Iowa

 
Iowa.jpg
 

The Laws That Should Protect Our Children

Current Civil SOL in a nutshell

SOL vs. perp: +1 year from majority = Age 19 SOL vs. employer: +1 year from majority = Age 19

Majority Tolling: √ – Age 18 Discovery Tolling: √ – Liberal

+4 years from liberal (causal) discovery, where discovery occurs after Minority; +1 year from Minority where causal discovery occurs before Minority. SOL: +4 years from liberal (causal) discovery, where discovery occurs after majority; +1 year from majority where causal discovery occurs before majority.

  1. Iowa Code § 614.8A (“An action for damages for injury suffered as a result of sexual abuse which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority, shall be brought within four years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.”)

a. Tolling only where causal discovery made after majority?

  1. Iowa Code § 614.1(12) “Sexual abuse or sexual exploitation by a counselor, therapist, or school employee. An action for damages for injury suffered as a result of sexual abuse, as defined in section 709.1, by a counselor, therapist, or school employee, as defined in section 709.15, or as a result of sexual exploitation by a counselor, therapist, or school employee shall be brought within five years of the date the victim was last treated by the counselor or therapist, or within five years of the date the victim was last enrolled in or attended the school.”

a. No tolling provision via text of statute?

TOLLING:

  1. Majority, yes. Limited. Iowa Code § 614.8(2) “Except as provided in section 614.1, subsection 9, the times limited for actions in this chapter, or chapter 216, 669, or 670, except those brought for penalties and forfeitures, are extended in favor of minors, so that they shall have one year from and after attainment of majority within which to file a complaint pursuant to chapter 216, to make a claim pursuant to chapter 669, or to otherwise commence an action.”

a. It says 1 year to commence an action post majority, not tolled to majority.

  1. Discovery, yes, liberal. Iowa Code § 614.8A (“An action for damages for injury suffered as a result of sexual abuse which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority, shall be brought within four years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.”)

Current Criminal SOL in a nutshell

Age 28 or +3 years from identification DNA profile, whichever is later for 1st, 2nd, and 3rd degree sexual abuse; incest; and sex exploitation by counselor, school employee, or therapist. (Current SOL enacted in 2000)

10+ years from victim’s 18th birthday (or +3 years from identification DNA profile, whichever is later) for 1st, 2nd, and 3rd degree sexual abuse, incest, and sex exploitation by counselor, school employee, or therapist. Iowa Code § 802.2 (1); Iowa Code § 802.2A(1)-(2).

Iowa Code § 802.2 (1) (“An information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under the age of eighteen years shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.”

Iowa Code § 802.2 (3) (“As used in this section, “identified” means a person’s legal name is known and the person has been determined to be the source of the DNA.”)

802.2A Incest — sexual exploitation by a counselor, therapist, or school employee.

(“1. An information or indictment for incest under section 726.2 committed on or with a person who is under the age of eighteen shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age. An information or indictment for any other incest shall be found within ten years after its commission. 2. An indictment or information for sexual exploitation by a counselor, therapist, or school employee under section 709.15 committed on or with a person who is under the age of eighteen shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age. An information or indictment for any other sexual exploitation shall be found within ten years of the date the victim was last treated by the counselor or therapist, or within ten years of the date the victim was enrolled in or attended the school.”)

Age of Majority: 18, unless you are convicted as an adult or married before 18. See, Iowa Code Ann. § 599.1.
Age of Consent: 14. See, Iowa Code Ann. §§ 702.5; 709.4.

Age of Marriage with Parental Consent: 16 with judicial consent.
Age of Marriage without Parental Consent: 18.
See, Iowa Code Ann. § 595.2.


Medical Neglect Statute

CIVIL MEDICAL NEGLECT STATUTE

[A] parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child. . . . Iowa Code §232.68(d)

On handicapped children in the schools. No provision of this chapter shall be construed to require or compel any person who is a member of a well-recognized church or religious denomination and whose religious convictions, in accordance with the tenets or principles of the person’s church or religious denomination, are opposed to medical or surgical treatment for disease to take or follow a course of physical therapy, or submit to medical treatment, nor shall any parent or guardian who is a member of such church or religious denomination and who has such religious convictions be required to enroll a child in any course or instruction which utilizes medical or surgical treatment for disease. Iowa Code §256B.8 third unnumbered paragraph (The term “person” includes children of any age enrolled in the school system.)

CRIMINAL MEDICAL NEGLECT STATUTE

IOWA defense to felony child endangerment and manslaughter The failure of a parent, guardian or person having custody or control over a child to provide specific medical treatment shall not for that reason alone be considered willful deprivation of health care if the person can show that such treatment would conflict with the tenets and practice of a recognized religious denomination of which the person is an adherent or member. Iowa Code §726.6(d)

Note: The above becomes a defense to first-degree manslaughter as well because the latter at Iowa Code §707.5 requires the prosecutor to prove that “a public offense” has been committed and endangerment is the only crime relevant to medical neglect.


Religous Liberty Statute

Religious liberty statute that could put children at risk

No law as of January 2017.