2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.71D - FOUNDED CHILD ABUSE -- CENTRAL REGISTRY.

        232.71D  FOUNDED CHILD ABUSE -- CENTRAL REGISTRY.
         1.  The requirements of this section shall apply to child abuse
      information relating to a report of child abuse and to an assessment
      performed in accordance with section 232.71B.
         2.  If the alleged child abuse meets the definition of child abuse
      under section 232.68, subsection 2, paragraph "a" or "d", and
      the department determines the injury or risk of harm to the child was
      minor and isolated and is unlikely to reoccur, the names of the child
      and the alleged perpetrator of the child abuse and any other child
      abuse information shall not be placed in the central registry as a
      case of founded child abuse.
         3.  Except as otherwise provided in section 232.68, subsection 2,
      paragraph "d", regarding parents legitimately practicing
      religious beliefs, the names of the child and the alleged perpetrator
      and the report data and disposition data shall be placed in the
      central registry as a case of founded child abuse under any of the
      following circumstances:
         a.  The case was referred for juvenile or criminal court
      action as a result of the acts or omissions of the alleged
      perpetrator or a criminal or juvenile court action was initiated by
      the county attorney or juvenile court within twelve months of the
      date of the department's report concerning the case, in which the
      alleged perpetrator was convicted of a crime involving the child or
      there was a delinquency or child in need of assistance adjudication.

         b.  The department determines the acts or omissions of the
      alleged perpetrator meet the definition of child abuse under section
      232.68, subsection 2, paragraph "a", involving nonaccidental
      physical injury suffered by the child and the injury was not minor or
      was not isolated or is likely to reoccur.
         c.  The department determines the acts or omissions of the
      alleged perpetrator meet the definition of child abuse and the
      department has previously determined within the eighteen-month period
      preceding the issuance of the department's report that the acts or
      omissions of the alleged perpetrator in a prior case met the
      definition of child abuse.
         d.  The department determines the acts or omissions of the
      alleged perpetrator meet the definition of child abuse under section
      232.68, subsection 2, paragraph "b", involving mental injury.
         e.  The department determines the acts or omissions meet the
      definition of child abuse under section 232.68, subsection 2,
      paragraph "c", and the alleged perpetrator of the acts or
      omissions is age fourteen or older.  However, the juvenile court may
      order the removal from the central registry of the name of an alleged
      perpetrator placed in the registry pursuant to this paragraph who is
      age fourteen through seventeen upon a finding of good cause.  The
      name of an alleged perpetrator who is less than age fourteen shall
      not be placed in the central registry pursuant to this paragraph.
         f.  The department determines the acts or omissions of the
      alleged perpetrator meet the definition of child abuse under section
      232.68, subsection 2, paragraph "d", involving failure to provide
      care necessary for the child's health and welfare, and any injury to
      the child or risk to the child's health and welfare was not minor or
      was not isolated or is likely to reoccur, in any of the following
      ways:
         (1)  Failure to provide adequate food and nutrition.
         (2)  Failure to provide adequate shelter.
         (3)  Failure to provide adequate health care.
         (4)  Failure to provide adequate mental health care.
         (5)  Gross failure to meet emotional needs.
         (6)  Failure to respond to an infant's life-threatening condition.

         g.  The department determines the acts or omissions of the
      alleged perpetrator meet the definition of child abuse under section
      232.68, subsection 2, paragraph "e", involving prostitution.
         h.  The department determines the acts or omissions of the
      alleged perpetrator meet the definition of child abuse under section
      232.68, subsection 2, paragraph "f", involving the presence of an
      illegal drug.
         i.  The department determines the alleged perpetrator of the
      child abuse will continue to pose a danger to the child who is the
      subject of the report of child abuse or to another child with whom
      the alleged perpetrator may come into contact.
         4.  If report data and disposition data are placed in the central
      registry in accordance with this section, the department shall make
      periodic follow-up reports in a manner prescribed by the registry so
      that the registry is kept up-to-date and fully informed concerning
      the case.
         5. a.  The confidentiality of all of the following shall be
      maintained in accordance with section 217.30:
         (1)  Assessment data.
         (2)  Information pertaining to an allegation of child abuse for
      which there was no assessment performed.
         (3)  Information pertaining to an allegation of child abuse which
      was determined to not meet the definition of child abuse.
      Individuals identified in section 235A.15, subsection 4, are
      authorized to have access to such information under section 217.30.
         (4)  Report data and disposition data pertaining to an allegation
      of child abuse determined to meet the definition of child abuse which
      is not subject to placement in the central registry.  Individuals
      identified in section 235A.15, subsection 3, are authorized to have
      access to such data under section 217.30.
         b.  The confidentiality of report data and disposition data
      pertaining to an allegation of child abuse determined to meet the
      definition of child abuse which is subject to placement in the
      central registry, shall be maintained as provided in chapter 235A.
      

         97 Acts, ch 176, §5, 25, 26, 43; 99 Acts, ch 192, §33; 2004 Acts,
      ch 1086, §43; 2005 Acts, ch 121, §3
         Referred to in § 232.68, 235A.14, 235A.15, 235A.17, 235A.18,
      237A.5