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 the department of human services local 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 after such the 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, make a an
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 the department of human services, such local
2 12 law enforcement agency, the agency shall promptly refer the
2 13 report to the department of human services local 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