House File 590 - Introduced HOUSE FILE 590 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HF 415) A BILL FOR An Act relating to child abuse reporting, assessment 1 procedures, and placement on the central registry for 2 child abuse, and including effective date and applicability 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2372HV (4) 85 ad/nh

H.F. 590 Section 1. Section 232.68, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4A. “Differential response” means an 3 assessment system in which there are two discrete pathways 4 to respond to accepted reports of child abuse, a child 5 abuse assessment and a family assessment. The child abuse 6 assessment pathway shall require a determination of abuse and a 7 determination of whether criteria for placement on the central 8 abuse registry are met. As used in this subsection and this 9 part: 10 a. “Assessment” means the process by which the department 11 responds to all accepted reports of alleged child abuse. An 12 “assessment” addresses child safety, family functioning, 13 culturally competent practice, and identifies the family 14 strengths and needs, and engages the family in services if 15 needed. The department’s assessment process occurs either 16 through a child abuse assessment or a family assessment. 17 b. “Child abuse assessment” means an assessment process by 18 which the department responds to all accepted reports of child 19 abuse which allege imminent danger or impact child safety. 20 A “child abuse assessment” results in a disposition and a 21 determination of whether a case meets the definition of child 22 abuse and a determination of whether criteria for placement on 23 the registry are met. 24 c. “Family assessment” means an assessment process by which 25 the department responds to all accepted reports of child abuse 26 which do not allege imminent danger or impact child safety. A 27 “family assessment” does not include a determination of whether 28 a case meets the definition of child abuse and does not include 29 a determination of whether criteria for placement on the 30 registry are met. 31 Sec. 2. Section 232.70, subsection 5, Code 2013, is amended 32 to read as follows: 33 5. Upon Immediately upon receipt of a report , the department 34 shall do all of the following: 35 -1- LSB 2372HV (4) 85 ad/nh 1/ 19

H.F. 590 a. Immediately, upon receipt of an oral report, make 1 a determination as to whether the report constitutes an 2 allegation of child abuse as defined in section 232.68 . 3 b. Notify the appropriate county attorney of the receipt of 4 the report. 5 Sec. 3. Section 232.71B, subsections 1, 3, 4, 10, 12, 13, 6 and 14, Code 2013, are amended to read as follows: 7 1. Commencement of assessment —— differential response —— 8 purpose. 9 a. If the department determines a report constitutes a child 10 abuse allegation, the department shall promptly commence an 11 appropriate either a child abuse assessment within twenty-four 12 hours of receiving the report or a family assessment within 13 seventy-two hours of receiving the report . 14 (1) Upon acceptance of a report of child abuse, the 15 department shall commence a child abuse assessment when the 16 report alleges imminent danger or impacts a child’s safety. 17 (2) Upon acceptance of a report of child abuse, the 18 department shall commence a family assessment when the report 19 does not allege imminent danger or impact child safety. 20 b. The primary purpose of either the child abuse assessment 21 or the family assessment shall be the protection of the child 22 named in the report. The secondary purpose of the assessment 23 either type of assessment shall be to engage the child’s family 24 in services to enhance family strengths and to address needs. 25 3. Involvement of law enforcement. The department shall 26 apply protocols, developed with the local child protection 27 assistance team established pursuant to section 915.35 , to 28 prioritize the actions taken in response to a child abuse 29 reports assessment and to shall work jointly with child 30 protection assistance teams and law enforcement agencies in 31 performing assessment and investigative processes for child 32 abuse reports assessments in which a criminal act harming a 33 child is alleged. The county attorney and appropriate law 34 enforcement agencies shall also take any other lawful action 35 -2- LSB 2372HV (4) 85 ad/nh 2/ 19

H.F. 590 which may be necessary or advisable for the protection of the 1 child. If a report is determined not to constitute a child 2 abuse allegation or if the child abuse report is accepted 3 but assessed under the family assessment , but a criminal act 4 harming a child is alleged, the department shall immediately 5 refer the matter to the appropriate law enforcement agency. 6 4. Assessment process. The 7 a. A child abuse assessment is subject to or family 8 assessment shall include all of the following: 9 (1) A safety assessment and risk assessment. If at any time 10 during a family assessment, a child is determined unsafe, it 11 appears that the immediate safety or well-being of a child is 12 endangered, it appears that the family may flee or the child 13 may disappear, or the facts otherwise warrant, the department 14 shall immediately commence a child abuse assessment. 15 (2) An evaluation of the home environment. If concerns 16 regarding protection of children are identified by the child 17 protection worker, the child protection worker shall evaluate 18 the child named in the report and any other children in the 19 same home as the parents or other persons responsible for their 20 care. 21 b. In addition to the requirements of paragraph “a” , a child 22 abuse assessment shall include the following: 23 a. (1) Identification of the nature, extent, and cause of 24 the injuries, if any, to the child named in the report. 25 b. (2) Identification of the person or persons responsible 26 for the alleged child abuse. 27 c. (3) A description of the name, age, and condition of 28 other children in the same home as the child named in the 29 report. 30 d. An evaluation of the home environment. If concerns 31 regarding protection of children are identified by the child 32 protection worker, the child protection worker shall evaluate 33 the child named in the report and any other children in the 34 same home as the parents or other persons responsible for their 35 -3- LSB 2372HV (4) 85 ad/nh 3/ 19

H.F. 590 care. 1 e. (4) An interview of the person alleged to have committed 2 the child abuse, if the person’s identity and location are 3 known. The offer of an interview shall be made to the person 4 prior to any consideration or determination being made that 5 the person committed the alleged abuse. The person shall be 6 informed of the complaint or allegation made regarding the 7 person. The person shall be informed in a manner that protects 8 the confidentiality rights of the individual who reported the 9 child abuse or provided information as part of the assessment 10 process. The purpose of the interview shall be to provide the 11 person with the opportunity to explain or rebut the allegations 12 of the child abuse report or other allegations made during 13 the assessment. The court may waive the requirement to offer 14 the interview only for good cause. The person offered an 15 interview, or the person’s attorney on the person’s behalf, may 16 decline the offer of an interview of the person. 17 f. Unless otherwise prohibited under section 234.40 18 or 280.21 , the use of corporal punishment by the person 19 responsible for the care of a child which does not result in 20 a physical injury to the child shall not be considered child 21 abuse. 22 10. Multidisciplinary team. In each county or multicounty 23 area in which more than fifty child abuse reports are made 24 per year, the department shall establish a multidisciplinary 25 team, as defined in section 235A.13, subsection 8 . Upon the 26 department’s request, a multidisciplinary team shall assist the 27 department in the assessment, diagnosis, and disposition of a 28 child abuse report assessment . 29 12. Assessment Written assessment report. 30 a. The department, upon completion of the child abuse 31 assessment or the family assessment , shall make a written 32 report of the assessment, in accordance with all of the 33 following: 34 a. (1) The written assessment report shall incorporate the 35 -4- LSB 2372HV (4) 85 ad/nh 4/ 19

H.F. 590 information required by subsection 4 , paragraph “a” . 1 b. (2) The A written child abuse assessment report shall 2 be completed within twenty business days of the receipt of the 3 child abuse report. A written family assessment report shall 4 be completed within ten business days of the receipt of the 5 child abuse report. 6 c. The written assessment shall include a description of 7 the child’s condition, identification of the injury or risk to 8 which the child was exposed, the circumstances which led to the 9 injury or risk to the child, and the identity of any person 10 alleged to be responsible for the injury or risk to the child. 11 d. (3) The written assessment report shall identify the 12 strengths and needs of the child, and of the child’s parent, 13 home, and family. 14 e. (4) The written assessment report shall identify 15 services available from the department and informal and formal 16 services and other support available in the community to 17 address the strengths and needs identified in the assessment. 18 f. (5) Upon completion of the assessment, the department 19 shall consult with the child’s family in offering services to 20 the child and the child’s family to address strengths and needs 21 identified in the assessment. 22 b. In addition to the requirements of paragraph “a” , 23 a written child abuse assessment report shall include a 24 description of the child’s condition, identification of 25 the injury or risk to which the child was exposed, the 26 circumstances which led to the injury or risk to the child, and 27 the identity of any person alleged to be responsible for the 28 injury or risk to the child. 29 g. c. The Following a child abuse assessment, the 30 department shall notify each subject of the child abuse report, 31 as identified in section 235A.15, subsection 2 , paragraph “a” , 32 of the results of the child abuse assessment, of the subject’s 33 right, pursuant to section 235A.19 , to correct the report data 34 or disposition data which refers to the subject, and of the 35 -5- LSB 2372HV (4) 85 ad/nh 5/ 19

H.F. 590 procedures to correct the data. 1 d. Following a family assessment, the department shall 2 notify the parent or guardian of each child listed in the 3 child abuse report of the completion of the family assessment 4 and review any service recommendations. For cases assessed 5 pursuant to a family assessment, a person named in a child 6 abuse report as responsible for the alleged child abuse shall 7 not have the opportunity for a contested case hearing pursuant 8 to chapter 17A. 9 h. e. If after completing the child abuse assessment 10 process the child protection worker determines, with the 11 concurrence of the worker’s supervisor and the department’s 12 area administrator, that a child abuse report is a spurious 13 report or that protective concerns are not present, the 14 portions of the written assessment report described under 15 paragraphs “d” and “e” paragraph “a” , subparagraphs (3) and (4) 16 shall not be required. 17 13. Court-ordered and voluntary services. The In cases where 18 abuse has been determined founded during the course of a child 19 abuse assessment, the department shall provide or arrange for 20 and monitor services for abused children and their families on 21 a voluntary basis or under a final or intermediate order of the 22 juvenile court. 23 14. County attorney —— juvenile court. The department 24 shall provide the juvenile court and the county attorney with 25 a copy of the portion of the written child abuse assessment 26 report pertaining to the child abuse report , the portion of 27 the written family assessment report pertaining to the child 28 abuse report for cases in which the department requests a child 29 in need of assistance petition, or other reports for cases in 30 which the department requests a child in need of assistance 31 petition . The juvenile court and the county attorney shall 32 notify the department of any action taken concerning an 33 assessment provided by the department. 34 Sec. 4. Section 232.71B, Code 2013, is amended by adding the 35 -6- LSB 2372HV (4) 85 ad/nh 6/ 19

H.F. 590 following new subsections: 1 NEW SUBSECTION . 4A. Child abuse determination. Unless 2 otherwise prohibited under section 234.40 or 280.21, the use of 3 corporal punishment by the person responsible for the care of a 4 child which does not result in a physical injury to the child 5 shall not be considered child abuse. 6 NEW SUBSECTION . 16. Rules. The department shall adopt 7 rules regarding the intake process, assessment process, 8 assessment summaries, contact with juvenile court or the 9 county attorney, involvement with law enforcement, case record 10 retention, and dissemination of records for both child abuse 11 assessments and family assessments. 12 Sec. 5. Section 232.71C, Code 2013, is amended to read as 13 follows: 14 232.71C Court action following child abuse assessment —— 15 guardian ad litem. 16 1. If, upon completion of an assessment performed under 17 section 232.71B , the department determines that the best 18 interests of the child require juvenile court action, the 19 department shall act appropriately to initiate the action. 20 If at any time during the assessment process the department 21 believes court action is necessary to safeguard a child, the 22 department shall act appropriately to initiate the action. The 23 county attorney shall assist the department as provided under 24 section 232.90, subsection 2 . 25 2. The department shall assist the juvenile court or 26 district court during all stages of court proceedings involving 27 an alleged child abuse case in accordance with the purposes of 28 this chapter . 29 3. In every case involving child abuse which results in 30 a child protective judicial proceeding, whether or not the 31 proceeding arises under this chapter , a guardian ad litem 32 shall be appointed by the court to represent the child in the 33 proceedings. Before a guardian ad litem is appointed pursuant 34 to this section , the court shall require the person responsible 35 -7- LSB 2372HV (4) 85 ad/nh 7/ 19

H.F. 590 for the care of the child to complete under oath a detailed 1 financial statement. If, on the basis of that financial 2 statement, the court determines that the person responsible for 3 the care of the child is able to bear the cost of the guardian 4 ad litem, the court shall so order. In cases where the person 5 responsible for the care of the child is unable to bear the 6 cost of the guardian ad litem, the expense shall be paid out of 7 the county treasury. 8 Sec. 6. Section 232.71D, subsection 1, Code 2013, is amended 9 to read as follows: 10 1. The requirements of this section shall apply to child 11 abuse information relating to a report of child abuse and to an 12 a child abuse assessment performed in accordance with section 13 232.71B . 14 Sec. 7. Section 232.71D, subsection 3, paragraph b, 15 subparagraph (2), Code 2013, is amended to read as follows: 16 (2) The department determines the acts or omissions of the 17 alleged perpetrator meet the definition of child abuse and the 18 department has previously determined within the eighteen-month 19 five-year period preceding the issuance of the department’s 20 report that the acts or omissions of the alleged perpetrator in 21 a prior case met the definition of child abuse. 22 Sec. 8. Section 232.71D, subsection 6, paragraph a, Code 23 2013, is amended by adding the following new subparagraph: 24 NEW SUBPARAGRAPH . (03) Information pertaining to a child 25 abuse report for which there was an assessment performed but no 26 determination was made as to whether the definition of child 27 abuse was met. 28 Sec. 9. Section 232.77, subsection 1, Code 2013, is amended 29 to read as follows: 30 1. A person who is required to report a case of child abuse 31 may take or cause to be taken, at public expense, photographs, 32 X rays, or other physical examinations or tests of a child 33 which would provide medical indication of allegations arising 34 from a child abuse an assessment. A health practitioner may, 35 -8- LSB 2372HV (4) 85 ad/nh 8/ 19

H.F. 590 if medically indicated, cause to be performed radiological 1 examination, physical examination, or other medical tests of 2 the child. A person who takes any photographs or X rays or 3 performs physical examinations or other tests pursuant to this 4 section shall notify the department that the photographs or X 5 rays have been taken or the examinations or other tests have 6 been performed. The person who made notification shall retain 7 the photographs or X rays or examination or test findings for 8 a reasonable time following the notification. Whenever the 9 person is required to report under section 232.69 , in that 10 person’s capacity as a member of the staff of a medical or 11 other private or public institution, agency or facility, that 12 person shall immediately notify the person in charge of the 13 institution, agency, or facility or that person’s designated 14 delegate of the need for photographs or X rays or examinations 15 or other tests. 16 Sec. 10. Section 232.141, subsection 6, Code 2013, is 17 amended to read as follows: 18 6. If a child is given physical or mental examinations or 19 treatment relating to a child abuse an assessment performed 20 pursuant to section 232.71B with the consent of the child’s 21 parent, guardian, or legal custodian and no other provision 22 of law otherwise requires payment for the costs of the 23 examination and treatment, the costs shall be paid by the 24 state. Reimbursement for costs of services described in this 25 subsection is subject to subsection 5 . 26 Sec. 11. Section 235A.13, subsection 10, paragraph f, Code 27 2013, is amended to read as follows: 28 f. A recording made of an interview conducted under chapter 29 232 in association with a child abuse an assessment. 30 Sec. 12. Section 235A.14, subsection 1, Code 2013, is 31 amended to read as follows: 32 1. There is created within the state department of 33 human services a central registry for certain child abuse 34 information. The department shall organize and staff the 35 -9- LSB 2372HV (4) 85 ad/nh 9/ 19

H.F. 590 registry and adopt rules for its operation. 1 Sec. 13. Section 235A.15, subsection 12, Code 2013, is 2 amended to read as follows: 3 12. If an individual who is the subject of a child abuse 4 report listed in subsection 2 , paragraph “a” , or another 5 party involved in a child abuse an assessment under section 6 232.71B releases in a public forum or to the media information 7 concerning a case of child abuse including but not limited to 8 child abuse information which would otherwise be confidential, 9 the director of human services, or the director’s designee, may 10 respond with relevant information concerning the case of child 11 abuse that was the subject of the release. Prior to releasing 12 the response, the director or the director’s designee shall 13 consult with the child’s parent or guardian, or the child’s 14 guardian ad litem, and apply to the court under section 235A.24 15 requesting a review of the information proposed for release and 16 an order authorizing release of the information. 17 Sec. 14. Section 235A.18, subsection 1, paragraph a, Code 18 2013, is amended to read as follows: 19 a. (1) Report and disposition data relating to a particular 20 case of alleged child abuse shall be sealed ten years after 21 the initial placement of the data in the registry unless good 22 cause be shown why the data should remain open to authorized 23 access. If a subsequent report of an alleged case of child 24 abuse involving the child named in the initial data placed in 25 the registry as the victim of abuse or a person named in the 26 data as having abused a child is received by the department 27 within this ten-year period , or within the period in which 28 the person’s name is in the central registry , the data shall 29 be sealed ten years after receipt of the subsequent report 30 unless good cause be shown why the data should remain open to 31 authorized access. However, a person named in the initial data 32 placed in the registry as having abused a child shall have the 33 person’s name removed from the registry if that person has 34 not had a subsequent case of alleged abuse which resulted in 35 -10- LSB 2372HV (4) 85 ad/nh 10/ 19

H.F. 590 the person’s name being placed in the registry as the person 1 responsible for the abuse within the ten-year period. Report 2 and disposition data shall be made available to the department 3 of justice if the department requests access to the alleged 4 child abuse records for purposes of review by the prosecutor’s 5 review committee or commitment of sexually violent predators 6 under chapter 229A . 7 (2) Notwithstanding subparagraph (1), a person named in the 8 initial data placed in the registry as having abused a child 9 shall have the person’s name removed from the registry after 10 ten years, if not previously removed from the registry pursuant 11 to the other provisions of this subsection, if that person has 12 not had a subsequent case of alleged abuse which resulted in 13 the person’s name being placed in the registry as the person 14 responsible for the abuse within the ten-year period. 15 (3) (a) A person named in the initial data placed in the 16 registry as having abused a child shall have the person’s name 17 removed from the registry after five years if the department 18 determined in the report and disposition data that the person 19 committed child abuse as defined in section 232.68, subsection 20 2, paragraph “a” , subparagraph (1), (4), (6), or (7). 21 (b) Subparagraph division (a) shall not apply, and the 22 name of a person named in the initial data as having abused a 23 child shall remain in the registry as described in subparagraph 24 (1), if the department determined in the initial report and 25 disposition data the person committed child abuse as defined in 26 section 232.68, subsection 2, paragraph “a” , subparagraph (1), 27 (4), (6), or (7) and the child abuse resulted in the child’s 28 death or a serious injury. 29 Sec. 15. Section 235A.19, subsection 2, Code 2013, is 30 amended to read as follows: 31 2. At the time the notice of the results of an a child 32 abuse assessment performed in accordance with section 232.71B 33 is issued, the department shall provide notice to a person 34 named in the report as having abused a child of the right to 35 -11- LSB 2372HV (4) 85 ad/nh 11/ 19

H.F. 590 a contested case hearing and shall provide notice to subjects 1 other than the person named in the report as having abused a 2 child of the right to intervene in a contested case proceeding, 3 as provided in subsection 3 . 4 Sec. 16. Section 235A.19, subsection 3, paragraph a, Code 5 2013, is amended to read as follows: 6 a. A subject of a child abuse report may file with the 7 department within ninety days of the date of the notice of the 8 results of an a child abuse assessment performed in accordance 9 with section 232.71B , a written statement to the effect that 10 report data and disposition data referring to the subject is 11 in whole or in part erroneous, and may request a correction 12 of that data or of the findings of the child abuse assessment 13 report. 14 Sec. 17. Section 915.35, subsection 4, paragraph b, Code 15 2013, is amended to read as follows: 16 b. A child protection assistance team may also consult 17 with or include juvenile court officers, medical and mental 18 health professionals, physicians or other hospital-based health 19 professionals, court-appointed special advocates, guardians ad 20 litem, and members of a multidisciplinary team created by the 21 department of human services for child abuse investigations. 22 A child protection assistance team may work cooperatively 23 with the early childhood Iowa area board established under 24 chapter 256I . The child protection assistance team shall 25 work with the department of human services in accordance with 26 section 232.71B, subsection 3 , in developing the protocols 27 for prioritizing the actions taken in response to child abuse 28 reports assessments and for law enforcement agencies working 29 jointly with the department at the local level in processes for 30 child abuse reports assessments . The department of justice may 31 provide training and other assistance to support the activities 32 of a child protection assistance team. 33 Sec. 18. DEPARTMENT OF HUMAN SERVICES REVIEW —— DISCRETION 34 FOR EARLY REMOVAL FROM REGISTRY. 35 -12- LSB 2372HV (4) 85 ad/nh 12/ 19

H.F. 590 1. The department of human services, in conjunction with 1 the department of inspections and appeals, the office of the 2 attorney general, and other stakeholders as deemed appropriate 3 by the department of human services, shall review and make 4 recommendations regarding a process for the removal of the 5 name of a person named in the initial data placed in the 6 central child abuse registry as having abused a child, at the 7 discretion of the department of human services, prior to the 8 five-year period as provided in section 235A.18, subsection 1, 9 paragraph “a”, subparagraph (3), subparagraph division (a), as 10 enacted in this Act, or the ten-year period pursuant to section 11 235A.18, subsection 1, paragraph “a”, subparagraph (1) or (2), 12 as amended in this Act. 13 2. The review and recommendations shall include specific 14 criteria the department of human services shall consider and 15 additional criteria the department of human services may 16 consider in making a determination of whether to remove a 17 person from the registry, the application process or other 18 recommended action that would commence the department’s 19 determination of whether to remove the person from the 20 registry, the appeal process necessary in order to ensure 21 adequate protection of a person’s due process rights, and cost 22 projections for the recommendations. 23 3. The department of human services, shall, by December 1, 24 2013, submit a report of its review and recommendations to the 25 governor and the general assembly. 26 Sec. 19. RULES. The department of human services shall 27 adopt rules to implement this Act. 28 Sec. 20. EFFECTIVE UPON ENACTMENT. The following 29 provision or provisions of this Act, being deemed of immediate 30 importance, take effect upon enactment: 31 1. The section of this Act requiring the department of human 32 services to adopt rules. 33 Sec. 21. EFFECTIVE DATE AND IMPLEMENTATION. The following 34 provision or provisions of this Act take effect January 35 -13- LSB 2372HV (4) 85 ad/nh 13/ 19

H.F. 590 1, 2014, except that the department of human services may 1 begin implementation prior to January 1, 2014, to the extent 2 necessary to transition to full implementation of these 3 provisions of this Act: 4 1. The sections of this Act amending sections 232.68, 5 232.70, 232.71B, 232.71C, 232.71D, 232.77, 232.141, 235A.13, 6 235A.14, 235A.15, 235A.18, 235A.19, and 915.35. 7 Sec. 22. APPLICABILITY. 8 1. The section of this Act amending section 232.71D, 9 subsection 3, relating to the placement of the names of the 10 child and the alleged perpetrator of the alleged child abuse 11 and any other child abuse information on the central registry 12 for child abuse information due to a prior case in which the 13 department determined the case met the definition of child 14 abuse, applies to cases in which the prior case which met the 15 definition of child abuse occurred on or after the effective 16 date of that section of this Act. 17 2. The section of this Act amending section 235A.18, 18 subsection 1, paragraph “a”, relating to removal of the name 19 of a person named in the initial data placed in the central 20 registry for child abuse information as having abused a child, 21 shall apply to the name of an alleged perpetrator of the 22 alleged child abuse which is placed in the central registry 23 pursuant to section 232.71D on or after the effective date of 24 that section of this Act. 25 EXPLANATION 26 This bill relates to child abuse reporting, assessment 27 procedures, and placement on and removal from the central 28 registry for child abuse information. 29 MULTIPATH ASSESSMENT PROCESS. Current law provides that, 30 upon receipt of a child abuse report, the department of human 31 services (DHS) immediately determines whether the report 32 constitutes an allegation of child abuse which will lead to the 33 commencement of an assessment. The bill removes language that 34 requires DHS to notify the appropriate county attorney of the 35 -14- LSB 2372HV (4) 85 ad/nh 14/ 19

H.F. 590 receipt of the report. 1 The bill establishes a new assessment process upon the 2 receipt of a child abuse report. The bill provides that an 3 assessment will be conducted as a child abuse assessment if 4 the child abuse report alleges imminent danger or impacts 5 the child’s safety. A child abuse assessment results in a 6 disposition. DHS makes a determination of whether the alleged 7 child abuse meets the definition of child abuse and makes 8 a determination of whether the case meets the criteria for 9 placement on the central registry for child abuse information. 10 This type of assessment is the current procedure upon receipt 11 of a child abuse report. 12 The bill adds a family assessment as another type of 13 assessment process, which is to be conducted if the child 14 abuse report does not allege imminent danger and does not 15 impact a child’s safety. DHS will not make a determination of 16 whether the alleged child abuse meets the definition of child 17 abuse pursuant to a family assessment. DHS also will not make 18 a determination of whether the case meets the criteria for 19 placement on the central registry for child abuse information 20 under this assessment process. However, the bill provides 21 that if, during a family assessment, it is determined a child 22 is unsafe, it appears the immediate safety or well-being of 23 a child is endangered, the family may flee, the child may 24 disappear, or if other facts so warrant, DHS shall immediately 25 commence a child abuse assessment. 26 Upon receipt of a child abuse report and acceptance that the 27 child abuse report alleges an incident of child abuse, the bill 28 requires DHS to commence either a child abuse assessment within 29 24 hours of receiving that report or a family assessment within 30 72 hours of receiving that report. 31 The bill provides that DHS is only required to apply the 32 current protocols, which are developed with the local child 33 protection assistance team, to prioritize actions and to work 34 with child protection assistance teams and law enforcement 35 -15- LSB 2372HV (4) 85 ad/nh 15/ 19

H.F. 590 agencies in response to a child abuse assessment, not a family 1 assessment. However, the bill does require DHS to immediately 2 refer the matter to the appropriate law enforcement agency if a 3 child abuse report is assessed under the family assessment and 4 a criminal act harming a child is alleged. 5 The bill provides that a child abuse assessment shall be 6 conducted as provided under current law. The bill establishes 7 the process for the family assessment. Both a child abuse 8 assessment and a family assessment include a safety assessment, 9 a risk assessment, and an evaluation of the home environment. 10 A child abuse assessment also requires, pursuant to current 11 law, the identification of the nature, extent, and cause of 12 injuries to the child named in the report, the identification 13 of the person or persons responsible for the alleged child 14 abuse, a description of the name, age, and condition of other 15 children in the same home as the child named in the report, 16 and an interview of the person alleged to have committed the 17 child abuse. Both the child abuse assessment and the family 18 assessment may include a home visit, facility or school visit, 19 information request, protective disclosure, and physical 20 examination pursuant to Code section 232.71B. 21 The bill requires DHS to make a written assessment report for 22 both a child abuse assessment and the family assessment. The 23 written assessment reports must include information related to 24 the safety assessment and risk assessment, information related 25 to an evaluation of the home environment, identification of the 26 strengths and needs of the child, the child’s parent, home, and 27 family, and an identification of services available from DHS 28 and other services available in the community. Upon completion 29 of the written assessment report for either the child abuse 30 assessment or a family assessment, DHS must consult with the 31 child’s family to offer services to the child and the child’s 32 family. The bill retains current requirements for written 33 child abuse assessment reports. 34 A written child abuse assessment report must be completed 35 -16- LSB 2372HV (4) 85 ad/nh 16/ 19

H.F. 590 within 20 business days of the receipt of the child abuse 1 report and a written family assessment report must be completed 2 within 10 business days of the receipt of the child abuse 3 report. 4 The bill provides that after a family assessment, DHS must 5 provide notice to the parent or guardian of a child listed in 6 the child abuse report of the completion of the assessment 7 and review any service recommendations. Notice to a person 8 named in the initial child abuse report as responsible for the 9 alleged child abuse is not required after a family assessment, 10 as that person does not have the opportunity for a contested 11 case hearing since DHS did not make a determination of whether 12 child abuse occurred and the information arising from a family 13 assessment is not reported to the registry. 14 The bill provides that DHS must provide the juvenile court 15 and the county attorney with the portion of a written child 16 abuse assessment report pertaining to the child abuse report. 17 However, DHS only needs to provide such portion of the written 18 family assessment report in cases in which DHS is requesting a 19 child in need of assistance petition. DHS may request court 20 action following either a child abuse assessment or family 21 assessment. 22 The bill states that the requirements of section 232.71D, 23 relating to the central registry, apply to child abuse 24 information involving a report of child abuse and a child abuse 25 assessment, but not a family assessment. 26 The bill provides that the confidentiality of information 27 relating to an assessment in which no determination was made 28 as to whether the definition of child abuse was met shall be 29 maintained in accordance with Code section 217.30. 30 The bill requires DHS to adopt rules regarding the intake 31 process, assessment process, assessment summaries, contact 32 with juvenile court or the county attorney, involvement with 33 law enforcement, case record retention, and dissemination 34 of records for both child abuse assessments and family 35 -17- LSB 2372HV (4) 85 ad/nh 17/ 19

H.F. 590 assessments. 1 The bill provides that the provisions relating to the 2 establishment of a multipath assessment process upon the 3 receipt of a child abuse report are effective January 1, 2014, 4 except that DHS may begin implementation prior to January 1, 5 2014, to reach full implementation by that date. The bill also 6 provides that DHS must adopt rules for implementation. That 7 provision is effective upon enactment. 8 CENTRAL CHILD ABUSE REGISTRY. Current law provides that 9 the names of the child and the alleged perpetrator of the 10 alleged child abuse and any other child abuse information shall 11 be placed in the central registry as a case of founded child 12 abuse if DHS determines the acts or omissions of the alleged 13 perpetrator meet the definition of child abuse and DHS has 14 determined within the preceding 18 months that the acts or 15 omissions of the alleged perpetrator in a prior case met the 16 definition of child abuse. The bill increases the amount of 17 time between the current offense and the previous offense, from 18 18 months to five years, for which a previous determination 19 of child abuse will result in placement on the registry. 20 This section of the bill is applicable to cases in which the 21 previous case that met the definition of child abuse occurred 22 on or after January 1, 2014. 23 The bill also provides for the removal of the name of a 24 person named in the central registry for child abuse as having 25 abused a child after five years rather than the 10 years 26 currently required if in the report and disposition data, DHS 27 determined the person committed one of the following types 28 of child abuse as defined in Code section 232.68: physical 29 injury, failure to provide critical care, the presence of an 30 illegal drug in the child’s body, and the manufacture and 31 possession of a dangerous substance in the child’s presence. 32 However, the name of such a person named in the initial data 33 placed on the registry as having abused a child shall not 34 be removed after five years if the child abuse resulted in 35 -18- LSB 2372HV (4) 85 ad/nh 18/ 19