Bill Text: IA HF543 | 2017-2018 | 87th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

House File 543 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON HUMAN
                                     RESOURCES

                                 (SUCCESSOR TO HF 276)

                                      A BILL FOR

  1 An Act relating to child in need of assistance and child abuse
  2    cases involving certain drugs and other substances.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2018HV (2) 87
    rh/rj

PAG LIN



  1  1    Section 1.  Section 232.2, subsection 6, paragraph p, Code
  1  2 2017, is amended to read as follows:
  1  3    p.  Whose parent, guardian, or custodian, or other adult
  1  4 member of the household in which a child resides does any
  1  5 of the following:  unlawfully uses, possesses, manufactures,
  1  6 cultivates, or distributes a dangerous substance in the
  1  7 presence of a child,; or knowingly allows such use, possession,
  1  8  manufacture, cultivation, or distribution by another person
  1  9 in the presence of a child,; or in the presence of a child
  1 10  possesses a product containing ephedrine, its salts, optical
  1 11 isomers, salts of optical isomers, or pseudoephedrine, its
  1 12 salts, optical isomers, salts of optical isomers, with the
  1 13 intent to use the product as a precursor or an intermediary to
  1 14 a dangerous substance in the presence of a child; or unlawfully
  1 15 uses, possesses, manufactures, cultivates, or distributes a
  1 16 dangerous substance specified in subparagraph (2), subparagraph
  1 17 division (a), (b), or (c), in a child's home, on the premises,
  1 18 or in a motor vehicle located on the premises.
  1 19    (1)  For the purposes of this paragraph, "in the presence
  1 20 of a child" means in the physical presence of a child during
  1 21 the manufacture or possession, the manufacture or possession
  1 22 occurred in a child's home, on the premises, or in a motor
  1 23 vehicle located on the premises, or the manufacture or
  1 24 possession occurred or occurring under other circumstances
  1 25 in which a reasonably prudent person would know that the
  1 26 use, possession, manufacture or possession, cultivation, or
  1 27 distribution may be seen, smelled, ingested, or heard by a
  1 28 child.
  1 29    (2)  For the purposes of this paragraph, "dangerous
  1 30 substance" means any of the following:
  1 31    (a)  Amphetamine, its salts, isomers, or salts of its
  1 32 isomers.
  1 33    (b)  Methamphetamine, its salts, isomers, or salts of its
  1 34 isomers.
  1 35    (c)  A chemical or combination of chemicals that poses a
  2  1 reasonable risk of causing an explosion, fire, or other danger
  2  2 to the life or health of persons who are in the vicinity while
  2  3 the chemical or combination of chemicals is used or is intended
  2  4 to be used in any of the following:
  2  5    (i)  The process of manufacturing an illegal or controlled
  2  6 substance.
  2  7    (ii)  As a precursor in the manufacturing of an illegal or
  2  8 controlled substance.
  2  9    (iii)  As an intermediary in the manufacturing of an illegal
  2 10 or controlled substance.
  2 11    (d)  Cocaine, its salts, isomers, salts of its isomers, or
  2 12 derivatives.
  2 13    (e)  Heroin, its salts, isomers, salts of its isomers, or
  2 14 derivatives.
  2 15    (f)  Opium and opiate, and any salt, compound, derivative, or
  2 16 preparation of opium or opiate.
  2 17    Sec. 2.  Section 232.68, subsection 2, paragraph a,
  2 18 subparagraph (7), Code 2017, is amended to read as follows:
  2 19    (7)  The person responsible for the care of a child has,
  2 20 in the presence of the a child, as defined in section 232.2,
  2 21 subsection 6, paragraph "p", manufactured unlawfully uses,
  2 22 possesses, manufactures, cultivates, or distributes a dangerous
  2 23 substance, as defined in section 232.2, subsection 6, paragraph
  2 24 "p", or in the presence of the child knowingly allows such
  2 25 use, possession, manufacture, cultivation, or distribution
  2 26 by another person in the presence of a child; possesses a
  2 27 product containing ephedrine, its salts, optical isomers, salts
  2 28 of optical isomers, or pseudoephedrine, its salts, optical
  2 29 isomers, salts of optical isomers, with the intent to use
  2 30 the product as a precursor or an intermediary to a dangerous
  2 31 substance in the presence of a child; or unlawfully uses,
  2 32 possesses, manufactures, cultivates, or distributes a dangerous
  2 33 substance specified in section 232.2, subsection 6, paragraph
  2 34 "p", subparagraph (2), subparagraph division (a), (b), or (c),
  2 35 in a child's home, on the premises, or in a motor vehicle
  3  1 located on the premises.
  3  2    Sec. 3.  Section 232.77, subsection 2, Code 2017, is amended
  3  3 to read as follows:
  3  4    2.  a.  If a health practitioner discovers in a child
  3  5 physical or behavioral symptoms of the effects of exposure
  3  6 to cocaine, heroin, amphetamine, methamphetamine, or other
  3  7 illegal drugs, or combinations or derivatives thereof, which
  3  8 were not prescribed by a health practitioner, or if the health
  3  9 practitioner has determined through examination of the natural
  3 10 mother of the child that the child was exposed in utero, the
  3 11 health practitioner may perform or cause to be performed a
  3 12 medically relevant test, as defined in section 232.73, on the
  3 13 child. The practitioner shall report any positive results of
  3 14 such a test on the child to the department. The department
  3 15 shall begin an assessment pursuant to section 232.71B upon
  3 16 receipt of such a report. A positive test result obtained
  3 17 prior to the birth of a child shall not be used for the criminal
  3 18 prosecution of a parent for acts and omissions resulting in
  3 19 intrauterine exposure of the child to an illegal drug.
  3 20    b.  If a health practitioner involved in the delivery or
  3 21 care of a newborn or infant discovers in the newborn or infant
  3 22 physical or behavioral symptoms that are consistent with the
  3 23 effects of prenatal drug exposure or a fetal alcohol spectrum
  3 24 disorder, the health practitioner shall report such information
  3 25 to the department in a manner prescribed by rule of the
  3 26 department.
  3 27                           EXPLANATION
  3 28 The inclusion of this explanation does not constitute agreement with
  3 29 the explanation's substance by the members of the general assembly.
  3 30    This bill relates to certain drugs and other substances and
  3 31 child in need of assistance and child abuse cases.
  3 32    The bill amends the definition of a child in need of
  3 33 assistance to provide that an unmarried child whose parent,
  3 34 guardian, custodian, or other adult member of the child's
  3 35 household unlawfully uses, possesses, manufactures, cultivates,
  4  1 or distributes a dangerous substance in the presence of a child
  4  2 or knowingly allows such activities by another person in the
  4  3 presence of a child; possesses a product with the intent to use
  4  4 the product as a precursor or an intermediary to a dangerous
  4  5 substance in the presence of a child; or unlawfully uses,
  4  6 possesses, manufactures, cultivates, or distributes a dangerous
  4  7 substance that is an amphetamine, a methamphetamine, or a
  4  8 chemical or chemicals that pose a reasonable risk of causing a
  4  9 fire or explosion in a child's home, on the premises, or in a
  4 10 motor vehicle located on the premises, may be the subject of a
  4 11 child in need of assistance petition.
  4 12    The bill amends the definition of child abuse to provide that
  4 13 a person responsible for the care of a child who unlawfully
  4 14 uses, possesses, manufactures, cultivates, or distributes a
  4 15 dangerous substance in the presence of a child or knowingly
  4 16 allows such activities by another person in the presence of a
  4 17 child; possesses a product with the intent to use the product
  4 18 as a precursor or an intermediary to a dangerous substance
  4 19 in the presence of a child; or unlawfully uses, possesses,
  4 20 manufactures, cultivates, or distributes a dangerous substance
  4 21 that is an amphetamine, a methamphetamine, or a chemical or
  4 22 chemicals that pose a reasonable risk of causing a fire or
  4 23 explosion in a child's home, on the premises, or in a motor
  4 24 vehicle located on the premises may be the subject of an
  4 25 allegation of child abuse.
  4 26    The bill amends the definitions of "in the presence of a
  4 27 child" and "dangerous substance" for purposes of both child
  4 28 in need of assistance and child abuse definitions.  "In
  4 29 the presence of a child" means in the physical presence of
  4 30 a child or occurring under other circumstances in which a
  4 31 reasonably prudent person would know that the use, possession,
  4 32 manufacture, cultivation, or distribution may be seen,
  4 33 smelled, ingested, or heard by a child.  The bill includes
  4 34 cocaine, heroin, and opium or opiates in the list of dangerous
  4 35 substances.
  5  1 The bill requires a health practitioner involved in the
  5  2 delivery or care of a newborn or infant, who discovers in the
  5  3 newborn or infant physical or behavioral symptoms that are
  5  4 consistent with the effects of prenatal drug exposure or a
  5  5 fetal alcohol spectrum disorder, to report such information
  5  6 to the department of human services in a manner prescribed by
  5  7 rule of the department. "Health practitioner" is defined in
  5  8 Code section 232.2 to mean a licensed physician or surgeon,
  5  9 osteopathic physician or surgeon, dentist, optometrist,
  5 10 podiatric physician, or chiropractor, a resident or intern
  5 11 of any such profession, and any registered nurse or licensed
  5 12 practical nurse.  This reporting requirement is required under
  5 13 the federal Child Abuse Prevention and Treatment Act (CAPTA).
       LSB 2018HV (2) 87
       rh/rj