Text: HF00609 Text: HF00611 Text: HF00600 - HF00699 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, subsection 3, Code 2003, is 1 8 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. If the person making the 1 11 report has reason to believe that immediate protection for the 1 12 child is advisable or it appears that there is an immediate 1 13 threat or high risk to the child's safety, that person shall 1 14 also immediately make an oral report toan appropriatethe 1 15 local law enforcement agency. 1 16 Sec. 3. Section 232.70, Code 2003, is amended by adding 1 17 the following new subsection: 1 18 NEW SUBSECTION. 10. Upon receiving a child abuse report, 1 19 a local law enforcement agency shall make a determination 1 20 whether or not immediate action may be necessary for 1 21 protection of the child. If it is determined that immediate 1 22 action may be necessary, the agency shall immediately attempt 1 23 to interview or observe the child. If it is determined that 1 24 immediate action is not necessary but the child may be in need 1 25 of protection, the agency shall attempt to interview or 1 26 observe the child at the earliest practical time or shall 1 27 refer the report to the department along with information as 1 28 to any response made by the agency. The primary purpose of 1 29 the law enforcement agency in responding to a report shall be 1 30 to protect the child named in the report. The secondary 1 31 purpose of the law enforcement agency in responding to a 1 32 report is to perform any criminal investigation that is 1 33 warranted. 1 34 EXPLANATION 1 35 This bill relates to child abuse reporting requirements for 2 1 a report to be made to a local law enforcement agency. 2 2 Current law allows a mandatory reporter to report child 2 3 abuse to the department of human services orally, in writing, 2 4 or both. Current law directs a mandatory reporter to also 2 5 make an oral report to law enforcement when the reporter has 2 6 reason to believe that immediate protection for the child is 2 7 advisable. The bill adds new requirements for making an 2 8 immediate report to law enforcement when it appears there is 2 9 immediate threat or high risk to the child's safety. "Local 2 10 law enforcement agency" is defined by the bill as the law 2 11 enforcement agency of the local governmental subdivision where 2 12 the child suspected of having suffered abuse is believed to be 2 13 present. 2 14 Upon receiving a child abuse report, the bill directs a 2 15 local law enforcement agency to determine whether or not 2 16 immediate action may be needed to protect the child. If it is 2 17 determined that immediate action may be necessary, the agency 2 18 is required to immediately attempt to interview or observe the 2 19 child. If it is determined that immediate action is not 2 20 necessary but the child may be in need of protection, the 2 21 agency is required to attempt to interview or observe the 2 22 child at the earliest practical time or to refer the report to 2 23 the department along with information as to any response made 2 24 by the agency. The primary purpose of the law enforcement 2 25 agency in responding to a report is to protect the child named 2 26 in the report. The secondary purpose of the law enforcement 2 27 agency in responding to a report is to perform any criminal 2 28 investigation that is warranted. 2 29 LSB 2316HV 80 2 30 jp/pj/5
Text: HF00609 Text: HF00611 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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