HSB 741 (LSB 6874YC (1) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to interviews conducted with a child subsequent to a report of child abuse.
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.  a.  “Interview” means the verbal exchange between a child protection worker or a peace officer and the child for the purpose of developing information necessary to protect the child.
   b.  A child protection worker or peace officer may conduct an interview at a location including but not limited to a child protection center.
   c.  A child protection worker or peace officer shall not be precluded from recording visible evidence of abuse during an interview.
   NEW SUBSECTION.  7A.  a.  “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.
   b.  “Observation” may include 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.
   c.  “Observation” may include a child protection worker viewing a child’s unclothed body, other than genitalia and pubes, and recording evidence of abuse if any of the following apply:
   (1)  The child protection worker obtained prior consent from the child’s parent or guardian.
   (2)  The child protection worker obtained an ex parte court order.
   (3)  The child voluntarily removed an article of clothing without inducement by the child protection worker.
    Sec. 3.  Section 232.71B, subsection 3, paragraph b, Code 2026, is amended to read as follows:
   b.  (1)  If a report is determined not to constitute a child abuse allegation or if the child abuse report is accepted but assessed under the family assessment, but a criminal act harming a child is alleged, the department shall immediately refer the matter to the appropriate law enforcement agency.
   (2)  The law enforcement agency to which a matter is referred under this paragraph may visit the home of the child for an interview or observation if any of the following apply:
   (a)  The law enforcement agency obtained consent from the child’s parent or guardian to interview, observe, or interview and observe the child in the child’s home.
   (b)  The court, upon a showing of probable cause, authorized the law enforcement agency to interview, observe, or interview and observe the child in the child’s home.
    Sec. 4.  Section 232.71B, subsection 6, Code 2026, is amended to read as follows:
   6.  Home visit and interview.  The assessment may, with the consent of the parent or guardian, include a visit to the home of the child named in the report and. The assessment may include an interview or observation of the child may be conducted. If permission to enter the home or to interview or observe the child is refused, the juvenile court or district court upon a showing of probable cause may authorize the person making the assessment to enter do any of the following:
   a.  Enter the home and interview.
   b.  Interview, observe, or interview and observe the child.
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 interviews conducted with a child subsequent to a report of child abuse.
   The bill allows peace officers to conduct an interview with a child for the purpose of a child abuse investigation, and allows a child protection worker or peace officer to conduct an interview at a location including but not limited to a child protection center, and record visible evidence of abuse during an interview.
   Under current law, if an allegation of child abuse alleges a child has been harmed by a criminal act, the department of health and human services is required to refer the matter to the appropriate law enforcement agency. The bill allows the law enforcement agency to visit the home of the child for an interview or observation if the law enforcement agency obtained consent from the child’s parent or guardian to interview, observe, or interview and observe the child in the child’s home, or the juvenile court, upon a showing of probable cause, authorized the law enforcement agency to interview, observe, or interview and observe the child in the child’s home.
   The bill makes conforming changes to Code section 232.68 (child abuse reporting, assessment, and rehabilitation —— definitions).