Iowa-2011-HF2226-Introduced

H.F. 2226 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 -1- LSB 5374HV (4) 84 ad/nh 1/ 6

H.F. 2226 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 -2- LSB 5374HV (4) 84 ad/nh 2/ 6

H.F. 2226 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 -3- LSB 5374HV (4) 84 ad/nh 3/ 6

H.F. 2226 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 -4- LSB 5374HV (4) 84 ad/nh 4/ 6

H.F. 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 -5- LSB 5374HV (4) 84 ad/nh 5/ 6

H.F. 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 -6- LSB 5374HV (4) 84 ad/nh 6/ 6