Bill Text: IA SSB1070 | 2017-2018 | 87th General Assembly | Introduced


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.

Spectrum: Committee Bill

Status: (N/A - Dead) 2017-02-08 - Subcommittee: Costello, C. Johnson, and Ragan. [SSB1070 Detail]

Download: Iowa-2017-SSB1070-Introduced.html
Senate Study Bill 1070 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF HUMAN SERVICES BILL) A BILL FOR An Act relating to the public disclosure of information 1 regarding founded child abuse involving a child fatality or 2 near fatality. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1361XD (2) 87 hb/nh/rh
S.F. _____ H.F. _____ Section 1. Section 235A.15, subsection 10, Code 2017, is 1 amended to read as follows: 2 10. The information released by the director of human 3 services or the director’s designee pursuant to a request made 4 under subsection 9 relating to a case of founded child abuse 5 involving a fatality or near fatality to a child shall include 6 all of the following, unless such information is excepted from 7 disclosure under subsection 9 : 8 a. Any relevant child abuse information concerning the 9 cause of and circumstances surrounding the child fatality or 10 near fatality, including the age and gender of the child or the 11 child’s family and the department’s response and findings. 12 b. Information describing any previous child abuse or 13 neglect investigations of the caregivers responsible for the 14 child abuse or neglect that are pertinent to the child abuse or 15 neglect that led to the child fatality or near fatality, and 16 the results of any such investigations. 17 b. c. A summary of information, that would otherwise be 18 confidential under section 217.30 , as to whether or not the 19 child or a member of the child’s family was utilizing social 20 services provided by the department at the time of the child 21 fatality or near fatality or within the five-year period 22 preceding the fatality or near fatality. 23 c. d. Any recommendations made by the department to the 24 county attorney or the juvenile court. 25 d. e. If applicable, a summary of an evaluation of the 26 department’s responses in the case. The services provided 27 by and actions of the state on behalf of the child that are 28 pertinent to the child abuse or neglect that led to the child 29 fatality or near fatality. 30 Sec. 2. Section 235A.15, subsection 11, paragraph b, Code 31 2017, is amended to read as follows: 32 b. If release of social services information in addition 33 to that released under subsection 10 , paragraph “b” “c” , is 34 believed to be in the public’s interest and right to know, 35 -1- LSB 1361XD (2) 87 hb/nh/rh 1/ 2
S.F. _____ H.F. _____ the director of human services or the director’s designee may 1 apply to the court under section 235A.24 requesting a review of 2 the information proposed for release and an order authorizing 3 release of the information. A release of information that 4 would otherwise be confidential under section 217.30 concerning 5 social services provided to the child or the child’s family 6 shall not include information concerning financial or medical 7 assistance provided to the child or the child’s family. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to information released by the department 12 of human services pursuant to a request from the public in 13 circumstances of a fatality or near fatality of a child in 14 founded child abuse cases. 15 The bill replaces general language requiring disclosure of 16 any relevant child abuse information concerning the child or 17 the child’s family with language requiring disclosure of any 18 relevant child abuse information concerning the cause of and 19 circumstances surrounding the child fatality or near fatality, 20 including the age and gender of the child. 21 The bill also requires the disclosure of information 22 describing any pertinent previous investigations of the 23 responsible caregivers for child abuse or child neglect before 24 the child fatality or near fatality, and the results of any 25 such investigations. 26 In addition, the bill includes any services or actions the 27 state took on behalf of the child that are pertinent to the 28 child fatality or near fatality as part of the information 29 required to be disclosed. 30 -2- LSB 1361XD (2) 87 hb/nh/rh 2/ 2
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