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Text: SF02247                           Text: SF02249
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 2248

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 232.77, Code 1995, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  3.  The court may enter an ex parte order
  1  4 that a medically relevant test, as defined in section 232.73,
  1  5 be performed to determine whether an illegal drug is present
  1  6 in a child's body provided all of the following apply:
  1  7    a.  Probable cause exists to believe the child has been
  1  8 exposed to an illegal drug.
  1  9    b.  The person responsible for the care of the child is
  1 10 absent, or though present, was asked and refused to consent to
  1 11 the medically relevant test, agreed to the performance of the
  1 12 medically relevant test but did not comply as agreed, or there
  1 13 is reasonable cause to believe that a request for consent
  1 14 would endanger the child.
  1 15    Sec. 2.  MEDICALLY RELEVANT TESTS.  The Iowa department of
  1 16 public health shall consult with the council on chemically
  1 17 exposed infants and children created in chapter 235C, juvenile
  1 18 court officers, county attorneys, and department of human
  1 19 services' child protection workers in reviewing the
  1 20 administrative rules adopted pursuant to section 232.73
  1 21 concerning medically relevant tests.  The review shall provide
  1 22 opportunity for comment from persons who have child protection
  1 23 responsibilities as to problems in implementing the rules.
  1 24 The review shall be performed and administrative rules
  1 25 revisions to address problems identified during the review
  1 26 shall be proposed no later than October 1, 1996.  The review
  1 27 shall include but is not limited to all of the following:
  1 28    1.  Tests of infants, including tests for neconium and the
  1 29 minimum sample size required for tests of infants.
  1 30    2.  Tests of hair.
  1 31    3.  Provision for release of test information to child
  1 32 protection workers, juvenile court officers, and county
  1 33 attorneys.  
  1 34                           EXPLANATION
  1 35    This bill relates to child abuse provisions involving
  2  1 drugs.
  2  2    Section 232.77, relating to photographs, X rays, and
  2  3 medically relevant tests of children, is amended by adding a
  2  4 new subsection.  The new subsection authorizes the juvenile
  2  5 court to enter an ex parte order that a medically relevant
  2  6 test be performed to determine whether an illegal drug is
  2  7 present in a child's body.  The following conditions are
  2  8 required for the ex parte order:  probable cause the child was
  2  9 exposed to an illegal drug and the person responsible for the
  2 10 care of the child is absent or refuses permission for the
  2 11 test, the person agreed to have the test performed but failed
  2 12 to abide by the agreement, or there is reason to believe a
  2 13 request for consent would endanger the child.
  2 14    The bill also directs the Iowa department of public health
  2 15 to review administrative rules regarding medically relevant
  2 16 tests for drugs.  The review is to address problems with
  2 17 implementation of the rules identified by persons with child
  2 18 protection responsibilities.  The review and proposed rules
  2 19 revisions to address problems identified are to be completed
  2 20 by October 1, 1996.  
  2 21 LSB 4119SS 76
  2 22 jp/cf/24
     

Text: SF02247                           Text: SF02249
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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