Text: HF02498 Text: HF02500 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 232.77, Code 1999, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 3. Any person who may file a petition
1 4 under this chapter may apply for, or the court on its own
1 5 motion may issue, an order under this subsection. The court
1 6 may enter an ex parte order that a medically relevant test, as
1 7 defined in section 232.73, be performed to determine whether
1 8 an illegal drug is present in a child's body provided that all
1 9 of the following apply:
1 10 a. Probable cause exists to believe that the child has
1 11 been exposed to an illegal drug that was not prescribed for
1 12 the child by a health practitioner.
1 13 b. The person responsible for the care of the child is
1 14 absent, or was asked, and refused to consent to the medically
1 15 relevant test, or agreed to the performance of the medically
1 16 relevant test but did not comply as agreed, or there is
1 17 reasonable cause to believe that a request for consent would
1 18 endanger the child.
1 19 Any positive results of a test performed under this
1 20 subsection shall be reported to the department. The
1 21 department shall begin an assessment pursuant to section
1 22 232.71B upon receipt of such a report.
1 23 EXPLANATION
1 24 This bill relates to child abuse provisions involving the
1 25 presence of illegal drugs in a child's body. A new subsection
1 26 is added to Code section 232.77, regarding photographs, X
1 27 rays, and medically relevant tests of children, to authorize
1 28 the juvenile court, when there is probable cause to believe a
1 29 child has been exposed to an illegal drug and when specified
1 30 conditions are met relating to consent of the person
1 31 responsible for the care of the child, to enter an ex parte
1 32 order to perform a medically relevant test to determine
1 33 whether an illegal drug is present in the child's body. Any
1 34 person authorized to file a petition under the juvenile
1 35 justice code may apply for the order or the court may issue
2 1 the order on its own motion.
2 2 Any positive test result is to be reported to the
2 3 department of human services and the department is to perform
2 4 a child abuse assessment.
2 5 LSB 5951HV 78
2 6 jp/as/5
Text: HF02498 Text: HF02500 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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