House File 7 - Introduced HOUSE FILE 7 BY SALMON A BILL FOR An Act creating a work group relating to child fatality 1 protocol and alleged child abuse. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1143YH (2) 89 dg/rh

H.F. 7 Section 1. DEPARTMENT OF HUMAN SERVICES —— CHILD FATALITY 1 PROTOCOL AND ALLEGED CHILD ABUSE WORK GROUP. 2 1. The department of human services shall convene a work 3 group of state and local agencies who have experience and 4 expertise in cases involving child fatalities and alleged child 5 abuse. The work group shall develop a protocol for responding 6 to the scene of the death of a child that constitutes a death 7 affecting the public interest, as defined in section 331.802, 8 that may involve alleged child abuse. The work group shall 9 consider all of the following in developing a protocol: 10 a. All involvement with the family of the child shall be 11 conducted in a nonaccusatory manner, sensitive to the grief and 12 emotions that family members are experiencing. 13 b. Written information shall be provided to the family 14 explaining the legal requirements for an investigation 15 involving law enforcement and the medical examiner consistent 16 with section 331.802, as well as possible family separation, 17 removal of the family from the home, and financial 18 responsibility for any medical services ordered by the 19 department, the medical examiner, or law enforcement. 20 c. The department shall provide an advocate to assist the 21 family in understanding the information provided to the family. 22 d. The family shall be allowed to have an advocate of 23 their choosing present as well as the advocate provided by the 24 department. 25 e. Any interview by law enforcement or the department or 26 an agent of the department of a minor child who is a witness 27 to a child death shall be conducted in a trauma-sensitive, 28 developmentally appropriate manner which aligns with nationally 29 recognized, evidence-based child forensic interview protocols. 30 f. If a minor sibling, or any other minor child living 31 in the same home as the child who died, is removed from the 32 home and placed in the care of a temporary caretaker, at the 33 request of law enforcement or the department and with the 34 consent of the parent, the temporary caretaker shall sign a 35 -1- LSB 1143YH (2) 89 dg/rh 1/ 4

H.F. 7 statement stating that the temporary caretaker agrees to be 1 responsible for the child or children. The statement shall 2 include any special instructions necessary for the care of 3 the child or children, including but not limited to feeding, 4 clothing, medications, activities, and emergency medical care. 5 If the child or children are transferred to the care of another 6 temporary caretaker, the new temporary caretaker shall sign a 7 similar statement before the new temporary caretaker assumes 8 responsibility for the child. 9 g. If an autopsy of the deceased child indicates that the 10 deceased child’s cause of death was not related to child abuse 11 and the department determines that the deceased child’s home 12 is safe for any minor child who was removed from the home and 13 subsequently placed in the temporary care of a caretaker to 14 return to the family, the home shall be restored to the family, 15 and the minor child shall be returned to the family. 16 2. The membership of the work group shall include but is 17 not limited to all of the following, to be appointed by the 18 director of the department of human services: 19 a. Members of law enforcement, including local law 20 enforcement, the sheriff’s department, and the department of 21 public safety. 22 b. Members from child protection centers. 23 c. A family member of an individual involved in child abuse 24 investigations. 25 d. A county attorney. 26 e. A representative from the office of the state medical 27 examiner. 28 3. The department shall submit its findings and 29 recommendations in a final report to the general assembly by 30 November 15, 2021. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to the creation of a work group relating to 35 -2- LSB 1143YH (2) 89 dg/rh 2/ 4

H.F. 7 child fatality protocol and alleged child abuse. 1 The bill directs the department of human services to 2 convene a work group of state and local agencies who have 3 experience and expertise in cases involving child fatalities 4 and alleged child abuse. The work group shall develop a 5 protocol for responding to the scene of the death of a child 6 that constitutes a death affecting the public interest 7 that may involve alleged child abuse. The work group shall 8 consider all of the following in developing a protocol: all 9 involvement with the family of the child shall be conducted 10 in a nonaccusatory manner; written information shall be 11 provided to the family explaining the legal requirements for 12 an investigation; the department shall provide an advocate 13 to assist the family; the family shall be allowed to have an 14 advocate of their choosing present; any interview of a minor 15 child as a witness to a child death shall be conducted in a 16 trauma-sensitive, developmentally appropriate manner which 17 aligns with nationally recognized, evidence-based forensic 18 interview protocols; if a minor child living in the same home 19 as the child who died is removed from the home and placed in the 20 care of a temporary caretaker, the temporary caretaker shall 21 sign a statement stating that the temporary caretaker agrees to 22 be responsible for the child or children; and if an autopsy of 23 the deceased child indicates that the deceased child’s cause 24 of death was not related to child abuse and the department 25 determines that the deceased child’s home is safe for any child 26 who was removed from the home and subsequently placed in the 27 temporary care of a caretaker to return to the family, the 28 child shall be returned to the family. 29 The bill provides that the membership of the work group 30 shall include but is not limited to members of law enforcement, 31 including local law enforcement, the sheriff’s department, and 32 the department of public safety; members from child protection 33 centers; a family member of an individual involved in child 34 abuse investigations; a county attorney; and a representative 35 -3- LSB 1143YH (2) 89 dg/rh 3/ 4

H.F. 7 from the office of the state medical examiner. 1 The bill provides that the department shall submit its 2 findings and recommendations in a final report to the general 3 assembly by November 15, 2021. 4 -4- LSB 1143YH (2) 89 dg/rh 4/ 4