HF 2223 (LSB 6077YH (3) 83)

HOUSE FILE 2223

BY  UPMEYER

A BILL FOR

An Act relating to the scheduling of a contested case hearing for child abuse or dependent adult abuse.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 235A.19, subsection 2, paragraph a, Code 2009, is amended to read as follows:
   a.  A subject of a child abuse report may file with the department within six months of the date of the notice of the results of an assessment performed in accordance with section 232.71B, a written statement to the effect that report data and disposition data referring to the subject is in whole or in part erroneous, and may request a correction of that data or of the findings of the assessment report. The department shall provide the subject with an opportunity for an evidentiary hearing pursuant to chapter 17A to correct the data or the findings, unless the department corrects the data or findings as requested. The evidentiary hearing shall be held within forty-five days of filing, and the department shall render a decision within ninety days of filing. However, the department may defer the hearing until the conclusion of a pending juvenile or district court case relating to the data or findings.
    Sec. 2.  Section 235B.10, subsection 2, Code 2009, is amended to read as follows:
   2.  A person may file with the department within six months of the date of the notice of the results of an investigation, a written statement to the effect that dependent adult abuse information referring to the person is in whole or in part erroneous, and may request a correction of that information or of the findings of the investigation report. The department shall provide the person with an opportunity for an evidentiary hearing pursuant to chapter 17A to correct the information or the findings, unless the department corrects the information or findings as requested. The department shall delay the expungement of information which is not determined to be founded until the conclusion of a proceeding to correct the information or findings. The evidentiary hearing shall be held within forty-five days of filing, and the department shall render a decision within ninety days of filing. However, the department may defer the hearing until the conclusion of a court case relating to the information or findings.
EXPLANATION
   When an assessment for child abuse or an investigation for dependent adult abuse determines that abuse has occurred, the subject of that assessment or investigation may file a statement with the department of human services requesting a correction of erroneous data or findings and demand an evidentiary hearing to contest that determination. This bill requires that the hearing be held within 45 days of filing, and that the department render a decision within 90 days of filing.