House File 610
HOUSE FILE
BY COMMITTEE ON HUMAN RESOURCES
(SUCCESSOR TO HF 320)
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.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2316HV 80
5 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, subsection 3, Code 2003, is
1 8 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. If the person making the
1 11 report has reason to believe that immediate protection for the
1 12 child is advisable or it appears that there is an immediate
1 13 threat or high risk to the child's safety, that person shall
1 14 also immediately make an oral report to an appropriate the
1 15 local law enforcement agency.
1 16 Sec. 3. Section 232.70, Code 2003, is amended by adding
1 17 the following new subsection:
1 18 NEW SUBSECTION. 10. Upon receiving a child abuse report,
1 19 a local law enforcement agency shall make a determination
1 20 whether or not immediate action may be necessary for
1 21 protection of the child. If it is determined that immediate
1 22 action may be necessary, the agency shall immediately attempt
1 23 to interview or observe the child. If it is determined that
1 24 immediate action is not necessary but the child may be in need
1 25 of protection, the agency shall attempt to interview or
1 26 observe the child at the earliest practical time or shall
1 27 refer the report to the department along with information as
1 28 to any response made by the agency. The primary purpose of
1 29 the law enforcement agency in responding to a report shall be
1 30 to protect the child named in the report. The secondary
1 31 purpose of the law enforcement agency in responding to a
1 32 report is to perform any criminal investigation that is
1 33 warranted.
1 34 EXPLANATION
1 35 This bill relates to child abuse reporting requirements for
2 1 a report to be made to a local law enforcement agency.
2 2 Current law allows a mandatory reporter to report child
2 3 abuse to the department of human services orally, in writing,
2 4 or both. Current law directs a mandatory reporter to also
2 5 make an oral report to law enforcement when the reporter has
2 6 reason to believe that immediate protection for the child is
2 7 advisable. The bill adds new requirements for making an
2 8 immediate report to law enforcement when it appears there is
2 9 immediate threat or high risk to the child's safety. "Local
2 10 law enforcement agency" is defined by the bill as the law
2 11 enforcement agency of the local governmental subdivision where
2 12 the child suspected of having suffered abuse is believed to be
2 13 present.
2 14 Upon receiving a child abuse report, the bill directs a
2 15 local law enforcement agency to determine whether or not
2 16 immediate action may be needed to protect the child. If it is
2 17 determined that immediate action may be necessary, the agency
2 18 is required to immediately attempt to interview or observe the
2 19 child. If it is determined that immediate action is not
2 20 necessary but the child may be in need of protection, the
2 21 agency is required to attempt to interview or observe the
2 22 child at the earliest practical time or to refer the report to
2 23 the department along with information as to any response made
2 24 by the agency. The primary purpose of the law enforcement
2 25 agency in responding to a report is to protect the child named
2 26 in the report. The secondary purpose of the law enforcement
2 27 agency in responding to a report is to perform any criminal
2 28 investigation that is warranted.
2 29 LSB 2316HV 80
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