House File 208 - Introduced HOUSE FILE 208 BY HOLT , WHEELER , MOMMSEN , SHEETS , BAUDLER , McKEAN , WORTHAN , and CARLIN A BILL FOR An Act relating to the definition of child abuse and certain 1 activities of a person responsible for the care of a child 2 involving a dangerous substance. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1554HH (3) 87 rh/nh

H.F. 208 Section 1. Section 232.68, subsection 2, paragraph a, 1 subparagraph (7), Code 2017, is amended to read as follows: 2 (7) (a) The person responsible for the care of a child 3 has, in the presence of the child, as defined in section 232.2, 4 subsection 6 , paragraph “p” , used, possessed, manufactured , 5 cultivated, or distributed a dangerous substance, as defined 6 in section 232.2, subsection 6 , paragraph “p” , or in the 7 presence of the child possesses a product containing ephedrine, 8 its salts, optical isomers, salts of optical isomers, or 9 pseudoephedrine, its salts, optical isomers, salts of optical 10 isomers, with the intent to use the product as a precursor or 11 an intermediary to a dangerous substance. 12 (b) For the purposes of this subparagraph, “in the presence 13 of the child” means the physical presence of the child during 14 the use, possession, manufacture, cultivation, or distribution; 15 the use, possession, manufacture, cultivation, or distribution 16 occurred in the child’s home, on the premises, or in a motor 17 vehicle located on the premises; or the use, possession, 18 manufacture, cultivation, or distribution occurred under other 19 circumstances in which a reasonably prudent person would 20 know that the use, possession, manufacture, cultivation, or 21 distribution may be seen, smelled, or heard by the child. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to the definition of child abuse and 26 certain activities of a person responsible for the care of a 27 child involving a dangerous substance. 28 Under current law, a person responsible for the care of 29 a child who, in the presence of the child, manufactured a 30 dangerous substance as defined in Code section 232.2, or 31 possesses a product containing ephedrine, its salts, optical 32 isomers, salts of optical isomers, or pseudoephedrine, its 33 salts, optical isomers, salts of optical isomers, with the 34 intent to use the product as a precursor or an intermediary to 35 -1- LSB 1554HH (3) 87 rh/nh 1/ 2

H.F. 208 a dangerous substance, commits child abuse. The bill amends 1 this provision to include, in addition to the manufacture 2 of a dangerous substance, the use, possession, cultivation, 3 or distribution of a dangerous substance under the same 4 circumstances. The bill defines “in the presence of the child” 5 to mean the physical presence of the child during the use, 6 possession, manufacture, cultivation, or distribution; the use, 7 possession, manufacture, cultivation, or distribution occurred 8 in the child’s home, on the premises, or in a motor vehicle 9 located on the premises; or the use, possession, manufacture, 10 cultivation, or distribution occurred under other circumstances 11 in which a reasonably prudent person would know that the use, 12 possession, manufacture, cultivation, or distribution may be 13 seen, smelled, or heard by the child. 14 Under current law, a person responsible for the care of a 15 child includes a parent, guardian, or foster parent; a relative 16 or any other person with whom the child resides and who assumes 17 care or supervision of the child; an employee or agent of any 18 public or private facility providing care for a child; or any 19 person providing care for a child, but with whom the child 20 does not reside. A dangerous substance means an amphetamine, 21 its salts, isomers, or salts of its isomers; methamphetamine, 22 its salts, isomers, or salts of its isomers; a chemical or 23 combination of chemicals that poses a reasonable risk of 24 causing an explosion, fire, or other danger to the life or 25 health of persons who are in the vicinity while the chemical or 26 combination of chemicals is used or is intended to be used in 27 certain circumstances relating to the manufacture of an illegal 28 or controlled substance. 29 Under current law, upon acceptance of a report of child 30 abuse, the department of human services shall commence a child 31 abuse assessment within 24 hours of receiving the report when 32 the report alleges child abuse involving a dangerous substance. 33 -2- LSB 1554HH (3) 87 rh/nh 2/ 2