Text: HF00341 Text: HF00343 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I &endash; DRUG EXPOSURE 1 2 Section 1. Section 232.2, subsection 6, paragraph o, Code 1 3 1995, is amended to read as follows: 1 4 o. In whose body there is an illegal drug present, 1 5 determined in accordance with a medically relevant test as 1 6 defined in section 232.73, as a direct and foreseeable 1 7 consequence of the acts or willful omissions of the child's 1 8 parent, guardian, or custodian. 1 9 Sec. 2. Section 232.68, subsection 2, paragraph f, Code 1 10 1995, is amended to read as follows: 1 11 f. An illegal drug is present in a child's body as a 1 12 direct and foreseeable consequence of the acts or willful 1 13 omissions of the person responsible for the care of the child. 1 14 Sec. 3. Section 232.73, unnumbered paragraph 2, Code 1995, 1 15 is amended to read as follows: 1 16 As used in this section and section 232.77, "medically 1 17 relevant test" means a test that produces reliable results of 1 18 exposure to cocaine, heroin, amphetamine, methamphetamine, or 1 19 other illegal drugs, or combinations or derivatives thereof, 1 20 including a drug urine screen test. A reliable test result 1 21 for exposure to a mixture or substance containing cocaine base 1 22 requires a reading of more than three hundred nanograms. The 1 23 department shall consult with the state board of health and 1 24 the board of pharmacy examiners in developing a list of 1 25 laboratories approved for the purposes of this chapter to 1 26 process medically relevant tests for particular types of 1 27 drugs, drug combinations, and derivatives. 1 28 Sec. 4. Section 232.77, subsection 2, Code 1995, is 1 29 amended to read as follows: 1 30 2. If a health practitioner discovers in a child physical 1 31 or behavioral symptoms of the effects of exposure to cocaine, 1 32 heroin, amphetamine, methamphetamine, or other illegal drugs, 1 33 or combinations or derivatives thereof, which were not 1 34 prescribed by a health practitioner, or if the health 1 35 practitioner has determined through examination of the natural 2 1 mother of the child that the child was exposed in utero, the 2 2 health practitioner may perform or cause to be performed a 2 3 medically relevant test, as defined in section 232.73, on the 2 4 child. The practitioner shall report any positive results of 2 5 such a test on the child to the department. The department 2 6 shall begin an investigation pursuant to section 232.71 upon 2 7 receipt of such a report. A positive test result shall not be 2 8 used for the criminal prosecution of a parent for acts and 2 9 omissions resulting in intrauterine exposure of the child to 2 10 an illegal drug and shall not represent grounds for a 2 11 determination of child abuse. 2 12 Sec. 5. NEW SECTION. 232.106 TERMS AND CONDITIONS ON 2 13 CHILD'S PARENT. 2 14 If the court enters an order under this chapter which 2 15 imposes terms and conditions on the child's parent, guardian, 2 16 or custodian, the purpose of the terms and conditions shall be 2 17 to assure the protection of the child. The order is subject 2 18 to the following provisions: 2 19 1. The order shall state the reasons for and purpose of 2 20 the terms and conditions. 2 21 2. If a parent, guardian, or custodian is required to have 2 22 a chemical test of blood or urine for the purpose of 2 23 determining the presence of an illegal drug, the test shall be 2 24 a medically relevant test as defined in section 232.73. The 2 25 parent, guardian, or custodian may select the laboratory which 2 26 processes the test from among the laboratories approved 2 27 pursuant to section 232.73. A positive test result shall not 2 28 be used for the criminal prosecution of a parent, guardian, or 2 29 custodian for the presence of an illegal drug. 2 30 Sec. 6. Section 235C.3, subsection 3, Code 1995, is 2 31 amended to read as follows: 2 32 3. IDENTIFICATION. The council shall develop 2 33 recommendations regarding state programs or policies to 2 34 increase the accuracy of the identification of chemically 2 35 exposed infants and children. 3 1 DIVISION II &endash; DEFINITIONS 3 2 Sec. 7. Section 232.2, subsection 6, paragraphs b, c, d, 3 3 e, f, g, m, and n, Code 1995, are amended to read as follows: 3 4 b. Whose parent, guardian, other custodian, or other 3 5 member of the household in which the child resides has 3 6 repeatedly physically abused or neglected the child, or is3 7imminently likely to abuse or neglect the child. 3 8 c. Who has sufferedor is imminently likely to suffer3 9 harmful effects as a result of either of the following: 3 10 (1) Mental injury caused by the acts of the child's 3 11 parent, guardian, or custodian. 3 12 (2) The failure of the child's parent, guardian, 3 13 custodian, or other member of the household in which the child 3 14 resides to exercise areasonable degreeminimum standard of 3 15 care in supervising the child. The department shall adopt 3 16 rules identifying the elements comprising a minimum standard 3 17 of care in sufficient detail for a parent to anticipate 3 18 whether the department would find the parent's care to be less 3 19 than the minimum standard. The department shall publicly 3 20 distribute the rules. The rules shall include but are not 3 21 limited to standards for identifying lack of supervision which 3 22 take into consideration all of the following concerning a 3 23 child left without supervision: 3 24 (a) The child's age and intelligence. 3 25 (b) The amount of time the child is left unsupervised. 3 26 (c) The frequency with which the child is left 3 27 unsupervised for a given length of time. 3 28 (d) The age of any older child into whose care a younger 3 29 child is left. 3 30 (e) A detailed description of any other form of lack of 3 31 supervision which would not meet a minimum standard of care. 3 32 d. Who has been, or is imminently likely to be,sexually 3 33 abused by the child's parent, guardian, custodian or other 3 34 member of the household in which the child resides. 3 35e. Who is in need of medical treatment to cure, alleviate,4 1or prevent serious physical injury or illness and whose4 2parent, guardian or custodian is unwilling or unable to4 3provide such treatment.4 4f. Who is in need of treatment to cure or alleviate4 5serious mental illness or disorder, or emotional damage as4 6evidenced by severe anxiety, depression, withdrawal or4 7untoward aggressive behavior toward self or others and whose4 8parent, guardian, or custodian is unwilling or unable to4 9provide such treatment.4 10 g. Whose parent, guardian, or custodianfailscommits 4 11 physical abuse or neglect of a child by failing to exercise a 4 12 minimal degree of care in supplying the child with adequate 4 13 food, clothing, or shelter, as described in administrative 4 14 rules adopted pursuant to subsection 42, and refuses other 4 15 means made available to provide such essentials. 4 16 m. Who is in need of treatment to cure or alleviate 4 17 chemical dependency and whose parent, guardian, or custodian 4 18 is unwilling or unable to providesuchthe treatment. This 4 19 paragraph of this definition shall only apply provided there 4 20 is treatment available in which at least fifty percent of the 4 21 treatment recipients remain cured or are alleviated of 4 22 chemical dependency one year after the treatment. 4 23n. Whose parent's or guardian's mental capacity or4 24condition, imprisonment, or drug or alcohol abuse results in4 25the child not receiving adequate care.4 26 Sec. 8. Section 232.2, Code 1995, is amended by adding the 4 27 following new subsection: 4 28 NEW SUBSECTION. 3A. "Best interest of the child" or "best 4 29 interests of the child" means a child is provided the maximum 4 30 continuing contact with the child's parents so that the 4 31 child's parents maintain full custody of the child without 4 32 being required to participate in services identified by the 4 33 department. If a pattern of life-threatening abuse or neglect 4 34 of the child is identified or the child has been permanently 4 35 injured as a result of physical abuse, and the risk of further 5 1 abuse or neglect, if the child's parents maintain full custody 5 2 of the child, is greater than the risk of abuse and neglect if 5 3 the child is separated from the child's parents, the child 5 4 shall be provided with the least restrictive physical 5 5 separation possible from the child's parents as necessary to 5 6 protect the child from further abuse or neglect. The best 5 7 interest of the child shall require that if medical questions 5 8 are raised concerning the child, the child's physician may 5 9 contact the child's parents concerning the child's family 5 10 medical history. 5 11 Sec. 9. Section 232.2, subsection 42, Code 1995, is 5 12 amended to read as follows: 5 13 42. "Physical abuse or neglect" or "abuse or neglect" 5 14 means any nonaccidental physical injury suffered by a child as 5 15 the result of the acts or omissions of the child's parent, 5 16 guardian or custodian or other person legally responsible for 5 17 the child. The specific instances of neglect which may 5 18 physically injure a child shall be identified in 5 19 administrative rules adopted by the department, including but 5 20 not limited to home hygiene standards and any other act or 5 21 omission which would constitute neglect of a child. An injury 5 22 to a child's buttocks is not physical abuse or neglect unless 5 23 the injury requires medical treatment or causes permanent 5 24 injury. Any other injury is not a physical injury unless the 5 25 injury was inflicted willfully, wantonly, and maliciously. 5 26 DIVISION III &endash; REMOVAL OF CHILDREN AND PARENTS AND 5 27 TERMINATION 5 28 OF PARENTAL RIGHTS 5 29 Sec. 10. Section 232.78, subsection 2, Code 1995, is 5 30 amended to read as follows: 5 31 2. The order shall specify the facility to which the child 5 32 is to be brought. Except for good cause shown or unless the 5 33 child is sooner returned to the place where the child was 5 34 residing or permitted to return to the child day care 5 35 facility, a petition shall be filed under this chapter within 6 1 three days of the issuance of the order. Unless the 6 2 proceeding is continued for good cause shown pursuant to 6 3 section 232.96, if an adjudicatory hearing is not held in 6 4 accordance with the provisions of section 232.96 and a 6 5 dispositional order is not entered, the order entered under 6 6 this section shall expire thirty days from the date the order 6 7 was entered and the child shall be returned to the child's 6 8 home. 6 9 Sec. 11. Section 232.95, subsection 4, Code 1995, is 6 10 amended to read as follows: 6 11 4. If the court orders the child removed from the home 6 12 pursuant to subsection 2, paragraph "a", the court shall hold 6 13 a hearing to review the removal order withinsix monthsthirty 6 14 days unless a dispositional hearing pursuant to section 232.99 6 15 has been held. 6 16 Sec. 12. Section 232.96, subsection 1, Code 1995, is 6 17 amended to read as follows: 6 18 1. The court shall hear and adjudicate cases involving a 6 19 petition alleging a child to be a child in need of assistance. 6 20 If the child has been removed from the child's home pursuant 6 21 to section 232.78, 232.79, or 232.95, the hearing shall be 6 22 held within thirty days of the date of the removal unless the 6 23 court continues the proceeding for good cause shown on the 6 24 record. If a continuance is granted, the court may extend the 6 25 removal order. The term of the continuance shall not exceed 6 26 thirty days and no further continuances shall be granted. 6 27 Sec. 13. Section 232.96, subsection 4, Code 1995, is 6 28 amended to read as follows: 6 29 4. A report made to the department of human services 6 30 pursuant to chapter 235A shall be admissible in evidence, 6 31 subject to objections to any component of the report, butsuch6 32athe report shall not alone be sufficient to support a 6 33 finding that the child is a child in need of assistance unless 6 34 the attorneys for the child and the parents consent to such a 6 35 finding. 7 1 Sec. 14. Section 232.98, subsection 1, unnumbered 7 2 paragraph 5, Code 1995, is amended to read as follows: 7 3 The child's parent, guardian, or custodianshallmay choose 7 4 to be included in counseling sessions offered during the 7 5 child's stay in a hospital, facility, or institutionwhen7 6feasible, and when in the best interests of the child and the7 7child's parent, guardian, or custodian. The child's parent, 7 8 guardian, or custodian may establish a record of the 7 9 examination and the counseling sessions by making a video or 7 10 audio recording or by bringing one or more witnesses to the 7 11 examination or sessions. If separate counseling sessions are 7 12 conducted for the child and the child's parent, guardian, or 7 13 custodian, a joint counseling session shall be offered prior 7 14 to the release of the child from the hospital, facility, or 7 15 institution. The court shall require that notice be provided 7 16 to the child's guardian ad litem of the counseling sessions 7 17 and of the participants and results of the sessions. 7 18 Sec. 15. Section 232.98, subsection 2, Code 1995, is 7 19 amended to read as follows: 7 20 2. Following an adjudication that a child is a child in 7 21 need of assistance, the court may after a hearing order the 7 22 physical or mental examination of the parent, guardian or 7 23 custodian if the court finds that person's physical or mental 7 24 ability to care for the child is at issue. 7 25 Sec. 16. Section 232.116, subsection 2, unnumbered 7 26 paragraph 1, Code 1995, is amended to read as follows: 7 27 In considering whether to terminate the rights of a parent 7 28 under this section, the court shall give primary consideration 7 29 to thephysical, mental, and emotional condition and needs7 30 best interest of the child.SuchThe consideration may 7 31 include any of the following: 7 32 Sec. 17. Section 232.116, subsection 2, paragraph b, 7 33 unnumbered paragraph 1, Code 1995, is amended to read as 7 34 follows: 7 35 For a child who has been placed in foster family care by a 8 1 court or has been voluntarily placed in foster family care by 8 2 a parent or by another person,whether the child has become8 3integrated into the foster family to the extent that the8 4child's familial identity is with the foster family, and8 5 whether the foster family is able and willing to permanently 8 6 integrate the child into the foster family. In considering 8 7 integration into a foster family, the court shall review the 8 8 following: 8 9 Sec. 18. Section 232.116, subsection 3, unnumbered 8 10 paragraph 1, Code 1995, is amended to read as follows: 8 11 The courtneedshall not terminate the relationship between 8 12 the parent and child if the court finds any of the following: 8 13 Sec. 19. Section 232.116, subsection 3, Code 1995, is 8 14 amended by adding the following new paragraph c after 8 15 paragraph b and relettering the succeeding paragraphs: 8 16 NEW PARAGRAPH. c. The child is ten years of age or less 8 17 and objects to the termination, objected during any removal of 8 18 the child from the child's home under this chapter, and 8 19 objected to any allegation of child abuse during an interview 8 20 conducted during a child abuse investigation performed 8 21 pursuant to section 232.71. 8 22 DIVISION IV &endash; APPOINTMENT OF COUNSEL OR GUARDIAN AD LITEM 8 23 Sec. 20. Section 232.71, subsection 14, Code 1995, is 8 24 amended to read as follows: 8 25 14. In every case involving child abuse which results in a 8 26 child protective judicial proceeding, whether or not the 8 27 proceeding arises under this chapter, a child shall have a 8 28 right to have the child's interests represented by a guardian 8 29 ad litem. The judge shall explain to the child that the child 8 30 may choose to have the child's interests represented by a 8 31 guardian ad litem. If the child chooses, a guardian ad litem 8 32 shall be appointed by the court to represent the interests of 8 33 the child in the proceedings. Before a guardian ad litem is 8 34 appointed pursuant to this section, the court shall require 8 35 the person responsible for the care of the child to complete 9 1 under oath a detailed financial statement. If, on the basis 9 2 of that financial statement, the court deems that the person 9 3 responsible for the care of the child is able to bear the cost 9 4 of the guardian ad litem, the court shall so order. In cases 9 5 where the person responsible for the care of the child is 9 6 unable to bear the cost of the guardian ad litem, the expense 9 7 shall be paid out of the county treasury. 9 8 Sec. 21. Section 232.89, subsection 2, unnumbered 9 9 paragraph 1, Code 1995, is amended to read as follows: 9 10 Upon the filing of a petition, the court shall appoint 9 11 counsel and, if the child chooses, may appoint a guardian ad 9 12 litem for the child identified in the petition as a party to 9 13 the proceedings. If the child so chooses and a guardian ad 9 14 litem has previously been appointed for the child in a 9 15 proceeding under division II of this chapter or a proceeding 9 16 in which the court has waived jurisdiction under section 9 17 232.45, the court shall appoint the same guardian ad litem 9 18 upon the filing of the petition under this part. Counsel 9 19 shall be appointed as follows: 9 20 Sec. 22. Section 232.97, subsection 3, Code 1995, is 9 21 amended to read as follows: 9 22 3. The social report shall not be disclosed except as 9 23 provided in this section and except as otherwise provided in 9 24 this chapter. Prior to the hearing at which the disposition 9 25 is determined, the court shall permit counsel for the child, 9 26 the child's parent, guardian, or custodian, counsel for the 9 27 child's parent, guardian, or custodian, any person alleged to 9 28 have abused the child, and the guardian ad litem to inspect 9 29 any social report to be considered by the court.The court9 30may in its discretion order counsel not to disclose parts of9 31the report to the child, or to the parent, guardian or9 32custodian if disclosure would seriously harm the treatment or9 33rehabilitation of the child or would violate a promise of9 34confidentiality given to a source of information.9 35 EXPLANATION 10 1 This bill relates to child abuse provisions. 10 2 Division I relates to drug exposure of children. In 10 3 section 232.2, subsection 6, the definition of a child in need 10 4 of assistance, the part involving the presence of an illegal 10 5 drug in the body of a child is amended to require the presence 10 6 be indicated by a medically relevant test and the omission 10 7 leading to the presence of the drug be willful. 10 8 Section 232.68, the definition of child abuse for purposes 10 9 of child abuse investigations, is amended to require that the 10 10 omission leading to the presence of the drug be willful. 10 11 Section 232.73 is amended to require that a medically 10 12 relevant test for illegal drug exposure to cocaine base 10 13 requires a reading of more than 300 nanograms. The department 10 14 of human services is directed to work with other state 10 15 agencies in developing a list of approved laboratories for 10 16 processing of medically relevant tests. 10 17 Section 232.77 is amended to prohibit a test for the 10 18 presence of an illegal drug to be used as grounds for a 10 19 determination of child abuse. 10 20 New section 232.106 relates to terms and conditions imposed 10 21 on a child's parent, guardian, or custodian in a court order 10 22 under chapter 232. The order must state the reasons for and 10 23 purpose of the terms and conditions. If a chemical test is 10 24 required for the presence of an illegal drug, the test must be 10 25 a medically relevant test and the parent, guardian, or 10 26 custodian may choose the laboratory which processes the test. 10 27 A positive test result cannot be used in a criminal 10 28 prosecution of the parent, guardian, or custodian. 10 29 Section 235C.3 is amended to require the council for 10 30 chemically exposed infants to develop recommendations for 10 31 increasing the accuracy rather than the volume of the 10 32 identification of chemically exposed infants and children. 10 33 Division II amends various definitions used in chapter 232. 10 34 The definition for child in need of assistance in section 10 35 232.2, subsection 6, is amended to require repeated physical 11 1 abuse or neglect rather than any physical abuse or neglect and 11 2 a provision for imminent abuse or neglect is stricken; a 11 3 provision for a child who is imminently likely to suffer abuse 11 4 or neglect by mental injury or failure to supervise is 11 5 stricken; the department of human services is required to 11 6 adopt rules identifying the elements comprising a minimum 11 7 standard of care; a provision for a child who is imminently 11 8 likely to be sexually abused is stricken; a provision for 11 9 failure to provide medical treatment or mental health 11 10 treatment is stricken; the department is required to adopt 11 11 rules specifying the instances of physical abuse or neglect 11 12 which would comprise failure to exercise a minimum degree of 11 13 care for a child; a provision that a child who has a chemical 11 14 dependency is amended by requiring that the chemical 11 15 dependency by itself does not meet the definition of child 11 16 abuse unless treatment is available for chemical dependency 11 17 with a specified success rate; and a provision for a child 11 18 whose parent's mental capacity or condition, imprisonment, or 11 19 drug or alcohol abuse results in the child not receiving 11 20 adequate care is stricken. 11 21 Section 232.2 is amended with a new definition of "best 11 22 interest of the child" which emphasizes the child maintaining 11 23 the maximum possible contact with the child's parents. 11 24 The definition of physical abuse or neglect in section 11 25 232.2, subsection 42, is amended to require the department to 11 26 identify in administrative rules the specific instances of 11 27 abuse and neglect which may physically injure a child. 11 28 Division III addresses provisions relating to removal of 11 29 children and parents and termination of parental rights. 11 30 Sections 232.78, 232.95, and 232.96 are amended to require 11 31 that if a temporary removal order is entered, a child in need 11 32 of assistance (CINA) hearing must be held within 30 days. The 11 33 court may continue the CINA hearing one time for good cause 11 34 shown. Section 232.96, subsection 4, relating to the 11 35 admissibility of a child abuse report in a CINA adjudication, 12 1 is amended to make the admissibility subject to objections to 12 2 any component of the report. 12 3 Currently under section 232.98, a child's parent, guardian, 12 4 or custodian may be required, under certain circumstances, to 12 5 be included in counseling sessions offered during a commitment 12 6 of a child for a physical or mental examination. Under the 12 7 bill, the parent, guardian, or custodian may choose whether or 12 8 not to be included and may make a video or audio recording of 12 9 the examination or sessions or bring one or more witnesses. 12 10 Current law provides that following a CINA adjudication, the 12 11 court may order a physical or mental examination of a child's 12 12 parent, guardian, or custodian and the bill makes such an 12 13 order subject to the court finding that the person's physical 12 14 or mental ability to care for the child is at issue. 12 15 Various provisions of section 232.116, relating to 12 16 termination of parental rights, are amended. In considering 12 17 whether to terminate the rights of a parent under current 12 18 section 232.116, subsection 2, the court is required to give 12 19 primary consideration to the physical, mental, and emotional 12 20 condition and needs of the child. The bill strikes this 12 21 criteria and replaces it with the best interest of the child 12 22 as defined by the bill. Under current law, the court's 12 23 consideration is to include the integration of the child into 12 24 a family foster care placement and the bill strikes 12 25 consideration of whether the child has familial identity with 12 26 the foster family. 12 27 Section 232.116, subsection 3, currently gives the court 12 28 the option to not order termination of parental rights if 12 29 certain conditions exist. The bill prohibits the court from 12 30 entering the order if any of the conditions exist. One of 12 31 those conditions in current law is if a child who is more than 12 32 10 years of age and objects to the termination. A similar 12 33 provision is added if a child is age 10 or less and objected 12 34 to any allegation of child abuse, to any removal of the child, 12 35 and objects to the termination. 13 1 Division IV relates to appointment of counsel or a guardian 13 2 ad litem for a child. Under current section 232.71, relating 13 3 to child abuse investigations, and section 232.89, relating to 13 4 appointment of counsel for CINA proceedings, a guardian ad 13 5 litem is required to be appointed for a child in any judicial 13 6 proceeding. The bill makes the appointment of a guardian ad 13 7 litem optional for the child rather than required. 13 8 Section 232.97, relating to disclosure of a social report 13 9 prepared pursuant to a court order during a CINA proceeding, 13 10 under current law limits disclosure of the report to the 13 11 child's counsel and guardian ad litem and the counsel of the 13 12 parent, guardian, or custodian. The bill strikes language 13 13 authorizing the court to prohibit counsel from disclosing 13 14 parts of the report to the child or to the child's parent, 13 15 guardian, or custodian, if the disclosure would harm the child 13 16 or violate a promise of confidentiality. In addition, the 13 17 bill provides access to the social report for the child's 13 18 parent, guardian, or custodian, or for any person alleged to 13 19 have abused the child. 13 20 LSB 2082HH 76 13 21 jp/sc/14
Text: HF00341 Text: HF00343 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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