Bill Text: IA HF545 | 2017-2018 | 87th General Assembly | Enrolled

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Bill Title: A bill for an act relating to the public disclosure of information regarding founded child abuse involving a child fatality or near fatality. (Formerly HSB 80.) Effective 7-1-17.

Spectrum: Committee Bill

Status: (Passed) 2017-04-21 - Signed by Governor. H.J. 1142. [HF545 Detail]

Download: Iowa-2017-HF545-Enrolled.html

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House File 545 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON HUMAN
                                  RESOURCES

                              (SUCCESSOR TO HSB 80)
 \5
                                   A BILL FOR
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                                         House File 545

                             AN ACT
 RELATING TO THE PUBLIC DISCLOSURE OF INFORMATION
    REGARDING FOUNDED CHILD ABUSE INVOLVING A CHILD FATALITY OR
    NEAR FATALITY.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 235A.15, subsection 10, Code 2017, is
 amended to read as follows:
    10.  The information released by the director of human
 services or the director's designee pursuant to a request made
 under subsection 9 relating to a case of founded child abuse
 involving a fatality or near fatality to a child shall include
 all of the following, unless such information is excepted from
 disclosure under subsection 9:
    a.  Any relevant child abuse information concerning the
 cause of and circumstances surrounding the child fatality or
 near fatality, including the age and gender of the child or the
 child's family and the department's response and findings.
    b.  Information describing any previous child abuse or
 neglect investigations of the caregivers responsible for the
 child abuse or neglect that are pertinent to the child abuse or
 neglect that led to the child fatality or near fatality, and
 the results of any such investigations.
    b.  c.  A summary of information, that would otherwise be
 confidential under section 217.30, as to whether or not the
 child or a member of the child's family was utilizing social
 services provided by the department at the time of the child
 fatality or near fatality or within the five=year period
 preceding the fatality or near fatality.
    c.  d.  Any recommendations made by the department to the
 county attorney or the juvenile court.
    d.  e.  If applicable, a summary of an evaluation of the
 department's responses in the case.  The services provided
 by and actions of the state on behalf of the child that are
 pertinent to the child abuse or neglect that led to the child
 fatality or near fatality.
    Sec. 2.  Section 235A.15, subsection 11, paragraph b, Code
 2017, is amended to read as follows:
    b.  If release of social services information in addition
 to that released under subsection 10, paragraph "b" "c", is
 believed to be in the public's interest and right to know,
 the director of human services or the director's designee may
 apply to the court under section 235A.24 requesting a review of
 the information proposed for release and an order authorizing
 release of the information. A release of information that
 would otherwise be confidential under section 217.30 concerning
 social services provided to the child or the child's family
 shall not include information concerning financial or medical
 assistance provided to the child or the child's family.


                                                                                            LINDA UPMEYER


                                                                                            JACK WHITVER


                                                                                            CARMINE BOAL


                                                                                            TERRY E. BRANSTA

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