H.F. 415 Section 1. Section 232.68, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 01. “Assessment” means the process by which 3 the department responds to all accepted reports of alleged 4 child abuse. An “assessment” addresses child safety, family 5 functioning, culturally competent practice, and identifies 6 the family strengths and needs, and engages the family in 7 services if needed. The department’s assessment process occurs 8 either through a child abuse assessment or a family assessment 9 response. As used in this subsection and this part: 10 a. “Child abuse assessment” means an assessment process by 11 which the department responds to all accepted reports of child 12 abuse which allege imminent danger or impact child safety. 13 A “child abuse assessment” results in a disposition and a 14 determination of whether a case meets the definition of child 15 abuse and a determination of whether criteria for placement on 16 the registry are met. 17 b. “Family assessment response” means an assessment process 18 by which the department responds to all accepted reports of 19 child abuse which do not allege imminent danger or impact child 20 safety. A “family assessment response” does not include a 21 determination of whether a case meets the definition of child 22 abuse and does not include a determination of whether criteria 23 for placement on the registry are met. 24 Sec. 2. Section 232.70, subsection 5, Code 2013, is amended 25 to read as follows: 26 5. Upon Immediately upon receipt of a report , the department 27 shall do all of the following: 28 a. Immediately, upon receipt of an oral report, make 29 a determination as to whether the report constitutes an 30 allegation of child abuse as defined in section 232.68 . 31 b. Notify the appropriate county attorney of the receipt of 32 the report. 33 Sec. 3. Section 232.71B, subsections 1, 3, 4, 10, 12, 13, 34 and 14, Code 2013, are amended to read as follows: 35 -1- LSB 2372YH (15) 85 ad/nh 1/ 18

H.F. 415 1. Commencement of assessment —— purpose. 1 a. If the department determines a report constitutes a child 2 abuse allegation, the department shall promptly commence an 3 appropriate either a child abuse assessment within twenty-four 4 hours of receiving the report or a family assessment response 5 within seventy-two hours of receiving the report . 6 (1) Upon acceptance of a report of child abuse, the 7 department shall commence a child abuse assessment when the 8 report alleges imminent danger or impacts a child’s safety. 9 (2) Upon acceptance of a report of child abuse, the 10 department shall commence a family assessment response when the 11 report does not allege imminent danger or impact child safety. 12 b. The primary purpose of either the child abuse assessment 13 response or the family assessment response shall be the 14 protection of the child named in the report. The secondary 15 purpose of the assessment either type of assessment shall be 16 to engage the child’s family in services to enhance family 17 strengths and to address needs. 18 3. Involvement of law enforcement. The department shall 19 apply protocols, developed with the local child protection 20 assistance team established pursuant to section 915.35 , to 21 prioritize the actions taken in response to a child abuse 22 reports assessment and to shall work jointly with child 23 protection assistance teams and law enforcement agencies in 24 performing assessment and investigative processes for child 25 abuse reports assessments in which a criminal act harming a 26 child is alleged. The county attorney and appropriate law 27 enforcement agencies shall also take any other lawful action 28 which may be necessary or advisable for the protection of the 29 child. If a report is determined not to constitute a child 30 abuse allegation or if the child abuse report is accepted 31 but assessed under the family assessment response , but a 32 criminal act harming a child is alleged, the department shall 33 immediately refer the matter to the appropriate law enforcement 34 agency. 35 -2- LSB 2372YH (15) 85 ad/nh 2/ 18

H.F. 415 4. Assessment process. The 1 a. A child abuse assessment is subject to or family 2 assessment response shall include all of the following: 3 (1) A safety assessment and risk assessment. If at any 4 time during a family assessment response, a child is determined 5 unsafe, it appears that the immediate safety or well-being of 6 a child is endangered, it appears that the family may flee or 7 the child may disappear, or the facts otherwise warrant, the 8 department shall immediately commence a child abuse assessment. 9 (2) An evaluation of the home environment. If concerns 10 regarding protection of children are identified by the child 11 protection worker, the child protection worker shall evaluate 12 the child named in the report and any other children in the 13 same home as the parents or other persons responsible for their 14 care. 15 b. In addition to the requirements of paragraph “a” , a child 16 abuse assessment shall include the following: 17 a. (1) Identification of the nature, extent, and cause of 18 the injuries, if any, to the child named in the report. 19 b. (2) Identification of the person or persons responsible 20 for the alleged child abuse. 21 c. (3) A description of the name, age, and condition of 22 other children in the same home as the child named in the 23 report. 24 d. An evaluation of the home environment. If concerns 25 regarding protection of children are identified by the child 26 protection worker, the child protection worker shall evaluate 27 the child named in the report and any other children in the 28 same home as the parents or other persons responsible for their 29 care. 30 e. (4) An interview of the person alleged to have committed 31 the child abuse, if the person’s identity and location are 32 known. The offer of an interview shall be made to the person 33 prior to any consideration or determination being made that 34 the person committed the alleged abuse. The person shall be 35 -3- LSB 2372YH (15) 85 ad/nh 3/ 18

H.F. 415 informed of the complaint or allegation made regarding the 1 person. The person shall be informed in a manner that protects 2 the confidentiality rights of the individual who reported the 3 child abuse or provided information as part of the assessment 4 process. The purpose of the interview shall be to provide the 5 person with the opportunity to explain or rebut the allegations 6 of the child abuse report or other allegations made during 7 the assessment. The court may waive the requirement to offer 8 the interview only for good cause. The person offered an 9 interview, or the person’s attorney on the person’s behalf, may 10 decline the offer of an interview of the person. 11 f. Unless otherwise prohibited under section 234.40 12 or 280.21 , the use of corporal punishment by the person 13 responsible for the care of a child which does not result in 14 a physical injury to the child shall not be considered child 15 abuse. 16 10. Multidisciplinary team. In each county or multicounty 17 area in which more than fifty child abuse reports are made 18 per year, the department shall establish a multidisciplinary 19 team, as defined in section 235A.13, subsection 8 . Upon the 20 department’s request, a multidisciplinary team shall assist the 21 department in the assessment, diagnosis, and disposition of a 22 child abuse report assessment . 23 12. Assessment report Written assessment statement . 24 a. The department, upon completion of the child abuse 25 assessment or the family assessment response , shall make a 26 written report statement of the assessment, in accordance with 27 all of the following: 28 a. (1) The written assessment statement shall incorporate 29 the information required by subsection 4 , paragraph “a” . 30 b. (2) The A written child abuse assessment statement shall 31 be completed within twenty business days of the receipt of the 32 report. A written family assessment response statement shall 33 be completed within ten business days of the receipt of the 34 report. 35 -4- LSB 2372YH (15) 85 ad/nh 4/ 18

H.F. 415 c. The written assessment shall include a description of 1 the child’s condition, identification of the injury or risk to 2 which the child was exposed, the circumstances which led to the 3 injury or risk to the child, and the identity of any person 4 alleged to be responsible for the injury or risk to the child. 5 d. (3) The written assessment statement shall identify the 6 strengths and needs of the child, and of the child’s parent, 7 home, and family. 8 e. (4) The written assessment statement shall identify 9 services available from the department and informal and formal 10 services and other support available in the community to 11 address the strengths and needs identified in the assessment. 12 f. (5) Upon completion of the assessment, the department 13 shall consult with the child’s family in offering services to 14 the child and the child’s family to address strengths and needs 15 identified in the assessment. 16 b. In addition to the requirements of paragraph “a” , 17 a written child abuse assessment statement shall include 18 a description of the child’s condition, identification 19 of the injury or risk to which the child was exposed, the 20 circumstances which led to the injury or risk to the child, and 21 the identity of any person alleged to be responsible for the 22 injury or risk to the child. 23 g. c. The Following a child abuse assessment, the 24 department shall notify each subject of the child abuse report, 25 as identified in section 235A.15, subsection 2 , paragraph “a” , 26 of the results of the child abuse assessment, of the subject’s 27 right, pursuant to section 235A.19 , to correct the report data 28 or disposition data which refers to the subject, and of the 29 procedures to correct the data. 30 d. Following a family assessment response, the department 31 shall notify the parent or guardian of each child listed in the 32 child abuse report of the completion of the family assessment 33 response and review any service recommendations. A person 34 named in a child abuse report as responsible for the alleged 35 -5- LSB 2372YH (15) 85 ad/nh 5/ 18

H.F. 415 child abuse shall not have the opportunity for a contested case 1 hearing pursuant to chapter 17A. 2 h. e. If after completing the assessment process the child 3 protection worker determines, with the concurrence of the 4 worker’s supervisor and the department’s area administrator, 5 that a child abuse report is a spurious report or that 6 protective concerns are not present, the portions of the 7 written assessment report statement described under paragraphs 8 “d” and “e” paragraph “a” , subparagraphs (3) and (4) shall not 9 be required. 10 13. Court-ordered and voluntary services. The department 11 shall provide or arrange for and monitor services for abused 12 children and their families on a voluntary basis or under a 13 final or intermediate order of the juvenile court in cases 14 where abuse has been confirmed during the course of a child 15 abuse assessment . 16 14. County attorney —— juvenile court. The department shall 17 provide the juvenile court and the county attorney with a copy 18 of the portion of the written child abuse assessment statement 19 pertaining to the child abuse report or the portion of the 20 written family assessment response statement pertaining to the 21 child abuse report for cases in which the department requests a 22 child in need of assistance petition . The juvenile court and 23 the county attorney shall notify the department of any action 24 taken concerning an assessment provided by the department. 25 Sec. 4. Section 232.71B, Code 2013, is amended by adding the 26 following new subsections: 27 NEW SUBSECTION . 4A. Child abuse determination. Unless 28 otherwise prohibited under section 234.40 or 280.21, the use of 29 corporal punishment by the person responsible for the care of a 30 child which does not result in a physical injury to the child 31 shall not be considered child abuse. 32 NEW SUBSECTION . 16. Rules. The department shall adopt 33 rules regarding the intake process, assessment process, 34 assessment summaries, contact with juvenile court or the 35 -6- LSB 2372YH (15) 85 ad/nh 6/ 18

H.F. 415 county attorney, involvement with law enforcement, case record 1 retention, and dissemination of records for both child abuse 2 assessments and family assessment responses. 3 Sec. 5. Section 232.71C, Code 2013, is amended to read as 4 follows: 5 232.71C Court action following child abuse assessment —— 6 guardian ad litem. 7 1. If, upon completion of an assessment performed under 8 section 232.71B , the department determines that the best 9 interests of the child require juvenile court action, the 10 department shall act appropriately to initiate the action. 11 If at any time during the assessment process the department 12 believes court action is necessary to safeguard a child, the 13 department shall act appropriately to initiate the action. The 14 county attorney shall assist the department as provided under 15 section 232.90, subsection 2 . 16 2. The department shall assist the juvenile court or 17 district court during all stages of court proceedings involving 18 an alleged child abuse case in accordance with the purposes of 19 this chapter . 20 3. In every case involving child abuse which results in 21 a child protective judicial proceeding, whether or not the 22 proceeding arises under this chapter , a guardian ad litem 23 shall be appointed by the court to represent the child in the 24 proceedings. Before a guardian ad litem is appointed pursuant 25 to this section , the court shall require the person responsible 26 for the care of the child to complete under oath a detailed 27 financial statement. If, on the basis of that financial 28 statement, the court determines that the person responsible for 29 the care of the child is able to bear the cost of the guardian 30 ad litem, the court shall so order. In cases where the person 31 responsible for the care of the child is unable to bear the 32 cost of the guardian ad litem, the expense shall be paid out of 33 the county treasury. 34 Sec. 6. Section 232.71D, subsection 1, Code 2013, is amended 35 -7- LSB 2372YH (15) 85 ad/nh 7/ 18

H.F. 415 to read as follows: 1 1. The requirements of this section shall apply to child 2 abuse information relating to a report of child abuse and to an 3 a child abuse assessment performed in accordance with section 4 232.71B . 5 Sec. 7. Section 232.71D, subsection 3, paragraph b, 6 subparagraph (2), Code 2013, is amended to read as follows: 7 (2) The department determines the acts or omissions of the 8 alleged perpetrator meet the definition of child abuse and the 9 department has previously determined within the eighteen-month 10 five-year period preceding the issuance of the department’s 11 report that the acts or omissions of the alleged perpetrator in 12 a prior case met the definition of child abuse. 13 Sec. 8. Section 232.71D, subsection 6, paragraph a, Code 14 2013, is amended by adding the following new subparagraph: 15 NEW SUBPARAGRAPH . (03) Information pertaining to a child 16 abuse report for which there was an assessment performed but no 17 determination was made as to whether the definition of child 18 abuse was met. 19 Sec. 9. Section 232.77, subsection 1, Code 2013, is amended 20 to read as follows: 21 1. A person who is required to report a case of child abuse 22 may take or cause to be taken, at public expense, photographs, 23 X rays, or other physical examinations or tests of a child 24 which would provide medical indication of allegations arising 25 from a child abuse an assessment. A health practitioner may, 26 if medically indicated, cause to be performed radiological 27 examination, physical examination, or other medical tests of 28 the child. A person who takes any photographs or X rays or 29 performs physical examinations or other tests pursuant to this 30 section shall notify the department that the photographs or X 31 rays have been taken or the examinations or other tests have 32 been performed. The person who made notification shall retain 33 the photographs or X rays or examination or test findings for 34 a reasonable time following the notification. Whenever the 35 -8- LSB 2372YH (15) 85 ad/nh 8/ 18

H.F. 415 person is required to report under section 232.69 , in that 1 person’s capacity as a member of the staff of a medical or 2 other private or public institution, agency or facility, that 3 person shall immediately notify the person in charge of the 4 institution, agency, or facility or that person’s designated 5 delegate of the need for photographs or X rays or examinations 6 or other tests. 7 Sec. 10. Section 232.141, subsection 6, Code 2013, is 8 amended to read as follows: 9 6. If a child is given physical or mental examinations or 10 treatment relating to a child abuse an assessment performed 11 pursuant to section 232.71B with the consent of the child’s 12 parent, guardian, or legal custodian and no other provision 13 of law otherwise requires payment for the costs of the 14 examination and treatment, the costs shall be paid by the 15 state. Reimbursement for costs of services described in this 16 subsection is subject to subsection 5 . 17 Sec. 11. Section 235A.13, subsection 10, paragraph f, Code 18 2013, is amended to read as follows: 19 f. A recording made of an interview conducted under chapter 20 232 in association with a child abuse an assessment. 21 Sec. 12. Section 235A.14, subsection 1, Code 2013, is 22 amended to read as follows: 23 1. There is created within the state department of 24 human services a central registry for certain child abuse 25 information. The department shall organize and staff the 26 registry and adopt rules for its operation. 27 Sec. 13. Section 235A.15, subsection 12, Code 2013, is 28 amended to read as follows: 29 12. If an individual who is the subject of a child abuse 30 report listed in subsection 2 , paragraph “a” , or another 31 party involved in a child abuse an assessment under section 32 232.71B releases in a public forum or to the media information 33 concerning a case of child abuse including but not limited to 34 child abuse information which would otherwise be confidential, 35 -9- LSB 2372YH (15) 85 ad/nh 9/ 18

H.F. 415 the director of human services, or the director’s designee, may 1 respond with relevant information concerning the case of child 2 abuse that was the subject of the release. Prior to releasing 3 the response, the director or the director’s designee shall 4 consult with the child’s parent or guardian, or the child’s 5 guardian ad litem, and apply to the court under section 235A.24 6 requesting a review of the information proposed for release and 7 an order authorizing release of the information. 8 Sec. 14. Section 235A.18, subsection 1, paragraph a, Code 9 2013, is amended to read as follows: 10 a. (1) Report and disposition data relating to a particular 11 case of alleged child abuse shall be sealed ten years after 12 the initial placement of the data in the registry unless good 13 cause be shown why the data should remain open to authorized 14 access. If a subsequent report of an alleged case of child 15 abuse involving the child named in the initial data placed in 16 the registry as the victim of abuse or a person named in the 17 data as having abused a child is received by the department 18 within this ten-year period , or within the period in which 19 the person’s name is in the central registry , the data shall 20 be sealed ten years after receipt of the subsequent report 21 unless good cause be shown why the data should remain open to 22 authorized access. However, a person named in the initial data 23 placed in the registry as having abused a child shall have the 24 person’s name removed from the registry if that person has 25 not had a subsequent case of alleged abuse which resulted in 26 the person’s name being placed in the registry as the person 27 responsible for the abuse within the ten-year period. Report 28 and disposition data shall be made available to the department 29 of justice if the department requests access to the alleged 30 child abuse records for purposes of review by the prosecutor’s 31 review committee or commitment of sexually violent predators 32 under chapter 229A . 33 (2) Notwithstanding subparagraph (1), a person named in the 34 initial data placed in the registry as having abused a child 35 -10- LSB 2372YH (15) 85 ad/nh 10/ 18

H.F. 415 shall have the person’s name removed from the registry after 1 ten years, if not previously removed from the registry pursuant 2 to the other provisions of this subsection, if that person has 3 not had a subsequent case of alleged abuse which resulted in 4 the person’s name being placed in the registry as the person 5 responsible for the abuse within the ten-year period. 6 (3) (a) A person named in the initial data placed in the 7 registry as having abused a child shall have the person’s name 8 removed from the registry after five years if the department 9 determined in the report and disposition data that the person 10 committed child abuse as defined in section 232.68, subsection 11 2, paragraph “a” , subparagraph (1), (4), (6), or (7). 12 (b) Subparagraph division (a) shall not apply, and the 13 name of a person named in the initial data as having abused a 14 child shall remain in the registry as described in subparagraph 15 (1), if the department determined in the initial report and 16 disposition data the person committed child abuse as defined in 17 section 232.68, subsection 2, paragraph “a” , subparagraph (1), 18 (4), (6), or (7) and the child abuse resulted in the child’s 19 death or a serious injury as defined in section 702.18. 20 Sec. 15. Section 235A.19, subsection 2, Code 2013, is 21 amended to read as follows: 22 2. At the time the notice of the results of an a child 23 abuse assessment performed in accordance with section 232.71B 24 is issued, the department shall provide notice to a person 25 named in the report as having abused a child of the right to 26 a contested case hearing and shall provide notice to subjects 27 other than the person named in the report as having abused a 28 child of the right to intervene in a contested case proceeding, 29 as provided in subsection 3 . 30 Sec. 16. Section 235A.19, subsection 3, paragraph a, Code 31 2013, is amended to read as follows: 32 a. A subject of a child abuse report may file with the 33 department within ninety days of the date of the notice of the 34 results of an a chid abuse assessment performed in accordance 35 -11- LSB 2372YH (15) 85 ad/nh 11/ 18

H.F. 415 with section 232.71B , a written statement to the effect that 1 report data and disposition data referring to the subject is 2 in whole or in part erroneous, and may request a correction 3 of that data or of the findings of the child abuse assessment 4 report. 5 Sec. 17. Section 915.35, subsection 4, paragraph b, Code 6 2013, is amended to read as follows: 7 b. A child protection assistance team may also consult 8 with or include juvenile court officers, medical and mental 9 health professionals, physicians or other hospital-based health 10 professionals, court-appointed special advocates, guardians ad 11 litem, and members of a multidisciplinary team created by the 12 department of human services for child abuse investigations. 13 A child protection assistance team may work cooperatively 14 with the early childhood Iowa area board established under 15 chapter 256I . The child protection assistance team shall 16 work with the department of human services in accordance with 17 section 232.71B, subsection 3 , in developing the protocols 18 for prioritizing the actions taken in response to child abuse 19 reports assessments and for law enforcement agencies working 20 jointly with the department at the local level in processes for 21 child abuse reports assessments . The department of justice may 22 provide training and other assistance to support the activities 23 of a child protection assistance team. 24 Sec. 18. DEPARTMENT OF HUMAN SERVICES REVIEW —— DISCRETION 25 FOR EARLY REMOVAL FROM REGISTRY. 26 1. The department of human services, in conjunction with 27 the department of inspections and appeals, the office of the 28 attorney general, and other stakeholders as deemed appropriate 29 by the department of human services, shall review and make 30 recommendations regarding a process for the removal of the 31 name of a person named in the initial data placed in the 32 central child abuse registry as having abused a child, at the 33 discretion of the department of human services, prior to the 34 five-year period as provided in section 235A.18, subsection 1, 35 -12- LSB 2372YH (15) 85 ad/nh 12/ 18

H.F. 415 paragraph “a”, subparagraph (3), subparagraph division (a), as 1 enacted in this Act, or the ten-year period pursuant to section 2 235A.18, subsection 1, paragraph “a”, subparagraph (1) or (2), 3 as amended in this Act. 4 2. The review and recommendations shall include specific 5 criteria the department of human services shall consider and 6 additional criteria the department of human services may 7 consider in making a determination of whether to remove a 8 person from the registry, the application process or other 9 recommended action that would commence the department’s 10 determination of whether to remove the person from the 11 registry, the appeal process necessary in order to ensure 12 adequate protection of a person’s due process rights, and cost 13 projections for the recommendations. 14 3. The department of human services, shall, by December 1, 15 2013, submit a report of its review and recommendations to the 16 governor and the general assembly. 17 Sec. 19. EFFECTIVE DATE. The following provision or 18 provisions of this Act take effect January 1, 2014: 19 1. The section of this Act amending sections 232.68, 20 232.70, 232.71B, 232.71C, and 232.71D, subsections 1 and 6, and 21 sections 232.77, 232.141, 235A.13, 235A.14, 235A.15, 235A.19, 22 and 915.35. 23 Sec. 20. APPLICABILITY. 24 1. The section of this Act amending section 232.71D, 25 subsection 3, relating to the placement of the names of the 26 child and the alleged perpetrator of the alleged child abuse 27 and any other child abuse information on the central registry 28 for child abuse information due to a prior case in which the 29 department determined the case met the definition of child 30 abuse, applies to cases in which the prior case which met the 31 definition of child abuse occurred on or after the effective 32 date of that section of this Act. 33 2. The section of this Act amending section 235A.18, 34 subsection 1, paragraph “a”, relating to removal of the name 35 -13- LSB 2372YH (15) 85 ad/nh 13/ 18

H.F. 415 of a person named in the initial data placed in the central 1 registry for child abuse information as having abused a child, 2 shall apply to the name of an alleged perpetrator of the 3 alleged child abuse which is placed in the central registry 4 pursuant to section 232.71D on or after the effective date of 5 that section of this Act. 6 EXPLANATION 7 This bill relates to child abuse reporting, assessment 8 procedures, and placement on and removal from the central 9 registry for child abuse information. 10 MULTIPATH ASSESSMENT PROCESS. Current law provides that, 11 upon receipt of a child abuse report, the department of human 12 services (DHS) immediately determines whether the report 13 constitutes an allegation of child abuse which will lead to the 14 commencement of an assessment. The bill removes language that 15 requires DHS to notify the appropriate county attorney of the 16 receipt of the report. 17 The bill establishes a new assessment process upon the 18 receipt of a child abuse report. The bill provides that an 19 assessment will be conducted as a child abuse assessment if 20 the child abuse report alleges imminent danger or impacts 21 the child’s safety. A child abuse assessment results in a 22 disposition. DHS makes a determination of whether the alleged 23 child abuse meets the definition of child abuse and makes 24 a determination of whether the case meets the criteria for 25 placement on the central registry for child abuse information. 26 This type of assessment is the current procedure upon receipt 27 of a child abuse report. 28 The bill adds a family assessment response as another type of 29 assessment process, which is to be conducted if the child abuse 30 report does not allege imminent danger and does not impact a 31 child’s safety. DHS will not make a determination of whether 32 the alleged child abuse meets the definition of child abuse 33 pursuant to a family assessment response. DHS also will not 34 make a determination of whether the case meets the criteria for 35 -14- LSB 2372YH (15) 85 ad/nh 14/ 18

H.F. 415 placement on the central registry for child abuse information 1 under this assessment process. However, the bill provides that 2 if, during a family assessment response, it is determined a 3 child is unsafe, it appears the immediate safety or well-being 4 of a child is endangered, the family may flee, the child may 5 disappear, or if other facts so warrant, DHS shall immediately 6 commence a child abuse assessment. 7 Upon receipt of a child abuse report and acceptance that 8 the child abuse report alleges an incident of child abuse, the 9 bill requires DHS to commence either a child abuse assessment 10 within 24 hours of receiving that report or a family assessment 11 response within 72 hours of receiving that report. 12 The bill provides that DHS is only required to apply the 13 current protocols, which are developed with the local child 14 protection assistance team, to prioritize actions and to work 15 with child protection assistance teams and law enforcement 16 agencies in response to a child abuse assessment, not a family 17 assessment response. However, the bill does require DHS to 18 immediately refer the matter to the appropriate law enforcement 19 agency if a child abuse report is assessed under the family 20 assessment response and a criminal act harming a child is 21 alleged. 22 The bill provides that a child abuse assessment shall be 23 conducted as provided under current law. The bill establishes 24 the process for the family assessment response. Both a child 25 abuse assessment and a family assessment response include a 26 safety assessment, a risk assessment, and an evaluation of the 27 home environment. 28 A child abuse assessment also requires, pursuant to current 29 law, the identification of the nature, extent, and cause of 30 injuries to the child named in the report, the identification 31 of the person or persons responsible for the alleged child 32 abuse, a description of the name, age, and condition of other 33 children in the same home as the child named in the report, 34 and an interview of the person alleged to have committed the 35 -15- LSB 2372YH (15) 85 ad/nh 15/ 18

H.F. 415 child abuse. Both the child abuse assessment and the family 1 assessment response may include a home visit, facility or 2 school visit, information request, protective disclosure, and 3 physical examination pursuant to Code section 232.71B. 4 The bill requires DHS to make a written assessment statement 5 for both a child abuse assessment and the family assessment 6 response. The statements must include information related to 7 the safety assessment and risk assessment, information related 8 to an evaluation of the home environment, identification of the 9 strengths and needs of the child, the child’s parent, home, and 10 family, and an identification of services available from DHS 11 and other services available in the community. Upon completion 12 of the written assessment statement for either the child abuse 13 assessment or a family assessment response, DHS must consult 14 with the child’s family to offer services to the child and the 15 child’s family. The bill retains current requirements for 16 written child abuse assessment statements. 17 A written child abuse assessment statement must be completed 18 within 20 business days of the receipt of the child abuse 19 report and a written family assessment response statement must 20 be completed within 10 business days of the receipt of the 21 report. 22 The bill provides that after a family assessment response, 23 DHS must provide notice to the parent or guardian of a child 24 listed in the child abuse report of the completion of the 25 assessment and review any service recommendations. Notice to a 26 person named in the initial child abuse report as responsible 27 for the alleged child abuse is not required, as that person 28 does not have the opportunity for a contested case hearing 29 since DHS did not make a determination of whether child abuse 30 occurred and the information arising from a family assessment 31 response is not reported to the registry. 32 The bill provides that DHS must provide the juvenile court 33 and the county attorney with the portion of a written child 34 abuse assessment statement pertaining to the child abuse 35 -16- LSB 2372YH (15) 85 ad/nh 16/ 18

H.F. 415 report. However, DHS only needs to provide such portion of 1 the written family assessment response statement in cases in 2 which DHS is requesting a child in need of assistance petition. 3 DHS may request court action following either a child abuse 4 assessment or family assessment response. 5 The bill states that the requirements of section 232.71D, 6 relating to the central registry, apply to child abuse 7 information relating to a report of child abuse and a child 8 abuse assessment, but not to a family assessment response. 9 The bill provides that the confidentiality of information 10 relating to an assessment in which no determination was made 11 as to whether the definition of child abuse was met shall be 12 maintained in accordance with Code section 217.30. 13 The bill requires DHS to adopt rules regarding the intake 14 process, assessment process, assessment summaries, contact 15 with juvenile court or the county attorney, involvement with 16 law enforcement, case record retention, and dissemination of 17 records for both child abuse assessments and family assessment 18 responses. 19 The bill provides that the provisions relating to the 20 establishment of a multipath assessment process upon the 21 receipt of a child abuse report are effective January 1, 2014. 22 CENTRAL CHILD ABUSE REGISTRY. Current law provides that 23 the names of the child and the alleged perpetrator of the 24 alleged child abuse and any other child abuse information shall 25 be placed in the central registry as a case of founded child 26 abuse if DHS determines the acts or omissions of the alleged 27 perpetrator meet the definition of child abuse and DHS has 28 determined within the preceding 18 months that the acts or 29 omissions of the alleged perpetrator in a prior case met the 30 definition of child abuse. The bill increases the amount of 31 time between the current offense and the previous offense, from 32 18 months to five years, for which a previous determination 33 of child abuse will result in placement on the registry. 34 This section of the bill is applicable to cases in which the 35 -17- LSB 2372YH (15) 85 ad/nh 17/ 18

H.F. 415 previous case that met the definition of child abuse occurred 1 on or after the effective date of the bill. 2 The bill also provides for the removal of the name of a 3 person named in the central registry for child abuse as having 4 abused a child after five years rather than the 10 years 5 currently required if in the report and disposition data, DHS 6 determined the person committed one of the following types 7 of child abuse as defined in Code section 232.68: physical 8 injury, failure to provide critical care, the presence of an 9 illegal drug in the child’s body, and the manufacture and 10 possession of a dangerous substance in the child’s presence. 11 However, the name of such a person named in the initial data 12 placed on the registry as having abused a child shall not be 13 removed after five years if the child abuse resulted in a 14 child’s death or serious injury of the child as defined in 15 Code section 702.18. The bill provides that the Code section 16 regarding removal of the name of a person from the registry 17 after five years applies to report and disposition data placed 18 on the registry on or after the effective date of the bill. 19 The bill requires DHS, in conjunction with the department of 20 inspections and appeals, the office of the attorney general, 21 and other stakeholders deemed appropriate by DHS, to review and 22 make recommendations regarding the process for the removal of 23 a person from the child abuse registry prior to the five-year 24 period as allowed under the bill, or the 10-year period 25 currently provided. The bill states that the review shall 26 include specific criteria that DHS must and could consider 27 in determining whether to remove a person from the registry, 28 the application process or other action which would commence 29 DHS’s determination of whether to remove the person from the 30 registry, the appeal process necessary to ensure protection 31 of a person’s due process rights, and cost projections for 32 recommendations. The bill requires DHS to submit the report of 33 the review and recommendations to the governor and the general 34 assembly by December 1, 2013. 35 -18- LSB 2372YH (15) 85 ad/nh 18/ 18