The Unintended Consequences of an Unduly Restrictive, Illegal and Discriminatory Restraint and Other Practices In Iowa Results in 50,000 people on a child abuse register blacklist

In Iowa, it’s far too easy to get on the child abuse registry and far too difficult to get off of the registry.

NYS OCFS had this problem too.  NY’s solution was to shred 25,000 name clearing hearing petitions.  See Story.

Next session, Iowa lawmakers must finally tackle the state’s child abuse registry. They need to ensure it’s not too easy for Iowans to have their names placed on the registry. They need to make sure it’s not too difficult to get names removed. They should start by re-examining the “burden of proof” required to place someone on the list – currently it’s that abuse occurred “more likely than not” compared to the “beyond a reasonable doubt” standard for finding someone guilty in court.

Lawmakers must do all that – as well as figure out how they’re going to respond to a recent Iowa Supreme Court ruling regarding the registry.

Earlier this month, justices ruled the state wrongly placed an Iowa City mother on the list. Identified only as “Jane Doe,” she allowed her child to visit the child’s father, a man who had been abusing the woman. The court found the Iowa Department of Human Services overstepped its legal authority by placing the woman on the registry.

The Iowa Attorney General’s Office quickly asked the court to delay implementation of the ruling, which the court granted. Then on Friday, the office filed a petition asking the court to rehear the case. But if the original ruling stands, it may result in removal of about 28,000 names from the registry.

That has human services officials and child protection advocates concerned. They say the registry – which can be checked by employers – is necessary to prevent people who pose a danger to children from working in jobs where they have access to kids. They say some of the thousands of people who would be removed from the list include those who have committed serious offenses against children.

But Iowans accused of wrongdoing by the state need protection as well. Being on the list can have serious repercussions for people – from not being able to work in a certain profession (teachers, social workers, day-care providers, etc.) to not getting custody of your children in a divorce case. An attorney at Iowa Legal Aid, which represented the Iowa City woman, said the organization regularly hears from Iowans fighting to get their names removed.

Legal Aid and Iowa is now in a bind with it’s own law.  If it’s legal for a reasonable person to place someone in restraint for protection of self and/or others how is it illegal for teachers, and residential treatment providers to do the same.  This is what happens when you have 2 sets of laws and 2 standards.  In other words, it cannot be okay for a student or school resource officer or law enforcement to place a student in restraint even prone restraint, but when  a teacher or social worker does the same under reasonable circumstances it is called child abuse.  To do so is a violation of equal protection and due process.  The law is discriminatory and illegal on its face.

The Register’s editorial board has written repeatedly about problems with this registry.

Last year, we detailed the story of one Iowa man accused by a teenage boy of abuse. The state placed his name on the child abuse registry. He lost his job, had to cash out his retirement savings and eventually declared bankruptcy. It took more than a year before an administrative law judge found the state “to be incorrect” and his name was removed. But the damage to his life had been done.

After his story ran on these pages, numerous Iowans contacted us with similar stories. Lawmakers have heard from people as well.

State Sen. Jack Hatch (D-Des Moines) has heard from constituents who say they remain on the registry when they shouldn’t be there. “The court did something. Now we have to do something,” he said. This is an opportunity to “better understand the impact and unintended consequences” of the registry.

That’s for sure. Because there’s something questionable about having more than 50,000 Iowans blacklisted by the state – more than other states with similar populations. There’s something questionable about being placed on a database that can result in losing your job – before you’ve had the opportunity to make your case to a judge or jury. A registry that is supposed to protect kids also has to ensure adequate safeguards for those accused of wrongdoing. Right now there are many indications it’s not doing that.

Iowa needs to look at it’s laws and ensure that the law is the same for everyone.  Otherwise this is one of the unintended consequences of not having a uniform law for all.

Legislators need to learned that they cannot redistribute rights.

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