Bill Text: IA HF352 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to procedures for child abuse investigations by the department of human services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-13 - Introduced, referred to Human Resources. H.J. 262. [HF352 Detail]
Download: Iowa-2019-HF352-Introduced.html
House
File
352
-
Introduced
HOUSE
FILE
352
BY
B.
MEYER
A
BILL
FOR
An
Act
relating
to
procedures
for
child
abuse
investigations
by
1
the
department
of
human
services.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
232.71B,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
2A.
Notice
of
rights.
3
a.
(1)
Upon
commencing
an
assessment,
the
department,
at
4
the
time
of
an
initial
face-to-face
contact
with
the
person
5
responsible
for
the
care
of
the
child,
shall
provide
that
6
person
with
written
notice
of
all
of
the
following:
7
(a)
The
person
responsible
for
the
care
of
the
child
is
8
not
required
to
permit
the
child
protection
worker
to
enter
9
the
residence
of
the
person
responsible
for
the
care
of
the
10
child.
However,
if
permission
is
refused,
the
juvenile
court
11
or
district
court
may
authorize
the
child
protection
worker
to
12
enter
the
home
to
interview
or
observe
the
child
upon
a
showing
13
of
probable
cause.
14
(b)
The
person
responsible
for
the
care
of
the
child
is
not
15
required
to
speak
with
the
child
protection
worker.
16
(c)
The
person
responsible
for
the
care
of
the
child
is
17
entitled
to
seek
the
representation
of
an
attorney
and
to
have
18
an
attorney
present
when
the
person
responsible
for
the
care
of
19
the
child
is
questioned
by
the
child
protection
worker.
20
(d)
Any
statement
made
by
the
person
responsible
for
21
the
care
of
the
child
or
other
family
member
may
be
used
22
against
the
person
responsible
for
the
care
of
the
child
in
an
23
administrative
or
court
proceeding.
24
(e)
The
child
protection
worker
is
not
an
attorney
and
25
cannot
provide
legal
advice
to
the
person
responsible
for
the
26
care
of
the
child.
27
(f)
The
person
responsible
for
the
care
of
the
child
is
not
28
required
to
sign
any
document
presented
by
the
child
protection
29
worker
including
but
not
limited
to
a
release
of
claims
or
a
30
service
agreement,
and
is
entitled
to
have
an
attorney
review
31
such
document
before
agreeing
to
sign
the
document.
32
(g)
A
failure
of
the
person
responsible
for
the
care
of
the
33
child
to
communicate
with
the
child
protection
worker
may
have
34
serious
consequences,
which
may
include
the
department’s
filing
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of
a
petition
for
the
removal
of
the
child
from
the
home
of
the
1
person
responsible
for
the
care
of
the
child,
and
it
is
in
the
2
best
interest
of
the
person
responsible
for
the
care
of
the
3
child
to
speak
with
the
child
protection
worker
or
immediately
4
seek
the
advice
of
a
qualified
attorney.
5
(2)
The
child
protection
worker
shall
request
the
person
6
responsible
for
the
care
of
the
child
to
sign
and
date
the
7
notice
described
in
subparagraph
(1)
as
evidence
of
having
8
received
the
notice.
If
the
person
responsible
for
the
9
care
of
the
child
refuses
to
sign
and
date
the
notice
upon
10
such
request,
the
child
protection
worker
shall
specifically
11
indicate
on
the
notice
that
the
person
responsible
for
the
care
12
of
the
child
was
requested
to
sign
and
date
the
notice
and
13
refused
to
do
so
and
the
child
protection
worker
shall
sign
the
14
notice
as
witness
to
the
refusal
by
the
person
responsible
for
15
the
care
of
the
child
to
sign
the
notice.
The
department
shall
16
provide
the
person
responsible
for
the
care
of
the
child
with
17
a
copy
of
the
signed
notice
at
the
time
of
the
department’s
18
initial
face-to-face
contact
with
the
person
responsible
for
19
the
care
of
the
child.
20
b.
Notwithstanding
paragraph
“a”
,
if
an
initial
contact
21
with
the
person
responsible
for
the
care
of
the
child
occurs
22
telephonically,
the
department
shall
orally
provide
that
person
23
with
notice
of
that
person’s
rights
as
described
in
paragraph
24
“a”
,
subparagraph
(1),
subparagraph
divisions
(a)
through
(g).
25
If
the
department
has
provided
oral
notice
pursuant
to
this
26
paragraph,
the
department
shall
also
provide
written
notice
27
as
described
in
paragraph
“a”
upon
the
department’s
initial
28
face-to-face
contact
with
the
person
responsible
for
the
care
29
of
the
child.
30
c.
The
department
shall
make
reasonable
efforts
to
ensure
31
that
the
notice
provided
to
a
person
responsible
for
the
care
32
of
the
child
pursuant
to
this
section
is
provided
in
a
manner
33
that
will
be
understood
by
the
person
responsible
for
the
care
34
of
the
child.
For
purposes
of
this
paragraph,
“reasonable
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efforts”
includes
but
is
not
limited
to
ensuring
that
the
notice
1
is
provided
in
language
understood
by
the
person
responsible
2
for
the
care
of
the
child.
3
d.
Any
statement
made
by
the
person
responsible
for
4
the
care
of
the
child,
or
by
a
child
who
is
a
member
of
the
5
person’s
family
or
household
to
the
child
protection
worker
6
prior
to
the
provision
of
notice
as
described
in
paragraph
7
“a”
,
or
any
statement
made
by
the
person
responsible
for
8
the
care
of
the
child
prior
to
the
provision
of
notice
as
9
described
in
paragraph
“b”
,
shall
be
deemed
inadmissible
in
any
10
administrative
or
court
proceeding.
11
e.
For
purposes
of
this
subsection
only,
“person
responsible
12
for
the
care
of
a
child”
means
a
person
responsible
for
the
13
care
of
a
child
as
described
in
section
232.68,
subsection
8,
14
paragraphs
“a”
and
“b”
.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
adds
a
notice
component
to
department
of
human
19
services
(DHS)
child
abuse
investigations.
The
bill
requires
20
a
DHS
child
protection
worker
to
provide
written
notice
to
a
21
person
responsible
for
the
care
of
the
child,
meaning
a
parent,
22
guardian,
foster
parent,
or
relative
or
any
other
person
with
23
whom
the
child
resides
and
who
assumes
care
or
supervision
of
24
the
child
when
DHS
conducts
an
initial
face-to-face
contact
25
with
that
person.
26
The
bill
also
requires
DHS
to
provide
oral
notice
to
a
person
27
responsible
for
the
care
of
the
child
when
DHS
conducts
an
28
initial
contact
telephonically.
If
a
DHS
child
protection
29
worker
has
a
face-to-face
contact
with
the
person
responsible
30
for
the
care
of
the
child
after
an
initial
telephone
contact,
31
the
DHS
worker
must
provide
written
notice
at
the
first
initial
32
face-to-face
contact
as
well.
33
The
notice
must
provide
that
the
person
responsible
for
34
the
care
of
the
child
is
not
required
to
allow
the
DHS
child
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protection
worker
into
the
residence,
is
not
required
to
1
speak
to
the
DHS
child
protection
worker,
is
entitled
to
seek
2
representation
of
an
attorney,
and
is
not
required
to
sign
any
3
document
presented
by
the
DHS
child
protection
worker.
The
4
notice
must
also
provide
that
any
statement
made
by
the
person
5
responsible
for
the
care
of
the
child
or
other
family
member
6
may
be
used
against
the
person,
that
the
DHS
child
protection
7
worker
is
not
an
attorney
and
cannot
provide
legal
advice,
8
and
that
the
person’s
failure
to
communicate
with
the
child
9
protection
worker
may
have
serious
consequences.
10
The
bill
requires
DHS
to
make
reasonable
efforts
to
provide
11
the
notice
in
a
manner
which
the
person
responsible
for
the
12
care
of
the
child
can
understand.
The
written
notice
for
13
face-to-face
contacts
must
be
signed
and
dated.
14
The
bill
provides
that
any
statement
made
by
the
person
15
responsible
for
the
care
of
the
child,
or
by
a
child
who
16
is
a
family
member
of
that
person,
is
inadmissible
in
any
17
administrative
or
court
proceeding
prior
to
the
provision
18
of
the
written
notice.
Additionally,
any
statement
made
19
by
the
person
responsible
for
the
care
of
the
child
is
20
inadmissible
in
any
administrative
or
court
proceeding
prior
to
21
provision
of
oral
notice
when
an
initial
contact
was
conducted
22
telephonically.
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