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 TLSB 2222YH (2) 87 hb/rj/rh
H.F. 259 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 35 -1- LSB 2222YH (2) 87 hb/rj/rh 1/ 2
H.F. 259 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). 11 -2- LSB 2222YH (2) 87 hb/rj/rh 2/ 2