House Study Bill 92 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF INSPECTIONS AND APPEALS BILL) A BILL FOR An Act relating to court appointed special advocates and the 1 confidentiality of information regarding a child receiving 2 foster care. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1328XD (4) 86 rh/nh

S.F. _____ H.F. _____ Section 1. Section 237.21, subsection 1, Code 2015, is 1 amended to read as follows: 2 1. The information and records of or provided to a local 3 board, state board, or court appointed special advocate 4 regarding a child who is receiving foster care or who is under 5 the court’s jurisdiction and the child’s family when relating 6 to services provided or the foster care placement are not 7 public records pursuant to chapter 22 . The state board and 8 local boards, with respect to hearings involving specific 9 children receiving foster care and the child’s family, are not 10 subject to chapter 21 . 11 Sec. 2. Section 237.21, Code 2015, is amended by adding the 12 following new subsections: 13 NEW SUBSECTION . 2A. A court appointed special advocate may 14 attend family team decision-making meetings or youth transition 15 decision-making meetings upon request by the family or child 16 and disclose case-related observations and recommendations 17 relating to a child or a child’s family while attending the 18 meetings. 19 NEW SUBSECTION . 2B. A court appointed special advocate may 20 disclose case-related observations and recommendations to the 21 agency assigned by the court to supervise the case or to the 22 child’s legal representative or guardian ad litem. 23 Sec. 3. Section 237.21, subsection 3, Code 2015, is amended 24 to read as follows: 25 3. Members of the state board and local boards, court 26 appointed special advocates, and the employees of the 27 department and the department of inspections and appeals are 28 subject to standards of confidentiality pursuant to sections 29 217.30 , 228.6, subsection 1 , sections 235A.15 , 600.16 , and 30 600.16A . Members of the state and local boards, court appointed 31 special advocates, and employees of the department and the 32 department of inspections and appeals who disclose information 33 or records of the board or department, other than as provided 34 in subsection 2 subsections 2, 2A, and 2B, sections 232.89 and 35 -1- LSB 1328XD (4) 86 rh/nh 1/ 3

S.F. _____ H.F. _____ 232.126, and section 237.20, subsection 2 , are guilty of a 1 simple misdemeanor. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to court appointed special advocates and 6 the confidentiality of information regarding a child receiving 7 foster care. 8 The bill allows a court appointed special advocate to attend 9 family team decision-making meetings and youth transition 10 decision-making meetings. 11 The bill amends confidentiality provisions concerning 12 information and records relating to a child receiving foster 13 care and foster care placement. Under current law, the 14 information and records of or provided to a local citizen 15 foster care review board, the child advocacy board, or court 16 appointed special advocate regarding a child receiving foster 17 care and the child’s family when relating to the foster care 18 placement are not public records. The bill specifies that 19 such confidential information and records include records of 20 other services provided to a child who is under the court’s 21 jurisdiction. 22 The bill allows a court appointed special advocate to attend 23 family team decision-making meetings or youth transition 24 decision-making meetings upon request by the family or child 25 and disclose case-related observations and recommendations 26 relating to a child or a child’s family while attending the 27 meetings. 28 The bill also allows a court appointed special advocate to 29 disclose case-related observations and recommendations to the 30 agency assigned by the court to supervise the case or to the 31 child’s legal representative or guardian ad litem. 32 The bill exempts members of the state child advocacy 33 board and local citizen foster care review boards, court 34 appointed special advocates, and employees of the departments 35 -2- LSB 1328XD (4) 86 rh/nh 2/ 3

S.F. _____ H.F. _____ of human services and inspections and appeals from certain 1 confidentiality provisions if the disclosure of information 2 or records of the board or department are as provided under 3 the provisions of the bill, Code section 232.89 or 232.126 4 (appointments of counsel under juvenile justice Code), or 5 section 237.20, subsection 2 (court reports). 6 -3- LSB 1328XD (4) 86 rh/nh 3/ 3