Text: SSB03197 Text: SSB03199 Text: SSB03100 - SSB03199 Text: SSB 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 217.30, subsection 4, Code 1999, is 1 26 amended by adding the following new paragraph: 1 27 NEW PARAGRAPH. f. An individual who is the subject of a 1 28 child abuse report as identified in section 235A.15, 1 29 subsection 2, paragraph "a", or who is the parent, guardian, 1 30 or custodian of a child receiving services or involved in a 1 31 proceeding under chapter 232, may redisseminate confidential 1 32 information described in subsection 1 that the individual is 1 33 allowed under law to possess. Persons authorized under this 1 34 paragraph to receive such a redissemination shall be limited 1 35 to those persons authorized to receive child abuse information 2 1 under section 235A.17, subsection 3. 2 2 Sec. 3. Section 228.3, Code 1999, is amended by adding the 2 3 following new subsection: 2 4 NEW SUBSECTION. 3. An individual who is the subject of a 2 5 child abuse report as identified in section 235A.15, 2 6 subsection 2, paragraph "a", or who is the parent, guardian, 2 7 or custodian of a child receiving services or involved in a 2 8 proceeding under chapter 232, may redisseminate mental health 2 9 information that the individual is allowed under law to 2 10 possess. Persons authorized under this subsection to receive 2 11 such a redissemination shall be limited to those persons 2 12 authorized to receive child abuse information under section 2 13 235A.17, subsection 3. 2 14 Sec. 4. Section 232.147, subsection 3, Code 1999, is 2 15 amended by adding the following new subsection: 2 16 NEW SUBSECTION. 3A. An individual who is the subject of a 2 17 child abuse report as identified in section 235A.15, 2 18 subsection 2, paragraph "a", or who is the parent, guardian, 2 19 or custodian of a child receiving services or involved in a 2 20 proceeding under this chapter, may redisseminate confidential 2 21 juvenile court social records and other information in 2 22 official juvenile court records that the individual is allowed 2 23 under this section or other law to possess. Persons 2 24 authorized under this subsection to receive such a 2 25 redissemination shall be limited to those persons authorized 2 26 to receive child abuse information under section 235A.17, 2 27 subsection 3. 2 28 Sec. 5. Section 232.147, subsection 5, Code 1999, is 2 29 amended by adding the following new unnumbered paragraph: 2 30 NEW UNNUMBERED PARAGRAPH. An individual who is the subject 2 31 of a child abuse report as identified in section 235A.15, 2 32 subsection 2, paragraph "a", or who is the parent, guardian, 2 33 or custodian of a child receiving services or involved in a 2 34 proceeding under this chapter, may redisseminate confidential 2 35 juvenile court social records and other information in 3 1 official juvenile court records of cases alleging delinquency 3 2 that the individual is allowed under law to possess. Persons 3 3 authorized under this paragraph to receive such a 3 4 redissemination shall be limited to those persons authorized 3 5 to receive child abuse information under section 235A.17, 3 6 subsection 3. 3 7 Sec. 6. Section 232.70, Code 1999, is amended by adding 3 8 the following new subsection: 3 9 NEW SUBSECTION. 8. Within twenty-four hours of receiving 3 10 a report from a mandatory or permissive reporter, the 3 11 department shall inform the reporter, orally or by other 3 12 appropriate means, whether or not the department has commenced 3 13 an assessment of the allegation in the report. 3 14 Sec. 7. Section 235A.13, Code Supplement 1999, is amended 3 15 by adding the following new subsection: 3 16 NEW SUBSECTION. 8A. "Near fatality" means a bodily injury 3 17 which involves substantial risk of death, extreme physical 3 18 pain, protracted and obvious disfigurement, or protracted loss 3 19 or impairment of the function of a bodily member, organ, or 3 20 mental faculty. 3 21 Sec. 8. Section 235A.15, subsection 1, Code Supplement 3 22 1999, is amended to read as follows: 3 23 1. Notwithstanding chapter 22, the confidentiality of all 3 24 child abuse information shall be maintained, except as 3 25 specifically provided bysubsection 2, 3, or 4this section. 3 26 Sec. 9. Section 235A.15, subsection 2, paragraph b, 3 27 subparagraph (5), Code Supplement 1999, is amended to read as 3 28 follows: 3 29 (5) In an individual case, totheeach mandatory reporter 3 30 who reported the child abuse. 3 31 Sec. 10. Section 235A.15, Code Supplement 1999, is amended 3 32 by adding the following new subsections: 3 33 NEW SUBSECTION. 7. Upon the request of a person listed in 3 34 this subsection, child abuse information relating to a 3 35 specific case of child abuse involving serious bodily injury 4 1 to a child or a fatality or near fatality to a child and 4 2 reported to the department shall be disclosed to that person 4 3 by the director of human services. The purpose of the 4 4 disclosure is to provide for oversight of the department and 4 5 others involved with the state's child protection system in 4 6 order to improve the system. An authorized requester who is a 4 7 member of the general assembly must successfully complete a 4 8 course on child abuse and confidentiality requirements 4 9 developed by the department prior to receiving the child abuse 4 10 information. After completing review of the child abuse 4 11 information received and consulting with the county attorney 4 12 responsible for prosecution of the alleged perpetrator of the 4 13 child abuse, an authorized requester may publicly issue a 4 14 report. In determining whether or not specific child abuse 4 15 information should be included in the report, the authorized 4 16 requester shall give consideration to the potential effects of 4 17 releasing the information on the privacy and best interests of 4 18 the child, if living, and the child's siblings or other 4 19 children in the child's household, and on the privacy of the 4 20 child's parent or guardian, and on any pending or future 4 21 prosecution of an alleged perpetrator of the child abuse. The 4 22 following persons are authorized to make a request and shall 4 23 receive child abuse information under this section: 4 24 a. The governor. 4 25 b. The president, majority leader, or minority leader of 4 26 the senate. 4 27 c. The speaker, majority leader, or minority leader of the 4 28 house of representatives. 4 29 NEW SUBSECTION. 8. The governor or a member of the 4 30 general assembly or an employee of the general assembly 4 31 designated by the member or the governor's designee may 4 32 request and the department shall disclose child abuse 4 33 information relating to a specific case of child abuse 4 34 reported to the department. Prior to receiving information 4 35 under this subsection, a person who is a member or designated 5 1 employee of the general assembly or who is the governor's 5 2 designee must successfully complete a course on child abuse 5 3 and confidentiality requirements developed by the department. 5 4 The purpose of the disclosure is for the governor or a member 5 5 of the general assembly to respond to a citizen's request for 5 6 an independent review of the actions of the department and 5 7 others in responding to a child abuse report. 5 8 Sec. 11. Section 235A.17, Code 1999, is amended by adding 5 9 the following new subsection: 5 10 NEW SUBSECTION. 3. An individual who is the subject of a 5 11 child abuse report, as identified in section 235A.15, 5 12 subsection 2, paragraph "a", may redisseminate to the governor 5 13 or the governor's designee or to a member of the general 5 14 assembly or an employee of the general assembly designated by 5 15 the member, child abuse information that was disseminated to 5 16 the individual by the department or other official source. 5 17 Prior to receiving information under this subsection, a person 5 18 who is a member or designated employee of the general assembly 5 19 or who is the governor's designee must successfully complete a 5 20 course on child abuse and confidentiality requirements 5 21 developed by the department. A person who receives 5 22 confidential child abuse information redisseminated under this 5 23 subsection shall not further disseminate, communicate, or 5 24 attempt to communicate the information to a person who is not 5 25 authorized by this section or other provision of law to have 5 26 access to the information. 5 27 Sec. 12. EFFECTIVE DATE – APPLICABILITY. This Act, being 5 28 deemed of immediate importance, takes effect upon enactment 5 29 and is applicable to disclosures of information on or after 5 30 the date of enactment related to cases of child abuse reported 5 31 prior to, on, or after the effective date of this Act. 5 32 EXPLANATION 5 33 This bill provides for access to certain confidential 5 34 information by the governor and the general assembly and their 5 35 designees. 6 1 Code section 2C.9, relating to the powers of the citizens' 6 2 aide, is amended to strike language limiting access to 6 3 confidential information. The bill strikes a reference 6 4 negating the applicability of Code chapter 22, the public 6 5 records law, to an investigation by the citizens' aide. In 6 6 addition, the bill strikes a limitation that does not 6 7 authorize the citizens' aide to examine records or to have 6 8 access to hearing and proceedings that are the work product of 6 9 an attorney under the public records law or that are a 6 10 privileged communication under Code section 622.10, relating 6 11 to such communication with an attorney, physician, and various 6 12 other professionals. 6 13 The bill authorizes for an individual who is a subject of a 6 14 child abuse report or is the parent, guardian, or custodian of 6 15 a child receiving services or involved in a proceeding under 6 16 Code chapter 232, to redisseminate confidential information 6 17 that the individual is allowed under law to possess. The 6 18 redissemination is limited to the governor, governor's 6 19 designee, member of the general assembly, or designated 6 20 employee of the general assembly, as described later in the 6 21 bill. The bill provides this authorization in Code section 6 22 217.30, relating to various records of the department of human 6 23 services; Code section 228.3, relating to mental health and 6 24 psychological information; and Code section 232.147, relating 6 25 to confidentiality of juvenile court social records and 6 26 official juvenile court records. 6 27 Code section 232.70, relating to the reporting procedure 6 28 for child abuse, is amended. The bill requires the department 6 29 within 24 hours of receiving a child abuse report to notify a 6 30 mandatory or permissive reporter who made the report whether 6 31 or not the department has commenced an assessment of the 6 32 allegation in the report. 6 33 Code section 235A.13, relating to definitions for the child 6 34 abuse registry chapter, is amended to add a definition of 6 35 "near fatality". 7 1 Code section 235A.15, relating to access to child abuse 7 2 information, is amended to provide that confidentiality of the 7 3 information shall be maintained except as provided in the Code 7 4 section. "Child abuse information" is a defined term under 7 5 Code section 235A.13, meaning report, assessment, and 7 6 disposition data pertaining to a case of child abuse. The 7 7 bill adds to access authorizations in current law to allow 7 8 access by the governor or by the president, majority leader, 7 9 or minority leader of the senate or the speaker, majority 7 10 leader, or minority leader of the house of representatives to 7 11 child abuse information relating to a specific case of child 7 12 abuse involving serious bodily injury to a child or a fatality 7 13 or near fatality of a child. The access authorization 7 14 requires the requester, other than the governor, to have 7 15 successfully completed training developed by the department on 7 16 child abuse and confidentiality requirements. After reviewing 7 17 the information and consulting with the county attorney 7 18 responsible for prosecution of the alleged perpetrator of the 7 19 abuse, an authorized requester may publicly issue a report. 7 20 An authorized requester is to consider the potential effects 7 21 of disclosing specific child abuse information on various 7 22 parties and on the prosecution of an alleged perpetrator. 7 23 For specific child abuse cases for which information is 7 24 requested by the governor or members of the general assembly 7 25 or the members' or governor's designees, the bill directs the 7 26 department to disclose child abuse information to those 7 27 persons. Prior to receiving the information, authorized 7 28 requesters other than the governor must have completed the 7 29 department's training on child abuse and confidentiality 7 30 requirements. The purpose of the disclosure is for the 7 31 governor or member of the general assembly to respond to a 7 32 citizen's request for an independent review of the actions of 7 33 the department and others in responding to a child abuse 7 34 report. 7 35 The bill also amends Code section 235A.15 to require the 8 1 department of human services to make available a written child 8 2 abuse assessment to each mandatory reporter who reported the 8 3 abuse. 8 4 The bill amends Code section 235A.17, relating to 8 5 redissemation of child abuse information. The bill authorizes 8 6 a subject of a child abuse report to redisseminate child abuse 8 7 information received by the subject from the department or 8 8 other official source, to the governor or governor's designee 8 9 or to a member of the general assembly or an employee of the 8 10 general assembly designated by a member. Subjects of a child 8 11 abuse report include the child named in a report or the 8 12 child's attorney or guardian ad litem; the parent of the child 8 13 or the parent's attorney; the person who is the child's 8 14 guardian or legal custodian or that person's attorney; and the 8 15 person named in a report as having abused a child or the 8 16 person's attorney. A person who receives confidential child 8 17 abuse information redisseminated under this subsection is 8 18 prohibited from further disseminating, communicating, or 8 19 attempting to communicate the information to a person who is 8 20 not authorized by law to have access to the information. 8 21 Under Code chapter 235A, a person who knowingly 8 22 redisseminates child abuse information in violation of the 8 23 chapter is subject to criminal misdemeanor penalties and civil 8 24 remedies. 8 25 The bill takes effect upon enactment and is applicable to 8 26 disclosure of information involving cases reported before the 8 27 bill's effective date. 8 28 LSB 6724XC 78 8 29 jp/as/5
Text: SSB03197 Text: SSB03199 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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