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House File 47

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 232.77, Code 2001, 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.
  1 12    b.  The person responsible for the care of the child is
  1 13 absent, or was asked, and refused to consent to the medically
  1 14 relevant test, or agreed to the performance of the medically
  1 15 relevant test but did not comply as agreed, or there is
  1 16 reasonable cause to believe that a request for consent would
  1 17 endanger the child.  
  1 18                           EXPLANATION
  1 19    This bill relates to child abuse provisions involving the
  1 20 presence of illegal drugs in a child's body.  A new subsection
  1 21 is added to Code section 232.77, regarding photographs, X
  1 22 rays, and medically relevant tests of children, to authorize
  1 23 the juvenile court, when there is probable cause to believe a
  1 24 child has been exposed to an illegal drug and when specified
  1 25 conditions are met relating to consent of the person
  1 26 responsible for the care of the child, to enter an ex parte
  1 27 order to perform a medically relevant test to determine
  1 28 whether an illegal drug is present in the child's body.  Any
  1 29 person authorized to file a petition under the juvenile
  1 30 justice code may apply for the order, or the court may issue
  1 31 the order on its own motion.  
  1 32 LSB 1737HH 79
  1 33 jp/pj/5
     

Text: HF00046                           Text: HF00048
Text: HF00000 - HF00099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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