Senate File 2146 - Introduced SENATE FILE BY KREIMAN and HORN Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the criteria for cases of founded child abuse 2 placed on the central child abuse registry. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5162XS 82 5 jp/nh/14 PAG LIN 1 1 Section 1. Section 232.71D, subsection 2, Code 2007, is 1 2 amended to read as follows: 1 3 2. If the alleged child abuse meets the definition of 1 4 child abuse under section 232.68, subsection 2, paragraph "a", 1 5or"d", or "f", and the department determines the injury or 1 6 risk of harm to the child was minor and isolated and is 1 7 unlikely to reoccur, the names of the child and the alleged 1 8 perpetrator of the child abuse and any other child abuse 1 9 information shall not be placed in the central registry as a 1 10 case of founded child abuse. 1 11 Sec. 2. Section 232.71D, subsection 3, paragraph h, Code 1 12 2007, is amended to read as follows: 1 13 h. The department determines the acts or omissions of the 1 14 alleged perpetrator meet the definition of child abuse under 1 15 section 232.68, subsection 2, paragraph "f", involving the 1 16 presence of an illegal drug and the injury or risk of harm to 1 17 the child was not minor and isolated or is likely to reoccur. 1 18 Sec. 3. RETROACTIVE REGISTRY REVIEWS. 1 19 1. A person who is a subject of a child abuse report 1 20 which, as of July 1, 2008, is included as information in the 1 21 central registry under chapter 235A involving the presence of 1 22 an illegal drug in a child's body may submit a written request 1 23 for review and expungement of the information from the central 1 24 registry which refers to the person. The request must be 1 25 submitted to the department of human services during the 1 26 period beginning July 1, 2008, and ending December 31, 2008. 1 27 2. If the review indicates the information would not be 1 28 placed in the registry as founded child abuse in accordance 1 29 with section 232.71D, subsection 2, as amended by this Act, 1 30 the information shall be expunged from the central registry. 1 31 Child abuse information which is expunged from the central 1 32 registry under this subsection shall not be retained by the 1 33 department of human services any longer than the time period 1 34 in rule for retaining information which is not placed in the 1 35 central registry, allowing credit for the amount of time the 2 1 information was held in the central registry. If the review 2 2 indicates the child abuse information would be placed in the 2 3 central registry under section 232.71D, subsection 2, as 2 4 amended by this Act, the information shall remain subject to 2 5 the provisions of section 235A.18, subsection 1, as to the 2 6 time period the information is to be retained in the registry. 2 7 In addition to reviews performed pursuant to a request made in 2 8 accordance with subsection 1, a review of such information 2 9 shall be performed under any of the following conditions: 2 10 a. The department is considering the information while 2 11 performing a record check evaluation under law. 2 12 b. A review is indicated under a procedure for performing 2 13 reviews adopted by the department for purposes of this 2 14 subsection. 2 15 EXPLANATION 2 16 This bill relates to the criteria for cases of founded 2 17 child abuse placed on the central child abuse registry. 2 18 Under current law in Code section 232.71D, subsection 2, if 2 19 an assessment has been performed and the department determines 2 20 that the abuse meets the definition of child abuse, for 2 21 certain cases an exception is authorized so that the name of 2 22 the alleged perpetrator is not placed on the central child 2 23 abuse registry as a case of founded child abuse. The cases 2 24 are limited to those involving nonaccidental physical injury 2 25 or failure to provide for adequate food, shelter, clothing, or 2 26 other care necessary for the child's health and welfare, when 2 27 the department determines that injury or risk of harm to the 2 28 child was minor and isolated and is unlikely to reoccur. 2 29 The bill amends Code section 232.71D to allow an additional 2 30 exception to registry placement requirements involving the 2 31 presence of an illegal drug in a child's body, again, only if 2 32 the department determines the injury or risk of harm to the 2 33 child was minor and isolated and is unlikely to reoccur. 2 34 The bill provides that a person whose name is in the 2 35 central child abuse registry as of July 1, 2008, for child 3 1 abuse involving the presence of an illegal drug in a child's 3 2 body may request a review and expungement of the information 3 3 based on the new criteria provided in the bill. The request 3 4 must be submitted to the department during the period 3 5 beginning July 1 and ending December 31, 2008. In addition, 3 6 the department is required to review cases in the registry 3 7 involving the presence of an illegal drug in a child's body 3 8 when a record check involving the information is being 3 9 performed or when the review is indicated under a protocol for 3 10 performing such reviews. 3 11 LSB 5162XS 82 3 12 jp/nh/14