235A.19 - EXAMINATION, REQUESTS FOR CORRECTION OR EXPUNGEMENT AND APPEAL.
235A.19 EXAMINATION, REQUESTS FOR CORRECTION OR
EXPUNGEMENT AND APPEAL.
1. A subject of a child abuse report, as identified in section
235A.15, subsection 2, paragraph "a", shall have the right to
examine report data and disposition data which refers to the subject.
The department may prescribe reasonable hours and places of
examination.
2. a. A subject of a child abuse report may file with the
department within six months of the date of the notice of the results
of an assessment performed in accordance with section 232.71B, a
written statement to the effect that report data and disposition data
referring to the subject is in whole or in part erroneous, and may
request a correction of that data or of the findings of the
assessment report. The department shall provide the subject with an
opportunity for an evidentiary hearing pursuant to chapter 17A to
correct the data or the findings, unless the department corrects the
data or findings as requested. The department may defer the hearing
until the conclusion of a pending juvenile or district court case
relating to the data or findings.
b. The department shall not disclose any report data or
disposition data until the conclusion of the proceeding to correct
the data or findings, except as follows:
(1) As necessary for the proceeding itself.
(2) To the parties and attorneys involved in a judicial
proceeding.
(3) For the regulation of child care or child placement.
(4) Pursuant to court order.
(5) To the subject of an assessment or a report.
(6) For the care or treatment of a child named in a report as a
victim of abuse.
(7) To persons involved in an assessment of child abuse.
(8) For statutorily authorized record checks for employment of an
individual by a provider of adult home care, adult health facility
care, or other adult placement facility care.
(9) For others identified in section 235A.15, subsection 2,
paragraph "d", subparagraph (7), and paragraph "e",
subparagraphs (9) and (16).
3. The subject of a child abuse report may appeal the decision
resulting from a hearing held pursuant to subsection 2 to the
district court of Polk county or to the district court of the
district in which the subject of the child abuse report resides.
Immediately upon appeal the court shall order the department to file
with the court a certified copy of the report data or disposition
data. Appeal shall be taken in accordance with chapter 17A.
4. Upon the request of the appellant, the record and evidence in
such cases shall be closed to all but the court and its officers, and
access to the record and evidence shall be prohibited unless
otherwise ordered by the court. The clerk shall maintain a separate
docket for such actions. A person other than the appellant shall not
permit a copy of any of the testimony or pleadings or the substance
of the testimony or pleadings to be made available to any person
other than a party to the action or the party's attorney. Violation
of the provisions of this subsection shall be a public offense
punishable under section 235A.21.
5. Whenever the department corrects or eliminates data as
requested or as ordered by the court, the department shall advise all
persons who have received the incorrect data of such fact. Upon
application to the court and service of notice on the department, any
subject of a child abuse report may request and obtain a list of all
persons who have received report data or disposition data referring
to the subject.
6. In the course of any proceeding provided for by this section,
the identity of the person who reported the disputed data and the
identity of any person who has been reported as having abused a child
may be withheld upon a determination by the department that
disclosure of their identities would be detrimental to their
interests. Section History: Early Form
[C75, 77, 79, 81, § 235A.19] Section History: Recent Form
85 Acts, ch 173, § 18; 89 Acts, ch 230, § 21; 92 Acts, ch 1143, §
5; 94 Acts, ch 1130, §10; 95 Acts, ch 49, § 3; 97 Acts, ch 35, §21,
25; 97 Acts, ch 176, §12, 39, 40, 43; 98 Acts, ch 1100, §98; 2000
Acts, ch 1067, §2; 2005 Acts, ch 121, §9
Referred to in § 216A.136, 232.68, 232.71B, 235A.12, 235A.13,
235A.15