HF 7 (LSB 1143YH (2) 89)

HOUSE FILE 7

BY  SALMON

A BILL FOR

An Act creating a work group relating to child fatality protocol and alleged child abuse.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  DEPARTMENT OF HUMAN SERVICES —— CHILD FATALITY PROTOCOL AND ALLEGED CHILD ABUSE WORK GROUP.
   1.  The department of human services shall convene a work group of state and local agencies who have experience and expertise in cases involving child fatalities and alleged child abuse. The work group shall develop a protocol for responding to the scene of the death of a child that constitutes a death affecting the public interest, as defined in section 331.802, that may involve alleged child abuse. The work group shall consider all of the following in developing a protocol:
   a.  All involvement with the family of the child shall be conducted in a nonaccusatory manner, sensitive to the grief and emotions that family members are experiencing.
   b.  Written information shall be provided to the family explaining the legal requirements for an investigation involving law enforcement and the medical examiner consistent with section 331.802, as well as possible family separation, removal of the family from the home, and financial responsibility for any medical services ordered by the department, the medical examiner, or law enforcement. 
   c.  The department shall provide an advocate to assist the family in understanding the information provided to the family.
   d.  The family shall be allowed to have an advocate of their choosing present as well as the advocate provided by the department. 
   e.  Any interview by law enforcement or the department or an agent of the department of a minor child who is a witness to a child death shall be conducted in a trauma-sensitive, developmentally appropriate manner which aligns with nationally recognized, evidence-based child forensic interview protocols.
   f.  If a minor sibling, or any other minor child living in the same home as the child who died, is removed from the home and placed in the care of a temporary caretaker, at the request of law enforcement or the department and with the consent of the parent, the temporary caretaker shall sign a statement stating that the temporary caretaker agrees to be responsible for the child or children. The statement shall include any special instructions necessary for the care of the child or children, including but not limited to feeding, clothing, medications, activities, and emergency medical care. If the child or children are transferred to the care of another temporary caretaker, the new temporary caretaker shall sign a similar statement before the new temporary caretaker assumes responsibility for the child. 
   g.  If an autopsy of the deceased child indicates that the deceased child’s cause of death was not related to child abuse and the department determines that the deceased child’s home is safe for any minor child who was removed from the home and subsequently placed in the temporary care of a caretaker to return to the family, the home shall be restored to the family, and the minor child shall be returned to the family. 
   2.  The membership of the work group shall include but is not limited to all of the following, to be appointed by the director of the department of human services:
   a.  Members of law enforcement, including local law enforcement, the sheriff’s department, and the department of public safety.
   b.  Members from child protection centers.
   c.  A family member of an individual involved in child abuse investigations.
   d.  A county attorney.
   e.  A representative from the office of the state medical examiner.
   3.  The department shall submit its findings and recommendations in a final report to the general assembly by November 15, 2021.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the creation of a work group relating to child fatality protocol and alleged child abuse.
   The bill directs the department of human services to convene a work group of state and local agencies who have experience and expertise in cases involving child fatalities and alleged child abuse. The work group shall develop a protocol for responding to the scene of the death of a child that constitutes a death affecting the public interest that may involve alleged child abuse. The work group shall consider all of the following in developing a protocol: all involvement with the family of the child shall be conducted in a nonaccusatory manner; written information shall be provided to the family explaining the legal requirements for an investigation; the department shall provide an advocate to assist the family; the family shall be allowed to have an advocate of their choosing present; any interview of a minor child as a witness to a child death shall be conducted in a trauma-sensitive, developmentally appropriate manner which aligns with nationally recognized, evidence-based forensic interview protocols; if a minor child living in the same home as the child who died is removed from the home and placed in the care of a temporary caretaker, the temporary caretaker shall sign a statement stating that the temporary caretaker agrees to be responsible for the child or children; and if an autopsy of the deceased child indicates that the deceased child’s cause of death was not related to child abuse and the department determines that the deceased child’s home is safe for any child who was removed from the home and subsequently placed in the temporary care of a caretaker to return to the family, the child shall be returned to the family. 
   The bill provides that the membership of the work group shall include but is not limited to members of law enforcement, including local law enforcement, the sheriff’s department, and the department of public safety; members from child protection centers; a family member of an individual involved in child abuse investigations; a county attorney; and a representative from the office of the state medical examiner.
   The bill provides that the department shall submit its findings and recommendations in a final report to the general assembly by November 15, 2021.