House
File
259
-
Introduced
HOUSE
FILE
259
BY
HEATON
A
BILL
FOR
An
Act
relating
to
adjudicating
newborns
testing
positive
for
1
drugs
at
birth
as
a
child
in
need
of
assistance
or
as
part
of
2
a
family
in
need
of
assistance.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
232.2,
subsection
6,
Code
2017,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0p.
Who
is
a
newborn
in
whose
body
there
is
3
an
illegal
drug
present
at
the
time
of
birth
and
whose
mother
4
is
unwilling
to
voluntarily
receive
substance
abuse
treatment.
5
The
presence
of
the
drug
shall
be
determined
in
accordance
6
with
a
medically
relevant
test
as
defined
in
section
232.73.
7
However,
if
the
mother
of
such
a
newborn
voluntarily
agrees
to
8
receive
and
receives
substance
abuse
treatment,
the
newborn
9
shall
not
be
considered
a
child
in
need
of
assistance
and
10
instead
the
mother
and
newborn
shall
be
considered
a
family
in
11
need
of
assistance
under
section
232.125,
subsection
6.
12
Sec.
2.
Section
232.127,
Code
2017,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
06.
The
court
may
adjudicate
the
family
15
to
be
a
family
in
need
of
assistance
and
enter
an
appropriate
16
dispositional
order
if
the
court
finds
the
child
is
a
newborn
17
in
whose
body
there
is
an
illegal
drug
present
at
the
time
of
18
birth
and
whose
mother
has
voluntarily
agreed
to
receive
and
19
receives
substance
abuse
treatment.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
adjudicating
newborns
testing
positive
24
for
drugs
at
birth
as
a
child
in
need
of
assistance
or
as
part
25
of
a
family
in
need
of
assistance.
The
bill
provides
that
a
26
newborn
with
an
illegal
drug
present
in
the
newborn’s
system
27
at
the
time
of
birth
shall
be
considered
a
child
in
need
of
28
assistance.
The
bill
provides
an
exception
that
the
newborn
29
in
whose
body
there
is
an
illegal
drug
shall
not
be
a
child
in
30
need
of
assistance
if
the
mother
voluntarily
agrees
to
receive
31
substance
abuse
treatment.
32
If
the
mother
voluntarily
agrees
to
receive
substance
33
abuse
treatment,
the
family
shall
be
considered
a
family
in
34
need
of
assistance
under
Code
section
232.125(6).
The
bill
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creates
Code
section
232.127(6)
to
provide
that
the
court
may
1
adjudicate
the
family
to
be
a
family
in
need
of
assistance
2
and
enter
an
appropriate
dispositional
order
if
the
court
3
finds
that
the
child
is
a
newborn
in
whose
body
there
is
an
4
illegal
drug
present
at
the
time
of
birth
and
whose
mother
has
5
voluntarily
agreed
to
receive
substance
abuse
treatment.
6
Under
Code
section
232.127(7),
a
child
shall
not
be
placed
7
outside
of
the
home
if
the
family
is
adjudicated
as
a
family
in
8
need
of
assistance
unless
the
court
finds
clear
and
convincing
9
evidence
that
the
child
could
be
a
child
in
need
of
assistance
10
as
defined
under
Code
section
232.2(6).
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