Text: HSB00604 Text: HSB00606 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.71B, subsection 2, Code Supplement 1 2 2003, is amended to read as follows: 1 3 2. NOTIFICATION OF PARENTS. The department, within five 1 4 working days of commencing the assessment, shall provide 1 5 written notification of the assessment to the child's parents. 1 6 If a parent is alleged to have committed the child abuse, the 1 7 notice shall inform the parents regarding the specific 1 8 complaint or allegation made regarding the parent. However, 1 9 if the department shows the court to the court's satisfaction 1 10 that notification is likely to endanger the child or other 1 11 persons, the court shall orally direct the department to 1 12 withhold notification. Within one working day of issuing an 1 13 oral directive, the court shall issue a written order 1 14 restraining the notification. The department shall not reveal 1 15 in the written notification to the parents or otherwise the 1 16 identity of the reporter of child abuse to a subject of a 1 17 child abuse report listed in section 235A.15, subsection 2, 1 18 paragraph "a". 1 19 Sec. 2. Section 232.71B, subsection 4, paragraph e, Code 1 20 Supplement 2003, is amended to read as follows: 1 21 e. An interview of the person alleged to have committed 1 22 the child abuse, if the person's identity and location are 1 23 known. The offer of an interview shall be made to the person 1 24 prior to any consideration or determination being made that 1 25 the person committed the alleged abuse. The person shall be 1 26 informed of the specific complaint or allegation made 1 27 regarding the person. The purpose of the interview shall be 1 28 to provide the person with the opportunity to explain or rebut 1 29 the allegations of the child abuse report or other allegations 1 30 made during the assessment. The court may waive the 1 31 requirement to offer the interview only for good cause. The 1 32 person offered an interview, or the person's attorney on the 1 33 person's behalf, may decline the offer of an interview of the 1 34 person. 1 35 Sec. 3. Section 232.76, Code 2003, is amended to read as 2 1 follows: 2 2 232.76 PUBLICITY,ANDEDUCATIONAL, AND TRAINING PROGRAMS. 2 3 1. The department, within the limits of available funds, 2 4 shall conduct a continuing publicity and educational program 2 5 for the personnel of the department, persons required to 2 6 report, and any other appropriate persons to encourage the 2 7 fullest possible degree of reporting of suspected cases of 2 8 child abuse. Educational programs shall include but not be 2 9 limited to the diagnosis and cause of child abuse, the 2 10 responsibilities, obligations, duties and powers of persons 2 11 and agencies under this chapter and the procedures of the 2 12 department and the juvenile court with respect to suspected 2 13 cases of child abuse and disposition of actual cases. 2 14 2. a. For the purposes of this subsection, in addition to 2 15 the definition in section 232.68, a "child protection worker" 2 16 also includes any employee of the department who provides 2 17 services to or otherwise works directly with children and 2 18 families for whom child abuse has been alleged. 2 19 b. The training of a child protection worker shall include 2 20 but is not limited to the worker's legal duties to protect the 2 21 constitutional and statutory rights of a child and the child's 2 22 family members throughout the child or family members' period 2 23 of involvement with the department beginning with the child 2 24 abuse report and ending with the department's closure of the 2 25 case. The curriculum used for the training shall specifically 2 26 include instruction on the fourth amendment to the 2 27 Constitution of the United States and parents' legal rights. 2 28 EXPLANATION 2 29 This bill relates to child abuse assessment requirements 2 30 involving interviews of persons alleged to have committed 2 31 child abuse and training of child protection workers. 2 32 Code section 232.71B, relating to the duties of the 2 33 department of human services upon receipt of a child abuse 2 34 report, is amended. Current law requires the department to 2 35 provide written notice to the parents of a child concerning a 3 1 child abuse assessment, unless the court allows the department 3 2 to withhold notification. If a parent is alleged to have 3 3 committed the abuse, the bill requires the department to 3 4 inform the parents regarding the specific complaint or 3 5 allegation made regarding the parent. The bill applies a 3 6 similar requirement when the department is conducting an 3 7 interview of the person alleged to have committed the reported 3 8 child abuse. The bill requires the person to be informed of 3 9 the specific complaint or allegation made regarding the 3 10 person. 3 11 Code section 232.76, relating to training and educational 3 12 programs regarding child abuse, is amended. The bill provides 3 13 new training requirements for child protection workers. As 3 14 defined in current law, "child protection worker" means an 3 15 individual designated by the department to perform an 3 16 assessment in response to a report of child abuse. For 3 17 purposes of the bill, the term is expanded to include any 3 18 departmental employee who provides services to or otherwise 3 19 works directly with children or families for whom child abuse 3 20 has been alleged. The training is required to address the 3 21 legal rights of children and family members throughout the 3 22 period of involvement with the department beginning with the 3 23 child abuse report and ending with the department's closure of 3 24 the case. The training is also to include instruction in the 3 25 fourth amendment to the United States Constitution (protection 3 26 against unreasonable search and seizure) and parents' legal 3 27 rights. 3 28 LSB 5439YC 80 3 29 jp/gg/14.1
Text: HSB00604 Text: HSB00606 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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