House File 345
HOUSE FILE
BY GASKILL
(COMPANION TO SF 181
BY SCHUERER)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act authorizing the department of human services to disclose
2 information regarding the presence of a perpetrator of certain
3 sexual offenses or sexual abuse in the client's home.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1770HH 80
6 jp/sh/8
PAG LIN
1 1 Section 1. Section 217.30, subsection 2, Code 2003, is
1 2 amended to read as follows:
1 3 2. a. Information described in subsection 1 shall not be
1 4 disclosed to or used by any person or agency except for
1 5 purposes of administration of the programs of services or
1 6 assistance, and shall not in any case, except as otherwise
1 7 provided in this subsection or subsection 4, paragraph "b", be
1 8 disclosed to or used by persons or agencies outside the
1 9 department unless they are subject to standards of
1 10 confidentiality comparable to those imposed on the department
1 11 by this division.
1 12 b. If the department has information described in
1 13 subsection 1 that a person living in the home of a client of
1 14 the department has committed a sexual offense, the department
1 15 may disclose that information to the adult persons living in
1 16 that home. For the purpose of this paragraph, "committed a
1 17 sexual offense" means the person is required to register with
1 18 the sex offender registry in accordance with chapter 692A, or
1 19 is listed in the child or dependent adult abuse registry as
1 20 having been found to have committed abuse that was sexual in
1 21 nature.
1 22 Sec. 2. Section 235A.15, Code 2003, is amended by adding
1 23 the following new subsection:
1 24 NEW SUBSECTION. 10. The department may disclose child
1 25 abuse information to adult persons living in the home of a
1 26 client of the department, for purposes of providing
1 27 information in accordance with section 217.30, subsection 2,
1 28 paragraph "b", that a person living in that home has committed
1 29 a sexual offense.
1 30 Sec. 3. Section 235B.6, subsection 2, paragraph e, Code
1 31 2003, is amended by adding the following new subparagraph:
1 32 NEW SUBPARAGRAPH. (10) To adult persons living in the
1 33 home of a client of the department, for purposes of providing
1 34 information in accordance with section 217.30, subsection 2,
1 35 paragraph "b", that a person living in that home has committed
2 1 a sexual offense.
2 2 Sec. 4. Section 692A.13, Code 2003, is amended by adding
2 3 the following new subsection:
2 4 NEW SUBSECTION. 9. The department of human services may
2 5 disclose information to adult persons living in the home of a
2 6 client of the department of human services, for purposes of
2 7 providing information in accordance with section 217.30,
2 8 subsection 2, paragraph "b", that a person living in that home
2 9 has committed a sexual offense.
2 10 EXPLANATION
2 11 This bill authorizes the department of human services to
2 12 disclose information to a client regarding the presence of a
2 13 perpetrator of a sexual offense in the client's home.
2 14 The bill amends Code section 217.30, relating to
2 15 confidentiality of the department of human services' records,
2 16 to authorize the department to disclose information in those
2 17 records indicating that a person living in a client's home has
2 18 committed a sexual offense. "Committed a sexual offense" is
2 19 defined as meaning the person is required to register with the
2 20 sex offender registry in accordance with Code chapter 692A, or
2 21 the person is listed in the child or dependent adult abuse
2 22 registry as having been found to have committed abuse that was
2 23 sexual in nature. The department may provide the information
2 24 to the adult persons living in the client's home.
2 25 The department records under Code section 217.30 which may
2 26 contain information regarding a perpetrator of a sexual
2 27 offense include identifying information concerning individuals
2 28 receiving services or assistance from the department,
2 29 information about the types of services or amounts of
2 30 assistance provided, agency evaluations of information about a
2 31 particular individual, and medical or psychiatric data
2 32 concerning a particular individual.
2 33 Code sections 235A.15, relating to authorized access to the
2 34 child abuse registry, 235B.6, relating to authorized access to
2 35 the dependent adult abuse registry, and 692A.13, relating to
3 1 access to the sex offender registry, are amended to
3 2 specifically authorize the department to disclose the
3 3 information in those registries as required by the bill.
3 4 LSB 1770HH 80
3 5 jp/sh/8