Senate Study Bill 3038 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF HUMAN SERVICES BILL) A BILL FOR An Act relating to the sealing and expungement of child abuse 1 registry information. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5282XD (2) 84 ad/nh
S.F. _____ H.F. _____ Section 1. Section 235A.18, subsection 1, paragraph a, Code 1 Supplement 2011, is amended to read as follows: 2 a. Report and disposition data relating to a particular 3 case of alleged child abuse shall be sealed ten years after 4 the initial placement of the data in the registry unless good 5 cause be shown why the data should remain open to authorized 6 access. If a subsequent report of an alleged case of child 7 abuse involving the child named in the initial data placed in 8 the registry as the victim of abuse or a person named in the 9 data as having abused a child is received by the department 10 within this ten-year period, the data shall be sealed ten years 11 after receipt of the subsequent report unless good cause be 12 shown why the data should remain open to authorized access. 13 However, such report and a person named in the initial data 14 placed in the registry as having abused a child shall have the 15 person’s name removed from the registry if that person has 16 not had a subsequent case of alleged abuse which resulted in 17 the person’s name being placed in the registry as the person 18 responsible for the abuse within the ten-year period. Report 19 and disposition data shall be made available to the department 20 of justice if the department requests access to the alleged 21 child abuse records for purposes of review by the prosecutor’s 22 review committee or commitment of sexually violent predators 23 under chapter 229A . 24 EXPLANATION 25 This bill amends Code section 235A.18, relating to sealing 26 and expungement of founded child abuse information. The bill 27 requires a person’s name to be removed from the child abuse 28 registry by the department of human services after 10 years as 29 long as that person has had no subsequent founded child abuse 30 report or reports during that 10-year time span. The bill 31 states the person’s name will be removed regardless of whether 32 the report and disposition data relating to the particular case 33 remain open to authorized access. 34 -1- LSB 5282XD (2) 84 ad/nh 1/ 1