House File 320 HOUSE FILE BY HUTTER and J. R. VAN FOSSEN Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to child abuse reporting by providing for a 2 report to be made to a local law enforcement agency for an 3 initial response. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2316HH 80 6 jp/pj/5 PAG LIN 1 1 Section 1. Section 232.68, Code 2003, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 5A. "Local law enforcement agency" means 1 4 the law enforcement agency of the local governmental 1 5 subdivision where a child suspected of having suffered abuse 1 6 is believed to be present. 1 7 Sec. 2. Section 232.70, subsections 3, 4, and 5, Code 1 8 2003, are amended to read as follows: 1 9 3. The oral report shall be made by telephone or otherwise 1 10 to thedepartment of human serviceslocal law enforcement 1 11 agency.If the person making the report has reason to believe 1 12 that immediate protection for the child is advisable, that 1 13 person shall also make an oral report to an appropriate law 1 14 enforcement agency.1 15 4. The written report shall be made to the department of 1 16 human services within forty=eight hours aftersuchthe oral 1 17 report. 1 18 5. Upon receipt of an oral or a written report, the local 1 19 law enforcement agency or the department, as applicable, shall 1 20 do all of the following: 1 21 a. Immediately, upon receipt of an oral report, makeaan 1 22 initial determination as to whether the report constitutes an 1 23 allegation of child abuse as defined in section 232.68. 1 24 b. Notify the appropriate county attorney of the receipt 1 25 of the report. 1 26 c. If the local law enforcement agency initially receives 1 27 the report, immediately notify the department of the receipt 1 28 of the report, the initial determination made by the agency as 1 29 to whether the report constitutes an allegation of child 1 30 abuse, and any action taken by the agency in investigating the 1 31 report. 1 32 d. If the department initially receives the report, 1 33 immediately notify the local law enforcement agency of the 1 34 receipt of the report, any initial determination made by the 1 35 department as to whether the report constitutes an allegation 2 1 of child abuse, and any action taken by the department in 2 2 assessing the report. 2 3 Sec. 3. Section 232.70, subsections 7, 8, and 9, Code 2 4 2003, are amended to read as follows: 2 5 7. A report made by a permissive reporter, as defined in 2 6 section 232.69, subsection 2, shall be regarded as a report 2 7 pursuant to this chapter whether or not the report contains 2 8 all of the information required by this section and may be 2 9 made to the department of human services, county attorney, or 2 10 law enforcement agency. If the initial report is made to any 2 11 agency other than thedepartment of human services, suchlocal 2 12 law enforcement agency, the agency shall promptly refer the 2 13 report to thedepartment of human serviceslocal law 2 14 enforcement agency. 2 15 8. If a report initially received by the department would 2 16 be determined to constitute an allegation of child abuse as 2 17 defined under section 232.68, subsection 2, paragraph "c" or 2 18 "e", except that the suspected abuse resulted from the acts or 2 19 omissions of a person other than a person responsible for the 2 20 care of the child, the department shall refer the report to 2 21 the appropriate law enforcement agency having jurisdiction to 2 22 investigate the allegation. The department shall refer the 2 23 report orally as soon as practicable and in writing within 2 24 seventy=two hours of receiving the report. 2 25 9. Within twenty=four hours of receiving a report from a 2 26 mandatory or permissive reporter, or of receiving notification 2 27 of the report from the local law enforcement agency, the 2 28 department shall inform the reporter, orally or by other 2 29 appropriate means, whether or not the department has commenced 2 30 an assessment of the allegation in the report. Within the 2 31 same time frame, the local law enforcement agency which 2 32 received the report shall inform the reporter whether or not 2 33 the agency has commenced a criminal investigation. 2 34 Sec. 4. Section 232.70, Code 2003, is amended by adding 2 35 the following new subsection: 3 1 NEW SUBSECTION. 10. Upon receiving a child abuse report, 3 2 a local law enforcement agency shall make a determination 3 3 whether or not immediate action may be necessary for 3 4 protection of the child. If it is determined that immediate 3 5 action may be necessary, the agency shall immediately attempt 3 6 to interview or observe the child. If it is determined that 3 7 immediate action is not necessary but the child may be in need 3 8 of protection, the agency shall attempt to interview or 3 9 observe the child at the earliest practical time or shall 3 10 refer the report to the department along with information as 3 11 to any response made by the agency. The primary purpose of 3 12 the law enforcement agency in responding to a report shall be 3 13 to protect the child named in the report. The secondary 3 14 purpose of the law enforcement agency in responding to a 3 15 report is to perform any criminal investigation that is 3 16 warranted. 3 17 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3 18 3, shall not apply to this Act. 3 19 EXPLANATION 3 20 This bill relates to child abuse reporting by providing for 3 21 a report to be made to a local law enforcement agency for an 3 22 initial response. 3 23 Current law provides for an oral report to be made to the 3 24 department of human services followed by a written report. 3 25 The bill provides for the oral report to be made to the local 3 26 law enforcement agency instead of the department. "Local law 3 27 enforcement agency" is defined as the law enforcement agency 3 28 of the local governmental subdivision where the child 3 29 suspected of having suffered abuse is believed to be present. 3 30 The bill provides contingencies for the department to refer 3 31 a report to the local law enforcement agency if the department 3 32 initially receives a report instead of the agency. Current 3 33 law requires the department to notify mandatory reporters of 3 34 child abuse within 24 hours of receiving a report as to 3 35 whether the department commenced an assessment. The bill 4 1 requires a local law enforcement agency to notify mandatory 4 2 reporters as whether or not the agency commenced a criminal 4 3 investigation. 4 4 Upon receiving a child abuse report, the bill directs a 4 5 local law enforcement agency to determine whether or not 4 6 immediate action may be needed to protect the child. If it is 4 7 determined that immediate action may be necessary, the agency 4 8 is required to immediately attempt to interview or observe the 4 9 child. If it is determined that immediate action is not 4 10 necessary but the child may be in need of protection, the 4 11 agency is required to attempt to interview or observe the 4 12 child at the earliest practical time or to refer the report to 4 13 the department along with information as to any response made 4 14 by the agency. The primary purpose of the law enforcement 4 15 agency in responding to a report is to protect the child named 4 16 in the report. The secondary purpose of the law enforcement 4 17 agency in responding to a report is to perform any criminal 4 18 investigation that is warranted. 4 19 The bill may include a state mandate as defined in Code 4 20 section 25B.3. The bill makes inapplicable Code section 4 21 25B.2, subsection 3, which would relieve a political 4 22 subdivision from complying with a state mandate if funding for 4 23 the cost of the state mandate is not provided or specified. 4 24 Therefore, political subdivisions are required to comply with 4 25 any state mandate included in the bill. 4 26 LSB 2316HH 80 4 27 jp/pj/5.1