reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.21 - Services to be offered.

234.21 Services to be offered.
The state division may offer, provide, or purchase family planning and birth control services to every person who is an eligible applicant or recipient of service or any financial assistance from the department of human services, or who is receiving federal supplementary security income as defined in section 249.1.
[C66, 71, 73, 75, 77, 79, 81, §234.21]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.22 - Extent of services.

234.22 Extent of services.
Such family planning and birth control services may include interview with trained personnel; distribution of literature; referral to a licensed physician or physician assistant for consultation, examination, tests, medical treatment, and prescription; and, to the extent so prescribed, the distribution of rhythm charts, drugs, medical preparations, contraceptive devices, and similar products.
[C66, 71, 73, 75, 77, 79, 81, §234.22]
2022 Acts, ch 1066, §37
Section amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.23 - Charge for services.

234.23 Charge for services.
In making provision for and offering such services, the state division may charge those persons to whom family planning and birth control services are rendered a fee sufficient to reimburse the state division all or any portion of the costs of the services rendered.
[C66, 71, 73, 75, 77, 79, 81, §234.23]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.24 - Services may be refused.

234.24 Services may be refused.
The refusal of any person to accept family planning and birth control services shall in no way affect the right of such person to receive public assistance or any other public benefit and every person to whom such services are offered shall be so advised initially both orally and in writing. Employees engaged in the administration of this section shall recognize that the right to make decisions concerning family planning and birth control is a fundamental personal right of the individual and nothing in this subchapter shall in any way abridge such individual right, nor shall any individual be required to state the individual’s reason for refusing the offer of family planning and birth control services.
[C66, 71, 73, 75, 77, 79, 81, §234.24]
2014 Acts, ch 1026, §143
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.25 - Language to be used.

234.25 Language to be used.
In all cases where the recipient does not speak or read the English language, the services shall not be given unless the interviews shall be conducted in, and all literature shall be written in, a language which the recipient understands.
[C66, 71, 73, 75, 77, 79, 81, §234.25]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.26 - Construction.

234.26 Construction.
This subchapter shall be liberally construed to protect the rights of all individuals to pursue their religious beliefs and to follow the dictates of their own consciences, and to prevent the imposition upon any individual of practices offensive to the individual’s moral standards.
[C66, 71, 73, 75, 77, 79, 81, §234.26]
2014 Acts, ch 1026, §143
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.27 - Policy.

234.27 Policy.
The general assembly hereby finds, determines, and declares that this subchapter is necessary for the immediate preservation of the public peace, health, and safety.
[C66, 71, 73, 75, 77, 79, 81, §234.27]
2014 Acts, ch 1026, §143
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.28 - Obscenity laws not applicable.

234.28 Obscenity laws not applicable.
The provisions of chapter 728 do not apply to services provided under the terms of this subchapter.
[C66, 71, 73, 75, 77, 79, 81, §234.28]
2014 Acts, ch 1026, §143
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.37 - Department may establish accounts for certain children.

234.37 Department may establish accounts for certain children.
The department of human services is authorized to establish an account in the name of any child committed to the director of human services or the director’s designee, or whose legal custody has been transferred to the department, or who is voluntarily placed in foster care pursuant to section 234.35. Any money which the child receives from the United States government or any private source shall be placed in the child’s account, unless a guardian of the child’s property has been appointed and demands the money, in which case it shall be paid to the guardian. The account shall be maintained by the department as trustee for the child in an interest-bearing account at a reputable bank or savings association, except that if the child is residing at an institution administered by the department a limited amount of the child’s funds may be maintained in a separate account, which need not be interest bearing, in the child’s name at the institution. Any money held in an account in the child’s name or in trust for the child under this section may be used, at the discretion of the department and subject to restrictions lawfully imposed by the United States government or other source from which the child receives the funds, for the purchase of personal incidentals, desires and comforts of the child. All of the money held for a child by the department under this section and not used in the child’s behalf as authorized by law shall be promptly paid to the child or the child’s parent or legal guardian upon termination of the commitment of the child to the director or the director’s designee, or upon transfer or cessation of legal custody of the child by the department.
[C75, 77, 79, 81, §234.37]
2012 Acts, ch 1017, §58
Referred to in §233A.10
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.38 - Foster care reimbursement rates.

234.38 Foster care reimbursement rates.
The department of human services shall make reimbursement payments directly to foster parents for services provided to children pursuant to section 234.6, subsection 1, paragraph “e”, subparagraph (2), or section 234.35. In any fiscal year, the reimbursement rate shall be based upon sixty-five percent of the United States department of agriculture estimate of the cost to raise a child in the calendar year immediately preceding the fiscal year. The department may pay an additional stipend for a child with special needs.
[C75, 77, 79, 81, §234.38]
90 Acts, ch 1270, §44; 92 Acts, ch 1229, §26; 92 Acts, ch 1247, §46
; 92 Acts, 1st Ex, ch 1004, §4
; 2016 Acts, ch 1073, §190
Referred to in §234.35
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.40 - Corporal punishment.

234.40 Corporal punishment.
The department of human services shall adopt rules prohibiting corporal punishment of foster children by foster parents licensed by the department. The rules shall allow foster parents to use reasonable physical force to restrain a foster child in order to prevent injury to the foster child, injury to others, the destruction of property, or extremely disruptive behavior. For the purposes of this section, “corporal punishment” means the intentional physical punishment of a foster child. A foster parent’s physical contact with the body of a foster child shall not be considered corporal punishment if the contact is reasonable and necessary under the circumstances and is not designed or intended to cause pain or if the foster parent uses reasonable force, as defined under section 704.1.
[C79, 81, §234.40]
92 Acts, ch 1241, §71
Referred to in §232.71B
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.41 - Tort actions.

234.41 Tort actions.
A foster parent licensed by the department of human services stands in the same relationship to the foster parent’s minor foster child, for purposes of tort actions by or on behalf of the foster child against the foster parent, as a biological parent to the biological parent’s minor child who resides at home. This section does not apply to a foster parent whose malicious, willful and wanton conduct causes injury or damage to a foster child or exposes the foster child to a danger caused by violation of a statute or the rules of the department of human services.
[C79, 81, §234.41]
94 Acts, ch 1046, §4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.45 - Iowa marriage initiative grant fund.

234.45 Iowa marriage initiative grant fund.
1. An Iowa marriage initiative grant fund is established in the state treasury under the authority of the department of human services. The grant fund shall consist of moneys appropriated to the fund and notwithstanding section 8.33 such moneys shall not revert to the fund from which appropriated at the close of the fiscal year but shall remain in the Iowa marriage initiative grant fund. Moneys credited to the fund shall be used as directed in appropriations made by the general assembly for funding of services to support marriage and to encourage the formation and maintenance of two-parent families that are secure and nurturing.
2. It is the intent of the general assembly to credit to the Iowa marriage initiative grant fund, federal moneys provided to the state for the express purpose of supporting marriage or two-parent families.
2001 Acts, ch 191, §37
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.46 - Preparation for adult living program.

234.46 Preparation for adult living program.
1. For the purposes of this section, “young adult” means a person who is described by all of the following conditions:
a. The person is a resident of this state.
b. The person is age eighteen, nineteen, twenty, twenty-one, or twenty-two.
c. At the time the person became age eighteen, the person received foster care services that were paid for by the state under section 234.35, services at a state training school, services at a juvenile shelter care home, services at a juvenile detention home, or court-ordered care in accordance with chapter 232 by a relative or another person with a significant relationship with the person, and the person is no longer receiving such services or care.
d. The person enters into and participates in an individual self-sufficiency plan that complements the person’s own efforts for achieving self-sufficiency and the plan provides for one or more of the following:
(1) The person attends an accredited school full-time pursuing a course of study leading to a high school diploma.
(2) The person attends an instructional program leading to a high school equivalency diploma.
(3) The person is enrolled in or pursuing enrollment in a postsecondary education or training program or work training.
(4) The person is employed or seeking employment.
2. The division shall establish a preparation for adult living program directed to young adults. The purpose of the program is to assist persons who are leaving foster care and other court-ordered services at age eighteen or older in making the transition to self-sufficiency. The department shall adopt rules necessary for administration of the program, including but not limited to eligibility criteria for young adult participation and the services and other support available under the program. The rules shall provide for participation of each person who meets the definition of young adult on the same basis, regardless of whether federal financial participation is provided. The services and other support available under the program may include but are not limited to any of the following:
a. Support for the young adult continuing to reside with the family that provided family foster care to the young adult.
b. Support for a supervised apartment living arrangement.
c. Support for participation in education, training, or employment activities.
d. Other assistance to enhance the young adult’s ability to achieve self-sufficiency.
3. This section shall not be construed as granting an entitlement for any program, services, or other support for the persons described in this section. Any state obligation to provide a program, services, or other support pursuant to this section is limited to the extent of the funds appropriated for the purposes of the program.
2006 Acts, ch 1159, §7; 2014 Acts, ch 1140, §89, 90; 2019 Acts, ch 85, §109; 2020 Acts, ch 1051, §1
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.47 - State child care assistance and adoption subsidy programs — expenditure projections.

234.47 State child care assistance and adoption subsidy programs — expenditure projections.
The department of human services, the department of management, and the legislative services agency shall utilize a joint process to arrive at consensus projections for expenditures for the state child care assistance program under section 237A.13 and adoption subsidy and other assistance provided under section 600.17.
2008 Acts, ch 1187, §115
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235 - CHILD WELFARE › Section 235.1 - Definitions.

235.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Administrator” means the same as defined in section 234.1.
2. “Child” means the same as defined in section 234.1.
3. “Child welfare services” means social welfare services for the protection and care of children who are homeless, dependent or neglected, or in danger of becoming delinquent, or who have a mental illness or an intellectual disability or other developmental disability, including, when necessary, care and maintenance in a foster care facility. Child welfare services are designed to serve a child in the child’s home whenever possible. If not possible, and the child is placed outside the child’s home, the placement should be in the least restrictive setting available and in close proximity to the child’s home.
4. “State division” means the same as defined in section 234.1.
[C39, §3661.016; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §235.1]
83 Acts, ch 101, §44; 92 Acts, ch 1229, §28; 94 Acts, ch 1023, §88; 2009 Acts, ch 133, §86; 2012 Acts, ch 1019, §93
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235 - CHILD WELFARE › Section 235.2 - Powers and duties of state division.

235.2 Powers and duties of state division.
The state division, in addition to all other powers and duties given it by law, shall:
1. Administer and enforce the provisions of this chapter.
2. Join and cooperate with the government of the United States through its appropriate agency or instrumentality or with any other officer or agency of the federal government in planning, establishing, extending and strengthening public and private child welfare services within the state.
3. Make such investigations and to obtain such information as will permit the administrator to determine the need for public child welfare services within the state and within the several county departments thereof.
4. Apply for and receive any funds which are or may be allotted to the state by the United States or any agency thereof for the purpose of developing child welfare services.
5. Make such reports and budget estimates to the governor and to the general assembly as are required by law or such as are necessary and proper to obtain the appropriation of state funds for child welfare services within the state and for all the purposes of this chapter.
6. Cooperate with the several county departments within the state, and all county boards of supervisors and other public or private agencies charged with the protection and care of children, in the development of child welfare services.
7. Aid in the enforcement of all laws of the state for the protection and care of children.
8. Cooperate with the juvenile courts of the state and with the other administrators and divisions of the department of human services regarding the management and control of state institutions and the inmates thereof.
[C39, §3661.017; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §235.2]
83 Acts, ch 96, §157, 159
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235 - CHILD WELFARE › Section 235.3 - Powers and duties of administrator.

235.3 Powers and duties of administrator.
The administrator shall:
1. Plan and supervise all public child welfare services and activities within the state as provided by this chapter.
2. Make such reports and obtain and furnish such information from time to time as may be necessary to permit cooperation by the state division with the United States children’s bureau, the social security administration, or any other federal agency which is now or may hereafter be charged with any duty regarding child care or child welfare services.
3. Adopt rules as necessary or advisable for the supervision of the private child-caring agencies or their officers which the administrator is empowered to license and supervise.
4. Supervise private institutions for the care of dependent, neglected, and delinquent children, and make reports regarding the institutions.
5. Designate and approve the private and county institutions within the state to which neglected, dependent, and delinquent children may be legally committed and to have supervision of the care of children committed thereto, and the right of visitation and inspection of said institutions at all times.
6. Receive and keep on file annual reports from all institutions to which children subject to the jurisdiction of the juvenile court are committed, compile statistics regarding juvenile delinquency, make reports regarding juvenile delinquency, and study prevention and cure of juvenile delinquency.
7. Require and receive from the clerks of the courts of record within the state duplicates of the findings of the courts upon petitions for adoption, and keep records and compile statistics regarding adoptions.
8. License private child-placing agencies, make reports regarding them, and revoke such licenses.
9. Make such rules and regulations as may be necessary for the distribution and use of funds appropriated for child welfare services.
[C27, 31, 35, §3661-a1, -a2; C39, §3661.018; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §235.3; 82 Acts, ch 1100, §8]
88 Acts, ch 1158, §52; 89 Acts, ch 19, §1; 90 Acts, ch 1204, §49; 2013 Acts, ch 30, §45
Referred to in §602.8102(43)
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235 - CHILD WELFARE › Section 235.4 - Licenses.

235.4 Licenses.
Licenses issued to private boarding homes for children and private child-placing agencies by the administrator shall remain in effect for the period for which issued, unless sooner revoked according to law. Thereafter each of such agencies shall apply to the administrator for a new license, and shall submit to such rules regarding licensing as the administrator prescribes.
[C39, §3661.020; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §235.5]
90 Acts, ch 1204, §50
C91, §235.4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235 - CHILD WELFARE › Section 235.5 - Inspections.

235.5 Inspections.
The department of inspections and appeals shall conduct inspections of private institutions for the care of dependent, neglected, and delinquent children in accordance with procedures established pursuant to chapters 10A and 17A.
90 Acts, ch 1204, §51
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235 - CHILD WELFARE › Section 235.7 - Transition committees.

235.7 Transition committees.
1. Committees established. The department of human services shall establish and maintain local transition committees to address the transition needs of those children receiving child welfare services who are age sixteen or older and have a case permanency plan as defined in section 232.2. The department shall adopt rules establishing criteria for transition committee membership, operating policies, and basic functions. The rules shall provide flexibility for a committee to adopt protocols and other procedures appropriate for the geographic area addressed by the committee.
2. Membership. The department may authorize the governance boards of decategorization of child welfare and juvenile justice funding projects established under section 232.188 to appoint the transition committee membership and may utilize the boundaries of decategorization projects to establish the service areas for transition committees. The committee membership may include but is not limited to department of human services staff involved with foster care, child welfare, and adult services, juvenile court services staff, staff involved with county general relief under chapter 251 or 252, or a regional administrator of the county mental health and disability services region, as defined in section 331.388, in the area, school district and area education agency staff involved with special education, and a child’s court appointed special advocate, guardian ad litem, service providers, and other persons knowledgeable about the child.
3. Duties. A transition committee shall review and approve the written plan of services required for the child’s case permanency plan in accordance with section 232.2, subsection 4, paragraph “g”, which, based upon an assessment of the child’s needs, would assist the child in preparing for the transition from foster care to adulthood. In addition, a transition committee shall identify and act to address any gaps existing in the services or other support available to meet the child and adult needs of individuals for whom service plans are approved.
2003 Acts, ch 117, §10; 2004 Acts, ch 1090, §33; 2005 Acts, ch 95, §3; 2015 Acts, ch 69, §73
Referred to in §232.2
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235A - CHILD ABUSE › Section 235A.1 - Child abuse prevention program.

235A.1 Child abuse prevention program.
1. a. A program for the prevention of child abuse is established within the state department of human services. Any moneys appropriated by the general assembly for child abuse prevention shall be used by the department of human services solely for the purposes of child abuse prevention and shall not be expended for treatment or other service delivery programs regularly maintained by the department. Moneys appropriated for child abuse prevention shall be used by the department through contract with an agency or organization which shall administer the funds with maximum use of voluntary administrative services for the following:
(1) Matching federal funds to purchase services relating to community-based programs for the prevention of child abuse and neglect.
(2) Funding the establishment or expansion of community-based prevention projects or educational programs for the prevention of child abuse and neglect.
(3) To study and evaluate community-based prevention projects and educational programs for the problems of families and children.
b. Funds for the programs or projects shall be applied for and received by a community-based volunteer coalition or council.
2. The director of human services may accept grants, gifts, and bequests from any source for the purposes designated in subsection 1. The director shall remit funds so received to the treasurer of state who shall deposit them in the general fund of the state for the use of the child abuse prevention program.
[82 Acts, ch 1259, §1]
83 Acts, ch 96, §157, 159; 87 Acts, ch 153, §8; 2009 Acts, ch 41, §263; 2010 Acts, ch 1031, §392
Referred to in §144.13A, 217.3A, 235A.2
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235A - CHILD ABUSE › Section 235A.2 - Child abuse prevention program fund.

235A.2 Child abuse prevention program fund.
1. A child abuse prevention program fund is created in the state treasury under the control of the department of human services. The fund is composed of moneys appropriated or available to and obtained or accepted by the treasurer of state for deposit in the fund. The fund shall include moneys transferred to the fund pursuant to an income tax checkoff provided in chapter 422, subchapter II, if applicable. All interest earned on moneys in the fund shall be credited to and remain in the fund. Section 8.33 does not apply to moneys in the fund.
2. Moneys in the fund that are authorized by the department for expenditure are appropriated, and shall be used, for the purposes described in section 235A.1 of preventing child abuse and neglect.
2008 Acts, ch 1129, §4, 8, 9; 2010 Acts, ch 1193, §158, 163; 2012 Acts, ch 1097, §3, 6; 2020 Acts, ch 1062, §94
Referred to in §422.12K
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235A - CHILD ABUSE › Section 235A.12 - Legislative findings and purposes.

235A.12 Legislative findings and purposes.
1. The general assembly finds and declares that a central registry is required to provide a single source for the statewide collection, maintenance, and dissemination of child abuse information. The existence of the central registry is imperative for increased effectiveness in dealing with the problem of child abuse. The general assembly also finds that vigorous protection of rights of individual privacy is an indispensable element of a fair and effective system of collecting, maintaining, and disseminating child abuse information.
2. The purposes of this section and sections 235A.13 through 235A.24 are to facilitate the identification of victims or potential victims of child abuse by making available a single, statewide source of child abuse data; to facilitate research on child abuse by making available a single, statewide source of child abuse data; and to provide maximum safeguards against the unwarranted invasions of privacy which such a registry might otherwise entail.
[C75, 77, 79, 81, §235A.12]
84 Acts, ch 1035, §1; 2004 Acts, ch 1153, §2
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235A - CHILD ABUSE › Section 235A.14 - Creation and maintenance of a central registry.

235A.14 Creation and maintenance of a central registry.
1. There is created within the state department of human services a central registry for certain child abuse information. The department shall organize and staff the registry and adopt rules for its operation.
2. The registry shall collect, maintain and disseminate child abuse information as provided for by this chapter.
3. The department shall maintain a toll-free telephone line, which shall be available on a twenty-four hour a day, seven-day a week basis and which the department of human services and all other persons may use to report cases of suspected child abuse and that all persons authorized by this chapter may use for obtaining child abuse information.
4. An oral report of suspected child abuse initially made to the central registry shall be immediately transmitted by the department to the appropriate county department of social services or law enforcement agency, or both.
5. The registry, upon receipt of a report of suspected child abuse, shall search the records of the registry, and if the records of the registry reveal any previous report of child abuse involving the same child or any other child in the same family, or if the records reveal any other pertinent information with respect to the same child or any other child in the same family, the appropriate office of the department of human services or law enforcement agency shall be immediately notified of that fact.
6. The central registry shall include report data and disposition data which is subject to placement in the central registry under section 232.71D. The central registry shall not include assessment data.
[C75, 77, 79, 81, §235A.14]
83 Acts, ch 96, §157, 159; 97 Acts, ch 176, §8; 2013 Acts, ch 115, §11, 19
Referred to in §232.68, 235A.12, 279.13, 279.69, 321.375
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235A - CHILD ABUSE › Section 235A.16 - Requests for child abuse information.

235A.16 Requests for child abuse information.
1. Requests for child abuse information shall be in writing on forms prescribed by the department, except as otherwise provided by subsection 2. Request forms shall require information sufficient to demonstrate authorized access.
2. a. Requests for child abuse information may be made orally by telephone where a person making such a request believes that the information is needed immediately and where information sufficient to demonstrate authorized access is provided. In the event that a request is made orally by telephone, a written request form shall nevertheless be filed within seventy-two hours.
b. The department of inspections and appeals may provide access to the single contact repository established under section 135C.33, subsection 7, for criminal and abuse history checks made by those employers, agencies, and other persons that are authorized access to child abuse information under section 235A.15 and are required by law to perform such checks.
3. Subsections 1 and 2 do not apply to child abuse information that is disseminated to an employee of the department of human services, to a juvenile court, or to the attorney representing the department as authorized by section 235A.15.
[C75, 77, 79, 81, §235A.16]
87 Acts, ch 153, §12; 2001 Acts, ch 191, §40
Referred to in §216A.136, 235A.12
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235A - CHILD ABUSE › Section 235A.20 - Civil remedy.

235A.20 Civil remedy.
Any aggrieved person may institute a civil action for damages under chapter 669 or 670 or to restrain the dissemination of child abuse information in violation of this chapter, and any person, agency or other recipient proven to have disseminated or to have requested and received child abuse information in violation of this chapter, or any employee of the department who knowingly destroys assessment data except in accordance with rule as established by the department for retention of child abuse information under section 235A.18 shall be liable for actual damages and exemplary damages for each violation and shall be liable for court costs, expenses, and reasonable attorney’s fees incurred by the party bringing the action. In no case shall the award for damages be less than one hundred dollars.
[C75, 77, 79, 81, §235A.20]
97 Acts, ch 176, §13, 41, 43
Referred to in §235A.12
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235A - CHILD ABUSE › Section 235A.21 - Criminal penalties.

235A.21 Criminal penalties.
1. Any person who willfully requests, obtains, or seeks to obtain child abuse information under false pretenses, or who willfully communicates or seeks to communicate child abuse information to any agency or person except in accordance with sections 235A.15 and 235A.17, or any person connected with any research authorized pursuant to section 235A.15 who willfully falsifies child abuse information or any records relating to child abuse information, or any employee of the department who knowingly destroys assessment data except in accordance with rule as established by the department for retention of child abuse information under section 235A.18 is guilty of a serious misdemeanor. Any person who knowingly, but without criminal purposes, communicates or seeks to communicate child abuse information except in accordance with sections 235A.15 and 235A.17 shall be guilty of a simple misdemeanor.
2. Any reasonable grounds for belief that a person has violated any provision of this chapter shall be grounds for the immediate withdrawal of any authorized access such person might otherwise have to child abuse information.
[C75, 77, 79, 81, §235A.21]
97 Acts, ch 176, §14, 42, 43
Referred to in §235A.12, 235A.17, 235A.19
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235A - CHILD ABUSE › Section 235A.22 - Education program.

235A.22 Education program.
The department of human services shall require an educational program for employees of the department with access to child abuse information on the proper use and control of child abuse information.
[C75, 77, 79, 81, §235A.22]
97 Acts, ch 176, §15
Referred to in §235A.12
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235A - CHILD ABUSE › Section 235A.23 - Reports.

235A.23 Reports.
1. The department of human services may compile statistics, conduct research, and issue reports on child abuse, provided identifying details of the subject of child abuse reports are deleted from any report issued.
2. The department shall issue an annual report on its administrative operation, including information as to the number of requests for child abuse data, the proportion of requests attributable to each type of authorized access, the frequency and nature of irregularities, and other pertinent matters.
[C75, 77, 79, 81, §235A.23]
87 Acts, ch 153, §14; 97 Acts, ch 176, §16
Referred to in §235A.12
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235A - CHILD ABUSE › Section 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.
2000 Acts, ch 1137, §12, 14; 2004 Acts, ch 1153, §8
Referred to in §235A.12, 235A.15
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235B - DEPENDENT ADULT ABUSE SERVICES — INFORMATION REGISTRY › Section 235B.3A - Prevention of additional abuse — notification of rights.

235B.3A Prevention of additional abuse — notification of rights.
If a peace officer has reason to believe that dependent adult abuse, which is criminal in nature, has occurred, the officer shall use all reasonable means to prevent further abuse, including but not limited to any of the following:
1. If requested, remaining on the scene as long as there is a danger to the dependent adult’s physical safety without the presence of a peace officer, including but not limited to staying in the dwelling unit, or if unable to remain at the scene, assisting the dependent adult in leaving the residence and securing support services or emergency shelter services.
2. Assisting the dependent adult in obtaining medical treatment necessitated by the dependent adult abuse, including providing assistance to the dependent adult in obtaining transportation to the emergency room of the nearest hospital.
3. Providing a dependent adult with immediate and adequate notice of the dependent adult’s rights. The notice shall consist of handing the dependent adult a document that includes the telephone numbers of shelters, support groups, and crisis lines operating in the area and contains the following written statement of rights; requesting the dependent adult to read the document; and asking the dependent adult whether the dependent adult understands the rights:
[1] You have the right to ask the court for the following help on a temporary basis:
[a] Keeping the alleged perpetrator away from you, your home, and your place of work.
[b] The right to stay at your home without interference from the alleged perpetrator.
[c] Professional counseling for you, your family, or household members, and the alleged perpetrator of the dependent adult abuse.
[2] If you are in need of medical treatment, you have the right to request that the peace officer present assist you in obtaining transportation to the nearest hospital or otherwise assist you.
[3] If you believe that police protection is needed for your physical safety, you have the right to request that the peace officer present remain at the scene until you and other affected parties can leave or safety is otherwise ensured.
96 Acts, ch 1130, §6; 2009 Acts, ch 133, §87, 88; 2017 Acts, ch 54, §32; 2018 Acts, ch 1026, §71
Similar provisions, §235E.3, 236.12, 236A.13, 709.22
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235B - DEPENDENT ADULT ABUSE SERVICES — INFORMATION REGISTRY › Section 235B.4 - Legislative findings and purposes.

235B.4 Legislative findings and purposes.
1. The general assembly finds and declares that a central registry is required to provide a single source for the statewide collection, maintenance, and dissemination of dependent adult abuse information. Such a registry is imperative for increased effectiveness in dealing with the problem of dependent adult abuse. The general assembly also finds that vigorous protection of rights of individual privacy is an indispensable element of a fair and effective system of collecting, maintaining, and disseminating dependent adult abuse information.
2. The purposes of this section and sections 235B.5 through 235B.13 are to facilitate the identification of victims or potential victims of dependent adult abuse by making available a single, statewide source of dependent adult abuse data; to facilitate research on dependent adult abuse by making available a single, statewide source of dependent adult abuse data; and to provide maximum safeguards against the unwarranted invasions of privacy which such a registry might otherwise entail.
91 Acts, ch 231, §4; 2015 Acts, ch 30, §80
Referred to in §235E.4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235B - DEPENDENT ADULT ABUSE SERVICES — INFORMATION REGISTRY › Section 235B.5 - Creation and maintenance of a central registry.

235B.5 Creation and maintenance of a central registry.
1. There is created within the department a central registry for dependent adult abuse information. The department shall organize and staff the registry and adopt rules for its operation.
2. The registry shall collect, maintain, and disseminate dependent adult abuse information as provided in this chapter.
3. The department shall maintain a toll-free telephone line, which shall be available on a twenty-four-hour-a-day, seven-day-a-week basis and which the department and all other persons may use to report cases of suspected dependent adult abuse and that all persons authorized by this chapter may use for obtaining dependent adult abuse information.
4. An oral report of suspected dependent adult abuse initially made to the central registry shall be immediately transmitted by the department to the appropriate county department of human services or law enforcement agency, or both.
5. An oral report of suspected dependent adult abuse initially made to the central registry regarding a facility or program as defined in section 235E.1 shall be transmitted by the department to the department of inspections and appeals on the first working day following the submitting of the report.
6. The registry, upon receipt of a report of suspected dependent adult abuse, shall search the records of the registry, and if the records of the registry reveal any previous report of dependent adult abuse involving the same adult or if the records reveal any other pertinent information with respect to the same adult, the appropriate office of the department of human services or the appropriate law enforcement agency shall be immediately notified of that fact.
7. The central registry shall include but not be limited to report data, investigation data, and disposition data.
91 Acts, ch 231, §5; 2008 Acts, ch 1093, §7
Referred to in §235B.4, 235E.4, 279.13, 279.69, 321.375
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235B - DEPENDENT ADULT ABUSE SERVICES — INFORMATION REGISTRY › Section 235B.7 - Requests for dependent adult abuse information.

235B.7 Requests for dependent adult abuse information.
1. Requests for dependent adult abuse information shall be in writing on forms prescribed by the department, except as otherwise provided by subsection 2. Request forms shall require information sufficient to demonstrate authorized access.
2. a. Requests for dependent adult abuse information may be made orally by telephone if a person making the request believes that the information is needed immediately and if information sufficient to demonstrate authorized access is provided. If a request is made orally by telephone, a written request form shall be filed within seventy-two hours of the oral request.
b. The department of inspections and appeals may provide access to the single contact repository established under section 135C.33, subsection 7, for criminal and abuse history checks made by those employers, agencies, and other persons that are authorized access to dependent adult abuse information under section 235B.6 and are required by law to perform such checks.
3. Subsections 1 and 2 do not apply to dependent adult abuse information that is disseminated to an employee of the department or to the office of the attorney general as authorized by section 235B.6.
91 Acts, ch 231, §7; 2014 Acts, ch 1107, §13; 2018 Acts, ch 1104, §4, 5
Referred to in §235B.4, 235B.12, 235E.4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235B - DEPENDENT ADULT ABUSE SERVICES — INFORMATION REGISTRY › Section 235B.8 - Redissemination of dependent adult abuse information.

235B.8 Redissemination of dependent adult abuse information.
1. A recipient of dependent adult abuse information authorized to receive the information shall not redisseminate the information, except that redissemination shall be permitted when all of the following conditions apply:
a. The redissemination is for official purposes in connection with prescribed duties or, in the case of a health practitioner, pursuant to professional responsibilities.
b. The person to whom such information would be redisseminated would have independent access to the same information under section 235B.6.
c. A written record is made of the redissemination, including the name of the recipient and the date and purpose of the redissemination.
d. The written record is forwarded to the registry within thirty days of the redissemination.
2. The department may notify, orally, the mandatory reporter in an individual dependent adult abuse case of the results of the case investigation and of the confidentiality provisions of sections 235B.6 and 235B.12. The department shall subsequently transmit a written notice to the mandatory reporter of the results and confidentiality provisions. A copy of the written notice shall be transmitted to the registry and shall be maintained by the registry as provided in section 235B.9.
91 Acts, ch 231, §8
Referred to in §235B.4, 235B.12, 235E.4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 235B - DEPENDENT ADULT ABUSE SERVICES — INFORMATION REGISTRY › Section 235B.9 - Sealing and expungement of dependent adult abuse information.

235B.9 Sealing and expungement of dependent adult abuse information.
1. Dependent adult abuse information which is determined by a preponderance of the evidence to be founded, shall be sealed ten years after the receipt of the initial report of such abuse by the registry unless good cause is shown why the information should remain open to authorized access. If a subsequent report of founded dependent adult abuse involving the adult named in the initial report as the victim of abuse or a person named in such report as having abused an adult is received by the registry within the ten-year period, the information shall be sealed ten years after receipt of the subsequent report unless good cause is shown why the information should remain open to authorized access.
2. a. Dependent adult abuse reports that are rejected for evaluation, assessment, or disposition for failure to meet the definition of dependent adult abuse shall be expunged three years from the rejection date.
b. Dependent adult abuse information which is determined by a preponderance of the evidence to be unfounded shall be expunged five years from the date it is determined to be unfounded.
3. However, if a correction of dependent adult abuse information is requested under section 235B.10 and the issue is not resolved at the end of one year the information shall be retained until the issue is resolved and if the dependent adult abuse information is not determined to be founded, the information shall be expunged one year from the date it is determined to be unfounded.
4. The registry, at least annually, shall review and determine the current status of dependent adult abuse reports which are at least one year old and in connection with which no investigatory report has been filed by the department. If no investigatory report has been filed, the registry shall request the department to file a report. If a report is not filed within ninety days subsequent to a request, the report and relative information shall be sealed and remain sealed unless good cause is shown why the information should remain open to authorized access.
5. Dependent adult abuse information which is determined to be minor, isolated, and unlikely to reoccur shall be expunged five years after the receipt of the initial report by the department. If a subsequent report of dependent adult abuse committed by the caretaker responsible for the act or omission which was the subject of the previous report of dependent adult abuse which the department determined was minor, isolated, and unlikely to reoccur is received by the department within the five-year period, the information shall be sealed ten years after receipt of the subsequent report unless good cause can be shown why the information should remain open to authorized access.
91 Acts, ch 231, §9; 2003 Acts, ch 98, §6; 2007 Acts, ch 159, §16; 2009 Acts, ch 136, §8
Referred to in §235B.4, 235B.8, 235E.4