Text: HSB00587 Text: HSB00589 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.71B, subsection 4, paragraph e, 1 2 Code Supplement 2001, is amended to read as follows: 1 3 e. An interview of the person alleged to have committed 1 4 the child abuse, if the person's identity and location are 1 5 known,. The offer of an interview shall be made to the person 1 6 prior to any consideration or determination being made that 1 7 the person committed the alleged abuse. The purpose of the 1 8 interview shall be toaffordprovide the person with the 1 9 opportunity toaddress theexplain or rebut the allegations of 1 10 the child abuse report or other allegations made during the 1 11 assessment.The interview shall be conducted, or an1 12opportunity for an interview shall be provided, prior to a1 13determination of child abuse being made.The court may waive 1 14 the requirementofto offer the interview only for good cause. 1 15 The person offered an interview or the person's attorney may 1 16 decline to be interviewed. 1 17 Sec. 2. NEW SECTION. 232.77A RECORDINGS OF INTERVIEWS. 1 18 1. If an interview is conducted as part of a child abuse 1 19 assessment under section 232.71B, as part of a law enforcement 1 20 investigative process for an alleged criminal act involving 1 21 harm to a child, or as part of any other process to determine 1 22 whether child abuse has occurred or to identify a person 1 23 alleged to have committed child abuse, the interview is 1 24 subject to the requirements of this section. A person 1 25 conducting such an interview is subject to the requirements of 1 26 this section, including but not limited to an interviewer who 1 27 is acting under the direction of or supervision of the 1 28 department or the juvenile court or who is a peace officer. 1 29 2. For an interview subject to the requirements of this 1 30 section, the interviewer shall make an audio or audiovisual 1 31 recording of the entire interview. The failure to make such a 1 32 recording may be used to impeach the results of the interview 1 33 if the results are introduced as evidence. The recording 1 34 shall be preserved until it is no longer relevant to the child 1 35 abuse assessment, investigative process, or other process, or 2 1 to any related proceeding. 2 2 3. This section shall not be construed as limiting or 2 3 affecting the recording of interviews in other circumstances. 2 4 Sec. 3. Section 232.96, subsection 6, Code Supplement 2 5 2001, is amended to read as follows: 2 6 6. A report, study, record, or other writing or an 2 7audiotape or videotapeaudio or audiovisual recording made by 2 8 the department of human services, a juvenile court officer, a 2 9 peace officer, or a hospital relating to a child in a 2 10 proceeding under this division is admissible notwithstanding 2 11 any objection to hearsay statements contained in it provided 2 12 it is relevant and material and provided its probative value 2 13 substantially outweighs the danger of unfair prejudice to the 2 14 child's parent, guardian, or custodian. The circumstances of 2 15 the making of the report, study, record, or other writing or 2 16 anaudiotape or videotapeaudio or audiovisual recording, 2 17 including the maker's lack of personal knowledge, may be 2 18 proved to affect its weight. If an audio or audiovisual 2 19 recording of an interview is made in accordance with section 2 20 232.77A, the recording shall be made available to all parties 2 21 prior to the proceeding in which the interview or a report 2 22 concerning the interview is to be introduced. Failure to make 2 23 the recording available prior to the proceeding shall be 2 24 grounds for exclusion of the interview or report from 2 25 evidence. 2 26 Sec. 4. Section 235A.13, subsection 10, Code 2001, is 2 27 amended by adding the following new paragraph: 2 28 NEW PARAGRAPH. g. An audio or audiovisual recording of an 2 29 interview made and preserved pursuant to section 232.71B or 2 30 232.77A. 2 31 EXPLANATION 2 32 This bill relates to the recording of certain interviews 2 33 conducted in association with a child abuse assessment. 2 34 The bill amends Code section 232.71B, relating to the 2 35 duties of the department of human services upon receiving a 3 1 child abuse report. Current law provides for an interview or 3 2 opportunity for an interview with the person alleged to have 3 3 committed the child abuse in order to afford the person an 3 4 opportunity to address the allegations of the report. The 3 5 bill provides that the interview must be offered prior to any 3 6 consideration or determination being made that the person 3 7 committed the abuse. Under the bill, the purpose of the 3 8 interview is to allow the person to explain or rebut the 3 9 allegations made in the report or during the assessment. The 3 10 bill narrows current law in that the court may only waive the 3 11 requirement to offer an interview for good cause. The bill 3 12 allows the person or the person's attorney to decline the 3 13 interview. 3 14 New Code section 232.77A establishes requirements for audio 3 15 or audiovisual recording of interviews. Such a recording is 3 16 required for an interview conducted as part of a child abuse 3 17 assessment under Code section 232.71B, as part of a law 3 18 enforcement investigative process for an alleged criminal act 3 19 involving harm to a child, or as part of any other process to 3 20 determine whether child abuse has occurred or to identify a 3 21 person alleged to have committed child abuse. Persons subject 3 22 to the requirement include an interviewer who is acting under 3 23 the direction of or supervision of the department or the 3 24 juvenile court or who is a peace officer. 3 25 The interviewer is responsible for recording the entire 3 26 interview. Failure to make such a recording may be used to 3 27 impeach the results of the interview if the results are 3 28 introduced as evidence. The recording is required to be 3 29 preserved until it is no longer relevant to the child abuse 3 30 assessment, investigative process, or other process, or to any 3 31 related proceeding. 3 32 Under current law in Code section 232.96, relating to child 3 33 in need of assistance adjudicatory hearings, records, 3 34 recordings, and testimony containing hearsay statements are 3 35 admissible in such hearings provided they are relevant and 4 1 material and the probative value outweighs the danger of 4 2 prejudice to the child's parent, guardian, or custodian. The 4 3 bill requires that any interview recordings made pursuant to 4 4 the bill's requirements must be provided in advance to the 4 5 parties to the hearing. Failure to do so is grounds to 4 6 exclude the interview and any related reports from evidence. 4 7 Code section 235A.13, relating to the definitions used for 4 8 the child abuse information registry, is amended to include in 4 9 the "report data" definition any audio or audiovisual 4 10 recordings made pursuant to the bill's requirements. Report 4 11 data includes information about the child, nature of injury to 4 12 the child, additional information such as the identity of the 4 13 person alleged to be responsible for the injury, names of 4 14 other children in the child's home, and any other information 4 15 believed to be helpful in regard to the additional 4 16 information. Current law restricts access to report data to 4 17 authorized parties. Parties to a child abuse report may 4 18 examine report data relating to the parties and have specific 4 19 rights to challenge the data. 4 20 LSB 5231HC 79 4 21 jp/sh/8
Text: HSB00587 Text: HSB00589 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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