Senate Study Bill 3123 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON SMITH) A BILL FOR An Act relating to the establishment of the Iowa child death 1 and domestic abuse death review team by merging the Iowa 2 child death review team and the Iowa domestic abuse death 3 review team. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5603XC (7) 88 as/rh
S.F. _____ Section 1. Section 135.108, subsection 4, Code 2020, is 1 amended to read as follows: 2 4. “Team” means the Iowa child death and domestic abuse 3 death review team established in section 135.109 . 4 Sec. 2. Section 135.109, Code 2020, is amended to read as 5 follows: 6 135.109 Iowa domestic abuse death review team membership Iowa 7 child death and domestic abuse death review team —— membership . 8 1. An Iowa child death and domestic abuse death review team 9 is established as an independent agency of state government. 10 2. The department shall provide staffing and administrative 11 support to the team. 12 3. The team shall include the following members: 13 a. The state medical examiner or the state medical 14 examiner’s designee. 15 b. A licensed physician or nurse who is knowledgeable 16 concerning domestic abuse injuries and deaths, including 17 suicides. 18 c. A pediatrician who is knowledgeable concerning deaths of 19 children. 20 c. d. A licensed mental health professional who is 21 knowledgeable concerning domestic abuse or deaths of children . 22 e. A certified or licensed professional who is knowledgeable 23 concerning sudden infant death syndrome. 24 f. A perinatal expert. 25 g. An emergency room nurse who is knowledgeable concerning 26 the deaths of children. 27 d. h. A representative or designee of the Iowa coalition 28 against domestic violence. 29 e. i. A certified or licensed professional who is 30 knowledgeable concerning substance abuse. 31 j. A social worker who is knowledgeable concerning deaths 32 of children. 33 f. k. A local law enforcement official who is knowledgeable 34 concerning domestic abuse . 35 -1- LSB 5603XC (7) 88 as/rh 1/ 9
S.F. _____ g. l. A law enforcement investigator experienced in 1 domestic abuse investigation. 2 h. m. An A county attorney experienced in prosecuting 3 domestic abuse cases . 4 i. n. A judicial officer appointed by the chief justice of 5 the supreme court. 6 j. A clerk of the district court appointed by the chief 7 justice of the supreme court. 8 k. o. An employee or subcontractor of the department of 9 corrections who is a trained batterers’ education program 10 facilitator. 11 l. p. An attorney licensed in this state who provides 12 criminal defense assistance or child custody representation, 13 and who has experience in dissolution of marriage proceedings. 14 m. q. Both a female and a male victim of domestic abuse. 15 n. r. A family member of a decedent whose death resulted 16 from domestic abuse the public . 17 4. The following individuals shall each designate a liaison 18 to assist the team in fulfilling the team’s duties: 19 a. The attorney general. 20 b. The director of the Iowa department of corrections. 21 c. The director of public health. 22 d. The director of human services. 23 e. The commissioner of public safety. 24 f. The administrator of the bureau of vital records of the 25 Iowa department of public health. 26 g. The director of the department of education. 27 h. The state court administrator. 28 i. The director of the department of human rights. 29 j. The director of the state law enforcement academy. 30 k. The director of the department of transportation. 31 5. a. The director of public health, in consultation with 32 the attorney general, shall appoint review team members who are 33 not designated by another appointing authority. 34 b. A membership vacancy shall be filled in the same manner 35 -2- LSB 5603XC (7) 88 as/rh 2/ 9
S.F. _____ as the original appointment. 1 c. The membership of the review team is subject to the 2 provisions of sections 69.16 and 69.16A , relating to political 3 affiliation and gender balance. 4 d. A member of the team may be reappointed to serve 5 additional terms on the team, subject to the provisions of 6 chapter 69 . 7 6. Membership terms shall be three-year staggered terms. 8 7. Members of the team are eligible for reimbursement of 9 actual and necessary expenses incurred in the performance of 10 their official duties. 11 8. Team members and their agents are immune from any 12 liability, civil or criminal, which might otherwise be incurred 13 or imposed as a result of any act, omission, proceeding, 14 decision, or determination undertaken or performed, or 15 recommendation made as a team member or agent provided that the 16 team members or agents acted reasonably and in good faith and 17 without malice in carrying out their official duties in their 18 official capacity. A complainant bears the burden of proof 19 in establishing malice or unreasonableness or lack of good 20 faith in an action brought against team members involving the 21 performance of their duties and powers. 22 Sec. 3. Section 135.110, Code 2020, is amended to read as 23 follows: 24 135.110 Iowa child death and domestic abuse death review team 25 powers and duties. 26 1. The review team shall perform the following duties: 27 a. Prepare a biennial report for the governor, supreme 28 court, attorney general, and the general assembly concerning 29 the following subjects: 30 (1) The causes and manner of child death and domestic 31 abuse deaths, including an analysis of factual information 32 obtained through review of child death and domestic abuse death 33 certificates and child death and domestic abuse death data, 34 including patient records and other pertinent confidential and 35 -3- LSB 5603XC (7) 88 as/rh 3/ 9
S.F. _____ public information concerning domestic abuse deaths. 1 (2) The contributing factors of child death and domestic 2 abuse deaths. 3 (3) Recommendations regarding the prevention of future 4 child death and domestic abuse deaths, including actions 5 to be taken by communities, based on an analysis of these 6 contributing factors. 7 b. Advise and consult the agencies represented on the team 8 and other state agencies regarding program and regulatory 9 changes that may prevent child death and domestic abuse deaths. 10 c. Develop protocols for child death and domestic abuse 11 death investigations and team review. 12 2. In performing duties pursuant to subsection 1 in a 13 death investigation that involves a suspected case of child 14 abuse or domestic abuse , the review team shall review the 15 relationship between the decedent victim and the alleged or 16 convicted perpetrator from the point where the abuse allegedly 17 began, until the child abuse or domestic abuse death occurred, 18 and shall review all relevant documents pertaining to the 19 relationship between the parties, including but not limited 20 to protective orders and dissolution, custody, and support 21 agreements and related court records, in order to ascertain 22 whether a correlation exists between certain events in the 23 relationship and any escalation of abuse, and whether patterns 24 can be established regarding such events in relation to child 25 abuse or domestic abuse deaths in general. The review team 26 shall consider such conclusions in making recommendations 27 pursuant to subsection 1 . 28 3. The review team shall develop protocols for a child 29 fatality review committee, to be appointed by the state medical 30 examiner on an ad hoc basis, to immediately review child abuse 31 assessments which involve the fatality of a child under age 32 eighteen. The state medical examiner shall appoint a medical 33 examiner, a pediatrician, and a person involved with law 34 enforcement to the committee. 35 -4- LSB 5603XC (7) 88 as/rh 4/ 9
S.F. _____ a. The purpose of the review shall be to determine 1 whether the department of human services and others involved 2 with a case of child abuse responded appropriately. The 3 protocols shall provide for the committee to consult with any 4 multidisciplinary team, as defined in section 235A.13, that is 5 operating in the area in which the fatality occurred. 6 b. The committee shall have access to patient records 7 and other pertinent confidential information and, subject to 8 the restrictions in this subsection, may redisseminate the 9 confidential information in the committee’s report. 10 c. Upon completion of the review, the committee shall issue 11 a report which shall include findings concerning the case and 12 recommendations for changes to prevent child fatalities when 13 similar circumstances exist. The report shall include but 14 is not limited to the following information, subject to the 15 restrictions listed in paragraph “d” : 16 (1) The dates, outcomes, and results of any actions taken by 17 the department of human services and others in regard to each 18 report and allegation of child abuse involving the child who 19 died. 20 (2) The results of any review of the case performed by a 21 multidisciplinary team, or by any other public entity that 22 reviewed the case. 23 (3) Confirmation of the department of human services 24 receipt of any report of child abuse involving the child, 25 including confirmation as to whether or not any assessment 26 involving the child was performed in accordance with section 27 232.71B, the results of any assessment, a description of the 28 most recent assessment and the services offered to the family, 29 the services rendered to the family, and the basis for the 30 department’s decisions concerning the case. 31 d. Prior to issuing the report, the committee shall consult 32 with the county attorney responsible for prosecution of the 33 alleged perpetrator of the child fatality. The committee’s 34 report shall include child abuse information associated with 35 -5- LSB 5603XC (7) 88 as/rh 5/ 9
S.F. _____ the case and the child, but is subject to the restrictions 1 applicable to the department of human services for release of 2 information concerning a child fatality or near fatality in 3 accordance with section 235A.15, subsection 9. 4 e. Following the completion of the trial of any alleged 5 perpetrator of the child fatality and the appeal period 6 for the granting of a new trial, the committee shall issue 7 a supplemental report containing the information that was 8 withheld, in accordance with paragraph “d” , so as not to 9 jeopardize the prosecution or the rights of the alleged 10 perpetrator to a fair trial as described in section 235A.15, 11 subsection 9, paragraphs “e” and “f” . 12 f. The report and any supplemental report shall be submitted 13 to the governor and general assembly. 14 g. If deemed appropriate by the committee, at any point 15 in the review the committee may recommend to the department 16 of human services, appropriate law enforcement agencies, and 17 any other person involved with child protection, interventions 18 that may prevent harm to a child who is related to or is living 19 in the same home as a child whose case is reviewed by the 20 committee. 21 3. 4. The team shall meet upon the call of the chairperson, 22 upon the request of a state agency, or as determined by a 23 majority of the team. 24 4. 5. The team shall annually elect a chairperson and other 25 officers as deemed necessary by the team. 26 5. 6. The team may establish committees or panels to whom 27 the team may assign some or all of the team’s responsibilities. 28 6. 7. Members of the team who are currently practicing 29 attorneys or current employees of the judicial branch of state 30 government shall not participate in the following: 31 a. An investigation by the team that involves a case in 32 which the team member is presently involved in the member’s 33 professional capacity. 34 b. Development of protocols by the team for child abuse or 35 -6- LSB 5603XC (7) 88 as/rh 6/ 9
S.F. _____ domestic abuse death investigations and team review. 1 c. Development of regulatory changes related to domestic 2 abuse deaths. 3 Sec. 4. Section 135.111, Code 2020, is amended to read as 4 follows: 5 135.111 Confidentiality of child and domestic abuse death 6 records. 7 1. A person in possession or control of medical, 8 investigative, or other information pertaining to a child 9 abuse or domestic abuse death and related incidents and events 10 preceding the child abuse or domestic abuse death, shall allow 11 for the inspection and review of written or photographic 12 information related to the death, whether the information is 13 confidential or public in nature, by the department upon the 14 request of the department and the team, to be used only in 15 the administration and for the official duties of the team. 16 Information and records produced under this section that are 17 confidential under the law of this state or under federal law, 18 or because of any legally recognized privilege, and information 19 or records received from the confidential records, remain 20 confidential under this section . 21 2. A person does not incur legal liability by reason of 22 releasing information to the department as required under and 23 in compliance with this section . 24 3. A person who releases or discloses confidential data, 25 records, or any other type of information in violation of this 26 section is guilty of a serious misdemeanor. 27 Sec. 5. Section 135.112, Code 2020, is amended to read as 28 follows: 29 135.112 Rulemaking. 30 The department shall adopt rules pursuant to chapter 17A 31 relating to the administration of the child death and domestic 32 abuse death review team and sections 135.108 through 135.111 . 33 Sec. 6. Section 216A.133, subsection 3, paragraph o, 34 subparagraph (8), Code 2020, is amended to read as follows: 35 -7- LSB 5603XC (7) 88 as/rh 7/ 9
S.F. _____ (8) Best practices related to the Iowa child death and 1 domestic abuse death review team established in section 135.43 2 and the Iowa domestic abuse death review team established in 3 section 135.109. 4 Sec. 7. Section 691.6, subsection 10, Code 2020, is amended 5 to read as follows: 6 10. To provide staffing and support for the child death 7 review team and any child fatality review committee under 8 section 135.43 135.10 . 9 Sec. 8. CODE EDITOR DIRECTIVE. The Code editor may change 10 the current subchapter title of chapter 135, subchapter XI, to 11 “IOWA CHILD DEATH AND DOMESTIC ABUSE DEATH REVIEW TEAM”. 12 Sec. 9. REPEAL. Section 135.43, Code 2020, is repealed. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to the establishment of the Iowa child 17 death and domestic abuse death review team. 18 The bill merges the Iowa child death review team and the Iowa 19 domestic abuse death review team to create the new Iowa child 20 death and domestic abuse death review team. The team includes 21 the following members: the state medical examiner or the state 22 medical examiner’s designee; a licensed physician or nurse 23 who is knowledgeable concerning domestic abuse injuries or 24 deaths, including suicides; a pediatrician who is knowledgeable 25 concerning deaths of children; a licensed mental health 26 professional who is knowledgeable concerning domestic abuse or 27 deaths of children; a certified or licensed professional who 28 is knowledgeable concerning sudden infant death syndrome; a 29 perinatal expert; an emergency room nurse who is knowledgeable 30 concerning the deaths of children; a representative or designee 31 of the Iowa coalition against domestic violence; a certified or 32 licensed professional who is knowledgeable concerning substance 33 abuse; a social worker who is knowledgeable concerning 34 deaths of children; a local law enforcement official; a 35 -8- LSB 5603XC (7) 88 as/rh 8/ 9
S.F. _____ law enforcement investigator experienced in domestic abuse 1 investigation; a county attorney; a judicial officer appointed 2 by the chief justice of the supreme court; an employee or 3 subcontractor of the department of corrections who is a trained 4 batterers’ education program facilitator; an attorney licensed 5 in this state who provides criminal defense assistance or child 6 custody representation, and who has experience in dissolution 7 of marriage proceedings; a male and a female victim of domestic 8 abuse; and a member of the public. 9 The bill provides that liaisons designated by the attorney 10 general, the director of the Iowa department of corrections, 11 the director of public health, the director of human services, 12 the commissioner of public safety, the administrator of the 13 bureau of vital records of the Iowa department of public 14 health, the director of the department of education, the state 15 court administrator, the director of the department of human 16 rights, the director of the state law enforcement academy, the 17 director of the department of transportation, and the state 18 medical examiner will assist the team in fulfilling the team’s 19 duties. 20 The bill provides that the duties of the team include: 21 preparing a biennial report for the governor, supreme court, 22 attorney general, and the general assembly; advising and 23 consulting the agencies represented on the team and other 24 state agencies regarding program and regulatory changes that 25 may prevent child and domestic abuse deaths; and developing 26 protocols for child and domestic abuse death investigations and 27 team review. 28 The bill provides that the review team shall develop 29 protocols for a child fatality review committee to immediately 30 review child abuse assessments which involve the fatality of a 31 child under age eighteen. 32 The bill makes conforming Code changes including 33 definitions, confidentiality, and rulemaking for the new review 34 team. 35 -9- LSB 5603XC (7) 88 as/rh 9/ 9