Bill Text: IA SSB3123 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the establishment of the Iowa child death and domestic abuse death review team by merging the Iowa child death review team and the Iowa domestic abuse death review team.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-12 - Subcommittee recommends amendment and passage. [SSB3123 Detail]
Download: Iowa-2019-SSB3123-Introduced.html
Senate
Study
Bill
3123
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
SMITH)
A
BILL
FOR
An
Act
relating
to
the
establishment
of
the
Iowa
child
death
1
and
domestic
abuse
death
review
team
by
merging
the
Iowa
2
child
death
review
team
and
the
Iowa
domestic
abuse
death
3
review
team.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
135.108,
subsection
4,
Code
2020,
is
1
amended
to
read
as
follows:
2
4.
“Team”
means
the
Iowa
child
death
and
domestic
abuse
3
death
review
team
established
in
section
135.109
.
4
Sec.
2.
Section
135.109,
Code
2020,
is
amended
to
read
as
5
follows:
6
135.109
Iowa
domestic
abuse
death
review
team
membership
Iowa
7
child
death
and
domestic
abuse
death
review
team
——
membership
.
8
1.
An
Iowa
child
death
and
domestic
abuse
death
review
team
9
is
established
as
an
independent
agency
of
state
government.
10
2.
The
department
shall
provide
staffing
and
administrative
11
support
to
the
team.
12
3.
The
team
shall
include
the
following
members:
13
a.
The
state
medical
examiner
or
the
state
medical
14
examiner’s
designee.
15
b.
A
licensed
physician
or
nurse
who
is
knowledgeable
16
concerning
domestic
abuse
injuries
and
deaths,
including
17
suicides.
18
c.
A
pediatrician
who
is
knowledgeable
concerning
deaths
of
19
children.
20
c.
d.
A
licensed
mental
health
professional
who
is
21
knowledgeable
concerning
domestic
abuse
or
deaths
of
children
.
22
e.
A
certified
or
licensed
professional
who
is
knowledgeable
23
concerning
sudden
infant
death
syndrome.
24
f.
A
perinatal
expert.
25
g.
An
emergency
room
nurse
who
is
knowledgeable
concerning
26
the
deaths
of
children.
27
d.
h.
A
representative
or
designee
of
the
Iowa
coalition
28
against
domestic
violence.
29
e.
i.
A
certified
or
licensed
professional
who
is
30
knowledgeable
concerning
substance
abuse.
31
j.
A
social
worker
who
is
knowledgeable
concerning
deaths
32
of
children.
33
f.
k.
A
local
law
enforcement
official
who
is
knowledgeable
34
concerning
domestic
abuse
.
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g.
l.
A
law
enforcement
investigator
experienced
in
1
domestic
abuse
investigation.
2
h.
m.
An
A
county
attorney
experienced
in
prosecuting
3
domestic
abuse
cases
.
4
i.
n.
A
judicial
officer
appointed
by
the
chief
justice
of
5
the
supreme
court.
6
j.
A
clerk
of
the
district
court
appointed
by
the
chief
7
justice
of
the
supreme
court.
8
k.
o.
An
employee
or
subcontractor
of
the
department
of
9
corrections
who
is
a
trained
batterers’
education
program
10
facilitator.
11
l.
p.
An
attorney
licensed
in
this
state
who
provides
12
criminal
defense
assistance
or
child
custody
representation,
13
and
who
has
experience
in
dissolution
of
marriage
proceedings.
14
m.
q.
Both
a
female
and
a
male
victim
of
domestic
abuse.
15
n.
r.
A
family
member
of
a
decedent
whose
death
resulted
16
from
domestic
abuse
the
public
.
17
4.
The
following
individuals
shall
each
designate
a
liaison
18
to
assist
the
team
in
fulfilling
the
team’s
duties:
19
a.
The
attorney
general.
20
b.
The
director
of
the
Iowa
department
of
corrections.
21
c.
The
director
of
public
health.
22
d.
The
director
of
human
services.
23
e.
The
commissioner
of
public
safety.
24
f.
The
administrator
of
the
bureau
of
vital
records
of
the
25
Iowa
department
of
public
health.
26
g.
The
director
of
the
department
of
education.
27
h.
The
state
court
administrator.
28
i.
The
director
of
the
department
of
human
rights.
29
j.
The
director
of
the
state
law
enforcement
academy.
30
k.
The
director
of
the
department
of
transportation.
31
5.
a.
The
director
of
public
health,
in
consultation
with
32
the
attorney
general,
shall
appoint
review
team
members
who
are
33
not
designated
by
another
appointing
authority.
34
b.
A
membership
vacancy
shall
be
filled
in
the
same
manner
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as
the
original
appointment.
1
c.
The
membership
of
the
review
team
is
subject
to
the
2
provisions
of
sections
69.16
and
69.16A
,
relating
to
political
3
affiliation
and
gender
balance.
4
d.
A
member
of
the
team
may
be
reappointed
to
serve
5
additional
terms
on
the
team,
subject
to
the
provisions
of
6
chapter
69
.
7
6.
Membership
terms
shall
be
three-year
staggered
terms.
8
7.
Members
of
the
team
are
eligible
for
reimbursement
of
9
actual
and
necessary
expenses
incurred
in
the
performance
of
10
their
official
duties.
11
8.
Team
members
and
their
agents
are
immune
from
any
12
liability,
civil
or
criminal,
which
might
otherwise
be
incurred
13
or
imposed
as
a
result
of
any
act,
omission,
proceeding,
14
decision,
or
determination
undertaken
or
performed,
or
15
recommendation
made
as
a
team
member
or
agent
provided
that
the
16
team
members
or
agents
acted
reasonably
and
in
good
faith
and
17
without
malice
in
carrying
out
their
official
duties
in
their
18
official
capacity.
A
complainant
bears
the
burden
of
proof
19
in
establishing
malice
or
unreasonableness
or
lack
of
good
20
faith
in
an
action
brought
against
team
members
involving
the
21
performance
of
their
duties
and
powers.
22
Sec.
3.
Section
135.110,
Code
2020,
is
amended
to
read
as
23
follows:
24
135.110
Iowa
child
death
and
domestic
abuse
death
review
team
25
powers
and
duties.
26
1.
The
review
team
shall
perform
the
following
duties:
27
a.
Prepare
a
biennial
report
for
the
governor,
supreme
28
court,
attorney
general,
and
the
general
assembly
concerning
29
the
following
subjects:
30
(1)
The
causes
and
manner
of
child
death
and
domestic
31
abuse
deaths,
including
an
analysis
of
factual
information
32
obtained
through
review
of
child
death
and
domestic
abuse
death
33
certificates
and
child
death
and
domestic
abuse
death
data,
34
including
patient
records
and
other
pertinent
confidential
and
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public
information
concerning
domestic
abuse
deaths.
1
(2)
The
contributing
factors
of
child
death
and
domestic
2
abuse
deaths.
3
(3)
Recommendations
regarding
the
prevention
of
future
4
child
death
and
domestic
abuse
deaths,
including
actions
5
to
be
taken
by
communities,
based
on
an
analysis
of
these
6
contributing
factors.
7
b.
Advise
and
consult
the
agencies
represented
on
the
team
8
and
other
state
agencies
regarding
program
and
regulatory
9
changes
that
may
prevent
child
death
and
domestic
abuse
deaths.
10
c.
Develop
protocols
for
child
death
and
domestic
abuse
11
death
investigations
and
team
review.
12
2.
In
performing
duties
pursuant
to
subsection
1
in
a
13
death
investigation
that
involves
a
suspected
case
of
child
14
abuse
or
domestic
abuse
,
the
review
team
shall
review
the
15
relationship
between
the
decedent
victim
and
the
alleged
or
16
convicted
perpetrator
from
the
point
where
the
abuse
allegedly
17
began,
until
the
child
abuse
or
domestic
abuse
death
occurred,
18
and
shall
review
all
relevant
documents
pertaining
to
the
19
relationship
between
the
parties,
including
but
not
limited
20
to
protective
orders
and
dissolution,
custody,
and
support
21
agreements
and
related
court
records,
in
order
to
ascertain
22
whether
a
correlation
exists
between
certain
events
in
the
23
relationship
and
any
escalation
of
abuse,
and
whether
patterns
24
can
be
established
regarding
such
events
in
relation
to
child
25
abuse
or
domestic
abuse
deaths
in
general.
The
review
team
26
shall
consider
such
conclusions
in
making
recommendations
27
pursuant
to
subsection
1
.
28
3.
The
review
team
shall
develop
protocols
for
a
child
29
fatality
review
committee,
to
be
appointed
by
the
state
medical
30
examiner
on
an
ad
hoc
basis,
to
immediately
review
child
abuse
31
assessments
which
involve
the
fatality
of
a
child
under
age
32
eighteen.
The
state
medical
examiner
shall
appoint
a
medical
33
examiner,
a
pediatrician,
and
a
person
involved
with
law
34
enforcement
to
the
committee.
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a.
The
purpose
of
the
review
shall
be
to
determine
1
whether
the
department
of
human
services
and
others
involved
2
with
a
case
of
child
abuse
responded
appropriately.
The
3
protocols
shall
provide
for
the
committee
to
consult
with
any
4
multidisciplinary
team,
as
defined
in
section
235A.13,
that
is
5
operating
in
the
area
in
which
the
fatality
occurred.
6
b.
The
committee
shall
have
access
to
patient
records
7
and
other
pertinent
confidential
information
and,
subject
to
8
the
restrictions
in
this
subsection,
may
redisseminate
the
9
confidential
information
in
the
committee’s
report.
10
c.
Upon
completion
of
the
review,
the
committee
shall
issue
11
a
report
which
shall
include
findings
concerning
the
case
and
12
recommendations
for
changes
to
prevent
child
fatalities
when
13
similar
circumstances
exist.
The
report
shall
include
but
14
is
not
limited
to
the
following
information,
subject
to
the
15
restrictions
listed
in
paragraph
“d”
:
16
(1)
The
dates,
outcomes,
and
results
of
any
actions
taken
by
17
the
department
of
human
services
and
others
in
regard
to
each
18
report
and
allegation
of
child
abuse
involving
the
child
who
19
died.
20
(2)
The
results
of
any
review
of
the
case
performed
by
a
21
multidisciplinary
team,
or
by
any
other
public
entity
that
22
reviewed
the
case.
23
(3)
Confirmation
of
the
department
of
human
services
24
receipt
of
any
report
of
child
abuse
involving
the
child,
25
including
confirmation
as
to
whether
or
not
any
assessment
26
involving
the
child
was
performed
in
accordance
with
section
27
232.71B,
the
results
of
any
assessment,
a
description
of
the
28
most
recent
assessment
and
the
services
offered
to
the
family,
29
the
services
rendered
to
the
family,
and
the
basis
for
the
30
department’s
decisions
concerning
the
case.
31
d.
Prior
to
issuing
the
report,
the
committee
shall
consult
32
with
the
county
attorney
responsible
for
prosecution
of
the
33
alleged
perpetrator
of
the
child
fatality.
The
committee’s
34
report
shall
include
child
abuse
information
associated
with
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the
case
and
the
child,
but
is
subject
to
the
restrictions
1
applicable
to
the
department
of
human
services
for
release
of
2
information
concerning
a
child
fatality
or
near
fatality
in
3
accordance
with
section
235A.15,
subsection
9.
4
e.
Following
the
completion
of
the
trial
of
any
alleged
5
perpetrator
of
the
child
fatality
and
the
appeal
period
6
for
the
granting
of
a
new
trial,
the
committee
shall
issue
7
a
supplemental
report
containing
the
information
that
was
8
withheld,
in
accordance
with
paragraph
“d”
,
so
as
not
to
9
jeopardize
the
prosecution
or
the
rights
of
the
alleged
10
perpetrator
to
a
fair
trial
as
described
in
section
235A.15,
11
subsection
9,
paragraphs
“e”
and
“f”
.
12
f.
The
report
and
any
supplemental
report
shall
be
submitted
13
to
the
governor
and
general
assembly.
14
g.
If
deemed
appropriate
by
the
committee,
at
any
point
15
in
the
review
the
committee
may
recommend
to
the
department
16
of
human
services,
appropriate
law
enforcement
agencies,
and
17
any
other
person
involved
with
child
protection,
interventions
18
that
may
prevent
harm
to
a
child
who
is
related
to
or
is
living
19
in
the
same
home
as
a
child
whose
case
is
reviewed
by
the
20
committee.
21
3.
4.
The
team
shall
meet
upon
the
call
of
the
chairperson,
22
upon
the
request
of
a
state
agency,
or
as
determined
by
a
23
majority
of
the
team.
24
4.
5.
The
team
shall
annually
elect
a
chairperson
and
other
25
officers
as
deemed
necessary
by
the
team.
26
5.
6.
The
team
may
establish
committees
or
panels
to
whom
27
the
team
may
assign
some
or
all
of
the
team’s
responsibilities.
28
6.
7.
Members
of
the
team
who
are
currently
practicing
29
attorneys
or
current
employees
of
the
judicial
branch
of
state
30
government
shall
not
participate
in
the
following:
31
a.
An
investigation
by
the
team
that
involves
a
case
in
32
which
the
team
member
is
presently
involved
in
the
member’s
33
professional
capacity.
34
b.
Development
of
protocols
by
the
team
for
child
abuse
or
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domestic
abuse
death
investigations
and
team
review.
1
c.
Development
of
regulatory
changes
related
to
domestic
2
abuse
deaths.
3
Sec.
4.
Section
135.111,
Code
2020,
is
amended
to
read
as
4
follows:
5
135.111
Confidentiality
of
child
and
domestic
abuse
death
6
records.
7
1.
A
person
in
possession
or
control
of
medical,
8
investigative,
or
other
information
pertaining
to
a
child
9
abuse
or
domestic
abuse
death
and
related
incidents
and
events
10
preceding
the
child
abuse
or
domestic
abuse
death,
shall
allow
11
for
the
inspection
and
review
of
written
or
photographic
12
information
related
to
the
death,
whether
the
information
is
13
confidential
or
public
in
nature,
by
the
department
upon
the
14
request
of
the
department
and
the
team,
to
be
used
only
in
15
the
administration
and
for
the
official
duties
of
the
team.
16
Information
and
records
produced
under
this
section
that
are
17
confidential
under
the
law
of
this
state
or
under
federal
law,
18
or
because
of
any
legally
recognized
privilege,
and
information
19
or
records
received
from
the
confidential
records,
remain
20
confidential
under
this
section
.
21
2.
A
person
does
not
incur
legal
liability
by
reason
of
22
releasing
information
to
the
department
as
required
under
and
23
in
compliance
with
this
section
.
24
3.
A
person
who
releases
or
discloses
confidential
data,
25
records,
or
any
other
type
of
information
in
violation
of
this
26
section
is
guilty
of
a
serious
misdemeanor.
27
Sec.
5.
Section
135.112,
Code
2020,
is
amended
to
read
as
28
follows:
29
135.112
Rulemaking.
30
The
department
shall
adopt
rules
pursuant
to
chapter
17A
31
relating
to
the
administration
of
the
child
death
and
domestic
32
abuse
death
review
team
and
sections
135.108
through
135.111
.
33
Sec.
6.
Section
216A.133,
subsection
3,
paragraph
o,
34
subparagraph
(8),
Code
2020,
is
amended
to
read
as
follows:
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(8)
Best
practices
related
to
the
Iowa
child
death
and
1
domestic
abuse
death
review
team
established
in
section
135.43
2
and
the
Iowa
domestic
abuse
death
review
team
established
in
3
section
135.109.
4
Sec.
7.
Section
691.6,
subsection
10,
Code
2020,
is
amended
5
to
read
as
follows:
6
10.
To
provide
staffing
and
support
for
the
child
death
7
review
team
and
any
child
fatality
review
committee
under
8
section
135.43
135.10
.
9
Sec.
8.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
may
change
10
the
current
subchapter
title
of
chapter
135,
subchapter
XI,
to
11
“IOWA
CHILD
DEATH
AND
DOMESTIC
ABUSE
DEATH
REVIEW
TEAM”.
12
Sec.
9.
REPEAL.
Section
135.43,
Code
2020,
is
repealed.
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
the
establishment
of
the
Iowa
child
17
death
and
domestic
abuse
death
review
team.
18
The
bill
merges
the
Iowa
child
death
review
team
and
the
Iowa
19
domestic
abuse
death
review
team
to
create
the
new
Iowa
child
20
death
and
domestic
abuse
death
review
team.
The
team
includes
21
the
following
members:
the
state
medical
examiner
or
the
state
22
medical
examiner’s
designee;
a
licensed
physician
or
nurse
23
who
is
knowledgeable
concerning
domestic
abuse
injuries
or
24
deaths,
including
suicides;
a
pediatrician
who
is
knowledgeable
25
concerning
deaths
of
children;
a
licensed
mental
health
26
professional
who
is
knowledgeable
concerning
domestic
abuse
or
27
deaths
of
children;
a
certified
or
licensed
professional
who
28
is
knowledgeable
concerning
sudden
infant
death
syndrome;
a
29
perinatal
expert;
an
emergency
room
nurse
who
is
knowledgeable
30
concerning
the
deaths
of
children;
a
representative
or
designee
31
of
the
Iowa
coalition
against
domestic
violence;
a
certified
or
32
licensed
professional
who
is
knowledgeable
concerning
substance
33
abuse;
a
social
worker
who
is
knowledgeable
concerning
34
deaths
of
children;
a
local
law
enforcement
official;
a
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law
enforcement
investigator
experienced
in
domestic
abuse
1
investigation;
a
county
attorney;
a
judicial
officer
appointed
2
by
the
chief
justice
of
the
supreme
court;
an
employee
or
3
subcontractor
of
the
department
of
corrections
who
is
a
trained
4
batterers’
education
program
facilitator;
an
attorney
licensed
5
in
this
state
who
provides
criminal
defense
assistance
or
child
6
custody
representation,
and
who
has
experience
in
dissolution
7
of
marriage
proceedings;
a
male
and
a
female
victim
of
domestic
8
abuse;
and
a
member
of
the
public.
9
The
bill
provides
that
liaisons
designated
by
the
attorney
10
general,
the
director
of
the
Iowa
department
of
corrections,
11
the
director
of
public
health,
the
director
of
human
services,
12
the
commissioner
of
public
safety,
the
administrator
of
the
13
bureau
of
vital
records
of
the
Iowa
department
of
public
14
health,
the
director
of
the
department
of
education,
the
state
15
court
administrator,
the
director
of
the
department
of
human
16
rights,
the
director
of
the
state
law
enforcement
academy,
the
17
director
of
the
department
of
transportation,
and
the
state
18
medical
examiner
will
assist
the
team
in
fulfilling
the
team’s
19
duties.
20
The
bill
provides
that
the
duties
of
the
team
include:
21
preparing
a
biennial
report
for
the
governor,
supreme
court,
22
attorney
general,
and
the
general
assembly;
advising
and
23
consulting
the
agencies
represented
on
the
team
and
other
24
state
agencies
regarding
program
and
regulatory
changes
that
25
may
prevent
child
and
domestic
abuse
deaths;
and
developing
26
protocols
for
child
and
domestic
abuse
death
investigations
and
27
team
review.
28
The
bill
provides
that
the
review
team
shall
develop
29
protocols
for
a
child
fatality
review
committee
to
immediately
30
review
child
abuse
assessments
which
involve
the
fatality
of
a
31
child
under
age
eighteen.
32
The
bill
makes
conforming
Code
changes
including
33
definitions,
confidentiality,
and
rulemaking
for
the
new
review
34
team.
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