Text: HSB00569                          Text: HSB00571
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 570

Bill Text

PAG LIN
  1  1    Section 1.  Section 232.13, subsection 1, paragraph b, Code
  1  2 2003, is amended to read as follows:
  1  3    b.  A court appointed special advocate and other persons
  1  4 volunteering under the auspices of the child advocacy board
  1  5 created in section 237.16 or a local citizen foster care
  1  6 review board created in accordance with section 237.19.
  1  7    Sec. 2.  Section 232.147, subsection 3, paragraph c, Code
  1  8 2003, is amended to read as follows:
  1  9    c.  The child's parent, guardian or custodian, court-
  1 10 appointed special advocate, and guardian ad litem, and court
  1 11 appointed special advocate or other person volunteering in
  1 12 connection with the child under the auspices of the child
  1 13 advocacy board created in section 237.16 or a local citizen
  1 14 foster care review board created in accordance with section
  1 15 237.19.
  1 16    Sec. 3.  Section 237.21, subsections 1 and 3, Code 2003,
  1 17 are amended to read as follows:
  1 18    1.  The information and records of or provided to a local
  1 19 board, or the state board, court appointed special advocate,
  1 20 or other person volunteering under the auspices of either
  1 21 board regarding a child receiving foster care and the child's
  1 22 family when relating to the foster care placement are not
  1 23 public records pursuant to chapter 22.  The state board and
  1 24 local boards, with respect to hearings involving specific
  1 25 children receiving foster care and the child's family, are not
  1 26 subject to chapter 21.
  1 27    3.  Members of the state board and local boards, court
  1 28 appointed special advocate, or other person volunteering under
  1 29 the auspices of either board, and the employees of the
  1 30 department and the department of inspections and appeals are
  1 31 subject to standards of confidentiality pursuant to sections
  1 32 217.30, 228.6, subsection 1, sections 235A.15, 600.16, and
  1 33 600.16A.  Members of the state and local boards and employees
  1 34 of the department and the department of inspections and
  1 35 appeals who disclose information or records of the board or
  2  1 department, other than as provided in subsection 2, are guilty
  2  2 of a simple misdemeanor.  
  2  3                           EXPLANATION
  2  4    This bill relates to confidentiality and liability
  2  5 provisions involving the child advocacy board and the programs
  2  6 and volunteers associated with the board.  The child advocacy
  2  7 board is part of the department of inspections and appeals and
  2  8 has many responsibilities for oversight and review of the
  2  9 state's foster care system, including establishing and
  2 10 overseeing local citizen foster care review boards and
  2 11 administering the court appointed special advocate program.
  2 12    Code section 232.13, providing state tort liability
  2 13 protection for court appointed special advocates and certain
  2 14 other persons, is expanded to provide the protection for other
  2 15 persons volunteering under the auspices of the child advocacy
  2 16 board or a local foster care review board.
  2 17    Code section 232.147, relating to confidentiality of
  2 18 juvenile court records, authorizes disclosure of a child's
  2 19 official records without court order to various persons
  2 20 involved with the juvenile court system, including the child's
  2 21 court appointed special advocate.  The bill expands the
  2 22 disclosure authorization to other persons volunteering in
  2 23 connection with the child under the auspices of the child
  2 24 advocacy board or a local foster care review board.
  2 25    Code section 237.21 provides that information or records
  2 26 involving a child or the child's family provided to the child
  2 27 advocacy board or a local foster care review board, as well as
  2 28 employees of the departments of human services and inspections
  2 29 and appeals, are not public records.  In addition, those
  2 30 persons are subject to various statutory confidentiality
  2 31 standards and to a simple misdemeanor penalty for unauthorized
  2 32 disclosure of confidential information.  The bill makes both
  2 33 of these provisions applicable to court appointed special
  2 34 advocates and other volunteers of the child advocacy board or
  2 35 a local foster care review board.  
  3  1 LSB 5289DP 80
  3  2 jp/sh/8
     

Text: HSB00569                          Text: HSB00571
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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