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.MaintainExcept 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