Bill Text: IA HF2226 | 2011-2012 | 84th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to child abuse reports and disposition data. Effective 7-1-12.
Spectrum: Committee Bill
Status: (Passed) 2012-04-12 - Signed by Governor. H.J. 809. [HF2226 Detail]
Download: Iowa-2011-HF2226-Introduced.html
Bill Title: A bill for an act relating to child abuse reports and disposition data. Effective 7-1-12.
Spectrum: Committee Bill
Status: (Passed) 2012-04-12 - Signed by Governor. H.J. 809. [HF2226 Detail]
Download: Iowa-2011-HF2226-Introduced.html
House
File
2226
-
Introduced
HOUSE
FILE
2226
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
HSB
510)
A
BILL
FOR
An
Act
relating
to
child
abuse
reports
and
disposition
data.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
232.71D,
subsection
2,
Code
Supplement
1
2011,
is
amended
to
read
as
follows:
2
2.
Except
as
otherwise
provided
in
subsections
3
and
4
,
3
and
section
235A.19,
subsection
2,
if
the
department
issues
4
a
finding
that
the
alleged
child
abuse
meets
the
definition
5
of
child
abuse
under
section
232.68,
subsection
2
,
the
names
6
of
the
child
and
the
alleged
perpetrator
of
the
alleged
child
7
abuse
and
any
other
child
abuse
information
shall
be
placed
in
8
the
central
registry
as
a
case
of
founded
child
abuse.
9
Sec.
2.
Section
235A.19,
subsection
1,
Code
Supplement
10
2011,
is
amended
to
read
as
follows:
11
1.
A
subject
of
a
child
abuse
report,
as
identified
in
12
section
235A.15,
subsection
2
,
paragraph
“a”
,
shall
have
the
13
right
to
examine
report
data
and
disposition
data
which
refers
14
to
the
subject.
The
department
may
prescribe
reasonable
15
hours
and
places
of
examination.
A
subject
of
a
child
abuse
16
report
may
provide
additional
information
to
the
department
17
that
is
relevant
to
the
report
data
and
disposition
data
and
18
may
request
that
the
department
revise
the
report
data
and
19
disposition
data.
20
Sec.
3.
Section
235A.19,
Code
Supplement
2011,
is
amended
by
21
adding
the
following
new
subsection:
22
NEW
SUBSECTION
.
1A.
At
the
time
the
notice
of
the
results
23
of
an
assessment
performed
in
accordance
with
section
232.71B
24
is
issued,
the
department
shall
provide
notice
to
a
person
25
named
in
the
report
as
having
abused
a
child
of
the
right
to
26
a
contested
case
hearing
and
shall
provide
notice
to
subjects
27
other
than
the
person
named
in
the
report
as
having
abused
a
28
child
of
the
right
to
intervene
in
a
contested
case
proceeding,
29
as
provided
in
subsection
2.
30
Sec.
4.
Section
235A.19,
subsections
2
and
3,
Code
31
Supplement
2011,
are
amended
to
read
as
follows:
32
2.
a.
A
subject
of
a
child
abuse
report
may
file
with
the
33
department
within
ninety
days
of
the
date
of
the
notice
of
the
34
results
of
an
assessment
performed
in
accordance
with
section
35
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232.71B
,
a
written
statement
to
the
effect
that
report
data
and
1
disposition
data
referring
to
the
subject
is
in
whole
or
in
2
part
erroneous,
and
may
request
a
correction
of
that
data
or
of
3
the
findings
of
the
assessment
report.
4
b.
The
department
shall
provide
the
subject
a
person
named
5
in
a
child
abuse
report
as
having
abused
a
child,
who
has
6
been
adversely
affected
by
a
founded
child
abuse
disposition,
7
notwithstanding
the
placement
of
the
report
data
in
the
central
8
registry
pursuant
to
section
232.71D,
with
an
opportunity
for
a
9
contested
case
hearing
pursuant
to
chapter
17A
to
correct
the
10
data
or
the
findings,
unless
the
department
corrects
the
data
11
or
findings
as
requested.
12
c.
The
department
shall
provide
a
subject
of
a
child
13
abuse
report,
other
than
the
person
named
in
the
report
as
14
having
abused
a
child,
with
an
opportunity
to
file
a
motion
to
15
intervene
in
the
contested
case
proceeding.
16
d.
The
department
may
defer
the
hearing
until
the
conclusion
17
of
the
adjudicatory
phase
of
a
pending
juvenile
or
district
18
court
case
relating
to
the
data
or
findings.
Upon
request
19
of
any
party
to
the
contested
case
proceeding,
the
presiding
20
officer
may
stay
the
hearing
until
the
conclusion
of
the
21
adjudicatory
phase
of
a
pending
juvenile
or
district
court
case
22
relating
to
the
data
or
findings.
An
adjudication
of
a
child
23
in
need
of
assistance
or
a
criminal
conviction
in
a
district
24
court
case
relating
to
the
child
abuse
data
or
findings
may
be
25
determinative
in
a
contested
case
proceeding.
26
e.
A
party
to
a
contested
case
proceeding
shall
file
an
27
appeal
of
the
presiding
officer’s
proposed
decision
to
the
28
director
within
ten
days
of
the
presiding
officer’s
proposed
29
decision.
If
an
appeal
is
not
filed
within
ten
days
from
the
30
date
of
a
proposed
decision,
the
proposed
decision
shall
be
31
the
final
agency
action.
If
a
party
files
an
appeal
within
32
ten
days
from
the
date
of
the
proposed
decision,
the
director
33
has
forty-five
days
from
the
date
of
the
proposed
decision
to
34
issue
a
ruling.
Upon
the
director’s
failure
to
issue
a
ruling
35
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within
forty-five
days
of
the
date
of
the
proposed
decision,
1
the
proposed
decision
shall
be
the
final
agency
action.
2
b.
f.
The
department
shall
not
disclose
any
report
data
3
or
disposition
data
until
the
conclusion
of
the
proceeding
to
4
correct
the
data
or
findings,
except
as
follows:
5
(1)
As
necessary
for
the
proceeding
itself.
6
(2)
To
the
parties
and
attorneys
involved
in
a
judicial
7
proceeding.
8
(3)
For
the
regulation
of
child
care
or
child
placement.
9
(4)
Pursuant
to
court
order.
10
(5)
To
the
subject
of
an
assessment
or
a
report.
11
(6)
For
the
care
or
treatment
of
a
child
named
in
a
report
12
as
a
victim
of
abuse.
13
(7)
To
persons
involved
in
an
assessment
of
child
abuse.
14
(8)
For
statutorily
authorized
record
checks
for
employment
15
of
an
individual
by
a
provider
of
adult
home
care,
adult
health
16
facility
care,
or
other
adult
placement
facility
care.
17
(9)
For
others
identified
in
section
235A.15,
subsection
18
2
,
paragraph
“d”
,
subparagraph
(7),
and
paragraph
“e”
,
19
subparagraphs
(9)
and
(16).
20
3.
The
subject
of
a
A
person
named
in
a
child
abuse
report
21
as
having
abused
a
child,
who
has
been
adversely
affected
by
a
22
founded
child
abuse
disposition,
notwithstanding
the
placement
23
of
the
report
data
in
the
central
registry
pursuant
to
section
24
232.71D,
may
appeal
the
decision
resulting
from
a
hearing
held
25
pursuant
to
subsection
2
to
the
district
court
of
Polk
county
26
or
to
the
district
court
of
the
district
in
which
the
subject
27
of
the
child
abuse
person
named
in
the
report
as
having
abused
28
a
child
resides.
Immediately
upon
appeal
the
court
shall
order
29
the
department
to
file
with
the
court
a
certified
copy
of
the
30
report
data
or
disposition
data.
Appeal
shall
be
taken
in
31
accordance
with
chapter
17A
.
32
Sec.
5.
CHILD
ABUSE
REPORTS
——
DIFFERENTIAL
RESPONSE
33
REVIEW.
34
1.
The
department
of
human
services
shall
conduct
a
35
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comprehensive
review
to
determine
whether
to
recommend
1
implementation
of
a
differential
response
to
child
abuse
2
reports
when
the
initial
report
is
received
by
the
department
3
pursuant
to
section
232.70.
The
department
of
human
services
4
shall
also
review
and
recommend
the
length
of
time
a
person
5
named
in
a
child
abuse
report
as
having
abused
a
child
should
6
remain
on
the
child
abuse
registry
and
the
circumstances
under
7
which
the
department
may
remove
the
name
of
a
person
named
8
in
the
report
as
having
abused
a
child
from
the
report
and
9
disposition
data
prior
to
the
expiration
of
a
ten-year
period.
10
2.
“Differential
response”,
as
used
in
this
section,
means
11
at
least
two
discrete
response
options
for
the
screening
of
12
cases
constituting
a
child
abuse
allegation
pursuant
to
the
13
department’s
assessment
process.
One
of
the
options
shall
14
include
a
voluntary,
noninvestigative
response.
15
3.
The
department
shall,
by
December
1,
2012,
submit
a
16
report
of
its
review
including
findings
and
recommendations
to
17
the
governor
and
general
assembly.
18
Sec.
6.
REPORT
ON
CHILD
ABUSE
ASSESSMENTS
ADMINISTRATIVE
19
APPEALS.
The
department
of
human
services
and
the
department
20
of
inspections
and
appeals
shall,
by
December
1,
2012,
submit
21
a
preliminary
report
to
the
governor
and
general
assembly
22
regarding
the
length
of
time
for
appeals
of
placement
on
23
the
child
abuse
registry
within
the
last
five
years.
The
24
department
of
human
services
and
the
department
of
inspections
25
and
appeals
shall
submit
a
final
report
to
the
governor
and
26
the
general
assembly
by
December
1,
2013.
The
preliminary
27
and
final
reports
shall
include
information
on
the
number
of
28
persons
appealing,
the
alleged
reason
for
the
placement,
the
29
length
of
time
for
an
appeal
including
the
time
between
a
30
request
for
a
contested
case
hearing
and
the
occurrence
of
the
31
contested
case
hearing,
the
proposed
decision
of
the
presiding
32
officer,
and,
if
the
proposed
decision
was
appealed,
the
review
33
of
the
director,
and
the
reasons
for
outliers
in
the
length
of
34
time
for
an
appeal.
35
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2226
EXPLANATION
1
This
bill
amends
provisions
relating
to
the
child
abuse
2
registry
and
child
abuse
reports
and
disposition
data.
The
3
bill
amends
Code
section
235A.19
to
allow
a
subject
of
a
4
child
abuse
report
to
provide
additional
information
to
the
5
department
of
human
services
(DHS)
concerning
report
data
6
and
disposition
data.
A
subject
of
a
child
abuse
report
may
7
also
request
that
the
department
revise
the
report
data
and
8
disposition
data.
9
The
bill
also
amends
Code
section
235A.19
to
require
DHS
10
to
provide
subjects
of
the
child
abuse
report
with
notice
of
11
the
right
to
appeal
or
intervene
at
the
time
the
notice
of
12
the
results
of
the
assessment
is
issued.
The
bill
requires
13
DHS
to
provide
only
the
alleged
perpetrator
of
the
abuse,
14
regardless
of
whether
the
data
is
placed
on
the
registry,
with
15
an
opportunity
for
a
contested
case
hearing
and
the
right
to
16
appeal
from
the
contested
case
hearing.
Current
law
allows
17
such
rights
to
all
subjects
of
a
child
abuse
report.
However,
18
the
bill
also
requires
DHS
to
provide
all
other
subjects,
19
as
defined
in
Code
section
235A.15,
subsection
2,
with
an
20
opportunity
to
intervene
in
the
contested
case
proceeding.
21
The
bill
further
provides
that
upon
the
request
of
any
party
22
to
the
contested
case
proceeding,
the
presiding
officer
may
23
stay
the
hearing
until
the
conclusion
of
the
adjudicatory
phase
24
of
a
juvenile
case
or
a
district
court
case
that
is
related
to
25
the
data
or
findings.
The
bill
states
that
an
adjudication
26
of
a
child
in
need
of
assistance
or
a
criminal
conviction
in
27
district
court
that
is
related
to
the
data
or
findings
may
be
28
determinative
in
a
contested
case
proceeding.
29
The
bill
provides
that
a
party
to
a
contested
case
proceeding
30
has
10
days
to
file
an
appeal
from
the
proposed
decision
of
31
the
presiding
officer
of
the
contested
case
proceeding
to
the
32
director
of
the
department
of
human
services.
If
an
appeal
is
33
not
filed
within
that
10-day
period,
the
proposed
decision
of
34
the
presiding
officer
is
the
final
agency
action.
If
an
appeal
35
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2226
is
filed
within
the
10-day
period,
the
director
has
45
days
1
from
the
date
of
the
proposed
decision
to
issue
a
ruling.
If
2
the
director
fails
to
issue
a
ruling
within
the
45-day
period,
3
the
presiding
officer’s
proposed
decision
is
the
final
agency
4
action.
5
The
bill
also
requires
DHS
to
conduct
a
comprehensive
6
review
to
determine
whether
to
recommend
implementation
of
a
7
differential
response
when
initially
receiving
a
child
abuse
8
report.
DHS
must
also
review
and
recommend
the
length
of
9
time
a
person
named
in
a
child
abuse
report
as
having
abused
10
a
child
should
remain
on
the
registry
and
circumstances
for
11
removing
the
name
of
a
person
named
in
a
child
abuse
report
as
12
having
abused
a
child
from
the
registry.
The
bill
requires
DHS
13
to
submit
a
report
of
its
determination
to
the
governor
and
14
general
assembly
by
December
1,
2012.
15
The
bill
also
requires
the
DHS
and
the
department
of
16
inspections
and
appeals
to
submit
a
preliminary
report
to
the
17
governor
and
general
assembly
by
December
1,
2012,
regarding
18
the
length
of
time
for
appeals
of
placement
on
the
child
19
abuse
registry.
The
bill
requires
DHS
and
the
department
of
20
inspections
and
appeals
to
submit
a
final
report
regarding
the
21
length
of
time
for
appeals
of
placement
on
the
child
abuse
22
registry
by
December
1,
2013.
23
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