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PAG LIN 1 1 Section 1. Section 137.5, Code 2001, is amended by adding 1 2 the following new unnumbered paragraph: 1 3 NEW UNNUMBERED PARAGRAPH. A county board shall establish 1 4 the county's community review committee in accordance with 1 5 section 232.71B, subsection 15. 1 6 Sec. 2. Section 232.70, Code 2001, is amended by adding 1 7 the following new subsections: 1 8 NEW SUBSECTION. 1A. A reporter of child abuse shall be 1 9 offered an opportunity to provide a written statement swearing 1 10 under penalty of perjury that the facts stated to be true are 1 11 true to the best of the reporter's knowledge. If the reporter 1 12 declines to provide the written statement, the reporter's 1 13 response and reasons stated in declining shall be noted by the 1 14 person accepting the report or performing the assessment of 1 15 the report. 1 16 NEW SUBSECTION. 4A. a. For the purposes of this 1 17 subsection unless the context otherwise requires: 1 18 (1) "Imminent danger report" means a report that may 1 19 constitute an allegation of child abuse that is specifically 1 20 listed in paragraph "f", subparagraphs (1) through (3), 1 21 suggesting that the child may be in a circumstance or 1 22 condition that presents an imminent danger to the child's life 1 23 or health so that taking custody of the child without a court 1 24 order in accordance with section 232.79 or taking custody of 1 25 the child pursuant to a court order may be necessary to avoid 1 26 imminent danger to the child's life or health. 1 27 (2) "Rejected report" means a report that is determined 1 28 not to constitute an allegation of child abuse. 1 29 (3) "Serious report" means a report that may constitute an 1 30 allegation of child abuse but does not constitute an imminent 1 31 danger report or a spurious report. 1 32 (4) "Spurious report" means a report that may constitute 1 33 an allegation of child abuse but one for which the child 1 34 protection worker believes that protective concerns are not 1 35 present or that the reporter submitted the report intending to 2 1 harass or call into question the reputation or credibility of 2 2 the person alleged to have committed the child abuse. 2 3 b. Immediately upon receiving a report alleging child 2 4 abuse, the department shall classify the report as a rejected 2 5 report, a spurious report, a serious report, or an imminent 2 6 danger report. 2 7 c. An initial determination by a child protection worker 2 8 that a report is a rejected report shall require the 2 9 concurrence of the worker's supervisor in order to be 2 10 classified as a rejected report. 2 11 d. An initial determination by a child protection worker 2 12 that a report is a spurious report shall require the 2 13 concurrence of the worker's supervisor in order to be 2 14 classified as a spurious report. For a report that is 2 15 initially classified as a spurious report, the department 2 16 shall complete an assessment in accordance with section 2 17 232.71B. 2 18 e. For a report that is classified as a serious report, 2 19 the department shall complete an assessment in accordance with 2 20 section 232.71B. Priority in completing such assessments 2 21 shall be given to cases in which any of the following 2 22 circumstances or conditions are alleged to exist: 2 23 (1) The person responsible for the care of the child or an 2 24 adult person living in the child's home or in the location in 2 25 which the child is cared for is unrelated to the child by 2 26 blood or marriage and such person has a record of any of the 2 27 following: 2 28 (a) A criminal offense involving possession, manufacture, 2 29 or distribution of a controlled substance. 2 30 (b) A criminal offense or other documented act involving 2 31 an act of abuse or violence against a person documented in a 2 32 previous child abuse assessment or other official record. 2 33 (c) A criminal offense involving an act causing a risk to 2 34 the life or health of another person. 2 35 (2) The person responsible for the child or an adult 3 1 person living in the child's home or in the location in which 3 2 the child is cared for has a chemical dependency as defined in 3 3 section 125.2. 3 4 (3) The reporter who submitted the serious report also 3 5 submitted a written statement swearing under penalty of 3 6 perjury that the facts stated to be true are true to the best 3 7 of the reporter's knowledge in accordance with subsection 1A. 3 8 f. Unless a report of child abuse is classified as a 3 9 rejected report or a spurious report, the department shall 3 10 make an initial determination as to whether the report should 3 11 be classified as an imminent danger report. If the initial 3 12 determination suggests that the report should be classified as 3 13 an imminent danger report, the department shall expedite the 3 14 assessment of the report under section 232.71B, and shall 3 15 immediately involve law enforcement in accordance with section 3 16 232.71B, subsection 3, and inform the county attorney and the 3 17 juvenile court. If the information provided by the reporter 3 18 of child abuse is considered by the department to be credible, 3 19 a report containing an allegation of child abuse involving any 3 20 of the following shall be classified as an imminent danger 3 21 report: 3 22 (1) Child abuse causing a nonaccidental physical injury as 3 23 described in section 232.68, subsection 2, paragraph "a", that 3 24 is a serious injury. Unless other information regarding the 3 25 extent of the injury is provided, an allegation regarding the 3 26 application of reasonable discipline to the buttocks of the 3 27 child, considering the age of the child, shall not by itself 3 28 be considered to have caused a serious injury. 3 29 (2) Child abuse involving the commission of a sexual 3 30 offense as described in section 232.68, subsection 2, 3 31 paragraph "c". 3 32 (3) Child abuse involving prostitution as described in 3 33 section 232.68, subsection 2, paragraph "e". 3 34 Sec. 3. Section 232.71B, subsection 11, Code 2001, is 3 35 amended by adding the following new paragraphs: 4 1 NEW PARAGRAPH. h. A copy of the assessment report shall 4 2 be provided to the community review committee for the county 4 3 in which the report was made. 4 4 NEW PARAGRAPH. i. If after completing the assessment 4 5 process the child protection worker determines, with the 4 6 concurrence of the worker's supervisor and the department's 4 7 area administrator, that a report is a spurious report or that 4 8 protective concerns are not present, the portions of the 4 9 assessment report described under paragraphs "d" and "e" shall 4 10 not be required. 4 11 Sec. 4. Section 232.71B, Code 2001, is amended by adding 4 12 the following new subsection: 4 13 NEW SUBSECTION. 15. COMMUNITY REVIEW COMMITTEE. 4 14 a. The county board of health in each county shall 4 15 establish a volunteer community review committee in accordance 4 16 with this subsection. Unless provided otherwise in this 4 17 subsection, the membership of the committee shall be appointed 4 18 by the county board of health. Membership terms shall be for 4 19 two-year staggered terms and a member shall not serve for more 4 20 than one consecutive term. The membership of a community 4 21 review committee shall include but is not limited to the 4 22 following persons serving in a volunteer capacity: 4 23 (1) A public health nurse or other representative of the 4 24 county board of health. 4 25 (2) A member of the clergy. 4 26 (3) A parent with children residing in the parent's home. 4 27 (4) An individual appointed by the community empowerment 4 28 area board established pursuant to section 28.6 for the area 4 29 in which the county is located. 4 30 b. The committee shall review the department's 4 31 classification, assessment, and disposition of child abuse 4 32 reports in that county. In any hearing held under this 4 33 division involving a child abuse report in which the court 4 34 gives consideration to removal of a child from the child's 4 35 home, except for an initial emergency hearing for temporary 5 1 custody of a child held under section 232.78, the committee 5 2 shall make a recommendation regarding removal or nonremoval of 5 3 the child which shall be considered by the court. The 5 4 recommendation may be made in writing. 5 5 c. A committee shall have full access to any record, 5 6 report, or other confidential child abuse information obtained 5 7 by the department in performing an assessment or other 5 8 response to a report of child abuse. A committee member is 5 9 subject to the confidentiality restrictions in law or 5 10 administrative rule applicable to the child abuse information 5 11 provided to the committee member including but not limited to 5 12 restrictions on redissemination of the information. 5 13 Notwithstanding chapter 21, the portion of a committee meeting 5 14 in which a specific child abuse case is reviewed or discussed 5 15 shall be closed. 5 16 Sec. 5. Section 235A.15, subsection 2, paragraph b, Code 5 17 2001, is amended by adding the following new subparagraph: 5 18 NEW SUBPARAGRAPH. (10) To a community review committee 5 19 established in accordance with section 232.71B, subsection 15, 5 20 reviewing the reports for the county in which the report was 5 21 made. 5 22 EXPLANATION 5 23 This bill relates to child abuse reporting, classification, 5 24 determination, and review procedures under the juvenile 5 25 justice code. 5 26 Code section 137.5, relating to local boards of health, is 5 27 amended to require a county board of health to establish a 5 28 community review committee as provided in the bill. 5 29 The bill includes several amendments to Code section 5 30 232.70, relating to child abuse reporting. New subsection 1A 5 31 requires a reporter of child abuse to be offered an 5 32 opportunity to provide a written statement swearing under 5 33 penalty of perjury that the facts stated are true. If the 5 34 reporter declines to provide the statement, the reporter's 5 35 response and reasons stated are to be noted. 6 1 New subsection 4A provides that upon receipt, a report is 6 2 to be initially classified as one of the four following report 6 3 types as defined in the bill: imminent danger, serious, 6 4 spurious, or rejected. A child protection worker's 6 5 classification of a report as a rejected report requires the 6 6 concurrence of the worker's supervisor. A child abuse 6 7 assessment must be performed on reports that are classified as 6 8 spurious, serious, or imminent danger reports. The bill 6 9 establishes directives to the department of human services for 6 10 applying exceptions and priorities under those 6 11 classifications. 6 12 A community review committee created under Code section 6 13 232.71B is required to receive a copy of child abuse 6 14 assessment reports. 6 15 Code section 232.71B is also amended in new subsection 15 6 16 to require establishment of a community review committee in 6 17 each county by the county board of health. The review 6 18 committee membership is to include a public health nurse, a 6 19 member of the clergy, a parent with children in the home, and 6 20 an individual appointed by the community empowerment area 6 21 board. The committee is to review the department of human 6 22 services' classification, assessment, and disposition of child 6 23 abuse reports made in that county. The committee is required 6 24 to make a recommendation to be considered by the court in any 6 25 child in need of assistance hearing involving removal of a 6 26 child except for an emergency removal hearing under Code 6 27 section 232.78. 6 28 Code section 235A.15 is amended to provide a committee with 6 29 access to confidential child abuse information for the reports 6 30 made in the county or multicounty area served by the 6 31 committee. Notwithstanding Code chapter 21, the open meetings 6 32 law, the portion of a committee meeting in which a specific 6 33 case of child abuse is discussed is required to be closed. 6 34 In addition, Code section 232.71B requirements for 6 35 completion of a child abuse assessment report are modified. 7 1 If, after a child protection worker completes the assessment 7 2 process, the worker determines that the child abuse report was 7 3 spurious or that there are not protective concerns present, 7 4 the assessment report need not include identification of the 7 5 strengths and needs of the child and the child's family or the 7 6 services available to address the strengths and needs. 7 7 Concurrence with the worker's determination by the worker's 7 8 supervisor and the department's area administrator is 7 9 required. 7 10 LSB 1217XS 79 7 11 jp/gg/8.2
Text: SF00186 Text: SF00188 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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