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