Text: HF00319 Text: HF00321 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.68, Code 2003, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 5A. "Local law enforcement agency" means 1 4 the law enforcement agency of the local governmental 1 5 subdivision where a child suspected of having suffered abuse 1 6 is believed to be present. 1 7 Sec. 2. Section 232.70, subsections 3, 4, and 5, Code 1 8 2003, are amended to read as follows: 1 9 3. The oral report shall be made by telephone or otherwise 1 10 to thedepartment of human serviceslocal law enforcement 1 11 agency.If the person making the report has reason to believe1 12that immediate protection for the child is advisable, that1 13person shall also make an oral report to an appropriate law1 14enforcement agency.1 15 4. The written report shall be made to the department of 1 16 human services within forty-eight hours aftersuchthe oral 1 17 report. 1 18 5. Upon receipt of an oral or a written report, the local 1 19 law enforcement agency or the department, as applicable, shall 1 20 do all of the following: 1 21 a. Immediately, upon receipt of an oral report, makeaan 1 22 initial determination as to whether the report constitutes an 1 23 allegation of child abuse as defined in section 232.68. 1 24 b. Notify the appropriate county attorney of the receipt 1 25 of the report. 1 26 c. If the local law enforcement agency initially receives 1 27 the report, immediately notify the department of the receipt 1 28 of the report, the initial determination made by the agency as 1 29 to whether the report constitutes an allegation of child 1 30 abuse, and any action taken by the agency in investigating the 1 31 report. 1 32 d. If the department initially receives the report, 1 33 immediately notify the local law enforcement agency of the 1 34 receipt of the report, any initial determination made by the 1 35 department as to whether the report constitutes an allegation 2 1 of child abuse, and any action taken by the department in 2 2 assessing the report. 2 3 Sec. 3. Section 232.70, subsections 7, 8, and 9, Code 2 4 2003, are amended to read as follows: 2 5 7. A report made by a permissive reporter, as defined in 2 6 section 232.69, subsection 2, shall be regarded as a report 2 7 pursuant to this chapter whether or not the report contains 2 8 all of the information required by this section and may be 2 9 made to the department of human services, county attorney, or 2 10 law enforcement agency. If the initial report is made to any 2 11 agency other than thedepartment of human services, suchlocal 2 12 law enforcement agency, the agency shall promptly refer the 2 13 report to thedepartment of human serviceslocal law 2 14 enforcement agency. 2 15 8. If a report initially received by the department would 2 16 be determined to constitute an allegation of child abuse as 2 17 defined under section 232.68, subsection 2, paragraph "c" or 2 18 "e", except that the suspected abuse resulted from the acts or 2 19 omissions of a person other than a person responsible for the 2 20 care of the child, the department shall refer the report to 2 21 the appropriate law enforcement agency having jurisdiction to 2 22 investigate the allegation. The department shall refer the 2 23 report orally as soon as practicable and in writing within 2 24 seventy-two hours of receiving the report. 2 25 9. Within twenty-four hours of receiving a report from a 2 26 mandatory or permissive reporter, or of receiving notification 2 27 of the report from the local law enforcement agency, the 2 28 department shall inform the reporter, orally or by other 2 29 appropriate means, whether or not the department has commenced 2 30 an assessment of the allegation in the report. Within the 2 31 same time frame, the local law enforcement agency which 2 32 received the report shall inform the reporter whether or not 2 33 the agency has commenced a criminal investigation. 2 34 Sec. 4. Section 232.70, Code 2003, is amended by adding 2 35 the following new subsection: 3 1 NEW SUBSECTION. 10. Upon receiving a child abuse report, 3 2 a local law enforcement agency shall make a determination 3 3 whether or not immediate action may be necessary for 3 4 protection of the child. If it is determined that immediate 3 5 action may be necessary, the agency shall immediately attempt 3 6 to interview or observe the child. If it is determined that 3 7 immediate action is not necessary but the child may be in need 3 8 of protection, the agency shall attempt to interview or 3 9 observe the child at the earliest practical time or shall 3 10 refer the report to the department along with information as 3 11 to any response made by the agency. The primary purpose of 3 12 the law enforcement agency in responding to a report shall be 3 13 to protect the child named in the report. The secondary 3 14 purpose of the law enforcement agency in responding to a 3 15 report is to perform any criminal investigation that is 3 16 warranted. 3 17 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3 18 3, shall not apply to this Act. 3 19 EXPLANATION 3 20 This bill relates to child abuse reporting by providing for 3 21 a report to be made to a local law enforcement agency for an 3 22 initial response. 3 23 Current law provides for an oral report to be made to the 3 24 department of human services followed by a written report. 3 25 The bill provides for the oral report to be made to the local 3 26 law enforcement agency instead of the department. "Local law 3 27 enforcement agency" is defined as the law enforcement agency 3 28 of the local governmental subdivision where the child 3 29 suspected of having suffered abuse is believed to be present. 3 30 The bill provides contingencies for the department to refer 3 31 a report to the local law enforcement agency if the department 3 32 initially receives a report instead of the agency. Current 3 33 law requires the department to notify mandatory reporters of 3 34 child abuse within 24 hours of receiving a report as to 3 35 whether the department commenced an assessment. The bill 4 1 requires a local law enforcement agency to notify mandatory 4 2 reporters as whether or not the agency commenced a criminal 4 3 investigation. 4 4 Upon receiving a child abuse report, the bill directs a 4 5 local law enforcement agency to determine whether or not 4 6 immediate action may be needed to protect the child. If it is 4 7 determined that immediate action may be necessary, the agency 4 8 is required to immediately attempt to interview or observe the 4 9 child. If it is determined that immediate action is not 4 10 necessary but the child may be in need of protection, the 4 11 agency is required to attempt to interview or observe the 4 12 child at the earliest practical time or to refer the report to 4 13 the department along with information as to any response made 4 14 by the agency. The primary purpose of the law enforcement 4 15 agency in responding to a report is to protect the child named 4 16 in the report. The secondary purpose of the law enforcement 4 17 agency in responding to a report is to perform any criminal 4 18 investigation that is warranted. 4 19 The bill may include a state mandate as defined in Code 4 20 section 25B.3. The bill makes inapplicable Code section 4 21 25B.2, subsection 3, which would relieve a political 4 22 subdivision from complying with a state mandate if funding for 4 23 the cost of the state mandate is not provided or specified. 4 24 Therefore, political subdivisions are required to comply with 4 25 any state mandate included in the bill. 4 26 LSB 2316HH 80 4 27 jp/pj/5.1
Text: HF00319 Text: HF00321 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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