Senate File 370 - Introduced SENATE FILE 370 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SSB 1095) 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 1328SV (2) 86 rh/nh

S.F. 370 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 20 may disclose case-related observations and recommendations to 21 the agency assigned by the court to supervise the case, to the 22 county attorney, or to the child’s legal representative or 23 guardian ad litem. 24 Sec. 3. Section 237.21, subsection 3, Code 2015, is amended 25 to read as follows: 26 3. Members of the state board and local boards, court 27 appointed special advocates, and the employees of the 28 department and the department of inspections and appeals are 29 subject to standards of confidentiality pursuant to sections 30 217.30 , 228.6, subsection 1 , sections 235A.15 , 600.16 , and 31 600.16A . Members of the state and local boards, court appointed 32 special advocates, and employees of the department and the 33 department of inspections and appeals who disclose information 34 or records of the board or department, other than as provided 35 -1- LSB 1328SV (2) 86 rh/nh 1/ 3

S.F. 370 in subsection 2 subsections 2, 2A, and 2B, sections 232.89 and 1 232.126, and section 237.20, subsection 2 , are guilty of a 2 simple misdemeanor. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to court appointed special advocates and 7 the confidentiality of information regarding a child receiving 8 foster care. 9 The bill allows a court appointed special advocate to attend 10 family team decision-making meetings and youth transition 11 decision-making meetings. 12 The bill amends confidentiality provisions concerning 13 information and records relating to a child receiving foster 14 care and foster care placement. Under current law, the 15 information and records of or provided to a local citizen 16 foster care review board, the child advocacy board, or court 17 appointed special advocate regarding a child receiving foster 18 care and the child’s family when relating to the foster care 19 placement are not public records. The bill specifies that 20 such confidential information and records include records of 21 other services provided to a child who is under the court’s 22 jurisdiction. 23 The bill allows a court appointed special advocate to attend 24 family team decision-making meetings or youth transition 25 decision-making meetings upon request by the family or child 26 and disclose case-related observations and recommendations 27 relating to a child or a child’s family while attending the 28 meetings. 29 The bill also allows a court appointed special advocate 30 to disclose case-related observations and recommendations to 31 the agency assigned by the court to supervise the case, to the 32 county attorney, or to the child’s legal representative or 33 guardian ad litem. 34 The bill exempts members of the state child advocacy 35 -2- LSB 1328SV (2) 86 rh/nh 2/ 3

S.F. 370 board and local citizen foster care review boards, court 1 appointed special advocates, and employees of the departments 2 of human services and inspections and appeals from certain 3 confidentiality provisions if the disclosure of information 4 or records of the board or department are as provided under 5 the provisions of the bill, Code section 232.89 or 232.126 6 (appointments of counsel under juvenile justice Code), or 7 section 237.20, subsection 2 (court reports). 8 -3- LSB 1328SV (2) 86 rh/nh 3/ 3