Bill Text: IA SF370 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to court appointed special advocates and the confidentiality of information regarding a child receiving foster care. (Formerly SSB 1095.)

Sponsorship: Committee Bill

Status: (Introduced - Dead) 2015-03-23 - Withdrawn. S.J. 673. [SF370 Detail]

Download: Iowa-2015-SF370-Introduced.html

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Senate File 370 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON HUMAN
                                     RESOURCES

                                 (SUCCESSOR TO SSB
                                     1095)

                                      A BILL FOR

  1 An Act relating to court appointed special advocates and the
  2    confidentiality of information regarding a child receiving
  3    foster care.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 237.21, subsection 1, Code 2015, is
  1  2 amended to read as follows:
  1  3    1.  The information and records of or provided to a local
  1  4 board, state board, or court appointed special advocate
  1  5 regarding a child who is receiving foster care or who is under
  1  6 the court's jurisdiction and the child's family when relating
  1  7 to services provided or the foster care placement are not
  1  8 public records pursuant to chapter 22. The state board and
  1  9 local boards, with respect to hearings involving specific
  1 10 children receiving foster care and the child's family, are not
  1 11 subject to chapter 21.
  1 12    Sec. 2.  Section 237.21, Code 2015, is amended by adding the
  1 13 following new subsections:
  1 14    NEW SUBSECTION.  2A.  A court appointed special advocate may
  1 15 attend family team decision=making meetings or youth transition
  1 16 decision=making meetings upon request by the family or child
  1 17 and disclose case=related observations and recommendations
  1 18 relating to a child or a child's family while attending the
  1 19 meetings.
  1 20    NEW SUBSECTION.  2B.  A court appointed special advocate
  1 21 may disclose case=related observations and recommendations to
  1 22 the agency assigned by the court to supervise the case, to the
  1 23 county attorney, or to the child's legal representative or
  1 24 guardian ad litem.
  1 25    Sec. 3.  Section 237.21, subsection 3, Code 2015, is amended
  1 26 to read as follows:
  1 27    3.  Members of the state board and local boards, court
  1 28 appointed special advocates, and the employees of the
  1 29 department and the department of inspections and appeals are
  1 30 subject to standards of confidentiality pursuant to sections
  1 31 217.30, 228.6, subsection 1, sections 235A.15, 600.16, and
  1 32 600.16A. Members of the state and local boards, court appointed
  1 33 special advocates, and employees of the department and the
  1 34 department of inspections and appeals who disclose information
  1 35 or records of the board or department, other than as provided
  2  1 in subsection 2 subsections 2, 2A, and 2B, sections 232.89 and
  2  2 232.126, and section 237.20, subsection 2, are guilty of a
  2  3 simple misdemeanor.
  2  4                           EXPLANATION
  2  5 The inclusion of this explanation does not constitute agreement with
  2  6 the explanation's substance by the members of the general assembly.
  2  7    This bill relates to court appointed special advocates and
  2  8 the confidentiality of information regarding a child receiving
  2  9 foster care.
  2 10    The bill allows a court appointed special advocate to attend
  2 11 family team decision=making meetings and youth transition
  2 12 decision=making meetings.
  2 13    The bill amends confidentiality provisions concerning
  2 14 information and records relating to a child receiving foster
  2 15 care and foster care placement.  Under current law, the
  2 16 information and records of or provided to a local citizen
  2 17 foster care review board, the child advocacy board, or court
  2 18 appointed special advocate regarding a child receiving foster
  2 19 care and the child's family when relating to the foster care
  2 20 placement are not public records. The bill specifies that
  2 21 such confidential information and records include records of
  2 22 other services provided to a child who is under the court's
  2 23 jurisdiction.
  2 24    The bill allows a court appointed special advocate to attend
  2 25 family team decision=making meetings or youth transition
  2 26 decision=making meetings upon request by the family or child
  2 27 and disclose case=related observations and recommendations
  2 28 relating to a child or a child's family while attending the
  2 29 meetings.
  2 30    The bill also allows a court appointed special advocate
  2 31 to disclose case=related observations and recommendations to
  2 32 the agency assigned by the court to supervise the case, to the
  2 33 county attorney, or to the child's legal representative or
  2 34 guardian ad litem.
  2 35    The bill exempts members of the state child advocacy
  3  1 board and local citizen foster care review boards, court
  3  2 appointed special advocates, and employees of the departments
  3  3 of human services and inspections and appeals from certain
  3  4 confidentiality provisions if the disclosure of information
  3  5 or records of the board or department are as provided under
  3  6 the provisions of the bill, Code section 232.89 or 232.126
  3  7 (appointments of counsel under juvenile justice Code), or
  3  8 section 237.20, subsection 2 (court reports).
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