Senate
Study
Bill
1070
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
HUMAN
SERVICES
BILL)
A
BILL
FOR
An
Act
relating
to
the
public
disclosure
of
information
1
regarding
founded
child
abuse
involving
a
child
fatality
or
2
near
fatality.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
235A.15,
subsection
10,
Code
2017,
is
1
amended
to
read
as
follows:
2
10.
The
information
released
by
the
director
of
human
3
services
or
the
director’s
designee
pursuant
to
a
request
made
4
under
subsection
9
relating
to
a
case
of
founded
child
abuse
5
involving
a
fatality
or
near
fatality
to
a
child
shall
include
6
all
of
the
following,
unless
such
information
is
excepted
from
7
disclosure
under
subsection
9
:
8
a.
Any
relevant
child
abuse
information
concerning
the
9
cause
of
and
circumstances
surrounding
the
child
fatality
or
10
near
fatality,
including
the
age
and
gender
of
the
child
or
the
11
child’s
family
and
the
department’s
response
and
findings.
12
b.
Information
describing
any
previous
child
abuse
or
13
neglect
investigations
of
the
caregivers
responsible
for
the
14
child
abuse
or
neglect
that
are
pertinent
to
the
child
abuse
or
15
neglect
that
led
to
the
child
fatality
or
near
fatality,
and
16
the
results
of
any
such
investigations.
17
b.
c.
A
summary
of
information,
that
would
otherwise
be
18
confidential
under
section
217.30
,
as
to
whether
or
not
the
19
child
or
a
member
of
the
child’s
family
was
utilizing
social
20
services
provided
by
the
department
at
the
time
of
the
child
21
fatality
or
near
fatality
or
within
the
five-year
period
22
preceding
the
fatality
or
near
fatality.
23
c.
d.
Any
recommendations
made
by
the
department
to
the
24
county
attorney
or
the
juvenile
court.
25
d.
e.
If
applicable,
a
summary
of
an
evaluation
of
the
26
department’s
responses
in
the
case.
The
services
provided
27
by
and
actions
of
the
state
on
behalf
of
the
child
that
are
28
pertinent
to
the
child
abuse
or
neglect
that
led
to
the
child
29
fatality
or
near
fatality.
30
Sec.
2.
Section
235A.15,
subsection
11,
paragraph
b,
Code
31
2017,
is
amended
to
read
as
follows:
32
b.
If
release
of
social
services
information
in
addition
33
to
that
released
under
subsection
10
,
paragraph
“b”
“c”
,
is
34
believed
to
be
in
the
public’s
interest
and
right
to
know,
35
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the
director
of
human
services
or
the
director’s
designee
may
1
apply
to
the
court
under
section
235A.24
requesting
a
review
of
2
the
information
proposed
for
release
and
an
order
authorizing
3
release
of
the
information.
A
release
of
information
that
4
would
otherwise
be
confidential
under
section
217.30
concerning
5
social
services
provided
to
the
child
or
the
child’s
family
6
shall
not
include
information
concerning
financial
or
medical
7
assistance
provided
to
the
child
or
the
child’s
family.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
information
released
by
the
department
12
of
human
services
pursuant
to
a
request
from
the
public
in
13
circumstances
of
a
fatality
or
near
fatality
of
a
child
in
14
founded
child
abuse
cases.
15
The
bill
replaces
general
language
requiring
disclosure
of
16
any
relevant
child
abuse
information
concerning
the
child
or
17
the
child’s
family
with
language
requiring
disclosure
of
any
18
relevant
child
abuse
information
concerning
the
cause
of
and
19
circumstances
surrounding
the
child
fatality
or
near
fatality,
20
including
the
age
and
gender
of
the
child.
21
The
bill
also
requires
the
disclosure
of
information
22
describing
any
pertinent
previous
investigations
of
the
23
responsible
caregivers
for
child
abuse
or
child
neglect
before
24
the
child
fatality
or
near
fatality,
and
the
results
of
any
25
such
investigations.
26
In
addition,
the
bill
includes
any
services
or
actions
the
27
state
took
on
behalf
of
the
child
that
are
pertinent
to
the
28
child
fatality
or
near
fatality
as
part
of
the
information
29
required
to
be
disclosed.
30
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