Bill Text: IA HF2296 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to child fatality protocol and alleged child abuse. (See HF 2563.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-03-10 - Withdrawn. H.J. 565. [HF2296 Detail]
Download: Iowa-2019-HF2296-Introduced.html
House
File
2296
-
Introduced
HOUSE
FILE
2296
BY
SALMON
A
BILL
FOR
An
Act
relating
to
child
fatality
protocol
and
alleged
child
1
abuse.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
232.71E
Child
fatality
protocol.
1
The
department,
in
collaboration
with
the
state
medical
2
examiner
and
law
enforcement,
shall
develop
a
protocol
3
for
responding
to
the
scene
of
the
death
of
a
child
that
4
constitutes
a
death
affecting
the
public
interest,
as
defined
5
in
section
331.802,
that
may
involve
alleged
child
abuse.
The
6
protocol
shall
address
all
of
the
following:
7
1.
All
involvement
with
the
family
of
the
child
shall
be
8
conducted
in
a
nonaccusatory
manner,
sensitive
to
the
grief
and
9
emotions
that
family
members
are
experiencing.
10
2.
Written
information
shall
be
provided
to
the
family
11
explaining
the
legal
requirements
for
an
investigation
12
involving
law
enforcement
and
the
medical
examiner
consistent
13
with
section
331.802,
as
well
as
possible
family
separation,
14
removal
of
the
family
from
the
home,
and
financial
15
responsibility
for
any
medical
services
ordered
by
the
16
department,
the
medical
examiner,
or
law
enforcement.
17
3.
The
department
shall
provide
an
advocate
to
assist
the
18
family
in
understanding
the
information
provided
to
the
family.
19
4.
A
family
shall
be
allowed
to
have
an
advocate
of
their
20
choosing
present
as
well
as
the
advocate
provided
by
the
21
department.
22
5.
Any
minor
child
in
the
home
who
is
interviewed
by
the
23
department
or
law
enforcement
shall
be
allowed
to
have
an
adult
24
whom
the
child
knows
and
trusts
present,
subject
to
approval
by
25
the
department
or
law
enforcement,
during
the
interview.
The
26
adult
shall
be
allowed
to
reassure
the
child
and
speak
freely
27
with
the
child
and
the
interviewer.
Any
person
present
during
28
the
interview
with
the
child
shall
not
coax
or
pressure
the
29
child
during
the
interview.
30
6.
If
a
minor
sibling,
or
any
other
minor
child
living
31
in
the
same
home
as
the
child
who
died,
is
removed
from
the
32
home
and
placed
in
the
care
of
a
temporary
caretaker,
at
the
33
request
of
law
enforcement
or
the
department
and
with
the
34
consent
of
the
parent,
the
temporary
caretaker
shall
sign
a
35
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statement
stating
that
the
temporary
caretaker
agrees
to
be
1
responsible
for
the
child
or
children.
The
statement
shall
2
include
any
special
instructions
necessary
for
the
care
of
3
the
child
or
children,
including
but
not
limited
to
feeding,
4
clothing,
medications,
activities,
and
emergency
medical
care.
5
If
the
child
or
children
are
transferred
to
the
care
of
another
6
temporary
caretaker,
the
new
temporary
caretaker
shall
sign
a
7
similar
statement
before
the
new
temporary
caretaker
assumes
8
responsibility
for
the
child.
9
7.
If
an
autopsy
of
the
deceased
child
indicates
that
the
10
cause
of
death
was
not
due
to
child
abuse,
the
home
shall
be
11
restored
to
the
family,
and
any
minor
children
in
the
temporary
12
care
of
a
caretaker
shall
be
returned
to
the
family.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
relates
to
child
fatality
protocol
and
alleged
17
child
abuse.
18
The
bill
directs
the
department
of
human
services
in
19
collaboration
with
the
state
medical
examiner
and
law
20
enforcement
to
develop
a
protocol
for
responding
to
the
scene
21
of
the
death
of
a
child
that
constitutes
a
death
affecting
the
22
public
interest
and
that
may
involve
alleged
child
abuse.
23
The
bill
provides
that
the
protocol
shall
include
all
of
24
the
following:
all
involvement
with
the
family
of
the
child
25
shall
be
conducted
in
a
nonaccusatory
manner,
sensitive
to
26
the
grief
and
emotions
that
family
members
are
experiencing;
27
written
information
shall
be
provided
to
the
family
explaining
28
the
legal
requirements
for
an
investigation
involving
law
29
enforcement
and
the
medical
examiner;
the
department
shall
30
provide
an
advocate
to
assist
the
family
in
understanding
31
the
information
provided
to
the
family;
a
family
shall
be
32
allowed
to
have
an
advocate
of
their
choosing
present;
any
33
minor
child
in
the
home
who
is
interviewed
by
the
department
34
or
law
enforcement
shall
be
allowed
to
have
an
adult
present
35
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during
the
interview;
if
a
minor
sibling,
or
any
other
minor
1
child
living
in
the
same
home
as
the
child
who
died
is
removed
2
from
the
home
and
placed
in
the
care
of
a
temporary
caretaker,
3
at
the
request
of
law
enforcement
or
the
department
and
with
4
the
consent
of
the
parent,
the
temporary
caretaker
shall
5
sign
a
statement
stating
that
the
temporary
caretaker
agrees
6
to
be
responsible
for
the
child
or
children.
The
statement
7
shall
include
any
special
instructions
necessary
for
the
care
8
of
the
child
or
children.
If
an
autopsy
of
the
deceased
9
child
indicates
that
the
cause
of
death
was
not
due
to
child
10
abuse,
the
home
shall
be
restored
to
the
family,
and
any
minor
11
children
in
the
temporary
care
of
a
caretaker
shall
be
returned
12
to
the
family.
13
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