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Senate File 2410

Partial Bill History

Bill Text

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  1  1    Section 1.  Section 232.2, subsection 6, paragraph o, Code
  1  2 Supplement 1995, is amended to read as follows:
  1  3    o.  Who is described by any other paragraph of this
  1  4 subsection and in In whose body there is an illegal drug
  1  5 present as a direct and foreseeable consequence of the acts or
  1  6 omissions of the child's parent, guardian, or custodian which
  1  7 a reasonable and prudent person knew or should have known is
  1  8 likely to lead to the drug's presence in the child's body.
  1  9 The presence of the drug shall be determined in accordance
  1 10 with a medically relevant test as defined in section 232.73.
  1 11    Sec. 2.  Section 232.68, subsection 2, paragraph f, Code
  1 12 Supplement 1995, is amended to read as follows:
  1 13    f.  An illegal drug is present in a child's body as a
  1 14 direct and foreseeable consequence of the acts or omissions of
  1 15 the person responsible for the care of the child which a
  1 16 reasonable and prudent person knew or should have known is
  1 17 likely to lead to the drug's presence in the child's body.
  1 18    Sec. 3.  Section 232.73, unnumbered paragraph 2, Code
  1 19 Supplement 1995, is amended to read as follows:
  1 20    As used in this section and section 232.77, "medically
  1 21 relevant test" means a test that produces reliable results of
  1 22 exposure to cocaine, heroin, amphetamine, methamphetamine, or
  1 23 other illegal drugs, or combinations or derivatives thereof,
  1 24 including a drug urine screen test.  The Iowa department of
  1 25 public health, in consultation with the department of human
  1 26 services and the council on chemically exposed infants and
  1 27 children created in chapter 235C, shall adopt rules specifying
  1 28 minimum standards for reliable results of medically relevant
  1 29 tests.  The rules shall include but are not limited to
  1 30 standards which minimize the incidence of false positive test
  1 31 results.  The Iowa department of public health shall maintain
  1 32 a list of laboratories which are approved to perform medically
  1 33 relevant tests in accordance with the standards adopted in
  1 34 administrative rules.
  1 35    Sec. 4.  Section 232.77, subsection 2, Code 1995, is
  2  1 amended to read as follows:
  2  2    2.  If a health practitioner discovers in a child physical
  2  3 or behavioral symptoms of the effects of exposure to cocaine,
  2  4 heroin, amphetamine, methamphetamine, or other illegal drugs,
  2  5 or combinations or derivatives thereof, which were not
  2  6 prescribed by a health practitioner, or if the health
  2  7 practitioner has determined through examination of the natural
  2  8 mother of the child that the child was exposed in utero, the
  2  9 health practitioner may perform or cause to be performed a
  2 10 medically relevant test, as defined in section 232.73, on the
  2 11 child.  The practitioner shall report any positive results of
  2 12 such a test on the child to the department.  The department
  2 13 shall begin an investigation pursuant to section 232.71 upon
  2 14 receipt of such a report.  A positive test result obtained
  2 15 prior to the birth of a child shall not be used for the
  2 16 criminal prosecution of a parent for acts and omissions
  2 17 resulting in intrauterine exposure of the child to an illegal
  2 18 drug.
  2 19    Sec. 5.  Section 232.106, subsection 2, Code Supplement
  2 20 1995, is amended to read as follows:
  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.  NEW SECTION.  232.107  PARENT VISITATION.
  2 31    If a child is removed from the child's home in accordance
  2 32 with an order entered under this division based upon evidence
  2 33 indicating the presence of an illegal drug in the child's
  2 34 body, unless the court finds that substantial evidence exists
  2 35 to believe that reasonable visitation or supervised visitation
  3  1 would cause an imminent risk to the child's life or health,
  3  2 the order shall allow the child's parent reasonable visitation
  3  3 or supervised visitation with the child.
  3  4    Sec. 7.  ADMINISTRATIVE RULES VOID.  Administrative rules
  3  5 adopted by the Iowa department of public health pursuant to
  3  6 section 232.73, unnumbered paragraph 2, Code Supplement 1995,
  3  7 are void on the effective date of this Act.
  3  8    Sec. 8.  PARENTAL SUBSTANCE ABUSE STUDY.  The director of
  3  9 public health shall utilize the commission on substance abuse
  3 10 to study the effects of fetal alcohol syndrome on children and
  3 11 the issues associated with removal of a child from the child's
  3 12 home based upon substance abuse by the child's parent.  The
  3 13 process used to perform the study shall include statewide
  3 14 hearings and consultation with the maternal and child health
  3 15 division of the Iowa department of public health, the council
  3 16 on chemically exposed infants and children, the departments of
  3 17 human services and education, and juvenile court judges and
  3 18 other juvenile court officials.  The director shall present
  3 19 the findings of the study to the legislative council and to
  3 20 any legislative interim committee which reviews substance
  3 21 abuse issues and shall submit a written report to the general
  3 22 assembly on or before January 2, 1997.
  3 23    Sec. 9.  EFFECTIVE DATE.  This Act, being deemed of
  3 24 immediate importance, takes effect upon enactment.  
  3 25 SF 2410
  3 26 jp/cc/26
     
Text: SF02409                           Text: SF02411
Text: SF02400 - SF02499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index
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