Text: HF02558 Text: HF02560 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 217.30, subsection 4, Code 2001, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. e. Information described in subsection 1, 1 4 paragraphs "a", "b", and "c", is subject to disclosure in 1 5 accordance with section 235A.15, subsection 10. 1 6 Sec. 2. Section 235A.12, Code 2001, is amended to read as 1 7 follows: 1 8 235A.12 LEGISLATIVE FINDINGS AND PURPOSES. 1 9 1. The general assembly finds and declares that a central 1 10 registry is required to provide a single source for thestate-1 11widestatewide collection, maintenance, and dissemination of 1 12 child abuse information.Such aThe existence of the central 1 13 registry is imperative for increased effectiveness in dealing 1 14 with the problem of child abuse. The general assembly also 1 15 finds that vigorous protection of rights of individual privacy 1 16 is an indispensable element of a fair and effective system of 1 17 collecting, maintaining and disseminating child abuse 1 18 information. 1 19 2. The purposes of this section and sections 235A.13to1 20235A.23through 235A.24 are to facilitate the identification 1 21 of victims or potential victims of child abuse by making 1 22 available a single, statewide source of child abuse data; to 1 23 facilitate research on child abuse by making available a 1 24 single, statewide source of child abuse data; and to provide 1 25 maximum safeguards against the unwarranted invasions of 1 26 privacy which such a registry might otherwise entail. 1 27 Sec. 3. Section 235A.13, subsection 9, Code 2001, is 1 28 amended to read as follows: 1 29 9. "Near fatality" meansa bodilyan injurywhich involves1 30substantial risk of death, protracted and obvious1 31disfigurement, or protracted loss or impairment of the1 32function of a bodily member, organ, or mental faculty and1 33includes a serious bodily injury as described in section1 34702.18to a child that, as certified by a physician, placed 1 35 the child in serious or critical condition. 2 1 Sec. 4. Section 235A.15, subsections 7 and 8, Code 2 2 Supplement 2001, are amended to read as follows: 2 37. Upon the request of a person listed in this subsection,2 4child abuse information relating to a specific case of child2 5abuse involving a fatality or near fatality to a child and2 6reported to the department shall be disclosed to that person2 7by the director of human services. The purpose of the2 8disclosure is to provide for oversight of the department and2 9others involved with the state's child protection system in2 10order to improve the system. After completing a review of the2 11child abuse information received, an authorized requester may2 12issue a report to the governor regarding the specific case of2 13child abuse. The following persons are authorized to make a2 14request and receive child abuse information under this section2 15relating to a specific case of child abuse involving a2 16fatality or near fatality to a child:2 17a. The governor or the governor's designee.2 18b. The member of the senate or employee of the general2 19assembly designated by the majority leader or minority leader2 20of the senate.2 21c. The member of the house of representatives or employee2 22of the general assembly designated by the speaker or minority2 23leader of the house of representatives.2 24 7. If the director of human services receives a written 2 25 request for information regarding a specific case of child 2 26 abuse involving a fatality or near fatality to a child from 2 27 the majority or minority leader of the senate or the speaker 2 28 or the minority leader of the house of representatives, the 2 29 director or the director's designee shall arrange for a 2 30 confidential meeting with the requestor or the requestor's 2 31 designee. In the confidential meeting the director or the 2 32 director's designee shall share all pertinent information 2 33 concerning the case, including but not limited to child abuse 2 34 information. Any written document distributed by the director 2 35 or the director's designee at the confidential meeting shall 3 1 not be removed from the meeting and a participant in the 3 2 meeting shall be subject to the restriction on redissemination 3 3 of confidential information applicable to a person under 3 4 section 235A.17, subsection 3, for confidential information 3 5 disclosed to the participant at the meeting. A participant in 3 6 the meeting may issue a report to the governor or make general 3 7 public statements concerning the department's handling of the 3 8 case of child abuse. 3 9 8. Upon the request of the governor, the department shall 3 10 disclose child abuse information to the governor or the 3 11 governor's designee relating to a specific case of child abuse 3 12 reported to the department. 3 13 Sec. 5. Section 235A.15, subsection 9, unnumbered 3 14 paragraph 1, Code Supplement 2001, is amended to read as 3 15 follows: 3 16 If, apart from a request made pursuant to subsection 7 or 3 17 8, the department receives from a member of the public a 3 18 request forchild abuseinformation relating to a case of 3 19 founded child abuse involving a fatality or near fatality to a 3 20 child, the response to the request shall be made in accordance 3 21 with this subsection and subsections 10 and 11. If the 3 22 request is received before or during performance of an 3 23 assessment of the case in accordance with section 232.71B, the 3 24 director of human services or the director's designee shall 3 25 initially disclose whether or not the assessment will be or is 3 26 being performed. Otherwise, within five business days of 3 27 receiving the request or completing the assessment, whichever 3 28 is later, the director of human services or the director's 3 29 designee shall consult with the county attorney responsible 3 30 for prosecution of any alleged perpetrator of the fatality or 3 31 near fatality and shall disclosechild abuseinformation, 3 32 including but not limited to child abuse information, relating 3 33 to the caseand the child in accordance with this subsection.3 34The director or the director's designee shall release all3 35child abuse information associated with the case and the4 1child, except for the following: 4 2 Sec. 6. Section 235A.15, subsection 9, paragraph c, Code 4 3 Supplement 2001, is amended by striking the paragraph. 4 4 Sec. 7. Section 235A.15, Code Supplement 2001, is amended 4 5 by adding the following new subsections: 4 6 NEW SUBSECTION. 10. The information released by the 4 7 director of human services or the director's designee pursuant 4 8 to a request made under subsection 9 relating to a case of 4 9 founded child abuse involving a fatality or near fatality to a 4 10 child shall be a summary of all of the following, unless such 4 11 information is excepted from disclosure under subsection 9: 4 12 a. Any relevant child abuse report data concerning the 4 13 child or the child's family and the department's response and 4 14 findings concerning the report data, including but not limited 4 15 to assessment and disposition data. 4 16 b. Information, that would otherwise be confidential under 4 17 section 217.30, as to whether or not the child or a member of 4 18 the child's family was utilizing social services provided by 4 19 the department at the time of the child fatality or near 4 20 fatality or within the five-year period preceding the fatality 4 21 or near fatality. 4 22 c. Any recommendations made by the department to the 4 23 county attorney or the juvenile court. 4 24 d. If applicable, an evaluation of the department's 4 25 responses in the case. 4 26 NEW SUBSECTION. 11. a. If a person who made a request 4 27 for information under subsection 9 does not believe the 4 28 department has substantially complied with the request, the 4 29 person may apply to the juvenile court under section 235A.24 4 30 for an order for disclosure of additional information. 4 31 b. If release of social services information in addition 4 32 to that released under subsection 10, paragraph "b", is 4 33 believed to be in the public's interest and right to know, the 4 34 director of human services or the director's designee may 4 35 apply to the court under section 235A.24 requesting a review 5 1 of the information proposed for release and an order 5 2 authorizing release of the information. A release of 5 3 information that would otherwise be confidential under section 5 4 217.30 concerning social services provided to the child or the 5 5 child's family shall not include information concerning 5 6 financial or medical assistance provided to the child or the 5 7 child's family. 5 8 NEW SUBSECTION. 12. If an individual who is the subject 5 9 of a child abuse report listed in subsection 2, paragraph "a", 5 10 or another party involved in a child abuse assessment under 5 11 section 232.71B releases in a public forum or to the media 5 12 information concerning a case of child abuse including but not 5 13 limited to child abuse information which would otherwise be 5 14 confidential, the director of human services, or the 5 15 director's designee, may respond with relevant information 5 16 concerning the case of child abuse that was the subject of the 5 17 release. Prior to releasing the response, the director or the 5 18 director's designee shall consult with the child's parent or 5 19 guardian, or the child's guardian ad litem, and apply to the 5 20 court under section 235A.24 requesting a review of the 5 21 information proposed for release and an order authorizing 5 22 release of the information. 5 23 Sec. 8. Section 235A.24, Code 2001, is amended to read as 5 24 follows: 5 25 235A.24 ORDER FOR DISCLOSURE OR RELEASE OF CHILD ABUSE 5 26 INFORMATION. 5 27 1. a.A person whoseIf a person's request forchild5 28abuseinformation relating to a case of founded child abuse 5 29 under section 235A.15, subsection 9, is denied or such person 5 30 does not believe the department has substantially complied 5 31 with the request and seeks additional information, the person 5 32 may apply to the juvenile court for an order compelling 5 33 disclosure of the information. 5 34 b. The director of human services or the director's 5 35 designee may apply, if the conditions under section 235A.15, 6 1 subsection 11 or 12, are met, to the court requesting a review 6 2 of confidential information proposed for release and an order 6 3 authorizing the release of information. A release of 6 4 information that would otherwise be confidential under section 6 5 217.30 concerning social services provided to the child or the 6 6 child's family shall not include information concerning 6 7 financial or medical assistance provided to the child or the 6 8 child's family. 6 9 2. The application shall state in reasonable detail the 6 10 factors in support of the application. The juvenile court 6 11 shall have jurisdiction to issue the order. A hearing shall 6 12 be set immediately upon filing of an application under this 6 13 section and subsequent proceedings shall be accorded priority 6 14 by other courts. 6 15 3. In considering the application, the court shall weigh 6 16 the public's interest and right to know the information 6 17 against the privacy rights of the victim of the child abuse 6 18 and other individuals who may be affected by the release of 6 19 the information relating to the case of child abuse. 6 20 4. After the court has reviewed thechild abuse6 21 information relating to the case in camera, unless the court 6 22 finds that a restriction listed in section 235A.15, subsection 6 23 9, is applicable, the courtshallmay issue an order 6 24 compelling disclosure or authorizing release of thechild6 25abuseinformation relating to the case. 6 26 EXPLANATION 6 27 This bill relates to child protection confidentiality 6 28 requirements involving the department of human services. 6 29 Code section 217.30, relating to confidentiality of 6 30 department records, is amended to allow an exception for 6 31 disclosure of information as provided by the bill for certain 6 32 cases of child abuse involving a child fatality or near 6 33 fatality. The information subject to disclosure includes 6 34 names and addresses of individuals receiving services or 6 35 assistance from the department, the types of services or 7 1 amounts of assistance provided, information concerning the 7 2 social or economic conditions or circumstances of particular 7 3 individuals who are receiving or have received services or 7 4 assistance from the department, and agency evaluations of 7 5 information about a particular individual. 7 6 Code section 235A.12, relating to legislative findings and 7 7 purposes for the child abuse information registry, is amended 7 8 to include a reference to a related Code section and to make 7 9 technical changes. 7 10 Code section 235A.13, providing definitions for the child 7 11 abuse registry Code chapter, is amended to revise the term 7 12 "near fatality". The revision provides that "near fatality" 7 13 means an injury to a child that, as certified by a physician, 7 14 placed the child in serious or critical condition. 7 15 Code section 235A.15, relating to authorized access to 7 16 confidential child abuse information, is amended. Existing 7 17 law provides a procedure for the governor and legislative 7 18 designees to receive disclosure of confidential information on 7 19 child abuse cases involving a fatality or near fatality to a 7 20 child. The bill provides a procedure for sharing of such 7 21 information through a confidential meeting with the 7 22 legislative leader or a person designated by a legislative 7 23 leader. The bill prohibits removal of written materials 7 24 distributed at the meeting and redissemination of confidential 7 25 information disclosed at the meeting. The prohibition against 7 26 redissemination is the same as exists in current law in Code 7 27 section 235A.17, prohibiting a person who receives 7 28 confidential information about a child abuse case from further 7 29 disseminating, communicating, or attempting to communicate the 7 30 information to an unauthorized person. In addition to issuing 7 31 a report to the governor as is allowed under current law, the 7 32 bill allows a participant in the meeting to make general 7 33 public statements concerning the department's handling of the 7 34 case of child abuse. 7 35 Current law authorizes the governor to request and receive 8 1 disclosure of confidential information concerning any specific 8 2 case of child abuse. The bill expands this authority to 8 3 include the governor's designee. 8 4 Existing law allowing any person to request and receive 8 5 information concerning a case of child abuse involving a 8 6 fatality or near fatality to a child is amended to allow 8 7 release of other confidential information in addition to child 8 8 abuse information. If the request is received before or 8 9 during performance of a child abuse assessment of the case, 8 10 initially the director of human services or director's 8 11 designee must inform the requestor whether or not the 8 12 assessment will be or is being performed. Otherwise, within 8 13 five days of receiving the request or completing the 8 14 assessment, whichever is later, the director or designee must 8 15 release the information. The additional information to be 8 16 released by the department is specified to be a summary of the 8 17 department's response and findings, whether or not social 8 18 services were being utilized, recommendations made by the 8 19 department to the county attorney or juvenile court, and an 8 20 evaluation of the department's responses. 8 21 Existing law for information releases in cases involving a 8 22 child fatality or near fatality includes a list of information 8 23 items that are restricted from release. This list is also 8 24 applicable to the report issued by a special child fatality 8 25 review committee appointed by the director of public health. 8 26 The bill removes the restriction against the release of 8 27 information pertaining to the child, the child's family, or 8 28 any other person that is not directly related to the cause of 8 29 the fatality or near fatality. 8 30 A procedure is established if it is determined that release 8 31 of additional social service information in child fatality and 8 32 near fatality cases would be in the public interest or for the 8 33 department to release as a response when the subject of a 8 34 child abuse report or someone involved with a child abuse 8 35 assessment publicly releases or discusses confidential child 9 1 abuse information. The director of human services or the 9 2 director's designee may request juvenile court review of the 9 3 confidential information proposed to be released in a closed 9 4 session and issue an order authorizing the release. 9 5 Existing law in Code section 235A.24 allows a requestor of 9 6 information regarding a case involving a child fatality or 9 7 near fatality whose request is denied by the department of 9 8 human services to seek relief from the court. The bill also 9 9 allows relief if the requestor does not believe the department 9 10 has substantially complied with the request. 9 11 LSB 5552HV 79 9 12 jp/sh/8
Text: HF02558 Text: HF02560 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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