§ 235A.15 — Authorized access — procedures involving other states

Iowa § 235A.15

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 235A: CHILD ABUSE

Text

1. Child abuse information shall be confidential and shall not be a public record under
chapter 22. The confidentiality of all child abuse information shall be maintained, except as
specifically provided by this section.
2. Access to report data and disposition data subject to placement in the central registry
pursuant to section 232.71D is authorized only to the following persons or entities:
a. Subjects of a report as follows:
(1) To a child named in a report as a victim of abuse or to the child’s attorney or guardian
ad litem.
(2) To a parent or to the attorney for the parent of a child named in a report as a victim
of abuse.
(3) To a guardian or legal custodian, or that person’s attorney, of a child named in a report
as a victim of abuse.
(4) To a person or the attorney for the person named in a report as having abused a child.
b. Persons involved in an assessment of child abuse as follows:
(1) To a health practitioner or mental health professional who is examining, attending,
or treating a child whom such practitioner or professional believes or has reason to believe
has been the victim of abuse or to a health practitioner or mental health professional whose
consultation with respect to a child believed to have been the victim of abuse is requested by
the department.
(2) To an employee or agent of the department responsible for the assessment of a child
abuse report.
(3) Toalawenforcementofficerresponsibleforassistinginanassessmentofachildabuse
allegation or for the temporary emergency removal of a child from the child’s home.
(4) To a multidisciplinary team, or to parties to an interagency agreement entered
into pursuant to section 280.25, if the department approves the composition of the
multidisciplinary team or the relevant provisions of the interagency agreement and
determines that access to the team or to the parties to the interagency agreement is necessary
to assist the department in the diagnosis, assessment, and disposition of a child abuse case.
(5) In an individual case, to each mandatory reporter who reported the child abuse.
(6) To the county attorney.
(7) To the juvenile court.
(8) To a licensing authority for a facility providing care to a child named in a report, if the
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licensing authority is notified of a relationship between facility policy and the alleged child
abuse under section 232.71B.
(9) To the child protection assistance team established in accordance with section 915.35
for the county in which the report was made.
c. Individuals, agencies, or facilities providing care to a child, but only with respect
to disposition data and, if authorized in law to the extent necessary for purposes of an
employment evaluation, report data, for cases of founded child abuse placed in the central
registry in accordance with section 232.71D as follows:
(1) To an administrator of a psychiatric medical institution for children licensed under
chapter 135H.
(2) Toanadministratorofafacilityasdefinedinsection237.1ifthedataconcernsaperson
employed or being considered for employment by the facility.
(3) To an administrator of a child care facility registered or licensed under chapter 237A
if the data concerns a person employed or being considered for employment by or living in
the facility.
(4) To the superintendent of the Iowa school for the deaf if the data concerns a person
employed or being considered for employment or living in the school.
(5) To an administrator of a facility or program operated by the state, a city, or a county
which provides services or care directly to children, if the data concerns a person employed
by or being considered for employment by the facility or program.
(6) To an administrator of an agency certified by the department to provide services
under a medical assistance home and community-based services waiver, if the data concerns
a person employed by or being considered by the agency for employment.
(7) To an administrator of a child care resource and referral agency which has entered
into an agreement authorized by the department to provide child care resource and referral
services. Access is authorized if the data concerns a person providing child care services or
a person employed by a provider of such services and the agency includes the provider as a
referral or the provider has requested to be included as a referral.
(8) To an administrator of a hospital licensed under chapter 135B if the data concerns a
person employed or being considered for employment by the hospital.
(9) To an area education agency or other person responsible for providing early
intervention services to children that is funded under part C of the federal Individuals with
Disabilities Education Act.
(10) To a federal, state, or local governmental unit, or agent of the unit, that has a need
for the information in order to carry out its responsibilities under law to protect children from
abuse and neglect.
(11) To a nursing program that is approved by the state board of nursing under section
152.5, if the data relates to a record check performed pursuant to section 152.5A.
d. Report data and disposition data, and assessment data to the extent necessary for
resolution of the proceeding, relating to judicial and administrative proceedings as follows:
(1) To a juvenile court involved in an adjudication or disposition of a child named in a
report or a child that is the subject of a guardianship proceeding under chapter 232D.
(2) To a district court upon a finding that data is necessary for the resolution of an issue
arising in any phase of a case involving child abuse or guardianship proceedings for a child
under chapter 232D.
(3) To a court or the department hearing an appeal for correction of report data and
disposition data as provided in section 235A.19.
(4) To an expert witness at any stage of an appeal necessary for correction of report data
and disposition data as provided in section 235A.19.
(5) Toaprobationorparoleofficer, juvenilecourtofficer, courtappointedspecialadvocate
as defined in section 232.2, or adult correctional officer having custody or supervision of, or
conducting an investigation for a court or the board of parole regarding, a person named in
a report as a victim of child abuse or as having abused a child.
(6) To the department of justice for purposes of review by the prosecutor’s review
committee or the commitment of sexually violent predators as provided in chapter 229A.
(7) Each licensing board specified under chapter 147 and the department of inspections,
§235A.15, CHILD ABUSE 6
appeals, and licensing for the purpose of licensure, certification or registration, disciplinary
investigation, or the renewal of licensure, certification or registration, or disciplinary
proceedings of health care professionals.
e. Others as follows, but only with respect to report data and disposition data for cases of
founded child abuse subject to placement in the registry pursuant to section 232.71D:
(1) Toapersonconductingbonafideresearchonchildabuse, butwithoutdataidentifying
individuals named in a child abuse report, unless having that data open to review is essential
to the research or evaluation and the authorized registry officials give prior written approval
and the child, the child’s guardian or guardian ad litem and the person named in a report as
having abused a child give permission to release the data.
(2) To registry or department personnel when necessary to the performance of their
official duties or to a person or agency under contract with the department to carry out
official duties and functions of the department.
(3) To the department of justice for the sole purpose of the filing of a claim for restitution
or compensation pursuant to sections 915.21 and 915.84. Data provided pursuant to this
subparagraph is subject to the provisions of section 915.90.
(4) To a legally constituted child protection agency of another state which is investigating
or assessing or treating a child named in a report as having been abused or which is
investigating or assessing or treating a person named as having abused a child.
(5) To a public or licensed child-placing agency of another state responsible for an
adoptive or foster care preplacement or placement evaluation.
(6) Totheattorneyforthedepartmentwhoisresponsibleforrepresentingthedepartment.
(7) To the child advocacy and local citizen foster care review boards created pursuant to
sections 237.16 and 237.19.
(8) To an employee or agent of the department regarding a person who is providing child
care if the person is not registered or licensed to operate a child care facility.
(9) To the board of educational examiners created under chapter 256 for purposes of
determining whether a license, certificate, or authorization should be issued, denied, or
revoked.
(10) To a legally constituted child protection agency in another state if the agency is
conducting a records check of a person who is providing care or has applied to provide care
to a child in the other state.
(11) To the legally authorized protection and advocacy agency recognized in section
135C.2, if a person identified in the information as a victim or a perpetrator of abuse resides
in or receives services from a facility or agency because the person is diagnosed as having a
developmental disability or a mental illness.
(12) To the department for a record check relating to employment or residence pursuant
to section 218.13.
(13) To the Iowa board for the treatment of sexual abusers for purposes of certifying sex
offender treatment providers.
(14) To an employee or agent of the department responsible for registering or licensing or
approving the registration or licensing of an agency or facility, or to an individual providing
care to a child and regulated by the department.
(15) To an employee of the department responsible for an adoptive placement, a certified
adoptioninvestigator,orlicensedchild-placingagencyresponsibleforanadoptiveplacement.
(16) To the superintendent, or the superintendent’s designee, of a school district or to
the authorities in charge of an accredited nonpublic school for purposes of a volunteer or
employment record check.
(17) To the department of inspections, appeals, and licensing for purposes of record
checks of applicants for employment with the department of inspections, appeals, and
licensing.
(18) To a person or agency responsible for the care or supervision of a child named in a
report as an alleged victim of abuse or a person named in a report as having allegedly abused
a child, if the juvenile court or department deems access to report data and disposition data
by the person or agency to be necessary.
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(19) To the Iowa veterans home for purposes of record checks of potential volunteers and
volunteers in the Iowa veterans home.
(20) To the administrator of a certified nurse aide program, if the data relates to a record
check of a student of the program performed pursuant to section 135C.33.
(21) To the administrator of a juvenile detention or shelter care home, if the data relates
to a record check of an existing or prospective employee, resident, or volunteer for or in the
home.
(22) To the employer or prospective employer of a school bus driver for purposes of an
employment record check.
(23) To the administrator of a family support program receiving public funds, if the data
relates to a record check of an employee working directly with families.
(24) To an intake officer making a preliminary inquiry pursuant to section 232.28,
subsection 3.
(25) To a free clinic as defined in section 135.24A for purposes of record checks of
potential volunteers and existing volunteers at the free clinic.
f. Only with respect to disposition data for cases of founded child abuse subject to
placement in the central registry pursuant to section 232.71D, to a person who submits
written authorization from an individual allowing the person access to data pursuant to this
subsection on behalf of the individual in order to verify whether the individual is named in a
founded child abuse report as having abused a child.
3. Access to report data and disposition data for a case of child abuse determined to meet
the definition of child abuse, which data is not subject to placement in the central registry
pursuant to section 232.71D, is authorized only to the following persons:
a. Subjects of a report identified in subsection 2, paragraph “a”.
b. Persons involved in an assessment of child abuse identified in subsection 2, paragraph
“b”, subparagraphs (2), (3), (4), (6), and (7).
c. Others identified in subsection 2, paragraph “e”, subparagraphs (2), (3), (6), and (18).
d. The department of justice for purposes of review by the prosecutor’s review committee
or the commitment of sexually violent predators as provided in chapter 229A.
4. Access to report data for a case of child abuse determined to not meet the definition of
child abuse, which data is not subject to placement in the central registry pursuant to section
232.71D, is authorized only to the following:
a. Subjects of a report identified in subsection 2, paragraph “a”.
b. Persons involved in an assessment of child abuse identified in subsection 2, paragraph
“b”, subparagraphs (2), (6), and (7).
c. Others identified in subsection 2, paragraph “e”, subparagraphs (2) and (18).
d. The department of justice for purposes of review by the prosecutor’s review committee
or the commitment of sexually violent predators as provided in chapter 229A.
5. Access to disposition data subject to placement in the central registry pursuant to
section232.71Disauthorizedtothedepartmentofadministrativeservicesortothepersonnel
office of a public employer, as defined in section 20.3, as necessary for presentation in
grievance or arbitration procedures provided for in sections 8A.415 and 20.18. Disposition
data introduced into a grievance or arbitration proceeding shall not be considered a part of
the public record of a case.
6. a. If a child who is a legal resident of another state is present in this state and a report
of child abuse is made concerning the child, the department shall act to ensure the safety of
the child. The department shall contact the child’s state of legal residency to coordinate the
assessment of the report. If the child’s state of residency refuses to conduct an assessment,
the department shall commence an appropriate assessment.
b. If a report of child abuse is made concerning an alleged perpetrator who resides in this
state and a child who resides in another state, the department shall assist the child’s state of
residency in conducting an assessment of the report. The assistance shall include but is not
limited to an offer to interview the alleged perpetrator and any other relevant source. If the
child’s state of residency refuses to conduct an assessment of the report, the department shall
commence an appropriate assessment. The department shall seek to develop protocols with
§235A.15, CHILD ABUSE 8
states contiguous to this state for coordination in the assessment of a report of child abuse
when a person involved with the report is a resident of another state.
7. If the director receives a written request for information regarding a specific case
of child abuse involving a fatality or near fatality to a child from the majority or minority
leader of the senate or the speaker or the minority leader of the house of representatives,
the director or the director’s designee shall arrange for a confidential meeting with the
requestor or the requestor’s designee. In the confidential meeting the director or the
director’s designee shall share all pertinent information concerning the case, including but
not limited to child abuse information. Any written document distributed by the director or
the director’s designee at the confidential meeting shall not be removed from the meeting
and a participant in the meeting shall be subject to the restriction on redissemination of
confidential information applicable to a person under section 235A.17, subsection 3, for
confidential information disclosed to the participant at the meeting. A participant in the
meeting may issue a report to the governor or make general public statements concerning
the department’s handling of the case of child abuse.
8. Upontherequestofthegovernor,thedepartmentshalldisclosechildabuseinformation
to the governor or the governor’s designee relating to a specific case of child abuse reported
to the department.
9. If, apart from a request made pursuant to subsection 7 or 8, the department receives
from a member of the public a request for information relating to a case of founded child
abuse involving a fatality or near fatality to a child, the response to the request shall be made
inaccordancewiththissubsectionandsubsections10and11. Iftherequestisreceivedbefore
or during performance of an assessment of the case in accordance with section 232.71B, the
director or the director’s designee shall initially disclose whether or not the assessment will
be or is being performed. Otherwise, within five business days of receiving the request or
completing the assessment, whichever is later, the director or the director’s designee shall
consult with the county attorney responsible for prosecution of any alleged perpetrator of
the fatality or near fatality and shall disclose information, including but not limited to child
abuse information, relating to the case, except for the following:
a. The substance or content of any mental health or psychological information that is
confidential under chapter 228.
b. Information that constitutes the substance or contains the content of an attorney work
product or is a privileged communication under section 622.10.
c. Information that would reveal the identity of any individual who provided information
relating to a report of child abuse or an assessment of such a report involving the child.
d. Information that the director or the director’s designee reasonably believes is likely to
cause mental or physical harm to a sibling of the child or to another child residing in the
child’s household.
e. Information that the director or the director’s designee reasonably believes is likely to
jeopardize the prosecution of any alleged perpetrator of the fatality or near fatality.
f. Information that the director or the director’s designee reasonably believes is likely to
jeopardize the rights of any alleged perpetrator of the fatality or near fatality to a fair trial.
g. Information that the director or the director’s designee reasonably believes is likely to
undermine an ongoing or future criminal investigation.
h. Information, the release of which is a violation of federal law or regulation.
10. The information released by the director 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 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.
c. A summary of information, that would otherwise be confidential under section 217.30,
9 CHILD ABUSE, §235A.16
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.
d. Any recommendations made by the department to the county attorney or the juvenile
court.
e. Theservicesprovidedbyandactionsofthestateonbehalfofthechildthatarepertinent
to the child abuse or neglect that led to the child fatality or near fatality.
11. a. If a person who made a request for information under subsection 9 does not believe
the department has substantially complied with the request, the person may apply to the
juvenile court under section 235A.24 for an order for disclosure of additional information.
b. If release of social services information in addition to that released under subsection
10, paragraph “c”, is believed to be in the public’s interest and right to know, the director 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.
12. If an individual who is the subject of a child abuse report listed in subsection 2,
paragraph “a”, or another party involved in an assessment under section 232.71B releases in
a public forum or to the media information concerning a case of child abuse including but
not limited to child abuse information which would otherwise be confidential, the director
or the director’s designee may respond with relevant information concerning the case of
child abuse that was the subject of the release. Prior to releasing the response, the director
or the director’s designee shall consult with the child’s parent or guardian, or the child’s
guardian ad litem, and 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.

Legislative History

[C75, 77, 79, 81, §235A.15; 82 Acts, ch 1066, §2]