IOWA
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
“Citation: Ann. Stat. §§ 232.69; 728.14
The following persons are required to report:
• Health practitioners
• Social workers or psychologists
• School employees, certified paraeducators, coaches, or instructors employed by community colleges
• Employees or operators of health-care facilities, child care centers, Head Start programs, family development and selfsufficiency grant programs, substance abuse programs or facilities, juvenile detention or juvenile shelter care facilities, foster
care facilities, or mental health centers
• Employees of Department of Human Services institutions
• Peace officers, counselors, or mental health professionals
• Employees, operators, owners, or other persons who perform duties for certified children’s residential facilities
• Commercial film and photographic print processors”
Other persons required to report
“Citation: Ann. Stat. § 232.69
Any other person who believes that a child has been abused may report.”
Institutional responsibility to report
“Citation: Ann. Stat. §§ 232.70; 232.73A
The employer or supervisor of a person who is a mandatory or permissive reporter shall not apply a policy, work rule, or other
requirement that interferes with the person making a report of child abuse.
An employer shall not take retaliatory action against an employee as a reprisal for the employee’s participation in good faith in
making a report, photograph, or x-ray; in the performance of a medically relevant test pursuant to this chapter; or in aiding and
assisting in an assessment of a child abuse report. This section does not apply to a disclosure of information that is prohibited by
statute.
For purposes of this section, ‘retaliatory action’ includes, but is not limited to, an employer’s action to discharge an employee or to
take or fail to take action regarding an employee’s appointment or proposed appointment to a position in employment, to take or
fail to take action regarding an employee’s promotion or proposed promotion to a position in employment, or to fail to provide an
advantage in a position in employment.
This section may be enforced through a civil action, as follows:
• A person who violates this section is liable to an aggrieved employee for affirmative relief, including reinstatement, with or
without back pay, or any other equitable relief the court deems appropriate, including attorney fees and costs.
• When a person commits, is committing, or proposes to commit an act in violation of this section, an injunction may be granted through an action in district court to prohibit the person from continuing such acts. The action for injunctive relief may be brought by an aggrieved employee or the county attorney.”
WHAT ARE THEY REQUIRED TO REPORT
“Citation: Ann. Stat. §§ 232.69; 728.14
A report is required when either of the following apply:
• A reporter, in the scope of his or her professional practice or employment responsibilities, reasonably believes that a child has been abused.
• A commercial film and photographic print processor has knowledge of or observes a visual depiction of a minor engaged in a prohibited sexual act or in the simulation of a prohibited sexual act.”
PENALTIES FOR FAILING TO REPORT
“Failure to Report
Citation: Ann. Stat. § 232.75(1)-(2)
Any person, official, agency, or institution required to report a suspected case of child abuse who knowingly and willfully fails to do so is guilty of a simple misdemeanor.
Any person, official, agency, or institution required by § 232.69 to report a suspected case of child abuse who knowingly fails to do so, or who knowingly interferes with the making of such a report in violation of § 232.70, is civilly liable for the damages proximately caused by such failure or interference.”
PENALTIES FOR FALSE REPORTING
“False Reporting
Citation: Ann. Stat. §§ 232.75(3); 232.71B
A person who reports or causes to be reported to the Department of Human Services false information regarding an alleged act of child abuse, knowing that the information is false or that the act did not occur, commits a simple misdemeanor.
If the department receives more than three reports that identify the same child as a victim of child abuse or the same person as the alleged abuser of a child, or which were made by the same person, and the department determined the reports to be entirely false or without merit, the department shall provide information concerning the reports to the county attorney for consideration of criminal charges under § 232.75(3).”
PRIVILEGED COMMUNICATIONS
“Citation: Ann. Stat. § 232.74
The husband-wife or health practitioner-patient privilege does not apply to evidence regarding abuse to a child.”
REPORTER’S IDENTITY
“Inclusion of Reporter’s Name in Report
Citation: Ann. Stat. § 232.70
The report shall contain the name and address of the person making the report.
Disclosure of Reporter Identity
Citation: Ann. Stat. § 232.71B
A person named in a report shall be informed of the complaint or allegation made regarding the person. The person shall be
informed in a manner that protects the confidentiality rights of the individual who reported the child abuse or provided information as part of the assessment process.”