Senate File 59
SENATE FILE
BY TINSMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring establishment of county child protection
2 assistance teams.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1531SS 80
5 jp/cf/24
PAG LIN
1 1 Section 1. Section 232.71B, subsection 3, Code 2003, is
1 2 amended to read as follows:
1 3 3. INVOLVEMENT OF LAW ENFORCEMENT. The department shall
1 4 apply a protocol protocols, developed with representatives of
1 5 law enforcement agencies at the local level the local child
1 6 protection assistance team established pursuant to section
1 7 915.35, to prioritize the actions taken in response to child
1 8 abuse reports and to work jointly with child protection
1 9 assistance teams and law enforcement agencies in performing
1 10 assessment and investigative processes for child abuse reports
1 11 in which a criminal act harming a child is alleged. The
1 12 county attorney and appropriate law enforcement agencies shall
1 13 also take any other lawful action which may be necessary or
1 14 advisable for the protection of the child. If a report is
1 15 determined not to constitute a child abuse allegation, but a
1 16 criminal act harming a child is alleged, the department shall
1 17 immediately refer the matter to the appropriate law
1 18 enforcement agency.
1 19 Sec. 2. Section 235A.15, subsection 2, paragraph b, Code
1 20 2003, is amended by adding the following new subparagraph:
1 21 NEW SUBPARAGRAPH. (10) To the child protection assistance
1 22 team established in accordance with section 915.35 for the
1 23 county in which the report was made.
1 24 Sec. 3. Section 331.756, Code 2003, is amended by adding
1 25 the following new subsection:
1 26 NEW SUBSECTION. 83B. Establish a child protection
1 27 assistance team in accordance with section 915.35.
1 28 Sec. 4. Section 915.35, subsection 4, Code 2002, is
1 29 amended to read as follows:
1 30 4. a. To the greatest extent possible, a
1 31 multidisciplinary A child protection assistance team involving
1 32 the county attorney, law enforcement personnel, community=
1 33 based child advocacy organizations, and personnel of the
1 34 department of human services shall be utilized in
1 35 investigating and prosecuting cases involving a violation of
2 1 chapter 709 or 726 or other crime committed upon a victim as
2 2 defined in subsection 1. A child protection assistance team
2 3 shall be established for each county by the county attorney.
2 4 However, by mutual agreement, two or more county attorneys may
2 5 establish a single child protection assistance team to cover a
2 6 multicounty area.
2 7 b. The purpose of a child protection assistance team is to
2 8 address the following goals in regard to cases of child sexual
2 9 abuse and physical abuse:
2 10 (1) Developing and maintaining interagency and
2 11 interprofessional cooperation and coordination in case
2 12 management and response.
2 13 (2) Implementing an interagency team and case management
2 14 approach that focuses upon the following, in priority order
2 15 beginning with the highest priority: needs of the child
2 16 victim, prosecution and civil proceedings relating to the
2 17 case, and involvement of members of the child's family who are
2 18 supportive of the child and whose interests are consistent
2 19 with the best interests of the child.
2 20 (3) Obtaining evidence that is useful for a criminal
2 21 prosecution and for protective action in civil proceedings.
2 22 (4) Providing for extensive, initial case screening and
2 23 validation procedures to ensure timely prosecution of
2 24 perpetrators of such abuse and to safeguard against false
2 25 allegations of abuse so that an innocent person may be timely
2 26 exonerated.
2 27 (5) Reducing to as few as possible the interviews of the
2 28 child victims of such abuse.
2 29 c. A multidisciplinary child protection assistance team
2 30 may also consult with or include juvenile court officers,
2 31 medical and mental health professionals, physicians or other
2 32 hospital=based health professionals, court=appointed special
2 33 advocates, guardians ad litem, and members of a
2 34 multidisciplinary team created by the department of human
2 35 services for child abuse investigations. A child protection
3 1 assistance team may work cooperatively with the local
3 2 community empowerment area board established under section
3 3 28.6. The child protection assistance team shall work with
3 4 the department of human services in accordance with section
3 5 232.71B, subsection 3, in developing the protocols for
3 6 prioritizing the actions taken in response to child abuse
3 7 reports and for law enforcement agencies working jointly with
3 8 the department at the local level in processes for child abuse
3 9 reports. The department of justice may provide training and
3 10 other assistance to support the activities of a
3 11 multidisciplinary child protection assistance team referred to
3 12 in this subsection.
3 13 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection
3 14 3, shall not apply to this Act.
3 15 EXPLANATION
3 16 This bill requires establishment of county child protection
3 17 assistance teams.
3 18 Code section 232.71B, relating to child abuse assessments,
3 19 is amended to require the department of human services to
3 20 develop protocols with county child protection assistance
3 21 teams for prioritizing the actions taken in response to child
3 22 abuse reports and for working jointly with such teams and law
3 23 enforcement agencies.
3 24 Code section 235A.15 is amended to provide a child
3 25 protection assistance team with access to confidential child
3 26 abuse report and disposition information for the reports made
3 27 in the county served by the team.
3 28 The bill requires establishment of county child protection
3 29 assistance teams by modifying existing law in Code section
3 30 915.35. The existing law provides for optional use of a
3 31 multidisciplinary team for investigations and prosecutions of
3 32 criminal cases involving child victims of a sexual crime under
3 33 Code chapter 709, relating to sexual abuse, or Code chapter
3 34 726, relating to protection of the family and dependent
3 35 persons, or of a forcible felony. The bill changes the name
4 1 of the team to "child protection assistance team" and requires
4 2 a team to be established for each county by the county
4 3 attorney. However, by mutual agreement, two or more county
4 4 attorneys may establish a single county protection assistance
4 5 team for a multicounty area. The bill includes a physician or
4 6 other hospital=based health professional in the list of the
4 7 persons who may be consulted by a child protection assistance
4 8 team. In addition, a team may work cooperatively with the
4 9 local community empowerment area board.
4 10 Code section 331.756 is amended to include the
4 11 establishment of a child protection assistance team in the
4 12 duties of the county attorney.
4 13 The bill may include a state mandate as defined in Code
4 14 section 25B.3. The bill makes inapplicable Code section
4 15 25B.2, subsection 3, which would relieve a political
4 16 subdivision from complying with a state mandate if funding for
4 17 the cost of the state mandate is not provided or specified.
4 18 Therefore, political subdivisions are required to comply with
4 19 any state mandate included in the bill.
4 20 LSB 1531SS 80
4 21 jp/cf/24