Text: HF02326 Text: HF02328 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2327 1 2 1 3 AN ACT 1 4 RELATING TO CHILD ABUSE ASSESSMENT REQUIREMENTS INVOLVING 1 5 NOTIFICATION OF PARENTS, INTERVIEWS OF PERSONS ALLEGED TO 1 6 HAVE COMMITTED CHILD ABUSE, AND TRAINING OF CHILD PROTECTION 1 7 WORKERS. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 232.71B, subsection 2, Code Supplement 1 12 2003, is amended to read as follows: 1 13 2. NOTIFICATION OF PARENTS. The department, within five 1 14 working days of commencing the assessment, shall provide 1 15 written notification of the assessment to the child's parents. 1 16 If a parent is alleged to have committed the child abuse, the 1 17 notice shall inform the parents regarding the complaint or 1 18 allegation made regarding the parent. The parents shall be 1 19 informed in a manner that protects the confidentiality rights 1 20 of an individual who reported the child abuse or provided 1 21 information as part of the assessment process. However, if 1 22 the department shows the court to the court's satisfaction 1 23 that notification is likely to endanger the child or other 1 24 persons, the court shall orally direct the department to 1 25 withhold notification. Within one working day of issuing an 1 26 oral directive, the court shall issue a written order 1 27 restraining the notification. The department shall not reveal 1 28 in the written notification to the parents or otherwise the 1 29 identity of the reporter of child abuse to a subject of a 1 30 child abuse report listed in section 235A.15, subsection 2, 1 31 paragraph "a". 1 32 Sec. 2. Section 232.71B, subsection 4, paragraph e, Code 1 33 Supplement 2003, is amended to read as follows: 1 34 e. An interview of the person alleged to have committed 1 35 the child abuse, if the person's identity and location are 2 1 known. The offer of an interview shall be made to the person 2 2 prior to any consideration or determination being made that 2 3 the person committed the alleged abuse. The person shall be 2 4 informed of the complaint or allegation made regarding the 2 5 person. The person shall be informed in a manner that 2 6 protects the confidentiality rights of the individual who 2 7 reported the child abuse or provided information as part of 2 8 the assessment process. The purpose of the interview shall be 2 9 to provide the person with the opportunity to explain or rebut 2 10 the allegations of the child abuse report or other allegations 2 11 made during the assessment. The court may waive the 2 12 requirement to offer the interview only for good cause. The 2 13 person offered an interview, or the person's attorney on the 2 14 person's behalf, may decline the offer of an interview of the 2 15 person. 2 16 Sec. 3. Section 232.76, Code 2003, is amended to read as 2 17 follows: 2 18 232.76 PUBLICITY,ANDEDUCATIONAL, AND TRAINING PROGRAMS. 2 19 1. The department, within the limits of available funds, 2 20 shall conduct a continuing publicity and educational program 2 21 for the personnel of the department, persons required to 2 22 report, and any other appropriate persons to encourage the 2 23 fullest possible degree of reporting of suspected cases of 2 24 child abuse. Educational programs shall include but not be 2 25 limited to the diagnosis and cause of child abuse, the 2 26 responsibilities, obligations, duties and powers of persons 2 27 and agencies under this chapter and the procedures of the 2 28 department and the juvenile court with respect to suspected 2 29 cases of child abuse and disposition of actual cases. 2 30 2. a. For the purposes of this subsection, in addition to 2 31 the definition in section 232.68, a "child protection worker" 2 32 also includes any employee of the department who provides 2 33 services to or otherwise works directly with children and 2 34 families for whom child abuse has been alleged. 2 35 b. The training of a child protection worker shall include 3 1 but is not limited to the worker's legal duties to protect the 3 2 constitutional and statutory rights of a child and the child's 3 3 family members throughout the child or family members' period 3 4 of involvement with the department beginning with the child 3 5 abuse report and ending with the department's closure of the 3 6 case. The curriculum used for the training shall specifically 3 7 include instruction on the fourth amendment to the 3 8 Constitution of the United States and parents' legal rights. 3 9 3 10 3 11 3 12 CHRISTOPHER C. RANTS 3 13 Speaker of the House 3 14 3 15 3 16 3 17 JEFFREY M. LAMBERTI 3 18 President of the Senate 3 19 3 20 I hereby certify that this bill originated in the House and 3 21 is known as House File 2327, Eightieth General Assembly. 3 22 3 23 3 24 3 25 MARGARET THOMSON 3 26 Chief Clerk of the House 3 27 Approved , 2004 3 28 3 29 3 30 3 31 THOMAS J. VILSACK 3 32 Governor
Text: HF02326 Text: HF02328 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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