Text: SF00186                           Text: SF00188
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Senate File 187

Partial Bill History

Bill Text

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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