Bill Text: IA SF2165 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to a child in need of assistance and child abuse and a drug-endangered child.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-15 - Subcommittee, Allen, Segebart, and Taylor. S.J. 229. [SF2165 Detail]
Download: Iowa-2015-SF2165-Introduced.html
Senate File 2165 - Introduced SENATE FILE BY ALLEN A BILL FOR 1 An Act relating to a child in need of assistance and child 2 abuse and a drug=endangered child. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5518SS (6) 86 rh/nh PAG LIN 1 1 Section 1. Section 232.2, subsection 6, paragraph o, Code 1 2 2016, is amended by striking the paragraph and inserting in 1 3 lieu thereof the following: 1 4 o. Who is a drug=endangered child as the result of the acts 1 5 or omissions of the child's parent, guardian, or custodian, or 1 6 a person responsible for the care of the child as defined in 1 7 section 232.68. 1 8 Sec. 2. Section 232.2, Code 2016, is amended by adding the 1 9 following new subsection: 1 10 NEW SUBSECTION. 19A. "Drug=endangered child" means any of 1 11 the following: 1 12 a. (1) A child whose health, safety, or welfare is 1 13 endangered or threatened as a result of any controlled 1 14 substance activity in the presence of the child. 1 15 (2) For purposes of this paragraph "a": 1 16 (a) "Controlled substance activity" means the use, 1 17 possession, distribution, cultivation, or manufacture, or 1 18 the attempted use, possession, distribution, cultivation, or 1 19 manufacture of a controlled substance as defined in section 1 20 124.101, subsection 5. 1 21 (b) "In the presence of the child" means but is not limited 1 22 to any of the following: 1 23 (i) When the child is physically present during the 1 24 controlled substance activity. 1 25 (ii) When the controlled substance activity is conducted in 1 26 the child's home. 1 27 (iii) When the controlled substance activity is conducted 1 28 on the premises, or in any building, structure, room, motor 1 29 vehicle, or property located on the premises where the child is 1 30 found or can reasonably be expected to be found. 1 31 (iv) When the controlled substance activity occurs under 1 32 circumstances in which a reasonably prudent person would know 1 33 that the controlled substance activity may be seen, smelled, 1 34 or heard by the child. 1 35 (v) When the controlled substance activity by the child's 2 1 parent, guardian, or custodian, or a person responsible for 2 2 the care of the child, as defined in section 232.68, results 2 3 in the child's parent, guardian, or custodian, or the person 2 4 responsible for the care of the child not being able to provide 2 5 adequate supervision, care, or a safe and nurturing environment 2 6 for the child. 2 7 b. A child who tests positive at birth for any controlled 2 8 substance as defined in section 124.101, subsection 5, unless 2 9 the child tests positive for a controlled substance that is the 2 10 result of the biological mother's lawful and legal intake of 2 11 such substance as prescribed or otherwise administered by a 2 12 licensed health care provider. 2 13 c. A child who tests positive for any controlled substance 2 14 as defined in section 124.101, subsection 5, as a direct result 2 15 of an act or omission of the child's parent, guardian, or 2 16 custodian, unless the child tests positive for a controlled 2 17 substance that is the result of the child's lawful and 2 18 legal intake of such substance as prescribed or otherwise 2 19 administered by a licensed health care provider. 2 20 Sec. 3. Section 232.68, subsection 2, paragraph a, 2 21 subparagraph (6), Code 2016, is amended by striking the 2 22 subparagraph and inserting in lieu thereof the following: 2 23 (6) A child is a drug=endangered child as the result of the 2 24 acts or omissions of a person responsible for the care of a 2 25 child. 2 26 Sec. 4. Section 232.68, Code 2016, is amended by adding the 2 27 following new subsection: 2 28 NEW SUBSECTION. 5A. "Drug=endangered child" means any of 2 29 the following: 2 30 a. (1) A child whose health, safety, or welfare is 2 31 endangered or threatened as a result of any controlled 2 32 substance activity in the presence of the child. 2 33 (2) For purposes of this paragraph "a": 2 34 (a) "Controlled substance activity" means the use, 2 35 possession, distribution, cultivation, or manufacture, or 3 1 the attempted use, possession, distribution, cultivation, or 3 2 manufacture of a controlled substance as defined in section 3 3 124.101, subsection 5. 3 4 (b) "In the presence of the child" means but is not limited 3 5 to any of the following: 3 6 (i) When a child is physically present during the controlled 3 7 substance activity. 3 8 (ii) When the controlled substance activity is conducted in 3 9 the child's home. 3 10 (iii) When the controlled substance activity is conducted 3 11 on the premises, or in any building, structure, room, motor 3 12 vehicle, or property located on the premises where a child is 3 13 found or can reasonably be expected to be found. 3 14 (iv) When the controlled substance activity occurs under 3 15 circumstances in which a reasonably prudent person would know 3 16 that the controlled substance activity may be seen, smelled, or 3 17 heard by a child. 3 18 (v) When the controlled substance activity by a person 3 19 responsible for the care of a child results in the person not 3 20 being able to provide adequate supervision, care, or a safe and 3 21 nurturing environment for the child. 3 22 b. A child who tests positive at birth for any controlled 3 23 substance as defined in section 124.101, subsection 5, unless 3 24 the child tests positive for a controlled substance that is the 3 25 result of the biological mother's lawful and legal intake of 3 26 such substance as prescribed or otherwise administered by a 3 27 licensed health care provider. 3 28 c. A child who tests positive for any controlled substance 3 29 as defined in section 124.101, subsection 5, as a direct 3 30 result of an act or omission of a person responsible for 3 31 the care of a child, unless the child tests positive for a 3 32 controlled substance that is the result of the child's lawful 3 33 and legal intake of such substance as prescribed or otherwise 3 34 administered by a licensed health care provider. 3 35 Sec. 5. Section 232.68, subsection 8, Code 2016, is amended 4 1 by adding the following new paragraph: 4 2 NEW PARAGRAPH. e. Any person who exercises control or 4 3 supervision of a child. 4 4 Sec. 6. Section 232.71B, subsection 3, Code 2016, is amended 4 5 to read as follows: 4 6 3. Involvement of law enforcement. 4 7 a. The department shall apply protocols, developed with the 4 8 local child protection assistance team established pursuant to 4 9 section 915.35, to prioritize the actions taken in response 4 10 to a child abuse assessment and shall work jointly with child 4 11 protection assistance teams and law enforcement agencies in 4 12 performing assessment and investigative processes for child 4 13 abuse assessments in which a criminal act harming a child is 4 14 alleged. The county attorney and appropriate law enforcement 4 15 agencies shall also take any other lawful action which may be 4 16 necessary or advisable for the protection of the child. If a 4 17 report is determined not to constitute a child abuse allegation 4 18 or if the child abuse report is accepted but assessed under 4 19 the family assessment, but a criminal act harming a child is 4 20 alleged, the department shall immediately refer the matter to 4 21 the appropriate law enforcement agency. 4 22 b. The department shall provide written or verbal 4 23 notification to the appropriate law enforcement agency if the 4 24 department determines that a child is a drug=endangered child. 4 25 The appropriate law enforcement agency shall determine whether 4 26 a removal of the child pursuant to section 232.79 is necessary 4 27 or whether a criminal investigation should be conducted. A 4 28 law enforcement agency receiving a referral or notification 4 29 pursuant to this paragraph shall provide the department and the 4 30 county attorney with a copy of the written report of any law 4 31 enforcement investigation resulting from the referral. 4 32 Sec. 7. Section 232.107, Code 2016, is amended to read as 4 33 follows: 4 34 232.107 Parent visitation. 4 35 If a child is removed from the child's home in accordance 5 1 with an order entered under this division based upon evidence 5 2 indicating thepresence of an illegal drug in the child's 5 3 bodychild is a drug=endangered child, unless the court finds 5 4 that substantial evidence exists to believe that reasonable 5 5 visitation or supervised visitation would cause an imminent 5 6 risk to the child's life or health, the order shall allow the 5 7 child's parent reasonable visitation or supervised visitation 5 8 with the child. 5 9 EXPLANATION 5 10 The inclusion of this explanation does not constitute agreement with 5 11 the explanation's substance by the members of the general assembly. 5 12 This bill relates to a child in need of assistance and child 5 13 abuse and a drug=endangered child. 5 14 The bill amends the definition of "child in need of 5 15 assistance" and "child abuse" in Code chapter 232 (juvenile 5 16 justice) by replacing current provisions relating to the 5 17 presence of an illegal drug in a child's body due to the acts 5 18 or omissions of a child's parent, guardian, or custodian or 5 19 a person responsible for the care of a child with provisions 5 20 that "child in need of assistance" and "child abuse" include 5 21 a child who is a drug=endangered child as a result of the acts 5 22 or omissions of a parent, guardian, or custodian or a person 5 23 responsible for the care of the child. The bill requires 5 24 the department of human services to commence a child abuse 5 25 assessment when a child abuse report accepted by the department 5 26 alleges that a child is a drug=endangered child, as defined in 5 27 the bill. 5 28 "Drug=endangered child" is defined as any of the following: 5 29 (1) a child whose health, safety, or welfare is endangered or 5 30 threatened as a result of any controlled substance activity, 5 31 as defined in the bill, in the presence of the child, (2) a 5 32 child who tests positive at birth for any controlled substance, 5 33 unless as a result of the biological mother's lawful and 5 34 legal intake of such substance as prescribed or otherwise 5 35 administered by a health care provider, or (3) a child who 6 1 tests positive for any controlled substance as a direct result 6 2 of acts or omissions of a person responsible for the care 6 3 of a child, unless as a result of the child's lawful and 6 4 legal intake of such substance as prescribed or otherwise 6 5 administered by a health care provider. 6 6 The bill includes any person who exercises control 6 7 or supervision of a child in the definition of a person 6 8 responsible for the care of a child. 6 9 The bill requires the department to provide written or 6 10 verbal notification to the appropriate law enforcement agency 6 11 if the department determines that a child is a drug=endangered 6 12 child. The appropriate law enforcement agency is required to 6 13 determine whether a removal of the child from the custody of 6 14 the child's parent, guardian, or custodian is necessary or 6 15 whether a criminal investigation should be conducted. A law 6 16 enforcement agency receiving a referral or notification shall 6 17 provide the department and the county attorney with a copy 6 18 of the written report of any law enforcement investigation 6 19 resulting from the referral. 6 20 Under current law, if the department determines a child 6 21 abuse report constitutes a child abuse allegation, the 6 22 department is required to promptly commence either a child 6 23 abuse assessment within 24 hours of receiving the report or 6 24 a family assessment within 72 hours of receiving the report, 6 25 depending on the circumstances of the child abuse report. If a 6 26 family assessment is completed and if any of the criteria for a 6 27 child in need of assistance are met, the department is required 6 28 to determine whether to request a child in need of assistance 6 29 petition to the juvenile court and the county attorney. 6 30 The bill makes a conforming Code change to a parent 6 31 visitation provision relating to an order for removal of a 6 32 child from the child's home based upon evidence indicating the 6 33 child is a drug=endangered child. LSB 5518SS (6) 86 rh/nh
