Bill Text: IA HF543 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to child in need of assistance and child abuse cases involving certain drugs and other substances. (Formerly HF 276.) Effective 7-1-17.
Spectrum: Committee Bill
Status: (Passed) 2017-04-20 - Signed by Governor. H.J. 1115. [HF543 Detail]
Download: Iowa-2017-HF543-Enrolled.html
House File 543 - Enrolled
HOUSE FILE
BY COMMITTEE ON HUMAN
RESOURCES
(SUCCESSOR TO HF 276)
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A BILL FOR
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House File 543
AN ACT
RELATING TO CHILD IN NEED OF ASSISTANCE AND CHILD ABUSE
CASES INVOLVING CERTAIN DRUGS AND OTHER SUBSTANCES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 232.2, subsection 6, paragraph p, Code
2017, is amended to read as follows:
p. Whose parent, guardian, or custodian, or other adult
member of the household in which a child resides does any
of the following: unlawfully uses, possesses, manufactures,
cultivates, or distributes a dangerous substance in the
presence of a child,; or knowingly allows such use, possession,
manufacture, cultivation, or distribution by another person
in the presence of a child,; or in the presence of a child
possesses a product containing ephedrine, its salts, optical
isomers, salts of optical isomers, or pseudoephedrine, its
salts, optical isomers, salts of optical isomers, with the
intent to use the product as a precursor or an intermediary to
a dangerous substance in the presence of a child; or unlawfully
uses, possesses, manufactures, cultivates, or distributes a
dangerous substance specified in subparagraph (2), subparagraph
division (a), (b), or (c), in a child's home, on the premises,
or in a motor vehicle located on the premises.
(1) For the purposes of this paragraph, "in the presence
of a child" means in the physical presence of a child during
the manufacture or possession, the manufacture or possession
occurred in a child's home, on the premises, or in a motor
vehicle located on the premises, or the manufacture or
possession occurred or occurring under other circumstances
in which a reasonably prudent person would know that the
use, possession, manufacture or possession, cultivation, or
distribution may be seen, smelled, ingested, or heard by a
child.
(2) For the purposes of this paragraph, "dangerous
substance" means any of the following:
(a) Amphetamine, its salts, isomers, or salts of its
isomers.
(b) Methamphetamine, its salts, isomers, or salts of its
isomers.
(c) A chemical or combination of chemicals that poses a
reasonable risk of causing an explosion, fire, or other danger
to the life or health of persons who are in the vicinity while
the chemical or combination of chemicals is used or is intended
to be used in any of the following:
(i) The process of manufacturing an illegal or controlled
substance.
(ii) As a precursor in the manufacturing of an illegal or
controlled substance.
(iii) As an intermediary in the manufacturing of an illegal
or controlled substance.
(d) Cocaine, its salts, isomers, salts of its isomers, or
derivatives.
(e) Heroin, its salts, isomers, salts of its isomers, or
derivatives.
(f) Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate.
Sec. 2. Section 232.68, subsection 2, paragraph a,
subparagraph (7), Code 2017, is amended to read as follows:
(7) The person responsible for the care of a child has,
in the presence of the a child, as defined in section 232.2,
subsection 6, paragraph "p", manufactured unlawfully uses,
possesses, manufactures, cultivates, or distributes a dangerous
substance, as defined in section 232.2, subsection 6, paragraph
"p", or in the presence of the child knowingly allows such
use, possession, manufacture, cultivation, or distribution
by another person in the presence of a child; possesses a
product containing ephedrine, its salts, optical isomers, salts
of optical isomers, or pseudoephedrine, its salts, optical
isomers, salts of optical isomers, with the intent to use
the product as a precursor or an intermediary to a dangerous
substance in the presence of a child; or unlawfully uses,
possesses, manufactures, cultivates, or distributes a dangerous
substance specified in section 232.2, subsection 6, paragraph
"p", subparagraph (2), subparagraph division (a), (b), or (c),
in a child's home, on the premises, or in a motor vehicle
located on the premises.
Sec. 3. Section 232.77, subsection 2, Code 2017, is amended
to read as follows:
2. a. If a health practitioner discovers in a child
physical or behavioral symptoms of the effects of exposure
to cocaine, heroin, amphetamine, methamphetamine, or other
illegal drugs, or combinations or derivatives thereof, which
were not prescribed by a health practitioner, or if the health
practitioner has determined through examination of the natural
mother of the child that the child was exposed in utero, the
health practitioner may perform or cause to be performed a
medically relevant test, as defined in section 232.73, on the
child. The practitioner shall report any positive results of
such a test on the child to the department. The department
shall begin an assessment pursuant to section 232.71B upon
receipt of such a report. A positive test result obtained
prior to the birth of a child shall not be used for the criminal
prosecution of a parent for acts and omissions resulting in
intrauterine exposure of the child to an illegal drug.
b. If a health practitioner involved in the delivery or
care of a newborn or infant discovers in the newborn or infant
physical or behavioral symptoms that are consistent with the
effects of prenatal drug exposure or a fetal alcohol spectrum
disorder, the health practitioner shall report such information
to the department in a manner prescribed by rule of the
department.
LINDA UPMEYER
JACK WHITVER
CARMINE BOAL
TERRY E. BRANSTA
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