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House File 352 - IntroducedA Bill ForAn Act 1relating to procedures for child abuse investigations by
2the department of human services.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.71B, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 2A. Notice of rights.
4a. (1) Upon commencing an assessment, the department, at
5the time of an initial face-to-face contact with the person
6responsible for the care of the child, shall provide that
7person with written notice of all of the following:
8(a) The person responsible for the care of the child is
9not required to permit the child protection worker to enter
10the residence of the person responsible for the care of the
11child. However, if permission is refused, the juvenile court
12or district court may authorize the child protection worker to
13enter the home to interview or observe the child upon a showing
14of probable cause.
15(b) The person responsible for the care of the child is not
16required to speak with the child protection worker.
17(c) The person responsible for the care of the child is
18entitled to seek the representation of an attorney and to have
19an attorney present when the person responsible for the care of
20the child is questioned by the child protection worker.
21(d) Any statement made by the person responsible for
22the care of the child or other family member may be used
23against the person responsible for the care of the child in an
24administrative or court proceeding.
25(e) The child protection worker is not an attorney and
26cannot provide legal advice to the person responsible for the
27care of the child.
28(f) The person responsible for the care of the child is not
29required to sign any document presented by the child protection
30worker including but not limited to a release of claims or a
31service agreement, and is entitled to have an attorney review
32such document before agreeing to sign the document.
33(g) A failure of the person responsible for the care of the
34child to communicate with the child protection worker may have
35serious consequences, which may include the department’s filing
-1-1of a petition for the removal of the child from the home of the
2person responsible for the care of the child, and it is in the
3best interest of the person responsible for the care of the
4child to speak with the child protection worker or immediately
5seek the advice of a qualified attorney.
6(2) The child protection worker shall request the person
7responsible for the care of the child to sign and date the
8notice described in subparagraph (1) as evidence of having
9received the notice. If the person responsible for the
10care of the child refuses to sign and date the notice upon
11such request, the child protection worker shall specifically
12indicate on the notice that the person responsible for the care
13of the child was requested to sign and date the notice and
14refused to do so and the child protection worker shall sign the
15notice as witness to the refusal by the person responsible for
16the care of the child to sign the notice. The department shall
17provide the person responsible for the care of the child with
18a copy of the signed notice at the time of the department’s
19initial face-to-face contact with the person responsible for
20the care of the child.
21b. Notwithstanding paragraph “a”, if an initial contact
22with the person responsible for the care of the child occurs
23telephonically, the department shall orally provide that person
24with notice of that person’s rights as described in paragraph
25“a”, subparagraph (1), subparagraph divisions (a) through (g).
26If the department has provided oral notice pursuant to this
27paragraph, the department shall also provide written notice
28as described in paragraph “a” upon the department’s initial
29face-to-face contact with the person responsible for the care
30of the child.
31c. The department shall make reasonable efforts to ensure
32that the notice provided to a person responsible for the care
33of the child pursuant to this section is provided in a manner
34that will be understood by the person responsible for the care
35of the child. For purposes of this paragraph, “reasonable
-2-1efforts” includes but is not limited to ensuring that the notice
2is provided in language understood by the person responsible
3for the care of the child.
4d. Any statement made by the person responsible for
5the care of the child, or by a child who is a member of the
6person’s family or household to the child protection worker
7prior to the provision of notice as described in paragraph
8“a”, or any statement made by the person responsible for
9the care of the child prior to the provision of notice as
10described in paragraph “b”, shall be deemed inadmissible in any
11administrative or court proceeding.
12e. For purposes of this subsection only, “person responsible
13for the care of a child” means a person responsible for the
14care of a child as described in section 232.68, subsection 8,
15paragraphs “a” and “b”.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill adds a notice component to department of human
20services (DHS) child abuse investigations. The bill requires
21a DHS child protection worker to provide written notice to a
22person responsible for the care of the child, meaning a parent,
23guardian, foster parent, or relative or any other person with
24whom the child resides and who assumes care or supervision of
25the child when DHS conducts an initial face-to-face contact
26with that person.
27The bill also requires DHS to provide oral notice to a person
28responsible for the care of the child when DHS conducts an
29initial contact telephonically. If a DHS child protection
30worker has a face-to-face contact with the person responsible
31for the care of the child after an initial telephone contact,
32the DHS worker must provide written notice at the first initial
33face-to-face contact as well.
34The notice must provide that the person responsible for
35the care of the child is not required to allow the DHS child
-3-1protection worker into the residence, is not required to
2speak to the DHS child protection worker, is entitled to seek
3representation of an attorney, and is not required to sign any
4document presented by the DHS child protection worker. The
5notice must also provide that any statement made by the person
6responsible for the care of the child or other family member
7may be used against the person, that the DHS child protection
8worker is not an attorney and cannot provide legal advice,
9and that the person’s failure to communicate with the child
10protection worker may have serious consequences.
11The bill requires DHS to make reasonable efforts to provide
12the notice in a manner which the person responsible for the
13care of the child can understand. The written notice for
14face-to-face contacts must be signed and dated.
15The bill provides that any statement made by the person
16responsible for the care of the child, or by a child who
17is a family member of that person, is inadmissible in any
18administrative or court proceeding prior to the provision
19of the written notice. Additionally, any statement made
20by the person responsible for the care of the child is
21inadmissible in any administrative or court proceeding prior to
22provision of oral notice when an initial contact was conducted
23telephonically.
-4-hb/rh
2the department of human services.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.71B, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 2A. Notice of rights.
4a. (1) Upon commencing an assessment, the department, at
5the time of an initial face-to-face contact with the person
6responsible for the care of the child, shall provide that
7person with written notice of all of the following:
8(a) The person responsible for the care of the child is
9not required to permit the child protection worker to enter
10the residence of the person responsible for the care of the
11child. However, if permission is refused, the juvenile court
12or district court may authorize the child protection worker to
13enter the home to interview or observe the child upon a showing
14of probable cause.
15(b) The person responsible for the care of the child is not
16required to speak with the child protection worker.
17(c) The person responsible for the care of the child is
18entitled to seek the representation of an attorney and to have
19an attorney present when the person responsible for the care of
20the child is questioned by the child protection worker.
21(d) Any statement made by the person responsible for
22the care of the child or other family member may be used
23against the person responsible for the care of the child in an
24administrative or court proceeding.
25(e) The child protection worker is not an attorney and
26cannot provide legal advice to the person responsible for the
27care of the child.
28(f) The person responsible for the care of the child is not
29required to sign any document presented by the child protection
30worker including but not limited to a release of claims or a
31service agreement, and is entitled to have an attorney review
32such document before agreeing to sign the document.
33(g) A failure of the person responsible for the care of the
34child to communicate with the child protection worker may have
35serious consequences, which may include the department’s filing
-1-1of a petition for the removal of the child from the home of the
2person responsible for the care of the child, and it is in the
3best interest of the person responsible for the care of the
4child to speak with the child protection worker or immediately
5seek the advice of a qualified attorney.
6(2) The child protection worker shall request the person
7responsible for the care of the child to sign and date the
8notice described in subparagraph (1) as evidence of having
9received the notice. If the person responsible for the
10care of the child refuses to sign and date the notice upon
11such request, the child protection worker shall specifically
12indicate on the notice that the person responsible for the care
13of the child was requested to sign and date the notice and
14refused to do so and the child protection worker shall sign the
15notice as witness to the refusal by the person responsible for
16the care of the child to sign the notice. The department shall
17provide the person responsible for the care of the child with
18a copy of the signed notice at the time of the department’s
19initial face-to-face contact with the person responsible for
20the care of the child.
21b. Notwithstanding paragraph “a”, if an initial contact
22with the person responsible for the care of the child occurs
23telephonically, the department shall orally provide that person
24with notice of that person’s rights as described in paragraph
25“a”, subparagraph (1), subparagraph divisions (a) through (g).
26If the department has provided oral notice pursuant to this
27paragraph, the department shall also provide written notice
28as described in paragraph “a” upon the department’s initial
29face-to-face contact with the person responsible for the care
30of the child.
31c. The department shall make reasonable efforts to ensure
32that the notice provided to a person responsible for the care
33of the child pursuant to this section is provided in a manner
34that will be understood by the person responsible for the care
35of the child. For purposes of this paragraph, “reasonable
-2-1efforts” includes but is not limited to ensuring that the notice
2is provided in language understood by the person responsible
3for the care of the child.
4d. Any statement made by the person responsible for
5the care of the child, or by a child who is a member of the
6person’s family or household to the child protection worker
7prior to the provision of notice as described in paragraph
8“a”, or any statement made by the person responsible for
9the care of the child prior to the provision of notice as
10described in paragraph “b”, shall be deemed inadmissible in any
11administrative or court proceeding.
12e. For purposes of this subsection only, “person responsible
13for the care of a child” means a person responsible for the
14care of a child as described in section 232.68, subsection 8,
15paragraphs “a” and “b”.
16EXPLANATION
17The inclusion of this explanation does not constitute agreement with
18the explanation’s substance by the members of the general assembly.
19This bill adds a notice component to department of human
20services (DHS) child abuse investigations. The bill requires
21a DHS child protection worker to provide written notice to a
22person responsible for the care of the child, meaning a parent,
23guardian, foster parent, or relative or any other person with
24whom the child resides and who assumes care or supervision of
25the child when DHS conducts an initial face-to-face contact
26with that person.
27The bill also requires DHS to provide oral notice to a person
28responsible for the care of the child when DHS conducts an
29initial contact telephonically. If a DHS child protection
30worker has a face-to-face contact with the person responsible
31for the care of the child after an initial telephone contact,
32the DHS worker must provide written notice at the first initial
33face-to-face contact as well.
34The notice must provide that the person responsible for
35the care of the child is not required to allow the DHS child
-3-1protection worker into the residence, is not required to
2speak to the DHS child protection worker, is entitled to seek
3representation of an attorney, and is not required to sign any
4document presented by the DHS child protection worker. The
5notice must also provide that any statement made by the person
6responsible for the care of the child or other family member
7may be used against the person, that the DHS child protection
8worker is not an attorney and cannot provide legal advice,
9and that the person’s failure to communicate with the child
10protection worker may have serious consequences.
11The bill requires DHS to make reasonable efforts to provide
12the notice in a manner which the person responsible for the
13care of the child can understand. The written notice for
14face-to-face contacts must be signed and dated.
15The bill provides that any statement made by the person
16responsible for the care of the child, or by a child who
17is a family member of that person, is inadmissible in any
18administrative or court proceeding prior to the provision
19of the written notice. Additionally, any statement made
20by the person responsible for the care of the child is
21inadmissible in any administrative or court proceeding prior to
22provision of oral notice when an initial contact was conducted
23telephonically.
-4-hb/rh