235A.15 - AUTHORIZED ACCESS -- PROCEDURES INVOLVING OTHER STATES.
235A.15 AUTHORIZED ACCESS -- PROCEDURES INVOLVING
OTHER STATES.
1. Notwithstanding 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 of human services
responsible for the assessment of a child abuse report.
(3) To a law enforcement officer responsible for assisting in an
assessment of a child abuse 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
of human services 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 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) To an administrator of a child foster care facility licensed
under chapter 237 if the data concerns a person 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 braille and sight saving
school if the data concerns a person employed or being considered for
employment or living in the school.
(5) To the superintendent of the school for the deaf if the data
concerns a person employed or being considered for employment or
living in the school.
(6) To an administrator of a community mental health center
accredited under chapter 230A if the data concerns a person employed
or being considered for employment by the center.
(7) 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.
(8) To an administrator of an agency certified by the department
of human services 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.
(9) To the administrator of an agency providing mental health,
mental retardation, or developmental disability services under a
county management plan developed pursuant to section 331.439, if the
data concerns a person employed by or being considered by the agency
for employment.
(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) 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 152.5.
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.
(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.
(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) To a probation or parole officer, juvenile court officer,
court appointed special advocate 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 Iowa
department of public health 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) To a person conducting bona fide research on child abuse, but
without data identifying 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) To the attorney for the department of human services who is
responsible for representing the department.
(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 of human services
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
272 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 of human services 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 adoption investigator, or licensed
child-placing agency responsible for an adoptive placement.
(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 and appeals for purposes of
record checks of applicants for employment with the department of
inspections and appeals.
(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.
(19) To the Iowa veterans home for purposes of record checks of
potential volunteers and volunteers in the Iowa veterans home.
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 section 232.71D is authorized to the department
of administrative services or to the personnel 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 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 of human services 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. Upon the request of the governor, the department shall
disclose child abuse information 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 in accordance with this subsection and subsections 10
and 11. If the request is received before or during performance of
an assessment of the case in accordance with section 232.71B, the
director of human services 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 of human
services 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 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 child
or the child's family and the department's response and findings.
b. 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. Any recommendations made by the department to the county
attorney or the juvenile court.
d. If applicable, a summary of an evaluation of the
department's responses in the case.
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 "b", 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.
12. If an individual who is the subject of a child abuse report
listed in subsection 2, paragraph "a", or another party involved
in a child abuse 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 of human services, 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. Section History: Early Form
[C75, 77, 79, 81, § 235A.15; 82 Acts, ch 1066, § 2] Section History: Recent Form
83 Acts, ch 96, § 157, 159; 85 Acts, ch 173, § 16; 85 Acts, ch
174, § 1; 86 Acts, ch 1177, § 2; 87 Acts, ch 153, § 10, 11; 88 Acts,
ch 1158, § 53; 89 Acts, ch 65, § 1; 89 Acts, ch 283, § 25; 90 Acts,
ch 1221, § 3, 4; 90 Acts, ch 1248, § 1; 90 Acts, ch 1249, § 1; 91
Acts, ch 97, § 30; 91 Acts, ch 138, § 5, 6; 92 Acts, ch 1141, § 4; 92
Acts, ch 1143, § 3, 4; 93 Acts, ch 76, §3, 4; 94 Acts, ch 1023, §43;
94 Acts, ch 1156, §1; 95 Acts, ch 93, § 1--3; 95 Acts, ch 182, § 15,
16; 96 Acts, ch 1175, § 4; 96 Acts, ch 1183, § 28; 97 Acts, ch 176, §
9, 32--37, 43; 98 Acts, ch 1090, §64, 84; 98 Acts, ch 1100, §97; 98
Acts, ch 1115, §3; 99 Acts, ch 61, §10--12, 14; 99 Acts, ch 111, §8;
99 Acts, ch 141, §31; 99 Acts, ch 192, §33; 2000 Acts, ch 1123, §3;
2000 Acts, ch 1137, §6--9, 14; 2000 Acts, ch 1153, §1; 2001 Acts, ch
8, §2; 2002 Acts, ch 1034, §2; 2002 Acts, ch 1162, §19; 2003 Acts, ch
107, §2; 2003 Acts, ch 145, §217, 286; 2004 Acts, ch 1116, §27; 2004
Acts, ch 1153, §4--7; 2005 Acts, ch 19, §37; 2005 Acts, ch 121,
§4--8; 2006 Acts, ch 1008, §2; 2006 Acts, ch 1152, §1; 2007 Acts, ch
10, §166; 2007 Acts, ch 22, §55; 2009 Acts, ch 93, § 2
Referred to in § 135.43, 216A.136, 217.30, 232.68, 232.71B,
232.71D, 235A.12, 235A.13, 235A.16, 235A.17, 235A.19, 235A.21,
235A.24, 237.21
See §235A.24