19 undermine a criminal investigation, and information that is 10 20 not authorized to be released under federal law or regulation. 10 21 If it is publicly alleged that the department 10 22 inappropriately, inadequately, or unsatisfactorily responded 10 23 to a report of child abuse, the director or the director's 10 24 designee is authorized to disclose confidential information in 10 25 publicly responding to the allegation. The disclosure is 10 26 subject to the same restrictions as the disclosure in cases 10 27 involving a fatality or near fatality. 10 28 The bill amends Code section 235A.17, relating to 10 29 redissemination of child abuse information. The bill 10 30 authorizes a subject of a child abuse report to redisseminate 10 31 child abuse information received by the subject from the 10 32 department or other official source, to the governor or 10 33 governor's designee or to a member of the general assembly or 10 34 an employee of the general assembly designated by a member. 10 35 Subjects of a child abuse report include the child named in a 11 1 report or the child's attorney or guardian ad litem; the 11 2 parent of the child or the parent's attorney; the person who 11 3 is the child's guardian or legal custodian or that person's 11 4 attorney; and the person named in a report as having abused a 11 5 child or the person's attorney. A person who receives 11 6 confidential child abuse information redisseminated under this 11 7 subsection is prohibited from further disseminating, 11 8 communicating, or attempting to communicate the information to 11 9 a person who is not authorized by law to have access to the 11 10 information. 11 11 Under Code chapter 235A, a person who knowingly 11 12 redisseminates child abuse information in violation of the 11 13 chapter is subject to criminal misdemeanor penalties and civil 11 14 remedies. 11 15 The bill takes effect upon enactment and is applicable to 11 16 disclosure of information involving cases reported on, before, 11 17 and after the bill's effective date. 11 18 LSB 6724HV 78 11 19 jp/as/5
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