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House Study Bill 80 - IntroducedA Bill ForAn Act 1relating to the public disclosure of information
2regarding founded child abuse involving a child fatality or
3near fatality.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 235A.15, subsection 10, Code 2017, is
2amended to read as follows:
310. The information released by the director of human
4services or the director’s designee pursuant to a request made
5under subsection 9 relating to a case of founded child abuse
6involving a fatality or near fatality to a child shall include
7all of the following, unless such information is excepted from
8disclosure under subsection 9:
9a. Any relevant child abuse information concerning the
10cause of and circumstances surrounding the child fatality or
11near fatality, including the age and gender of the child or the
12child’s family and the department’s response and findings.
13b. Information describing any previous child abuse or
14neglect investigations of the caregivers responsible for the
15child abuse or neglect that are pertinent to the child abuse or
16neglect that led to the child fatality or near fatality, and
17the results of any such investigations.
18b. c. A summary of information, that would otherwise be
19confidential under section 217.30, as to whether or not the
20child or a member of the child’s family was utilizing social
21services provided by the department at the time of the child
22fatality or near fatality or within the five-year period
23preceding the fatality or near fatality.
24c. d. Any recommendations made by the department to the
25county attorney or the juvenile court.
26d. e. If applicable, a summary of an evaluation of the
27department’s responses in the case. The services provided
28by and actions of the state on behalf of the child that are
29pertinent to the child abuse or neglect that led to the child
30fatality or near fatality.
31 Sec. 2. Section 235A.15, subsection 11, paragraph b, Code
322017, is amended to read as follows:
33b. If release of social services information in addition
34to that released under subsection 10, paragraph “b” “c”, is
35believed to be in the public’s interest and right to know,
-1-1the director of human services or the director’s designee may
2apply to the court under section 235A.24 requesting a review of
3the information proposed for release and an order authorizing
4release of the information. A release of information that
5would otherwise be confidential under section 217.30 concerning
6social services provided to the child or the child’s family
7shall not include information concerning financial or medical
8assistance provided to the child or the child’s family.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to information released by the department
13of human services pursuant to a request from the public in
14circumstances of a fatality or near fatality of a child in
15founded child abuse cases.
16The bill replaces general language requiring disclosure of
17any relevant child abuse information concerning the child or
18the child’s family with language requiring disclosure of any
19relevant child abuse information concerning the cause of and
20circumstances surrounding the child fatality or near fatality,
21including the age and gender of the child.
22The bill also requires the disclosure of information
23describing any pertinent previous investigations of the
24responsible caregivers for child abuse or child neglect before
25the child fatality or near fatality, and the results of any
26such investigations.
27In addition, the bill includes any services or actions the
28state took on behalf of the child that are pertinent to the
29child fatality or near fatality as part of the information
30required to be disclosed.
-2-hb/nh/rh
2regarding founded child abuse involving a child fatality or
3near fatality.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 235A.15, subsection 10, Code 2017, is
2amended to read as follows:
310. The information released by the director of human
4services or the director’s designee pursuant to a request made
5under subsection 9 relating to a case of founded child abuse
6involving a fatality or near fatality to a child shall include
7all of the following, unless such information is excepted from
8disclosure under subsection 9:
9a. Any relevant child abuse information concerning the
10cause of and circumstances surrounding the child fatality or
11near fatality, including the age and gender of the child or the
12child’s family and the department’s response and findings.
13b. Information describing any previous child abuse or
14neglect investigations of the caregivers responsible for the
15child abuse or neglect that are pertinent to the child abuse or
16neglect that led to the child fatality or near fatality, and
17the results of any such investigations.
18b. c. A summary of information, that would otherwise be
19confidential under section 217.30, as to whether or not the
20child or a member of the child’s family was utilizing social
21services provided by the department at the time of the child
22fatality or near fatality or within the five-year period
23preceding the fatality or near fatality.
24c. d. Any recommendations made by the department to the
25county attorney or the juvenile court.
26d. e. If applicable, a summary of an evaluation of the
27department’s responses in the case. The services provided
28by and actions of the state on behalf of the child that are
29pertinent to the child abuse or neglect that led to the child
30fatality or near fatality.
31 Sec. 2. Section 235A.15, subsection 11, paragraph b, Code
322017, is amended to read as follows:
33b. If release of social services information in addition
34to that released under subsection 10, paragraph “b” “c”, is
35believed to be in the public’s interest and right to know,
-1-1the director of human services or the director’s designee may
2apply to the court under section 235A.24 requesting a review of
3the information proposed for release and an order authorizing
4release of the information. A release of information that
5would otherwise be confidential under section 217.30 concerning
6social services provided to the child or the child’s family
7shall not include information concerning financial or medical
8assistance provided to the child or the child’s family.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to information released by the department
13of human services pursuant to a request from the public in
14circumstances of a fatality or near fatality of a child in
15founded child abuse cases.
16The bill replaces general language requiring disclosure of
17any relevant child abuse information concerning the child or
18the child’s family with language requiring disclosure of any
19relevant child abuse information concerning the cause of and
20circumstances surrounding the child fatality or near fatality,
21including the age and gender of the child.
22The bill also requires the disclosure of information
23describing any pertinent previous investigations of the
24responsible caregivers for child abuse or child neglect before
25the child fatality or near fatality, and the results of any
26such investigations.
27In addition, the bill includes any services or actions the
28state took on behalf of the child that are pertinent to the
29child fatality or near fatality as part of the information
30required to be disclosed.
-2-hb/nh/rh