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