House File 33 - Introduced
HOUSE FILE
BY SMITH
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act expanding the duties of the child death review team and
2 making a penalty applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1058HH 81
5 jp/sh/8
PAG LIN
1 1 Section 1. Section 135.43, subsection 3, paragraph d, Code
1 2 2005, is amended to read as follows:
1 3 d. Maintain Except as authorized by this section, maintain
1 4 the confidentiality of any patient records or other
1 5 confidential information reviewed.
1 6 Sec. 2. Section 135.43, subsection 3, Code 2005, is
1 7 amended by adding the following new paragraphs:
1 8 NEW PARAGRAPH. e. Recommend to the department of human
1 9 services, appropriate law enforcement agencies, and any other
1 10 person involved with child protection, interventions that may
1 11 prevent harm to a child who is related to or is living in the
1 12 same home as a child whose case is reviewed by the team.
1 13 NEW PARAGRAPH. f. If the sharing of information is
1 14 necessary to assist in or initiate a child death investigation
1 15 or criminal prosecution and the office or agency receiving the
1 16 information does not otherwise have access to the information,
1 17 share information possessed by the review team with the office
1 18 of the attorney general, a county attorney's office, or an
1 19 appropriate law enforcement agency. The office or agency
1 20 receiving the information shall maintain the confidentiality
1 21 of the information in accordance with this section.
1 22 Unauthorized release or disclosure of the information received
1 23 is subject to penalty as provided in this section.
1 24 NEW PARAGRAPH. g. In order to assist another division of
1 25 the department in performing the division's duties, if the
1 26 division does not otherwise have access to the information,
1 27 share information possessed by the review team. The division
1 28 receiving the information shall maintain the confidentiality
1 29 of the information in accordance with this section.
1 30 Unauthorized release or disclosure of the information received
1 31 is subject to penalty as provided in this section.
1 32 Sec. 3. Section 135.43, subsection 4, Code 2005, is
1 33 amended by adding the following new paragraph:
1 34 NEW PARAGRAPH. g. If deemed appropriate by the committee,
1 35 at any point in the review the committee may recommend to the
2 1 department of human services, appropriate law enforcement
2 2 agencies, and any other person involved with child protection,
2 3 interventions that may prevent harm to a child who is related
2 4 to or is living in the same home as a child whose case is
2 5 reviewed by the committee.
2 6 EXPLANATION
2 7 This bill expands the duties of the child death review
2 8 team.
2 9 The team is required to make recommendations to the
2 10 department of human services, law enforcement agencies, and
2 11 others involved with child protection regarding interventions
2 12 that may prevent harm to a child who is related to or living
2 13 in the same home as the child whose death was reviewed by the
2 14 team. Authority to make such recommendations is also provided
2 15 to an ad hoc child fatality review committee reviewing child
2 16 abuse assessments involving a child fatality in accordance
2 17 with protocols established by the review team.
2 18 The team is authorized to share information possessed by
2 19 the team with the office of the attorney general, a county
2 20 attorney's office, or a law enforcement agency, if the office
2 21 or agency did not otherwise have access to the information and
2 22 the information would assist in a child death investigation or
2 23 a criminal prosecution. The office or agency's unauthorized
2 24 release or disclosure of the information received is
2 25 punishable as a serious misdemeanor.
2 26 The team is authorized to share information possessed by
2 27 the team with another division of the Iowa department of
2 28 public health, if the division does not have access to the
2 29 information and the information would assist the division in
2 30 performing its duties. The division's unauthorized release or
2 31 disclosure of the information received is punishable as a
2 32 serious misdemeanor.
2 33 LSB 1058HH 81
2 34 jp/sh/8