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Senate File 59

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 232.71B, subsection 3, Code 2003, is
  1  2 amended to read as follows:
  1  3    3.  INVOLVEMENT OF LAW ENFORCEMENT.  The department shall
  1  4 apply a protocol protocols, developed with representatives of
  1  5 law enforcement agencies at the local level the local child
  1  6 protection assistance team established pursuant to section
  1  7 915.35, to prioritize the actions taken in response to child
  1  8 abuse reports and to work jointly with child protection
  1  9 assistance teams and law enforcement agencies in performing
  1 10 assessment and investigative processes for child abuse reports
  1 11 in which a criminal act harming a child is alleged.  The
  1 12 county attorney and appropriate law enforcement agencies shall
  1 13 also take any other lawful action which may be necessary or
  1 14 advisable for the protection of the child.  If a report is
  1 15 determined not to constitute a child abuse allegation, but a
  1 16 criminal act harming a child is alleged, the department shall
  1 17 immediately refer the matter to the appropriate law
  1 18 enforcement agency.
  1 19    Sec. 2.  Section 235A.15, subsection 2, paragraph b, Code
  1 20 2003, is amended by adding the following new subparagraph:
  1 21    NEW SUBPARAGRAPH.  (10)  To the child protection assistance
  1 22 team established in accordance with section 915.35 for the
  1 23 county in which the report was made.
  1 24    Sec. 3.  Section 331.756, Code 2003, is amended by adding
  1 25 the following new subsection:
  1 26    NEW SUBSECTION.  83B.  Establish a child protection
  1 27 assistance team in accordance with section 915.35.
  1 28    Sec. 4.  Section 915.35, subsection 4, Code 2002, is
  1 29 amended to read as follows:
  1 30    4.  a.  To the greatest extent possible, a
  1 31 multidisciplinary A child protection assistance team involving
  1 32 the county attorney, law enforcement personnel, community-
  1 33 based child advocacy organizations, and personnel of the
  1 34 department of human services shall be utilized in
  1 35 investigating and prosecuting cases involving a violation of
  2  1 chapter 709 or 726 or other crime committed upon a victim as
  2  2 defined in subsection 1.  A child protection assistance team
  2  3 shall be established for each county by the county attorney.
  2  4 However, by mutual agreement, two or more county attorneys may
  2  5 establish a single child protection assistance team to cover a
  2  6 multicounty area.
  2  7    b.  The purpose of a child protection assistance team is to
  2  8 address the following goals in regard to cases of child sexual
  2  9 abuse and physical abuse:
  2 10    (1)  Developing and maintaining interagency and
  2 11 interprofessional cooperation and coordination in case
  2 12 management and response.
  2 13    (2)  Implementing an interagency team and case management
  2 14 approach that focuses upon the following, in priority order
  2 15 beginning with the highest priority:  needs of the child
  2 16 victim, prosecution and civil proceedings relating to the
  2 17 case, and involvement of members of the child's family who are
  2 18 supportive of the child and whose interests are consistent
  2 19 with the best interests of the child.
  2 20    (3)  Obtaining evidence that is useful for a criminal
  2 21 prosecution and for protective action in civil proceedings.
  2 22    (4)  Providing for extensive, initial case screening and
  2 23 validation procedures to ensure timely prosecution of
  2 24 perpetrators of such abuse and to safeguard against false
  2 25 allegations of abuse so that an innocent person may be timely
  2 26 exonerated.
  2 27    (5)  Reducing to as few as possible the interviews of the
  2 28 child victims of such abuse.
  2 29    c.  A multidisciplinary child protection assistance team
  2 30 may also consult with or include juvenile court officers,
  2 31 medical and mental health professionals, physicians or other
  2 32 hospital-based health professionals, court-appointed special
  2 33 advocates, guardians ad litem, and members of a
  2 34 multidisciplinary team created by the department of human
  2 35 services for child abuse investigations.  A child protection
  3  1 assistance team may work cooperatively with the local
  3  2 community empowerment area board established under section
  3  3 28.6.  The child protection assistance team shall work with
  3  4 the department of human services in accordance with section
  3  5 232.71B, subsection 3, in developing the protocols for
  3  6 prioritizing the actions taken in response to child abuse
  3  7 reports and for law enforcement agencies working jointly with
  3  8 the department at the local level in processes for child abuse
  3  9 reports.  The department of justice may provide training and
  3 10 other assistance to support the activities of a
  3 11 multidisciplinary child protection assistance team referred to
  3 12 in this subsection.
  3 13    Sec. 5.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  3 14 3, shall not apply to this Act.  
  3 15                           EXPLANATION
  3 16    This bill requires establishment of county child protection
  3 17 assistance teams.
  3 18    Code section 232.71B, relating to child abuse assessments,
  3 19 is amended to require the department of human services to
  3 20 develop protocols with county child protection assistance
  3 21 teams for prioritizing the actions taken in response to child
  3 22 abuse reports and for working jointly with such teams and law
  3 23 enforcement agencies.
  3 24    Code section 235A.15 is amended to provide a child
  3 25 protection assistance team with access to confidential child
  3 26 abuse report and disposition information for the reports made
  3 27 in the county served by the team.
  3 28    The bill requires establishment of county child protection
  3 29 assistance teams by modifying existing law in Code section
  3 30 915.35.  The existing law provides for optional use of a
  3 31 multidisciplinary team for investigations and prosecutions of
  3 32 criminal cases involving child victims of a sexual crime under
  3 33 Code chapter 709, relating to sexual abuse, or Code chapter
  3 34 726, relating to protection of the family and dependent
  3 35 persons, or of a forcible felony.  The bill changes the name
  4  1 of the team to "child protection assistance team" and requires
  4  2 a team to be established for each county by the county
  4  3 attorney.  However, by mutual agreement, two or more county
  4  4 attorneys may establish a single county protection assistance
  4  5 team for a multicounty area.  The bill includes a physician or
  4  6 other hospital-based health professional in the list of the
  4  7 persons who may be consulted by a child protection assistance
  4  8 team.  In addition, a team may work cooperatively with the
  4  9 local community empowerment area board.
  4 10    Code section 331.756 is amended to include the
  4 11 establishment of a child protection assistance team in the
  4 12 duties of the county attorney.
  4 13    The bill may include a state mandate as defined in Code
  4 14 section 25B.3.  The bill makes inapplicable Code section
  4 15 25B.2, subsection 3, which would relieve a political
  4 16 subdivision from complying with a state mandate if funding for
  4 17 the cost of the state mandate is not provided or specified.
  4 18 Therefore, political subdivisions are required to comply with
  4 19 any state mandate included in the bill.  
  4 20 LSB 1531SS 80
  4 21 jp/cf/24
     

Text: SF00058                           Text: SF00060
Text: SF00000 - SF00099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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