Bill Text: IA HF191 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to due process requirements associated with child abuse assessments performed by the department of human services and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF191 Detail]
Download: Iowa-2011-HF191-Introduced.html
House
File
191
-
Introduced
HOUSE
FILE
191
BY
HUNTER
A
BILL
FOR
An
Act
relating
to
due
process
requirements
associated
with
1
child
abuse
assessments
performed
by
the
department
of
human
2
services
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1759HH
(2)
84
jp/nh
H.F.
191
Section
1.
Section
232.71B,
subsection
4,
paragraph
e,
Code
1
2011,
is
amended
to
read
as
follows:
2
e.
(1)
An
interview
of
the
person
alleged
to
have
committed
3
the
child
abuse,
if
the
person’s
identity
and
location
are
4
known.
The
offer
of
an
interview
shall
be
made
to
the
person
5
prior
to
any
consideration
or
determination
being
made
that
6
the
person
committed
the
alleged
abuse.
The
person
shall
be
7
informed
of
the
complaint
or
allegation
made
regarding
the
8
person.
The
person
shall
be
informed
in
a
manner
that
protects
9
the
confidentiality
rights
of
the
individual
who
reported
the
10
child
abuse
or
provided
information
as
part
of
the
assessment
11
process.
The
purpose
of
the
interview
shall
be
to
provide
the
12
person
with
the
opportunity
to
explain
or
rebut
the
allegations
13
of
the
child
abuse
report
or
other
allegations
made
during
14
the
assessment.
The
court
may
waive
the
requirement
to
offer
15
the
interview
only
for
good
cause.
The
person
offered
an
16
interview,
or
the
person’s
attorney
on
the
person’s
behalf,
may
17
decline
the
offer
of
an
interview
of
the
person
or
terminate
an
18
interview
at
any
time
.
19
(2)
Prior
to
conducting
the
interview,
the
child
protection
20
worker
shall
provide
written
notification
to
the
person
that
21
the
person
is
being
interviewed
for
having
been
alleged
to
22
have
committed
child
abuse
including
notification
of
the
23
nature
of
the
child
abuse
being
assessed,
the
possible
civil
24
administrative
consequences
of
founded
abuse,
the
requirement
25
that
the
department
forward
a
report
to
law
enforcement
if
the
26
department’s
assessment
reveals
a
potential
criminal
offense,
27
and
that
the
person
has
the
right
to
retain
legal
counsel
at
28
the
person’s
expense.
If
the
alleged
child
abuse
is
related
29
to
the
person’s
employment,
the
person
may
choose
to
have
30
legal
counsel,
union
representation,
or
any
other
desired
31
representative
of
the
person
or
the
person’s
employer
present
32
during
the
interview.
The
person
alleged
to
have
committed
the
33
child
abuse
shall
inform
the
child
protection
worker
of
the
34
representatives
desired
to
be
present
during
the
interview
and
35
-1-
LSB
1759HH
(2)
84
jp/nh
1/
7
H.F.
191
not
delay
the
interview
by
more
than
five
working
days
to
make
1
arrangements
for
the
person’s
representatives
to
be
present
at
2
the
interview.
Any
employer
representative
shall
be
informed
3
of
the
requirement
to
maintain
strict
confidentiality
and
of
4
the
prohibition
against
redissemination
of
such
information
5
pursuant
to
chapter
235A.
6
(3)
At
the
interview,
the
child
protection
worker
shall
7
request
and
the
person
alleged
to
have
committed
the
child
8
abuse
shall
provide
the
person’s
most
current
contact
9
information
to
facilitate
provision
of
the
results
of
the
10
assessment
to
the
person.
11
Sec.
2.
Section
232.71B,
subsection
6,
Code
2011,
is
amended
12
to
read
as
follows:
13
6.
Facility
,
or
school
,
or
program
visit.
14
a.
The
assessment
may
include
a
visit
to
a
facility
or
15
program
providing
care
to
the
child
named
in
the
report
or
to
16
any
public
or
private
school
subject
to
the
authority
of
the
17
department
of
education
where
the
child
named
in
the
report
18
is
located.
The
administrator
of
a
facility
or
program
,
or
19
a
public
or
private
school
shall
cooperate
with
the
child
20
protection
worker
by
providing
confidential
access
to
the
child
21
named
in
the
report
for
the
purpose
of
interviewing
the
child,
22
and
shall
allow
the
child
protection
worker
confidential
access
23
to
other
children
for
the
purpose
of
conducting
interviews
in
24
order
to
obtain
relevant
information.
The
child
protection
25
worker
may
observe
a
child
named
in
a
report
in
accordance
with
26
the
provisions
of
section
232.68,
subsection
3
,
paragraph
“b”
.
27
A
witness
shall
be
present
during
an
observation
of
a
child.
28
Any
child
aged
ten
years
of
age
or
older
can
terminate
contact
29
with
the
child
protection
worker
by
stating
or
indicating
30
the
child’s
wish
to
discontinue
the
contact.
The
immunity
31
granted
by
section
232.73
applies
to
acts
or
omissions
in
good
32
faith
of
administrators
and
their
facilities
,
programs,
or
33
school
districts
for
cooperating
in
an
assessment
and
allowing
34
confidential
access
to
a
child.
35
-2-
LSB
1759HH
(2)
84
jp/nh
2/
7
H.F.
191
b.
If
the
person
alleged
to
have
committed
the
child
1
abuse
is
employed
by
a
facility,
program,
or
school
and
the
2
child
protection
worker
believes
the
situation
involves
an
3
immediate
danger
to
the
public
health,
safety,
or
welfare
4
requiring
immediate
agency
action
to
seek
emergency
placement
5
on
the
central
registry,
the
department
may
utilize
emergency
6
adjudicative
proceedings
pursuant
to
section
17A.18A.
7
c.
A
child
protection
worker
may
enter
any
facility,
8
program,
or
school
without
a
warrant
and
may
examine
all
9
records
pertaining
to
children
who
attend,
employees,
former
10
employees,
and
the
person
alleged
to
have
committed
the
child
11
abuse.
12
d.
Independent
of
the
department’s
assessment,
the
facility,
13
program,
or
school
employing
the
person
alleged
to
have
14
committed
the
child
abuse
shall
conduct
an
investigation
of
15
the
alleged
child
abuse
and
determine
what,
if
any,
employment
16
action
should
be
taken
including
but
not
limited
to
placing
the
17
person
on
administrative
leave
or
reassigning
or
terminating
18
the
person
as
a
result
of
the
investigation
by
the
facility,
19
program,
or
school.
If
the
facility,
program,
or
school
20
terminates
the
person
as
a
result
of
the
investigation
by
21
the
facility,
program,
or
school
or
the
person
resigns,
the
22
person
shall
disclose
such
termination
or
investigation
to
any
23
prospective
facility,
program,
or
school
employer.
Such
a
24
person
who
fails
to
disclose
such
termination
or
investigation
25
commits
a
simple
misdemeanor.
26
Sec.
3.
Section
232.71B,
subsection
12,
paragraph
g,
Code
27
2011,
is
amended
to
read
as
follows:
28
g.
(1)
The
department
shall
notify
each
subject
of
29
the
child
abuse
report,
as
identified
in
section
235A.15,
30
subsection
2
,
paragraph
“a”
,
of
the
results
of
the
assessment,
31
of
the
subject’s
right,
pursuant
to
section
235A.19
,
to
32
correct
the
report
data
or
disposition
data
which
refers
to
the
33
subject,
and
of
the
procedures
to
correct
the
data.
The
notice
34
shall
also
detail
the
consequences
of
placement
of
the
person’s
35
-3-
LSB
1759HH
(2)
84
jp/nh
3/
7
H.F.
191
name
on
the
central
child
abuse
registry.
1
(2)
If
the
alleged
child
abuse
is
employment-related,
the
2
department
shall
also
notify
the
employer
of
the
results
of
the
3
assessment.
4
Sec.
4.
Section
235A.19,
subsection
2,
paragraph
a,
Code
5
2011,
is
amended
to
read
as
follows:
6
a.
(1)
A
subject
of
a
child
abuse
report
may
file
with
the
7
department
within
six
months
of
the
date
of
the
notice
of
the
8
results
of
an
assessment
performed
in
accordance
with
section
9
232.71B
,
a
written
statement
to
the
effect
that
report
data
and
10
disposition
data
referring
to
the
subject
is
in
whole
or
in
11
part
erroneous,
and
may
request
a
correction
of
that
data
or
of
12
the
findings
of
the
assessment
report.
The
department
shall
13
provide
the
subject
with
an
opportunity
for
an
evidentiary
a
14
contested
case
hearing
pursuant
to
chapter
17A
to
correct
the
15
data
or
the
findings,
unless
the
department
corrects
the
data
16
or
findings
as
requested.
The
department
may
defer
the
hearing
17
until
the
conclusion
of
a
pending
juvenile
or
district
court
18
case
relating
to
the
data
or
findings.
19
(2)
In
lieu
of
filing
under
subparagraph
(1),
if
the
subject
20
of
a
child
abuse
report
files
such
a
request
for
correction
21
of
report
data
and
disposition
data
or
of
the
findings
of
the
22
assessment
report
within
fifteen
days
of
the
date
of
the
notice
23
of
the
results
of
an
assessment,
the
department
shall
not
place
24
child
abuse
information
referring
to
the
subject
on
the
central
25
abuse
registry
until
final
agency
action
is
taken.
A
contested
26
case
hearing
on
the
request
shall
be
held
within
sixty
days
of
27
the
request.
The
subject
may
extend
the
hearing
timeframe
by
28
thirty
days
one
time.
Additional
requests
for
an
extension
29
must
be
agreed
upon
by
all
parties
or
necessitated
by
good
30
cause.
The
administrative
law
judge’s
proposed
decision
shall
31
be
issued
within
thirty
days
of
the
contested
case
hearing.
32
If
further
review
of
the
decision
is
not
requested
before
the
33
proposed
decision
becomes
final,
the
proposed
decision
shall
be
34
deemed
final
agency
action.
If
further
review
is
requested,
35
-4-
LSB
1759HH
(2)
84
jp/nh
4/
7
H.F.
191
the
department’s
final
agency
action
shall
occur
within
thirty
1
days
of
the
issuance
of
the
administrative
law
judge’s
proposed
2
decision.
Upon
final
agency
action,
further
appeal
rights
3
shall
be
governed
by
subsection
3.
4
Sec.
5.
Section
235A.19,
subsection
3,
Code
2011,
is
amended
5
to
read
as
follows:
6
3.
The
subject
of
a
child
abuse
report
may
appeal
the
7
final
agency
decision
resulting
from
a
hearing
held
pursuant
8
to
subsection
2
to
the
district
court
of
Polk
county
or
to
the
9
district
court
of
the
district
in
which
the
subject
of
the
10
child
abuse
report
resides.
Immediately
upon
appeal
the
court
11
shall
order
the
department
to
file
with
the
court
a
certified
12
copy
of
the
report
data
or
disposition
data.
Appeal
shall
be
13
taken
in
accordance
with
chapter
17A
.
14
EXPLANATION
15
This
bill
relates
to
due
process
requirements
associated
16
with
child
abuse
assessments
performed
by
the
department
of
17
human
services.
18
Code
section
232.71B,
relating
to
assessments
performed
19
by
the
department
in
response
to
a
report
of
child
abuse,
20
is
amended
in
several
ways.
Existing
requirements
for
an
21
interview
of
a
person
alleged
to
have
committed
the
child
22
abuse
are
expanded
to
allow
the
subject
to
terminate
an
23
interview
at
any
time,
to
require
written
notification
of
the
24
person
providing
information
about
the
process,
procedural
25
protections,
potential
effects
of
a
child
abuse
finding,
and
to
26
allow
representatives
of
the
person
or
the
person’s
employer
27
to
be
present
at
the
interview.
The
child
protection
worker
28
is
required
to
request
and
the
person
to
provide
contact
29
information.
30
Existing
requirements
for
a
child
protection
worker’s
visit
31
to
a
facility
providing
care
to
the
child
named
in
the
report
32
are
expanded
to
include
a
program
providing
the
care.
If
the
33
person
alleged
to
have
committed
the
child
abuse
is
employed
by
34
a
facility,
program,
or
school
and
the
child
protection
worker
35
-5-
LSB
1759HH
(2)
84
jp/nh
5/
7
H.F.
191
believes
the
situation
involves
an
immediate
danger
to
the
1
public
health,
safety,
or
welfare
requiring
immediate
placement
2
on
the
child
abuse
registry,
the
department
may
utilize
an
3
emergency
adjudicative
proceeding
pursuant
to
section
17A.18A.
4
A
child
protection
worker
may
enter
any
facility,
program,
5
or
school
without
a
warrant
and
examine
all
records
pertaining
6
to
children
who
attend,
employees,
former
employees,
and
the
7
person
alleged
to
have
committed
the
child
abuse.
8
Independent
of
the
department’s
assessment,
the
facility,
9
program,
or
school
employing
the
person
alleged
to
have
10
committed
the
child
abuse
is
required
to
conduct
an
11
investigation
of
the
alleged
child
abuse
and
determine
what,
12
if
any,
employment
action
should
be
taken
including
but
not
13
limited
to
placing
the
person
on
administrative
leave
or
14
reassigning
or
terminating
the
person
as
a
result
of
the
15
investigation.
If
the
facility,
program,
or
school
terminates
16
the
person
or
the
person
resigns,
the
person
is
required
to
17
disclose
such
termination
or
investigation
to
any
prospective
18
facility,
program,
or
school
employer.
A
person
who
fails
to
19
disclose
such
termination
or
investigation
commits
a
simple
20
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
21
for
no
more
than
30
days
or
a
fine
of
at
least
$65
but
not
more
22
than
$625
or
by
both.
23
The
requirements
of
the
department
to
notify
subjects
of
24
a
child
abuse
report
(these
persons
or
their
attorneys:
the
25
child,
the
child’s
parent,
guardian,
or
legal
custodian,
and
26
the
person
named
in
a
report
as
having
abused
a
child)
in
Code
27
section
232.71B
are
expanded
to
also
include
the
employer
if
28
the
abuse
is
employment-related.
29
Code
section
235A.19,
relating
to
requests
for
correction
30
or
expungement
and
appeals
of
child
abuse
findings
or
data,
is
31
amended
to
allow
the
subject
of
a
child
abuse
report
to
file
32
an
expedited
request.
The
procedure
in
current
law
requires
33
the
request
to
be
filed
within
six
months
of
the
issuance
date
34
of
the
notice
of
assessment
results.
The
expedited
process
in
35
-6-
LSB
1759HH
(2)
84
jp/nh
6/
7
H.F.
191
the
bill
can
be
used
in
lieu
of
the
procedure
under
current
law
1
and
the
request
must
be
filed
within
15
days
of
the
notice.
2
The
request
is
considered
in
a
contested
case
hearing
which
3
must
be
held
within
60
days
and
the
department
is
prohibited
4
from
placing
the
child
abuse
information
on
the
registry
until
5
the
final
agency
action
concerning
the
hearing
decision.
The
6
hearing
timeframe
can
be
extended
30
days
by
the
subject
7
one
time.
Other
extensions
must
be
by
mutual
agreement
or
8
necessitated
by
good
cause.
The
administrative
law
judge’s
9
proposed
decision
is
required
within
30
days
of
the
hearing
and
10
if
further
review
of
that
decision
is
requested,
the
agency
11
decision
is
required
within
30
days
of
the
proposed
decision.
12
Current
law
in
section
235A.19,
subsection
3,
authorizes
an
13
appeal
of
the
decision
from
a
hearing
to
the
district
court.
14
This
provision
is
amended
to
also
reference
the
bill’s
new
15
expedited
process.
16
-7-
LSB
1759HH
(2)
84
jp/nh
7/
7
