HF 2560 (LSB 5574YH (3) 91)

HOUSE FILE 2560

BY  MEGGERS

A BILL FOR

An Act relating to recordings of interviews during child abuse assessments and family assessments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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