House File 2560 - Introduced HOUSE FILE 2560 BY MEGGERS A BILL FOR An Act relating to recordings of interviews during child abuse 1 assessments and family assessments. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5574YH (3) 91 dg/ko
H.F. 2560 Section 1. Section 232.68, subsection 3, Code 2026, is 1 amended to read as follows: 2 3. “Confidential access to a child” means access to a child, 3 who is alleged to be the victim of child abuse, during a child 4 abuse assessment. The access may be accomplished by interview, 5 observation, or physical assessment of the child. As used in 6 this subsection and this part : 7 a. “Interview” means the verbal exchange between the child 8 protection worker and the child for the purpose of developing 9 information necessary to protect the child. A child protection 10 worker is not precluded from recording visible evidence of 11 abuse. 12 b. “Observation” means direct physical viewing of a child 13 under the age of four by the child protection worker where 14 the viewing is limited to the child’s body other than the 15 genitalia and pubes. “Observation” also means direct physical 16 viewing of a child aged four or older by the child protection 17 worker without touching the child or removing an article of 18 the child’s clothing, and doing so without the consent of the 19 child’s parent, custodian, or guardian. A child protection 20 worker is not precluded from recording evidence of abuse 21 obtained as a result of a child’s voluntary removal of an 22 article of clothing without inducement by the child protection 23 worker. However, if prior consent of the child’s parent or 24 guardian, or an ex parte court order, is obtained, “observation” 25 may include viewing the child’s unclothed body other than the 26 genitalia and pubes. 27 Sec. 2. Section 232.68, Code 2026, is amended by adding the 28 following new subsections: 29 NEW SUBSECTION . 6A. “Interview” means the verbal exchange 30 between a child protection worker and another individual for 31 the purpose of eliciting information concerning child abuse 32 or a child’s exposure to violence. A child protection worker 33 shall not be precluded from recording visible evidence of 34 abuse. 35 -1- LSB 5574YH (3) 91 dg/ko 1/ 4
H.F. 2560 NEW SUBSECTION . 7A. a. “Observation” means all of the 1 following: 2 (1) Direct physical viewing of a child under the age of four 3 by a child protection worker where the viewing is limited to 4 the child’s body other than the genitalia and pubes. 5 (2) Direct physical viewing of a child aged four or older 6 by a child protection worker without touching the child or 7 removing an article of the child’s clothing. 8 (3) If a child protection worker obtains prior consent of a 9 child’s parent or guardian, or an ex parte court order, viewing 10 the child’s unclothed body other than the genitalia and pubes. 11 b. A child protection worker shall be permitted to perform 12 an observation of a child without the consent of the child’s 13 parent, custodian, or guardian. 14 c. A child protection worker is not precluded from recording 15 evidence of abuse obtained as a result of a child’s voluntary 16 removal of an article of clothing without inducement by the 17 child protection worker. 18 Sec. 3. Section 232.71B, Code 2026, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 21. Recorded interviews. 21 a. Each interview conducted by the department during a 22 child abuse assessment or a family assessment shall be recorded 23 by electronic audio recording, body camera video, or other 24 reasonable means of recording the interview. 25 b. A recording made pursuant to this subsection shall be 26 subject to all of the following: 27 (1) The recording shall be retained for a minimum of five 28 years from the date the recording was made. 29 (2) The recording shall only be released in the following 30 circumstances: 31 (a) To a person investigating the possible child abuse or 32 exposure to violence that required the recorded interview. 33 (b) Upon the request of a person caring for the child who is 34 the subject of the child abuse assessment or family assessment 35 -2- LSB 5574YH (3) 91 dg/ko 2/ 4
H.F. 2560 and in connection with a legal proceeding, to the person caring 1 for the child, provided that a court has not ordered the 2 recording to be withheld from the person caring for the child. 3 (c) Upon the request of a guardian for the child who is the 4 subject of the child abuse assessment or family assessment and 5 in connection with a legal proceeding, to the guardian for the 6 child, provided that a court has not ordered the recording to 7 be withheld from the guardian. 8 c. The department shall establish penalties for a person who 9 violates paragraph “b” , subparagraph (2). 10 d. The department shall store and distribute recordings 11 made pursuant to this subsection in a secure manner with access 12 controls and role-based permission management. 13 e. The department’s failure to comply with this subsection, 14 in whole or in part, shall not do any of the following: 15 (1) Provide an individual a cause of action against the 16 state, a subdivision of the state, or an agent of the state or a 17 subdivision of the state. 18 (2) Constitute grounds to preclude statements, 19 observations, or other evidence obtained during an interview 20 from being admitted in a legal proceeding. 21 f. The department shall adopt rules pursuant to chapter 17A 22 to implement this subsection. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 The federal Generate Recordings of All Child protective 27 Interviews Everywhere (GRACIE) Act established grants for 28 states that meet certain requirements. This bill implements 29 the requirements of the GRACIE Act by redefining “interview” 30 for purposes of child abuse assessments and family assessments 31 (assessments), and requiring each interview performed by 32 the department of health and human services (HHS) during an 33 assessment to be recorded by audio recording, body camera 34 video, or other reasonable means of recording the interview. 35 -3- LSB 5574YH (3) 91 dg/ko 3/ 4
H.F. 2560 Recordings must be retained for a minimum of five years from 1 the date the recording was made and released only to persons 2 specified in the bill. A person who releases a recording to a 3 person not authorized by the bill shall be subject to a penalty 4 established by HHS. HHS’s failure to comply with the bill’s 5 provisions does not provide an individual a cause of action 6 against the state, a subdivision, or an agent of the state or a 7 subdivision of the state; and does not constitute grounds to 8 preclude statements, observations, or other evidence obtained 9 during an interview from being admitted in a legal proceeding. 10 The bill directs HHS to adopt rules to implement the bill. 11 -4- LSB 5574YH (3) 91 dg/ko 4/ 4