Iowa-2015-SF2165-Introduced
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 the presence of an illegal drug in the child's
5 3 body child 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