235A.24 - ORDER FOR DISCLOSURE OR RELEASE OF CHILD ABUSE INFORMATION.
235A.24 ORDER FOR DISCLOSURE OR RELEASE OF CHILD
ABUSE INFORMATION.
1. a. If a person's request for information relating to a
case of founded child abuse under section 235A.15, subsection 9, is
denied or such person does not believe the department has
substantially complied with the request and seeks additional
information, the person may apply to the juvenile court for an order
compelling disclosure of the information.
b. The director of human services or the director's designee
may apply, if the conditions under section 235A.15, subsection 11 or
12, are met, to the court requesting a review of confidential
information proposed for release and an order authorizing the release
of 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.
2. The application shall state in reasonable detail the factors
in support of the application. The juvenile court shall have
jurisdiction to issue the order. A hearing shall be set immediately
upon filing of an application under this section and subsequent
proceedings shall be accorded priority by other courts.
3. In considering the application, the court shall weigh the
public's interest and right to know the information against the
privacy rights of the victim of the child abuse and other individuals
who may be affected by the release of the information relating to the
case of child abuse.
4. After the court has reviewed the information relating to the
case in camera, unless the court finds that a restriction listed in
section 235A.15, subsection 9, is applicable, the court may issue an
order compelling disclosure or authorizing release of the information
relating to the case. Section History: Recent Form
2000 Acts, ch 1137, §12, 14; 2004 Acts, ch 1153, §8
Referred to in § 232.68, 235A.12, 235A.13, 235A.15