S.F. 491 Section 1. Section 232.68, subsection 2, paragraph d, Code 1 2011, is amended to read as follows: 2 d. (1) The failure on the part of a person responsible for 3 the care of a child to provide for the adequate food, shelter, 4 clothing , medical or mental health treatment, supervision, or 5 other care necessary for the child’s health and welfare when 6 financially able to do so or when offered financial or other 7 reasonable means to do so. 8 (2) For the purposes of subparagraph (1), failure to provide 9 for the adequate supervision of a child means the person failed 10 to provide proper supervision of a child that a reasonable 11 and prudent person would exercise under similar facts and 12 circumstances and the failure resulted in direct harm or 13 created a risk of harm to the child. 14 (3) A parent or guardian legitimately practicing religious 15 beliefs who does not provide specified medical treatment for a 16 child for that reason alone shall not be considered abusing the 17 child, however this provision shall not preclude a court from 18 ordering that medical service be provided to the child where 19 the child’s health requires it. 20 Sec. 2. Section 232.68, subsection 2, Code 2011, is amended 21 by adding the following new unnumbered paragraph: 22 NEW UNNUMBERED PARAGRAPH . “Child abuse” or “abuse” shall 23 not be construed to hold a victim responsible for failing to 24 prevent a crime against the victim. 25 Sec. 3. Section 232.71D, subsections 2 and 3, Code 2011, are 26 amended to read as follows: 27 2. If Except as otherwise provided in subsections 3 and 28 3A, if the department issues a finding that the alleged 29 child abuse meets the definition of child abuse under section 30 232.68, subsection 2 , paragraph “a” or “d” , and the department 31 determines the injury or risk of harm to the child was minor 32 and isolated and is unlikely to reoccur, the names of the child 33 and the alleged perpetrator of the alleged child abuse and 34 any other child abuse information shall not be placed in the 35 -1- LSB 1221SV (3) 84 jp/nh 1/ 9

S.F. 491 central registry as a case of founded child abuse. 1 3. a. Unless any of the circumstances listed in paragraph 2 “b” are applicable, cases to which any of the following 3 circumstances apply shall not be placed on the central 4 registry: 5 (1) A finding of physical abuse in which the department 6 has determined the injury resulting from the abuse was minor, 7 isolated, and unlikely to reoccur. 8 (2) A finding of abuse by failure to provide adequate 9 supervision or by failure to provide adequate clothing, in 10 which the department has determined the risk from the abuse 11 to the child’s health and welfare was minor, isolated, and 12 unlikely to reoccur. 13 b. Except as otherwise provided in section 232.68, 14 subsection 2 , paragraph “d” , regarding parents legitimately 15 practicing religious beliefs, If any of the following 16 circumstances apply in addition to those listed in paragraph 17 “a” , the names of the child and the alleged perpetrator of 18 the alleged child abuse and the report data and disposition 19 data any other child abuse information shall be placed in the 20 central registry as a case of founded child abuse under any of 21 the following circumstances : 22 a. (1) The case was referred for juvenile or criminal 23 court action as a result of the acts or omissions of the 24 alleged perpetrator or a criminal or juvenile court action 25 was initiated by the county attorney or juvenile court within 26 twelve months of the date of the department’s report concerning 27 the case, in which the alleged perpetrator was convicted of a 28 crime involving the child or there was a delinquency or child 29 in need of assistance adjudication. 30 b. The department determines the acts or omissions of 31 the alleged perpetrator meet the definition of child abuse 32 under section 232.68, subsection 2 , paragraph “a” , involving 33 nonaccidental physical injury suffered by the child and the 34 injury was not minor or was not isolated or is likely to 35 -2- LSB 1221SV (3) 84 jp/nh 2/ 9

S.F. 491 reoccur. 1 c. (2) The department determines the acts or omissions 2 of the alleged perpetrator meet the definition of child 3 abuse and the department has previously determined within 4 the eighteen-month period preceding the issuance of the 5 department’s report that the acts or omissions of the alleged 6 perpetrator in a prior case met the definition of child abuse. 7 d. The department determines the acts or omissions of the 8 alleged perpetrator meet the definition of child abuse under 9 section 232.68, subsection 2 , paragraph “b” , involving mental 10 injury. 11 e. The department determines the acts or omissions meet 12 the definition of child abuse under section 232.68, subsection 13 2 , paragraph “c” , and the alleged perpetrator of the acts or 14 omissions is age fourteen or older. However, the juvenile 15 court may order the removal from the central registry of the 16 name of an alleged perpetrator placed in the registry pursuant 17 to this paragraph who is age fourteen through seventeen upon a 18 finding of good cause. The name of an alleged perpetrator who 19 is less than age fourteen shall not be placed in the central 20 registry pursuant to this paragraph. 21 f. The department determines the acts or omissions of the 22 alleged perpetrator meet the definition of child abuse under 23 section 232.68, subsection 2 , paragraph “d” , involving failure 24 to provide care necessary for the child’s health and welfare, 25 and any injury to the child or risk to the child’s health and 26 welfare was not minor or was not isolated or is likely to 27 reoccur, in any of the following ways: 28 (1) Failure to provide adequate food and nutrition. 29 (2) Failure to provide adequate shelter. 30 (3) Failure to provide adequate health care. 31 (4) Failure to provide adequate mental health care. 32 (5) Gross failure to meet emotional needs. 33 (6) Failure to respond to an infant’s life-threatening 34 condition. 35 -3- LSB 1221SV (3) 84 jp/nh 3/ 9

S.F. 491 g. The department determines the acts or omissions of 1 the alleged perpetrator meet the definition of child abuse 2 under section 232.68, subsection 2 , paragraph “e” , involving 3 prostitution. 4 h. The department determines the acts or omissions of the 5 alleged perpetrator meet the definition of child abuse under 6 section 232.68, subsection 2 , paragraph “f” , involving the 7 presence of an illegal drug. 8 i. (3) The department determines the alleged perpetrator of 9 the child abuse will continue to pose a danger to the child who 10 is the subject of the report of child abuse or to another child 11 with whom the alleged perpetrator may come into contact. 12 Sec. 4. Section 232.71D, Code 2011, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 3A. Cases of alleged child abuse to which 15 any of the following circumstances apply shall be placed in the 16 central registry as follows: 17 a. A finding of sexual abuse in which the alleged 18 perpetrator of the abuse is age thirteen or younger. However, 19 the name of the alleged perpetrator shall be withheld from the 20 registry. 21 b. A finding of sexual abuse in which the alleged 22 perpetrator of the abuse is age fourteen through seventeen and 23 the court has found there is good cause for the name of the 24 alleged perpetrator to be removed from the central registry. 25 Only the name of the alleged perpetrator shall be removed from 26 the registry. 27 Sec. 5. Section 235A.18, subsection 3, Code 2011, is amended 28 by striking the subsection. 29 Sec. 6. Section 235A.19, subsection 2, paragraph a, Code 30 2011, is amended to read as follows: 31 a. A subject of a child abuse report may file with the 32 department within six months ninety days of the date of the 33 notice of the results of an assessment performed in accordance 34 with section 232.71B , a written statement to the effect that 35 -4- LSB 1221SV (3) 84 jp/nh 4/ 9

S.F. 491 report data and disposition data referring to the subject is 1 in whole or in part erroneous, and may request a correction of 2 that data or of the findings of the assessment report. The 3 department shall provide the subject with an opportunity for 4 an evidentiary a contested case hearing pursuant to chapter 5 17A to correct the data or the findings, unless the department 6 corrects the data or findings as requested. The department 7 may defer the hearing until the conclusion of the adjudicatory 8 phase of a pending juvenile or district court case relating to 9 the data or findings. 10 Sec. 7. CHILD PROTECTION SYSTEM IMPROVEMENTS. 11 1. The department of human services shall continue 12 working with the office of the attorney general, department 13 of inspections and appeals, office of the citizens’ aide, 14 prevent child abuse Iowa, Iowa civil liberties union, and 15 other stakeholders to develop and implement improvements in 16 the child abuse assessment and registry processes and other 17 child protection system provisions as outlined in this section 18 in order to ensure the due process rights of persons alleged 19 to have committed child abuse are addressed in a more timely 20 manner while also ensuring that children are protected from 21 abuse. 22 2. The department shall implement near-term solutions that 23 can be initiated without legislation, which may include but are 24 not limited to all of the following: 25 a. Shifting financial resources to expand the positions in 26 the office of the attorney general involved with child abuse 27 appeals. 28 b. Improving the training of child protection workers 29 regarding evidence standards, confirmed child abuse, and 30 founded child abuse. 31 c. Expediting process for the director of human services’ 32 review and response to administrative law judge decisions. 33 3. The department shall propose options to address 34 long-term issues with the child protection system, including 35 -5- LSB 1221SV (3) 84 jp/nh 5/ 9

S.F. 491 but not limited to all of the following: 1 a. Considering changes to registry placement provisions 2 to verify that registry placement applies to the persons who 3 have posed a consequential risk to the health and safety of the 4 child found to have been abused and unwarranted placement is 5 limited or eliminated. 6 b. Providing a differential response to child abuse 7 allegations based upon the severity of the allegation. 8 c. Allowing for reconsideration of founded abuse findings 9 or registry placement status based upon the rehabilitation of 10 the alleged perpetrator. 11 d. Providing a differential approach as to the duration of 12 registry placement based upon the severity of the child abuse 13 finding. 14 4. The department shall report to the members of the general 15 assembly’s standing committees on human resources and the 16 legislative services agency providing statistics and other 17 information concerning improvements implemented, improvements 18 planned, and improvements recommended. The report shall be 19 submitted on or before December 15, 2011. 20 EXPLANATION 21 This bill relates to the child abuse registry administered 22 by the department of human services and addresses when founded 23 child abuse information is placed in the child abuse registry. 24 Code section 232.68, providing definitions of child abuse 25 and related terms, is amended. The amendment adds to the 26 definition of child abuse by a person responsible for the care 27 of a child, the person’s failure to provide adequate medical 28 or mental health treatment, or supervision of the child. The 29 definition provision addressed by the amendment is commonly 30 referred to as “denial of critical care”. Failure to provide 31 for the adequate supervision of the child is defined to mean 32 the person failed to provide proper supervision of a child that 33 a reasonable and prudent person would exercise under similar 34 facts and circumstances and the failure resulted in direct harm 35 -6- LSB 1221SV (3) 84 jp/nh 6/ 9

S.F. 491 or created a risk of harm to the child. 1 Under current law, denial of critical care is limited to 2 failure to provide for the adequate food, shelter, clothing, or 3 other care necessary for the child’s health and welfare when 4 financially able to do so or when offered financial or other 5 reasonable means to do so. A parent or guardian legitimately 6 practicing religious beliefs who does not provide specified 7 medical treatment for a child for that reason alone is not 8 considered abusing the child, however, this exemption does not 9 preclude a court from ordering that medical service be provided 10 to the child where the child’s health requires it. Although 11 the religious belief exemption is not affected by the bill, an 12 internal reference to it in Code section 232.71D is deleted. 13 The bill also addresses the overall definition of the terms 14 “child abuse” or “abuse” by providing that the terms shall 15 not be construed to hold a victim responsible for failing to 16 prevent a crime against the victim. 17 Code section 232.71D, providing criteria for whether or not 18 founded child abuse information is placed on the central child 19 abuse registry, is amended. Current law provides a specific 20 list of abuses for which there is no discretion and must be 21 placed on the registry and describes two types of abuse that 22 are not placed on the registry if certain determinations are 23 made: nonaccidental physical injury or injury at variance with 24 the history of it and the denial of critical care. For those 25 two types of abuse, in order not to be placed on the registry, 26 the department must determine that the injury or risk of harm 27 was minor, isolated, and is unlikely to reoccur. 28 The bill removes from Code section 232.71D most of the 29 specific provisions requiring registry placement and instead 30 provides a specific list of four exemptions that if any of 31 the circumstances described in the exemptions are applicable, 32 the case of founded child abuse is not placed on the central 33 registry. The first exemption listed is similar to the 34 exemption in current law: a finding of physical abuse in which 35 -7- LSB 1221SV (3) 84 jp/nh 7/ 9

S.F. 491 the department has determined the injury was minor, isolated, 1 and unlikely to reoccur. The second exemption narrows the 2 denial of critical care exemption in current law to now only 3 apply to failure to provide adequate supervision or failure to 4 provide adequate clothing, and the department must determine 5 that the risk to the child’s health and welfare was minor, 6 isolated, and unlikely to reoccur. Under the bill, abuse 7 resulting from other forms of denial of critical care would 8 no longer be exempted from placement on the registry. These 9 two exception clauses do not apply if one of the following 10 circumstances is also applicable: referral of the case for 11 criminal or juvenile court action, the same perpetrator was 12 previously determined to have committed child abuse in a prior 13 case that occurred within the preceding 18-month period, or the 14 department determines the alleged perpetrator will continue 15 to pose a danger to the child involved with this case or to 16 another child. 17 The third exemption is sexual abuse when the alleged 18 perpetrator of the abuse is age 13 or younger. The fourth 19 exemption is sexual abuse when the alleged perpetrator is 20 age 14 through 17 and the court has determined there is good 21 cause for removing the name of the alleged perpetrator from 22 the registry. In such cases only the name of the alleged 23 perpetrator will be withheld or removed from the registry. 24 Subsection 3 of Code section 235A.18, relating to sealing 25 and expungement of founded child abuse information from the 26 registry, is stricken. The subsection requires the department 27 to review cases of child abuse placed in the registry before 28 the original effective date of Code section 232.71D of July 29 1, 1997. The review is required when the department is 30 considering the information while performing a record check 31 evaluation under law or administrative rule and when a review 32 is indicated under a procedure for performing reviews adopted 33 by the department. 34 Code section 235A.19, relating to requests for correction or 35 -8- LSB 1221SV (3) 84 jp/nh 8/ 9

S.F. 491 expungement of child abuse information, is amended to shorten 1 the time frame within which the subject of a child abuse report 2 may file with the department a statement that child abuse data 3 is erroneous and request correction from six months to 90 days. 4 The opportunity for the subject for an evidentiary hearing 5 is changed to a contested case hearing. Current law allows 6 the department to defer the hearing until the conclusion of a 7 pending related juvenile or district court case and the bill 8 shortens the deferral until the conclusion of the adjudicatory 9 phase of the court case. 10 The department is required to continue working with various 11 stakeholders to develop and implement improvements to the child 12 protection system. Implementation is required for near-term 13 solutions that can be implemented without legislation. The 14 department is required to propose options to address long-term 15 issues and the bill lists required provisions. A report is 16 required to be made by December 15, 2011, to the standing 17 committees on human resources and the legislative services 18 agency, to include improvements implemented, planned, and 19 recommended. 20 -9- LSB 1221SV (3) 84 jp/nh 9/ 9