Iowa Code 233.5 – Confidentiality protections
Current as of: 2024 | Check for updates
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1. a. In addition to any other privacy protection established in law, a record that is developed, acquired, or held in connection with an individual’s good faith effort to voluntarily release a newborn infant in accordance with this chapter and any identifying information concerning the individual shall be kept confidential. Such record shall not be inspected or the contents disclosed except as provided in this section.
b. Any transcripts or recording of a 911 service telephone call that is made for the purpose of an individual’s good faith effort to voluntarily release custody of a newborn infant in accordance with this chapter and any identifying information concerning the individual shall be kept confidential. Such transcripts or recording of a 911 service telephone call shall not be inspected or the contents disclosed except as provided in this section.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Serious misdemeanor | up to 1 year | between $430 and $2,560 |
Terms Used In Iowa Code 233.5
- Court: shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. See Iowa Code 252A.2
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Institution: means a birthing hospital. See Iowa Code 252A.2
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
2. A record described in subsection 1 may be inspected and the contents disclosed without court order to the following:
a. The court and professional court staff, including juvenile court officers.
b. The newborn infant and the newborn infant’s counsel.
c. The newborn infant’s parent, guardian, custodian, and those persons’ counsel.
d. The newborn infant’s court appointed special advocate and guardian ad litem.
e. The county attorney and the county attorney’s assistants.
f. An agency, adoption service provider, association, facility, or institution which has custody of the newborn infant, or is legally responsible for the care, treatment, or supervision of the newborn infant.
g. The newborn infant’s foster parent or an individual providing a prospective adoptive home or preadoptive care to the newborn infant.
3. Pursuant to court order a record described in subsection 1 may be inspected by and the contents may be disclosed to any of the following:
a. A person conducting bona fide research for research purposes under whatever conditions the court may deem proper, provided that no personal identifying data shall be disclosed to such a person.
b. Persons who have a direct interest in a proceeding or in the work of the court.
4. Any person who knowingly discloses, receives, or makes use or permits the use of information derived directly or indirectly from such a record or discloses identifying information concerning such individual, except as provided by this section, commits a serious misdemeanor.