Senate
File
2416
-
Introduced
SENATE
FILE
2416
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3167)
A
BILL
FOR
An
Act
relating
to
interviews
conducted
with
a
child
subsequent
1
to
a
report
of
child
abuse.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
232.68,
subsection
3,
paragraph
a,
Code
1
2026,
is
amended
to
read
as
follows:
2
a.
“Interview”
means
the
verbal
exchange
between
the
child
3
protection
worker
or
peace
officer
and
the
child
for
the
4
purpose
of
developing
information
necessary
to
protect
the
5
child
and
may
include
an
interview
of
the
child
authorized
by
6
the
child
protection
worker
or
peace
officer
at
an
accredited
7
child
protection
center
or
child
advocacy
center
established
8
pursuant
to
section
135.118
.
A
child
protection
worker
or
9
peace
officer
is
not
precluded
from
recording
visible
evidence
10
of
abuse.
11
Sec.
2.
Section
232.71B,
subsection
3,
paragraph
b,
Code
12
2026,
is
amended
to
read
as
follows:
13
b.
If
a
report
is
determined
not
to
constitute
a
child
14
abuse
allegation
or
if
the
child
abuse
report
is
accepted
15
but
assessed
under
the
family
assessment,
but
a
criminal
act
16
harming
a
child
is
alleged,
the
department
shall
immediately
17
refer
the
matter
to
the
appropriate
law
enforcement
agency.
18
With
the
consent
of
the
child’s
parent
or
guardian,
a
peace
19
officer
may
visit
the
home
of
the
child
for
an
interview
or
20
observation.
If
permission
to
enter
the
home,
to
interview
21
the
child,
or
to
observe
the
child
is
refused,
the
court
or
a
22
district
court,
upon
a
showing
of
probable
cause,
may
authorize
23
the
interview
or
observation
of
the
child.
24
Sec.
3.
Section
232.71B,
subsection
6,
Code
2026,
is
amended
25
to
read
as
follows:
26
6.
Home
visit
and
child
interview
.
The
assessment
may,
27
with
the
consent
of
the
parent
or
guardian,
include
a
visit
to
28
the
home
of
the
child
named
in
the
report
and
.
The
assessment
29
may
include
an
interview
or
observation
of
the
child
may
be
30
conducted
.
If
permission
to
enter
the
home
,
to
interview
31
the
child,
or
to
observe
the
child
is
refused,
the
juvenile
32
court
or
district
court
upon
a
showing
of
probable
cause
may
33
authorize
the
person
making
the
assessment
to
enter
the
home
34
and
may
authorize
the
person
making
the
assessment
to
complete
35
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2416
a
child
interview
or
observe
the
child.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
interviews
conducted
with
a
child
5
subsequent
to
a
report
of
child
abuse.
6
The
bill
allows
peace
officers
to
conduct
an
interview
with
7
a
child
for
the
purpose
of
a
child
abuse
investigation,
and
8
allows
a
child
protection
worker
or
peace
officer
to
conduct
9
an
interview
at
a
location
including
but
not
limited
to
an
10
accredited
child
protection
center
or
child
advocacy
center,
11
and
record
visible
evidence
of
abuse
during
an
interview.
12
Under
current
law,
if
an
allegation
of
child
abuse
alleges
13
a
child
has
been
harmed
by
a
criminal
act,
the
department
of
14
health
and
human
services
is
required
to
refer
the
matter
to
15
the
appropriate
law
enforcement
agency.
The
bill
allows
a
16
peace
officer
to
visit
the
home
of
the
child
for
an
interview
17
or
observation
if
the
peace
officer
obtained
consent
from
the
18
child’s
parent
or
guardian
to
interview
or
observe
the
child
19
in
the
child’s
home,
or
the
juvenile
court,
upon
a
showing
of
20
probable
cause,
authorized
the
peace
officer
to
interview
or
21
observe
the
child
in
the
child’s
home.
22
The
bill
makes
conforming
changes
to
Code
section
232.68
23
(child
abuse
reporting,
assessment,
and
rehabilitation
——
24
definitions).
25
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