Senate Study Bill 3167 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SCHULTZ) 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 TLSB 6874XC (4) 91 dg/ko

S.F. _____ 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. a. “Interview” means the verbal 30 exchange between a child protection worker or a peace officer 31 and the child for the purpose of developing information 32 necessary to protect the child. 33 b. A child protection worker or peace officer may conduct an 34 interview at a location including but not limited to a child 35 -1- LSB 6874XC (4) 91 dg/ko 1/ 4

S.F. _____ protection center. 1 c. A child protection worker or peace officer shall not be 2 precluded from recording visible evidence of abuse during an 3 interview. 4 NEW SUBSECTION . 7A. a. “Observation” means direct 5 physical viewing of a child under the age of four by the child 6 protection worker where the viewing is limited to the child’s 7 body other than the genitalia and pubes. 8 b. “Observation” may include direct physical viewing of a 9 child aged four or older by the child protection worker without 10 touching the child or removing an article of the child’s 11 clothing, and doing so without the consent of the child’s 12 parent, custodian, or guardian. 13 c. “Observation” may include a child protection worker 14 viewing a child’s unclothed body, other than genitalia and 15 pubes, and recording evidence of abuse if any of the following 16 apply: 17 (1) The child protection worker obtained prior consent from 18 the child’s parent or guardian. 19 (2) The child protection worker obtained an ex parte court 20 order. 21 (3) The child voluntarily removed an article of clothing 22 without inducement by the child protection worker. 23 Sec. 3. Section 232.71B, subsection 3, paragraph b, Code 24 2026, is amended to read as follows: 25 b. (1) If a report is determined not to constitute a child 26 abuse allegation or if the child abuse report is accepted 27 but assessed under the family assessment, but a criminal act 28 harming a child is alleged, the department shall immediately 29 refer the matter to the appropriate law enforcement agency. 30 (2) The law enforcement agency to which a matter is referred 31 under this paragraph may visit the home of the child for an 32 interview or observation if any of the following apply: 33 (a) The law enforcement agency obtained consent from the 34 child’s parent or guardian to interview, observe, or interview 35 -2- LSB 6874XC (4) 91 dg/ko 2/ 4

S.F. _____ and observe the child in the child’s home. 1 (b) The court, upon a showing of probable cause, authorized 2 the law enforcement agency to interview, observe, or interview 3 and observe the child in the child’s home. 4 Sec. 4. Section 232.71B, subsection 6, Code 2026, is amended 5 to read as follows: 6 6. Home visit and interview . The assessment may, with 7 the consent of the parent or guardian, include a visit to the 8 home of the child named in the report and . The assessment 9 may include an interview or observation of the child may be 10 conducted . If permission to enter the home or to interview or 11 observe the child is refused, the juvenile court or district 12 court upon a showing of probable cause may authorize the person 13 making the assessment to enter do any of the following: 14 a. Enter the home and interview . 15 b. Interview, observe, or interview and observe the child. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to interviews conducted with a child 20 subsequent to a report of child abuse. 21 The bill allows peace officers to conduct an interview with 22 a child for the purpose of a child abuse investigation, and 23 allows a child protection worker or peace officer to conduct an 24 interview at a location including but not limited to a child 25 protection center, and record visible evidence of abuse during 26 an interview. 27 Under current law, if an allegation of child abuse alleges 28 a child has been harmed by a criminal act, the department of 29 health and human services is required to refer the matter to 30 the appropriate law enforcement agency. The bill allows the 31 law enforcement agency to visit the home of the child for an 32 interview or observation if the law enforcement agency obtained 33 consent from the child’s parent or guardian to interview, 34 observe, or interview and observe the child in the child’s 35 -3- LSB 6874XC (4) 91 dg/ko 3/ 4

S.F. _____ home, or the juvenile court, upon a showing of probable cause, 1 authorized the law enforcement agency to interview, observe, or 2 interview and observe the child in the child’s home. 3 The bill makes conforming changes to Code section 232.68 4 (child abuse reporting, assessment, and rehabilitation —— 5 definitions). 6 -4- LSB 6874XC (4) 91 dg/ko 4/ 4