House File 744 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 76)
(COMPANION TO LSB 1246SV BY
COMMITTEE ON HUMAN RESOURCES)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to confidentiality and liability provisions
2 involving the child advocacy board and the programs associated
3 with the board and making a penalty applicable.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1246HV 81
6 jp/sh/8
PAG LIN
1 1 Section 1. Section 232.13, subsection 1, paragraph b, Code
1 2 2005, is amended to read as follows:
1 3 b. A court appointed special advocate and the members of
1 4 the child advocacy board created in section 237.16 or a local
1 5 citizen foster care review board created in accordance with
1 6 section 237.19.
1 7 Sec. 2. Section 232.147, subsection 3, paragraph c, Code
1 8 2005, is amended to read as follows:
1 9 c. The child's parent, guardian or custodian, court
1 10 appointed special advocate, and guardian ad litem, and the
1 11 members of the child advocacy board created in section 237.16
1 12 or a local citizen foster care review board created in
1 13 accordance with section 237.19 who are assigning or reviewing
1 14 the child's case.
1 15 Sec. 3. Section 237.21, subsections 1 and 3, Code 2005,
1 16 are amended to read as follows:
1 17 1. The information and records of or provided to a local
1 18 board, or the state board, or court appointed special advocate
1 19 regarding a child receiving foster care and the child's family
1 20 when relating to the foster care placement are not public
1 21 records pursuant to chapter 22. The state board and local
1 22 boards, with respect to hearings involving specific children
1 23 receiving foster care and the child's family, are not subject
1 24 to chapter 21.
1 25 3. Members of the state board and local boards, court
1 26 appointed special advocates, and the employees of the
1 27 department and the department of inspections and appeals are
1 28 subject to standards of confidentiality pursuant to sections
1 29 217.30, 228.6, subsection 1, sections 235A.15, 600.16, and
1 30 600.16A. Members of the state and local boards, court
1 31 appointed special advocates, and employees of the department
1 32 and the department of inspections and appeals who disclose
1 33 information or records of the board or department, other than
1 34 as provided in subsection 2, are guilty of a simple
1 35 misdemeanor.
2 1 EXPLANATION
2 2 This bill relates to confidentiality and liability
2 3 provisions involving the child advocacy board. The child
2 4 advocacy board is part of the department of inspections and
2 5 appeals and has responsibilities for oversight and review of
2 6 the state's foster care system, including establishing and
2 7 overseeing local citizen foster care review boards and
2 8 administering the court appointed special advocate program.
2 9 Code section 232.13, providing state tort liability
2 10 protection for court appointed special advocates and certain
2 11 other persons, is expanded to provide the protection for
2 12 members of the child advocacy board or a local foster care
2 13 review board.
2 14 Code section 232.147, relating to confidentiality of
2 15 juvenile court records, authorizes disclosure of a child's
2 16 official records without court order to various persons
2 17 involved with the juvenile court system, including the child's
2 18 court appointed special advocate. The bill expands the
2 19 disclosure authorization to members of the child advocacy
2 20 board or a local foster care review board who are assigning or
2 21 reviewing a case.
2 22 Code section 237.21 provides that information or records
2 23 involving a child or the child's family provided to the child
2 24 advocacy board or a local foster care review board, as well as
2 25 employees of the departments of human services and inspections
2 26 and appeals, are not public records. In addition, those
2 27 persons are subject to various statutory confidentiality
2 28 standards and to a simple misdemeanor penalty for unauthorized
2 29 disclosure of confidential information. The bill makes both
2 30 of these provisions applicable to court appointed special
2 31 advocates and members of the child advocacy board or a local
2 32 foster care review board.
2 33 LSB 1246HV 81
2 34 jp:rj/sh/8