1. The department shall develop an assessment-based approach to respond to child abuse reports in accordance with the provisions of this section. The assessment-based approach shall be utilized on a pilot project basis in not more than five areas of the state, each of which is at least the size of a departmental county cluster, selected by the department. The pilot projects shall be selected in a manner so the pilot projects are in both rural and urban areas.
2. Notwithstanding the provisions of sections 232.70 and 232.71, in the pilot project areas, the department's responsibilities in responding to a child abuse report shall be in accordance with this section.
3. Upon receipt of a child abuse report in a pilot project area, the department shall notify the appropriate county attorney of the receipt of the report and shall perform an assessment. The department shall commence the assessment within twenty-four hours of the receipt of the report. The primary purpose of the assessment shall be to protect the safety of the child named in the report. The secondary purpose of the assessment shall be to engage the child's family in services to enhance family strengths and to address needs.
4. An assessment is subject to the provisions of section 232.71 as though the department is performing an investigation under that section for all of the following:
a. Notification of a child's parents in accordance with section 232.71, subsection 1.
b. Interview of a person alleged to have committed the child abuse in accordance with section 232.71, subsection 2, paragraph "e".
c. Notification of a facility providing care to a child in accordance with section 232.71, subsection 4.
d. Request for information from any person believed to have knowledge of a child abuse case and referral of a child to a physician in accordance with section 232.71, subsection 5.
e. Confidential access to a child in accordance with section 232.71, subsection 6.
f. Requests for information from the department of public safety in accordance with section 232.71, subsection 16.
g. Establishment and usage of a multidisciplinary team in accordance with section 232.71, subsection 17.
h. The department shall work with representatives of law enforcement at the local level to develop a protocol for joint investigative processes.
5. A child abuse assessment shall be completed in writing within twenty business days of the receipt of the report. The assessment shall include a description of the child's condition, identification of the injury or risk to which the child was exposed, the circumstances which led to the injury or risk to the child, and the identity of any person alleged to be responsible for the injury or risk to the child. In addition, the assessment shall identify the strengths and needs of the child, and of the child's parent, home, family, and community. Upon completion of the assessment, the department shall consult with the child's family in offering services to the child and the child's family to address strengths and needs identified in the assessment.
6. The department shall provide the juvenile court and the county attorney with a copy of the written assessment pertaining to the child abuse report. The juvenile court and the county attorney shall notify the department of any action taken concerning an assessment provided by the department.
7. Notwithstanding contrary provisions of sections 235A.13 to 235A.23, the following requirements shall apply to child abuse information in an assessment performed in accordance with this section:
a. If the department determines the child suffered significant injury or was placed in great risk of injury, the name of the child and the alleged perpetrator of the child abuse shall be placed in the central registry as a case of founded child abuse. Any of the following shall be considered to be an indicator that the child suffered significant injury or was placed in great risk of injury:
(1) The case was referred for juvenile or criminal court action as a result of the acts or omissions of the alleged perpetrator.
(2) In the opinion of a health practitioner or mental health professional, the injury to the child as a result of the acts or omission of the alleged perpetrator required or should have required medical or mental health treatment.
(3) The department determines in a subsequent assessment that the child suffered significant injury or was placed in great risk of injury due to the acts or omissions of the same alleged perpetrator.
(4) The department determines the abuse meets the definition of child abuse under section 232.68, subsection 2, paragraph "c", and the alleged perpetrator of the abuse is age fourteen or older. However, the juvenile court may order the removal from the central registry of the name of a perpetrator of abuse placed in the registry pursuant to this subparagraph who is age fourteen through seventeen upon a finding of good cause. The name of a perpetrator who is less than age fourteen shall not be placed in the central registry pursuant to this subparagraph.
(5) The department determines the alleged perpetrator of the abuse will continue to pose a danger to the child who is the subject of the report of abuse or to another child with whom the alleged perpetrator may come into contact.
b. In any other case, the child abuse information in an assessment shall not be placed in the central registry and notwithstanding chapter 22, the confidentiality of the information shall be maintained.
c. If information is placed in the central registry as a case of founded child abuse, all of the provisions of sections 235A.13 to 235A.23 which apply to a case of founded child abuse shall apply to a case of founded child abuse under this section.
8. The department shall implement the pilot projects by January 15, 1996. The department shall report to the governor and the general assembly concerning the pilot projects on or before December 16, 1996. The report shall include the following information:
a. A description of successes and problems encountered in implementing the pilot projects.
b. An analysis of the effect of the pilot projects on utilizing the child abuse registry for the tracking of a pattern of child abuse incidents.
c. The outcome changes for children in the pilot project areas where the assessment approach is utilized in response to an allegation of child abuse versus the investigation approach utilized in other areas of the state.
d. A copy of any report provided by a county attorney in a pilot project area, a copy of any report provided by the county attorneys association, and a copy of any report provided by the juvenile court in a pilot project area.
It is the intent of the general assembly to consider implementing statewide an assessment-based approach to respond to child abuse reports commencing February 10, 1997.
95 Acts, ch 147, §5; 96 Acts, ch 1175, § 1--;3
Referred to §232.68
Implementation; special protocol under certain circumstances; 95 Acts, ch 147, § 9
Iowa General Assembly
Search: Iowa Code 1997
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