House
File
2223
-
Introduced
HOUSE
FILE
2223
BY
UPMEYER
A
BILL
FOR
An
Act
relating
to
the
scheduling
of
a
contested
case
hearing
1
for
child
abuse
or
dependent
adult
abuse.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2223
Section
1.
Section
235A.19,
subsection
2,
paragraph
a,
Code
1
2009,
is
amended
to
read
as
follows:
2
a.
A
subject
of
a
child
abuse
report
may
file
with
the
3
department
within
six
months
of
the
date
of
the
notice
of
4
the
results
of
an
assessment
performed
in
accordance
with
5
section
232.71B,
a
written
statement
to
the
effect
that
report
6
data
and
disposition
data
referring
to
the
subject
is
in
7
whole
or
in
part
erroneous,
and
may
request
a
correction
of
8
that
data
or
of
the
findings
of
the
assessment
report.
The
9
department
shall
provide
the
subject
with
an
opportunity
for
10
an
evidentiary
hearing
pursuant
to
chapter
17A
to
correct
11
the
data
or
the
findings,
unless
the
department
corrects
the
12
data
or
findings
as
requested.
The
evidentiary
hearing
shall
13
be
held
within
forty-five
days
of
filing,
and
the
department
14
shall
render
a
decision
within
ninety
days
of
filing.
However,
15
the
department
may
defer
the
hearing
until
the
conclusion
of
a
16
pending
juvenile
or
district
court
case
relating
to
the
data
17
or
findings.
18
Sec.
2.
Section
235B.10,
subsection
2,
Code
2009,
is
amended
19
to
read
as
follows:
20
2.
A
person
may
file
with
the
department
within
six
months
21
of
the
date
of
the
notice
of
the
results
of
an
investigation,
22
a
written
statement
to
the
effect
that
dependent
adult
abuse
23
information
referring
to
the
person
is
in
whole
or
in
part
24
erroneous,
and
may
request
a
correction
of
that
information
or
25
of
the
findings
of
the
investigation
report.
The
department
26
shall
provide
the
person
with
an
opportunity
for
an
evidentiary
27
hearing
pursuant
to
chapter
17A
to
correct
the
information
or
28
the
findings,
unless
the
department
corrects
the
information
29
or
findings
as
requested.
The
department
shall
delay
the
30
expungement
of
information
which
is
not
determined
to
be
31
founded
until
the
conclusion
of
a
proceeding
to
correct
the
32
information
or
findings.
The
evidentiary
hearing
shall
be
held
33
within
forty-five
days
of
filing,
and
the
department
shall
34
render
a
decision
within
ninety
days
of
filing.
However,
35
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2223
the
department
may
defer
the
hearing
until
the
conclusion
of
a
1
court
case
relating
to
the
information
or
findings.
2
EXPLANATION
3
When
an
assessment
for
child
abuse
or
an
investigation
for
4
dependent
adult
abuse
determines
that
abuse
has
occurred,
5
the
subject
of
that
assessment
or
investigation
may
file
a
6
statement
with
the
department
of
human
services
requesting
7
a
correction
of
erroneous
data
or
findings
and
demand
an
8
evidentiary
hearing
to
contest
that
determination.
This
bill
9
requires
that
the
hearing
be
held
within
45
days
of
filing,
and
10
that
the
department
render
a
decision
within
90
days
of
filing.
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