What is considered child abuse in Iowa?
The following actions are child abuse in Iowa: physical abuse, mental injury, sexual abuse, denial of critical care, child prostitution, presence of illegal drugs, knowingly allowing a registered sex offender unsupervised access to a child, and knowingly giving a child obscene material.
What is “denial of critical care?”
Denial of critical care is one of the more common allegations that may result in HHS opening an investigation. Denial of critical care is defined for child abuse as “the failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing, medical or mental health treatment, supervision, or other care necessary for the child’s health and welfare when financially able to do so or when offered financial or other reasonable means to do so.” A simpler way of stating this is to say that the parent or person responsible to care for the child is neglecting that child’s needs. This can include acts such as failing to give a child prescribed medication, leaving a child unsupervised for an extended period of time or placing a child in a dangerous situation by engaging in violent behavior in front of a child. Every situation is unique. For example, leaving a twelve-year-old unattended a few hours will likely be viewed differently than leaving a three-year-old unattended for a few hours.
Who is responsible for investigating child abuse in Iowa?
The Iowa Department of Health and Human Services (HHS) investigates and decides if there is enough evidence to say that a child has been abused. If you believe that a child is being abused, you can report it to HHS. If you submit a report, your name is confidential. HHS will complete an assessment of the situation. If HHS knows where the parents are, then the parents of the child will be told that an assessment is being done, unless a judge decides that telling the parents will be dangerous for the child.
What happens after HHS investigates a report of child abuse?
HHS first decides if they are going to do a child abuse assessment or a family assessment. If they do a family assessment, there is not finding of child abuse and no one is put on the abuse registry. Instead, HHS provides the family services to address needs they have.
If HHS believes the child is at risk they will do a child abuse assessment. After HHS finishes investigating in a child abuse assessment, HHS will send a notice that the assessment was completed to the person suspected of child abuse and the parents or guardians of the child. They will receive a written report called a Child Abuse Assessment Report.
What findings are made in a Child Abuse Assessment Report?
HHS can make one of three findings about the alleged abuse. The alleged abuse can either be:
- Not confirmed – not enough evidence to show that there was child abuse;
- Confirmed (but not placed on the Central Abuse Registry) – evidence shows abuse happened but it was minor and not likely to happen again;
- Founded (confirmed and placed on the Registry) – evidence shows abuse happened and this finding will be put on the abuse registry.
How does it affect me if I am placed on the abuse registry?
If you have a “founded” abuse report on either abuse registry (child abuse or dependent adult abuse), you may not be able to work with children or dependent adults. With both, you may lose your job if you currently work with those groups of people. If you work with children or dependent adults, or if you apply for a job where you would, then the employer has a right to certain abuse information. They can find out if you are on the abuse registry. They must ask you to sign a release for them to check the registry.
What can I do if I do not agree with the finding in the Child Abuse Assessment Report?
If you are the person who is alleged to be responsible for the abuse (or one of them), you can appeal the decision. You must file the appeal within 90 days of the decision. To file an appeal, you need to send a written and signed statement to the DHS Appeals Section, 1305 E Walnut Street, Des Moines, Iowa 50319-0114 (or file an appeal electronically, as explained below). The written statement needs to include the reason you don’t agree with the findings in the Assessment.
You can also appeal the decision electronically. There are online appeal forms, in English and Spanish, available at https://hhs.iowa.gov/programs/appeals/how-appeal.
If you are the subject of the report and believe some information is wrong in a Child Abuse Assessment, you can make a request for correction of the information. This request is made to the local DHS office, whose address will be on the letter that comes with the Assessment. You can only request a correction within 90 days of the decision.
An appeal and a request for correction are different things (but both have a 90 day deadline). If you have any questions, you should contact a private attorney.
Who has access to Child Abuse Assessment Reports?
Child Abuse Assessment Reports are confidential and protected. Only certain people have access to the Reports. The people who have access to the Assessment Report depends on what type of finding is made in the Report. Generally, the parent, guardian, or a custodian of the child will have access. The court, certain agencies, or others may also have access.
How do I get a copy of a Child Abuse Assessment Report if I am an authorized person?
You can request a copy by filling out a “Request for Child and Dependent Adult Abuse Information” form and emailing, faxing, or mailing it to the Central Abuse Registry at the Iowa Department of Health and Human Services. You can get a copy of the form by going to https://hhs.iowa.gov/ and entering 470-3301 in the search box. The email, fax, and mailing address for the Central Abuse Registry are on the top of the first page of the form.
If I am an authorized person or have a copy of a Child Abuse Assessment, can I share it with other people?
No! There are laws about who child abuse information can be shared with. It is a crime to share the information or release the documents to anyone who is not authorized to have access to the information. You can find more information about the rules against releasing or sharing child abuse information on the second page of the “Request for Child and Dependent Adult Abuse Information” form. Please talk to an attorney before you share child abuse information with anyone.