House File 2360 HOUSE FILE BY HEDDENS Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act revising terminology used for child in need of assistance 2 proceedings. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5809HH 80 5 jp/gg/14 PAG LIN 1 1 Section 1. Section 232.2, subsection 6, paragraphs e, f, 1 2 g, and m, Code Supplement 2003, are amended to read as 1 3 follows: 1 4 e. Who is in need of medical treatment to cure, alleviate, 1 5 or prevent serious physical injury or illness and whose 1 6 parent, guardian, or custodianis unwilling or unable to 1 7 provide such treatmentfails to exercise a reasonable degree 1 8 of care to supply the treatment and unreasonably refuses other 1 9 means made available to supply the treatment. 1 10 f. Who is in need of treatment to cure or alleviate 1 11 serious mental illness or disorder, or emotional damage as 1 12 evidenced by severe anxiety, depression, withdrawal, or 1 13 untoward aggressive behavior toward self or others and whose 1 14 parent, guardian, or custodianis unwilling or unable to 1 15 provide such treatmentfails to exercise a reasonable degree 1 16 of care to supply the treatment and unreasonably refuses other 1 17 means made available to supply the treatment. 1 18 g. Whose parent, guardian, or custodian fails to exercise 1 19 aminimalreasonable degree of care in supplying the child 1 20 with adequate food, clothing, or shelter and unreasonably 1 21 refuses other means made available toprovidesupply such 1 22 essentials. 1 23 m. Who is in need of treatment to cure or alleviate 1 24 chemical dependency and whose parent, guardian, or custodian 1 25is unwilling or unable to provide such treatmentfails to 1 26 exercise a reasonable degree of care to supply the treatment 1 27 and unreasonably refuses other means made available to supply 1 28 the treatment. 1 29 EXPLANATION 1 30 This bill revises elements of the term "child in need of 1 31 assistance" (CINA) used in Code chapter 232, the juvenile 1 32 justice code. 1 33 The bill addresses elements involving children who are in 1 34 need of medical treatment, treatment to address serious mental 1 35 illness or disorders, or emotional damage, or treatment of 2 1 chemical dependency. Under current law, a child meets the 2 2 CINA definition if the child has any of these treatment needs 2 3 and the parent, guardian, or custodian is unwilling or unable 2 4 to provide the treatment. Instead, the bill provides the CINA 2 5 definition is met when the parent, guardian, or custodian 2 6 fails to exercise a reasonable degree of care to supply the 2 7 treatment and unreasonably refuses other means made available 2 8 to supply the treatment. 2 9 The bill also changes the CINA element involving a parent, 2 10 guardian, or custodian's failure to exercise a minimal degree 2 11 of care in supplying the child with adequate food, clothing, 2 12 or shelter and refusal of other means made available to supply 2 13 such essentials. The bill replaces the "minimal degree" 2 14 standard with a "reasonable degree" standard and requires that 2 15 the refusal be unreasonable. 2 16 LSB 5809HH 80 2 17 jp/gg/14