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House
File
2560
-
Introduced
HOUSE
FILE
2560
BY
MEGGERS
A
BILL
FOR
An
Act
relating
to
recordings
of
interviews
during
child
abuse
1
assessments
and
family
assessments.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2560
Section
1.
Section
232.68,
subsection
3,
Code
2026,
is
1
amended
to
read
as
follows:
2
3.
“Confidential
access
to
a
child”
means
access
to
a
child,
3
who
is
alleged
to
be
the
victim
of
child
abuse,
during
a
child
4
abuse
assessment.
The
access
may
be
accomplished
by
interview,
5
observation,
or
physical
assessment
of
the
child.
As
used
in
6
this
subsection
and
this
part
:
7
a.
“Interview”
means
the
verbal
exchange
between
the
child
8
protection
worker
and
the
child
for
the
purpose
of
developing
9
information
necessary
to
protect
the
child.
A
child
protection
10
worker
is
not
precluded
from
recording
visible
evidence
of
11
abuse.
12
b.
“Observation”
means
direct
physical
viewing
of
a
child
13
under
the
age
of
four
by
the
child
protection
worker
where
14
the
viewing
is
limited
to
the
child’s
body
other
than
the
15
genitalia
and
pubes.
“Observation”
also
means
direct
physical
16
viewing
of
a
child
aged
four
or
older
by
the
child
protection
17
worker
without
touching
the
child
or
removing
an
article
of
18
the
child’s
clothing,
and
doing
so
without
the
consent
of
the
19
child’s
parent,
custodian,
or
guardian.
A
child
protection
20
worker
is
not
precluded
from
recording
evidence
of
abuse
21
obtained
as
a
result
of
a
child’s
voluntary
removal
of
an
22
article
of
clothing
without
inducement
by
the
child
protection
23
worker.
However,
if
prior
consent
of
the
child’s
parent
or
24
guardian,
or
an
ex
parte
court
order,
is
obtained,
“observation”
25
may
include
viewing
the
child’s
unclothed
body
other
than
the
26
genitalia
and
pubes.
27
Sec.
2.
Section
232.68,
Code
2026,
is
amended
by
adding
the
28
following
new
subsections:
29
NEW
SUBSECTION
.
6A.
“Interview”
means
the
verbal
exchange
30
between
a
child
protection
worker
and
another
individual
for
31
the
purpose
of
eliciting
information
concerning
child
abuse
32
or
a
child’s
exposure
to
violence.
A
child
protection
worker
33
shall
not
be
precluded
from
recording
visible
evidence
of
34
abuse.
35
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NEW
SUBSECTION
.
7A.
a.
“Observation”
means
all
of
the
1
following:
2
(1)
Direct
physical
viewing
of
a
child
under
the
age
of
four
3
by
a
child
protection
worker
where
the
viewing
is
limited
to
4
the
child’s
body
other
than
the
genitalia
and
pubes.
5
(2)
Direct
physical
viewing
of
a
child
aged
four
or
older
6
by
a
child
protection
worker
without
touching
the
child
or
7
removing
an
article
of
the
child’s
clothing.
8
(3)
If
a
child
protection
worker
obtains
prior
consent
of
a
9
child’s
parent
or
guardian,
or
an
ex
parte
court
order,
viewing
10
the
child’s
unclothed
body
other
than
the
genitalia
and
pubes.
11
b.
A
child
protection
worker
shall
be
permitted
to
perform
12
an
observation
of
a
child
without
the
consent
of
the
child’s
13
parent,
custodian,
or
guardian.
14
c.
A
child
protection
worker
is
not
precluded
from
recording
15
evidence
of
abuse
obtained
as
a
result
of
a
child’s
voluntary
16
removal
of
an
article
of
clothing
without
inducement
by
the
17
child
protection
worker.
18
Sec.
3.
Section
232.71B,
Code
2026,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
21.
Recorded
interviews.
21
a.
Each
interview
conducted
by
the
department
during
a
22
child
abuse
assessment
or
a
family
assessment
shall
be
recorded
23
by
electronic
audio
recording,
body
camera
video,
or
other
24
reasonable
means
of
recording
the
interview.
25
b.
A
recording
made
pursuant
to
this
subsection
shall
be
26
subject
to
all
of
the
following:
27
(1)
The
recording
shall
be
retained
for
a
minimum
of
five
28
years
from
the
date
the
recording
was
made.
29
(2)
The
recording
shall
only
be
released
in
the
following
30
circumstances:
31
(a)
To
a
person
investigating
the
possible
child
abuse
or
32
exposure
to
violence
that
required
the
recorded
interview.
33
(b)
Upon
the
request
of
a
person
caring
for
the
child
who
is
34
the
subject
of
the
child
abuse
assessment
or
family
assessment
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and
in
connection
with
a
legal
proceeding,
to
the
person
caring
1
for
the
child,
provided
that
a
court
has
not
ordered
the
2
recording
to
be
withheld
from
the
person
caring
for
the
child.
3
(c)
Upon
the
request
of
a
guardian
for
the
child
who
is
the
4
subject
of
the
child
abuse
assessment
or
family
assessment
and
5
in
connection
with
a
legal
proceeding,
to
the
guardian
for
the
6
child,
provided
that
a
court
has
not
ordered
the
recording
to
7
be
withheld
from
the
guardian.
8
c.
The
department
shall
establish
penalties
for
a
person
who
9
violates
paragraph
“b”
,
subparagraph
(2).
10
d.
The
department
shall
store
and
distribute
recordings
11
made
pursuant
to
this
subsection
in
a
secure
manner
with
access
12
controls
and
role-based
permission
management.
13
e.
The
department’s
failure
to
comply
with
this
subsection,
14
in
whole
or
in
part,
shall
not
do
any
of
the
following:
15
(1)
Provide
an
individual
a
cause
of
action
against
the
16
state,
a
subdivision
of
the
state,
or
an
agent
of
the
state
or
a
17
subdivision
of
the
state.
18
(2)
Constitute
grounds
to
preclude
statements,
19
observations,
or
other
evidence
obtained
during
an
interview
20
from
being
admitted
in
a
legal
proceeding.
21
f.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
22
to
implement
this
subsection.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
The
federal
Generate
Recordings
of
All
Child
protective
27
Interviews
Everywhere
(GRACIE)
Act
established
grants
for
28
states
that
meet
certain
requirements.
This
bill
implements
29
the
requirements
of
the
GRACIE
Act
by
redefining
“interview”
30
for
purposes
of
child
abuse
assessments
and
family
assessments
31
(assessments),
and
requiring
each
interview
performed
by
32
the
department
of
health
and
human
services
(HHS)
during
an
33
assessment
to
be
recorded
by
audio
recording,
body
camera
34
video,
or
other
reasonable
means
of
recording
the
interview.
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Recordings
must
be
retained
for
a
minimum
of
five
years
from
1
the
date
the
recording
was
made
and
released
only
to
persons
2
specified
in
the
bill.
A
person
who
releases
a
recording
to
a
3
person
not
authorized
by
the
bill
shall
be
subject
to
a
penalty
4
established
by
HHS.
HHS’s
failure
to
comply
with
the
bill’s
5
provisions
does
not
provide
an
individual
a
cause
of
action
6
against
the
state,
a
subdivision,
or
an
agent
of
the
state
or
a
7
subdivision
of
the
state;
and
does
not
constitute
grounds
to
8
preclude
statements,
observations,
or
other
evidence
obtained
9
during
an
interview
from
being
admitted
in
a
legal
proceeding.
10
The
bill
directs
HHS
to
adopt
rules
to
implement
the
bill.
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