H.F. 590 Section 1. Section 232.68, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4A. “Differential response” means an 3 assessment system in which there are two discrete pathways 4 to respond to accepted reports of child abuse, a child 5 abuse assessment and a family assessment. The child abuse 6 assessment pathway shall require a determination of abuse and a 7 determination of whether criteria for placement on the central 8 abuse registry are met. As used in this subsection and this 9 part: 10 a. “Assessment” means the process by which the department 11 responds to all accepted reports of alleged child abuse. An 12 “assessment” addresses child safety, family functioning, 13 culturally competent practice, and identifies the family 14 strengths and needs, and engages the family in services if 15 needed. The department’s assessment process occurs either 16 through a child abuse assessment or a family assessment. 17 b. “Child abuse assessment” means an assessment process by 18 which the department responds to all accepted reports of child 19 abuse which allege child abuse as defined in subsection 2, 20 paragraph “a” , subparagraphs (1) through (3) and subparagraphs 21 (5) through (10), or which allege child abuse as defined in 22 subsection 2, paragraph “a” , subparagraph (4), that also 23 allege imminent danger, death, or injury to a child. A “child 24 abuse assessment” results in a disposition and a determination 25 of whether a case meets the definition of child abuse and a 26 determination of whether criteria for placement on the registry 27 are met. 28 c. “Family assessment” means an assessment process by which 29 the department responds to all accepted reports of child abuse 30 which allege child abuse as defined in subsection 2, paragraph 31 “a” , subparagraph (4), but do not allege imminent danger, death, 32 or injury to a child. A “family assessment” does not include a 33 determination of whether a case meets the definition of child 34 abuse and does not include a determination of whether criteria 35 -1- HF 590 (5) 85 ad/nh/md 1/ 14

H.F. 590 for placement on the registry are met. 1 Sec. 2. Section 232.70, subsection 5, Code 2013, is amended 2 to read as follows: 3 5. Upon receipt of a report , the department shall do all of 4 the following: 5 a. Immediately , upon receipt of an oral report, make 6 a determination as to whether the report constitutes an 7 allegation of child abuse as defined in section 232.68 . 8 b. Notify the appropriate county attorney of the receipt of 9 the report. 10 Sec. 3. Section 232.71B, subsections 1, 3, 4, 10, 12, 13, 11 and 14, Code 2013, are amended to read as follows: 12 1. Commencement of assessment —— differential response —— 13 purpose. 14 a. If the department determines a report constitutes a child 15 abuse allegation, the department shall promptly commence an 16 appropriate either a child abuse assessment within twenty-four 17 hours of receiving the report or a family assessment within 18 seventy-two hours of receiving the report . 19 (1) Upon acceptance of a report of child abuse, the 20 department shall commence a child abuse assessment when the 21 report alleges child abuse as defined in section 232.68, 22 subsection 2, paragraph “a” , subparagraphs (1) through (3) and 23 subparagraphs (5) through (10), or which alleges child abuse 24 as defined in section 232.68, subsection 2, paragraph “a” , 25 subparagraph (4), that also alleges imminent danger, death, or 26 injury to a child. 27 (2) Upon acceptance of a report of child abuse, the 28 department shall commence a family assessment when the report 29 alleges child abuse as defined in section 232.68, subsection 2, 30 paragraph “a” , subparagraph (4), but does not allege imminent 31 danger, death, or injury to a child. 32 b. The primary purpose of either the child abuse assessment 33 or the family assessment shall be the protection of the child 34 named in the report. The secondary purpose of the assessment 35 -2- HF 590 (5) 85 ad/nh/md 2/ 14

H.F. 590 either type of assessment shall be to engage the child’s family 1 in services to enhance family strengths and to address needs. 2 3. Involvement of law enforcement. The department shall 3 apply protocols, developed with the local child protection 4 assistance team established pursuant to section 915.35 , to 5 prioritize the actions taken in response to a child abuse 6 reports assessment and to shall work jointly with child 7 protection assistance teams and law enforcement agencies in 8 performing assessment and investigative processes for child 9 abuse reports assessments in which a criminal act harming a 10 child is alleged. The county attorney and appropriate law 11 enforcement agencies shall also take any other lawful action 12 which may be necessary or advisable for the protection of the 13 child. 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 4. Assessment process. The 19 a. A child abuse assessment is subject to or family 20 assessment shall include all of the following: 21 (1) A safety assessment and risk assessment. If at any 22 time during a family assessment, a child is determined unsafe 23 or in imminent danger, it appears that the immediate safety or 24 well-being of a child is endangered, it appears that the family 25 may flee or the child may disappear, or the facts otherwise 26 warrant, the department shall immediately commence a child 27 abuse assessment. 28 (2) An evaluation of the home environment. If concerns 29 regarding protection of children are identified by the child 30 protection worker, the child protection worker shall evaluate 31 the child named in the report and any other children in the 32 same home as the parents or other persons responsible for their 33 care. 34 b. In addition to the requirements of paragraph “a” , a child 35 -3- HF 590 (5) 85 ad/nh/md 3/ 14

H.F. 590 abuse assessment shall include the following: 1 a. (1) Identification of the nature, extent, and cause of 2 the injuries, if any, to the child named in the report. 3 b. (2) Identification of the person or persons responsible 4 for the alleged child abuse. 5 c. (3) A description of the name, age, and condition of 6 other children in the same home as the child named in the 7 report. 8 d. An evaluation of the home environment. If concerns 9 regarding protection of children are identified by the child 10 protection worker, the child protection worker shall evaluate 11 the child named in the report and any other children in the 12 same home as the parents or other persons responsible for their 13 care. 14 e. (4) An interview of the person alleged to have committed 15 the child abuse, if the person’s identity and location are 16 known. The offer of an interview shall be made to the person 17 prior to any consideration or determination being made that 18 the person committed the alleged abuse. The person shall be 19 informed of the complaint or allegation made regarding the 20 person. The person shall be informed in a manner that protects 21 the confidentiality rights of the individual who reported the 22 child abuse or provided information as part of the assessment 23 process. The purpose of the interview shall be to provide the 24 person with the opportunity to explain or rebut the allegations 25 of the child abuse report or other allegations made during 26 the assessment. The court may waive the requirement to offer 27 the interview only for good cause. The person offered an 28 interview, or the person’s attorney on the person’s behalf, may 29 decline the offer of an interview of the person. 30 f. Unless otherwise prohibited under section 234.40 31 or 280.21 , the use of corporal punishment by the person 32 responsible for the care of a child which does not result in 33 a physical injury to the child shall not be considered child 34 abuse. 35 -4- HF 590 (5) 85 ad/nh/md 4/ 14

H.F. 590 10. Multidisciplinary team. In each county or multicounty 1 area in which more than fifty child abuse reports are made 2 per year, the department shall establish a multidisciplinary 3 team, as defined in section 235A.13, subsection 8 . Upon the 4 department’s request, a multidisciplinary team shall assist the 5 department in the assessment, diagnosis, and disposition of a 6 child abuse report assessment . 7 12. Assessment Written assessment report. 8 a. The department, upon completion of the child abuse 9 assessment or the family assessment , shall make a written 10 report of the assessment, in accordance with all of the 11 following: 12 a. (1) The written assessment report shall incorporate the 13 information required by subsection 4 , paragraph “a” . 14 b. (2) The A written child abuse assessment report shall 15 be completed within twenty business days of the receipt of the 16 child abuse report. A written family assessment report shall 17 be completed within ten business days of the receipt of the 18 child abuse report. 19 c. The written assessment shall include a description of 20 the child’s condition, identification of the injury or risk to 21 which the child was exposed, the circumstances which led to the 22 injury or risk to the child, and the identity of any person 23 alleged to be responsible for the injury or risk to the child. 24 d. (3) The written assessment report shall identify the 25 strengths and needs of the child, and of the child’s parent, 26 home, and family. 27 e. (4) The written assessment report shall identify 28 services available from the department and informal and formal 29 services and other support available in the community to 30 address the strengths and needs identified in the assessment. 31 f. (5) Upon completion of the assessment, the department 32 shall consult with the child’s family in offering services to 33 the child and the child’s family to address strengths and needs 34 identified in the assessment. 35 -5- HF 590 (5) 85 ad/nh/md 5/ 14

H.F. 590 b. In addition to the requirements of paragraph “a” , 1 a written child abuse assessment report shall include a 2 description of the child’s condition, identification of 3 the injury or risk to which the child was exposed, the 4 circumstances which led to the injury or risk to the child, and 5 the identity of any person alleged to be responsible for the 6 injury or risk to the child. 7 g. c. The Following a child abuse assessment, the 8 department shall notify each subject of the child abuse report, 9 as identified in section 235A.15, subsection 2 , paragraph “a” , 10 of the results of the child abuse assessment, of the subject’s 11 right, pursuant to section 235A.19 , to correct the report data 12 or disposition data which refers to the subject, and of the 13 procedures to correct the data. 14 d. Following a family assessment, the department shall 15 notify the parent or guardian of each child listed in the 16 report of suspected child abuse of the completion of the family 17 assessment and any service recommendations. For cases assessed 18 pursuant to a family assessment, there shall be no right to a 19 contested case hearing pursuant to chapter 17A. 20 h. e. If after completing the assessment process the child 21 protection worker determines, with the concurrence of the 22 worker’s supervisor and the department’s area administrator, 23 that a report of suspected child abuse is a spurious report or 24 that protective concerns are not present, the portions of the 25 written assessment report described under paragraphs “d” and “e” 26 paragraph “a” , subparagraphs (3) and (4) shall not be required. 27 13. Court-ordered and voluntary services. The In cases where 28 abuse has been determined founded during the course of a child 29 abuse assessment, the department shall provide or arrange for 30 and monitor services for abused children and their families on 31 a voluntary basis or under a final or intermediate order of the 32 juvenile court. The department may arrange for services for 33 children and families during and at the conclusion of a family 34 assessment. 35 -6- HF 590 (5) 85 ad/nh/md 6/ 14

H.F. 590 14. County attorney —— juvenile court. The department shall 1 provide the juvenile court and the county attorney with a copy 2 of the portion of the written child abuse assessment pertaining 3 to the child abuse report , the written family assessment report 4 for cases in which the department requests a child in need of 5 assistance petition, or other reports for cases in which the 6 department requests a child in need of assistance petition . 7 The juvenile court and the county attorney shall notify 8 the department of any action taken concerning an assessment 9 provided by the department. 10 Sec. 4. Section 232.71B, Code 2013, is amended by adding the 11 following new subsections: 12 NEW SUBSECTION . 4A. Child abuse determination. Unless 13 otherwise prohibited under section 234.40 or 280.21, the use of 14 corporal punishment by the person responsible for the care of a 15 child which does not result in a physical injury to the child 16 shall not be considered child abuse. 17 NEW SUBSECTION . 16. Rules. The department shall adopt 18 rules regarding the intake process, assessment process, 19 assessment reports, contact with juvenile court or the county 20 attorney, involvement with law enforcement, case record 21 retention, and dissemination of records for both child abuse 22 assessments and family assessments. 23 Sec. 5. Section 232.71C, Code 2013, is amended to read as 24 follows: 25 232.71C Court action following child abuse assessment —— 26 guardian ad litem. 27 1. If, upon completion of an assessment performed under 28 section 232.71B , the department determines that the best 29 interests of the child require juvenile court action, the 30 department shall act appropriately to initiate the action. 31 If at any time during the assessment process the department 32 believes court action is necessary to safeguard a child, the 33 department shall act appropriately to initiate the action. The 34 county attorney shall assist the department as provided under 35 -7- HF 590 (5) 85 ad/nh/md 7/ 14

H.F. 590 section 232.90, subsection 2 . 1 2. The department shall assist the juvenile court or 2 district court during all stages of court proceedings involving 3 an alleged child abuse case in accordance with the purposes of 4 this chapter . 5 3. In every case involving child abuse which results in 6 a child protective judicial proceeding, whether or not the 7 proceeding arises under this chapter , a guardian ad litem 8 shall be appointed by the court to represent the child in the 9 proceedings. Before a guardian ad litem is appointed pursuant 10 to this section , the court shall require the person responsible 11 for the care of the child to complete under oath a detailed 12 financial statement. If, on the basis of that financial 13 statement, the court determines that the person responsible for 14 the care of the child is able to bear the cost of the guardian 15 ad litem, the court shall so order. In cases where the person 16 responsible for the care of the child is unable to bear the 17 cost of the guardian ad litem, the expense shall be paid out of 18 the county treasury. 19 Sec. 6. Section 232.71D, subsection 1, Code 2013, is amended 20 to read as follows: 21 1. The requirements of this section shall apply to child 22 abuse information relating to a report of child abuse and to an 23 a child abuse assessment performed in accordance with section 24 232.71B . 25 Sec. 7. Section 232.71D, subsection 3, paragraph b, 26 subparagraph (2), Code 2013, is amended to read as follows: 27 (2) The department determines the acts or omissions of the 28 alleged perpetrator meet the definition of child abuse and the 29 department has previously determined within the eighteen-month 30 five-year period preceding the issuance of the department’s 31 report that the acts or omissions of the alleged perpetrator in 32 a prior case met the definition of child abuse. 33 Sec. 8. Section 232.71D, subsection 6, paragraph a, Code 34 2013, is amended by adding the following new subparagraph: 35 -8- HF 590 (5) 85 ad/nh/md 8/ 14

H.F. 590 NEW SUBPARAGRAPH . (03) Information pertaining to a report 1 of suspected child abuse for which there was an assessment 2 performed but no determination was made as to whether the 3 definition of child abuse was met. 4 Sec. 9. Section 232.77, subsection 1, Code 2013, is amended 5 to read as follows: 6 1. A person who is required to report a case of suspected 7 child abuse may take or cause to be taken, at public expense, 8 photographs, X rays, or other physical examinations or 9 tests of a child which would provide medical indication of 10 allegations arising from a child abuse an assessment. A 11 health practitioner may, if medically indicated, cause to be 12 performed radiological examination, physical examination, 13 or other medical tests of the child. A person who takes 14 any photographs or X rays or performs physical examinations 15 or other tests pursuant to this section shall notify the 16 department that the photographs or X rays have been taken or 17 the examinations or other tests have been performed. The 18 person who made notification shall retain the photographs or 19 X rays or examination or test findings for a reasonable time 20 following the notification. Whenever the person is required 21 to report under section 232.69 , in that person’s capacity as 22 a member of the staff of a medical or other private or public 23 institution, agency or facility, that person shall immediately 24 notify the person in charge of the institution, agency, or 25 facility or that person’s designated delegate of the need for 26 photographs or X rays or examinations or other tests. 27 Sec. 10. Section 232.141, subsection 6, Code 2013, is 28 amended to read as follows: 29 6. If a child is given physical or mental examinations or 30 treatment relating to a child abuse an assessment performed 31 pursuant to section 232.71B with the consent of the child’s 32 parent, guardian, or legal custodian and no other provision 33 of law otherwise requires payment for the costs of the 34 examination and treatment, the costs shall be paid by the 35 -9- HF 590 (5) 85 ad/nh/md 9/ 14

H.F. 590 state. Reimbursement for costs of services described in this 1 subsection is subject to subsection 5 . 2 Sec. 11. Section 235A.14, subsection 1, Code 2013, is 3 amended to read as follows: 4 1. There is created within the state department of 5 human services a central registry for certain child abuse 6 information. The department shall organize and staff the 7 registry and adopt rules for its operation. 8 Sec. 12. Section 235A.15, subsection 12, Code 2013, is 9 amended to read as follows: 10 12. If an individual who is the subject of a child abuse 11 report listed in subsection 2 , paragraph “a” , or another 12 party involved in a child abuse an assessment under section 13 232.71B releases in a public forum or to the media information 14 concerning a case of child abuse including but not limited to 15 child abuse information which would otherwise be confidential, 16 the director of human services, or the director’s designee, may 17 respond with relevant information concerning the case of child 18 abuse that was the subject of the release. Prior to releasing 19 the response, the director or the director’s designee shall 20 consult with the child’s parent or guardian, or the child’s 21 guardian ad litem, and apply to the court under section 235A.24 22 requesting a review of the information proposed for release and 23 an order authorizing release of the information. 24 Sec. 13. Section 235A.18, subsection 1, paragraph a, Code 25 2013, is amended to read as follows: 26 a. (1) Report and disposition data relating to a particular 27 case of alleged child abuse shall be sealed ten years after 28 the initial placement of the data in the registry unless good 29 cause be shown why the data should remain open to authorized 30 access. If a subsequent report of an alleged case of child 31 abuse involving the child named in the initial data placed in 32 the registry as the victim of abuse or a person named in the 33 data as having abused a child is received by the department 34 within this ten-year period , or within the period in which 35 -10- HF 590 (5) 85 ad/nh/md 10/ 14

H.F. 590 the person’s name is in the central registry , the data shall 1 be sealed ten years after receipt of the subsequent report 2 unless good cause be shown why the data should remain open to 3 authorized access. However, a person named in the initial data 4 placed in the registry as having abused a child shall have the 5 person’s name removed from the registry if that person has 6 not had a subsequent case of alleged abuse which resulted in 7 the person’s name being placed in the registry as the person 8 responsible for the abuse within the ten-year period. Report 9 and disposition data shall be made available to the department 10 of justice if the department requests access to the alleged 11 child abuse records for purposes of review by the prosecutor’s 12 review committee or commitment of sexually violent predators 13 under chapter 229A . 14 (2) Notwithstanding subparagraph (1), a person named in the 15 initial data placed in the registry as having abused a child 16 shall have the person’s name removed from the registry after 17 ten years, if not previously removed from the registry pursuant 18 to the other provisions of this subsection, if that person has 19 not had a subsequent case of alleged abuse which resulted in 20 the person’s name being placed in the registry as the person 21 responsible for the abuse within the ten-year period. 22 (3) (a) A person named in the initial data placed in the 23 registry as having abused a child shall have the person’s name 24 removed from the registry after five years if the department 25 determined in the report and disposition data that the person 26 committed child abuse as defined in section 232.68, subsection 27 2, paragraph “a” , subparagraph (1), (4), (6), or (7). 28 (b) Subparagraph division (a) shall not apply, and the 29 name of a person named in the initial data as having abused a 30 child shall remain in the registry as described in subparagraph 31 (1), if the department determined in the initial report and 32 disposition data the person committed child abuse as defined in 33 section 232.68, subsection 2, paragraph “a” , subparagraph (1), 34 (4), (6), or (7) and the child abuse resulted in the child’s 35 -11- HF 590 (5) 85 ad/nh/md 11/ 14

H.F. 590 death or a serious injury. 1 Sec. 14. Section 235A.19, subsection 2, Code 2013, is 2 amended to read as follows: 3 2. At the time the notice of the results of an a child 4 abuse assessment performed in accordance with section 232.71B 5 is issued, the department shall provide notice to a person 6 named in the report as having abused a child of the right to 7 a contested case hearing and shall provide notice to subjects 8 other than the person named in the report as having abused a 9 child of the right to intervene in a contested case proceeding, 10 as provided in subsection 3 . 11 Sec. 15. Section 235A.19, subsection 3, paragraph a, Code 12 2013, is amended to read as follows: 13 a. A subject of a child abuse report may file with the 14 department within ninety days of the date of the notice of the 15 results of an a child abuse assessment performed in accordance 16 with section 232.71B , a written statement to the effect that 17 report data and disposition data referring to the subject is 18 in whole or in part erroneous, and may request a correction 19 of that data or of the findings of the child abuse assessment 20 report. 21 Sec. 16. Section 915.35, subsection 4, paragraph b, Code 22 2013, is amended to read as follows: 23 b. A child protection assistance team may also consult 24 with or include juvenile court officers, medical and mental 25 health professionals, physicians or other hospital-based health 26 professionals, court-appointed special advocates, guardians ad 27 litem, and members of a multidisciplinary team created by the 28 department of human services for child abuse investigations. 29 A child protection assistance team may work cooperatively 30 with the early childhood Iowa area board established under 31 chapter 256I . The child protection assistance team shall 32 work with the department of human services in accordance with 33 section 232.71B, subsection 3 , in developing the protocols 34 for prioritizing the actions taken in response to child abuse 35 -12- HF 590 (5) 85 ad/nh/md 12/ 14

H.F. 590 reports assessments and for law enforcement agencies working 1 jointly with the department at the local level in processes for 2 child abuse reports assessments . The department of justice may 3 provide training and other assistance to support the activities 4 of a child protection assistance team. 5 Sec. 17. RULES. The department of human services shall 6 adopt rules to implement this Act. 7 Sec. 18. EFFECTIVE UPON ENACTMENT. The following 8 provision or provisions of this Act, being deemed of immediate 9 importance, take effect upon enactment: 10 1. The section of this Act requiring the department of human 11 services to adopt rules. 12 Sec. 19. EFFECTIVE DATE AND IMPLEMENTATION. The following 13 provision or provisions of this Act take effect January 14 1, 2014, except that the department of human services may 15 begin implementation prior to January 1, 2014, to the extent 16 necessary to transition to full implementation of these 17 provisions of this Act: 18 1. The sections of this Act amending sections 232.68, 19 232.70, 232.71B, 232.71C, 232.71D, 232.77, 232.141, 235A.14, 20 235A.15, 235A.18, 235A.19, and 915.35. 21 Sec. 20. APPLICABILITY. 22 1. The section of this Act amending section 232.71D, 23 subsection 3, relating to the placement of the names of the 24 child and the alleged perpetrator of the alleged child abuse 25 and any other child abuse information on the central registry 26 for child abuse information due to a prior case in which the 27 department determined the case met the definition of child 28 abuse, applies to cases in which the prior case which met the 29 definition of child abuse occurred on or after the effective 30 date of that section of this Act. 31 2. The section of this Act amending section 235A.18, 32 subsection 1, paragraph “a”, relating to removal of the name 33 of a person named in the initial data placed in the central 34 registry for child abuse information as having abused a child, 35 -13- HF 590 (5) 85 ad/nh/md 13/ 14