DES MOINES, Iowa (AP) - The Iowa Public Information Board has voted against the release of a video that officials said shows a former state worker physically abusing a 17-year-old girl at the now-closed Iowa Juvenile Home.
The board decided the video constitutes a medical record and must be kept confidential, according to The Des Moines Register (https://dmreg.co/1hoRovL ).
Officials have denied the newspaper’s public records request for the video for six months, saying state law allows it to be kept confidential because it involves information about treatment of a specific individual. The Register, which wanted a copy of the video with the image of the girl’s face blurred, argued the video showed abuse, not treatment of a juvenile.
One of the state employees shown in the video was later fired and requested unemployment benefits. Based on testimony related to that request, the Register reported the video allegedly showed employees of the Iowa Juvenile Home in Toledo dragging a 17-year-old girl down a hall as her pants slipped down her legs. She was left in an isolation cell.
In voting 6-3 not to release the video, board members said they feared making it public would violate state and federal confidentiality laws.
Diane Stahle, an attorney for the state, said releasing the video could jeopardize millions of dollars in federal funding for Iowa.
Board Executive Director Keith Luchtel said the release also could hurt state funding of the board because some might see it as the panel making its own law.
“There would be legislative leaders that would take great offense if you were to somehow decide their statute protecting the confidentiality of people receiving assistance from DHS could be abrogated by you,” Luchtel told the board.
Board member Kathleen Richardson, who was among those voting to release the video, objected to the argument that the panel would be making its own laws.
“I’m offended by the insinuation that if we do find that this is a public record that should be released, that we’ve run amok and that we’ve run contrary to legislative intent because I don’t think that’s the case,” Richardson said.
The juvenile home came under intense criticism after the Register published a series of stories beginning last summer about questionable treatment of teenagers, including use of isolation cells and a lack of educational opportunities. The home was closed in January by order of Gov. Terry Branstad, but that move has been challenged in court by Democratic legislators and a union official. The Iowa Senate also has approved a bill calling for the state to open a state-run facility for delinquent girls.
Register Editor Amalie Nash expressed disappointment at the ruling and said the media company was considering its options.
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Information from: The Des Moines Register, https://www.desmoinesregister.com
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