Text: HF00319                           Text: HF00321
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 320

Partial Bill History

Bill Text

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 the department of human services local law enforcement
  1 11 agency.  If the person making the report has reason to believe
  1 12 that immediate protection for the child is advisable, that
  1 13 person shall also make an oral report to an appropriate law
  1 14 enforcement agency.
  1 15    4.  The written report shall be made to the department of
  1 16 human services within forty-eight hours after such the 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, make a an
  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 the department of human services, such local
  2 12 law enforcement agency, the agency shall promptly refer the
  2 13 report to the department of human services local 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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