Text: HF00337                           Text: HF00339
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 338

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 232.73, unnumbered paragraph 2, Code
  1  2 2001, is amended to read as follows:
  1  3    As used in this section and section in sections 232.77,
  1  4 232.78, and 232.79, "medically relevant test" means a test
  1  5 that produces reliable results of exposure to cocaine, heroin,
  1  6 amphetamine, methamphetamine, or other illegal drugs, or
  1  7 combinations or derivatives thereof of the illegal drugs,
  1  8 including a drug urine screen test.
  1  9    Sec. 2.  Section 232.78, subsection 1, paragraph b, Code
  1 10 2001, is amended to read as follows:
  1 11    b.  It appears that the child's immediate removal is
  1 12 necessary to avoid imminent danger to the child's life or
  1 13 health.  The circumstances or conditions indicating the
  1 14 presence of such imminent danger shall include but are not
  1 15 limited to any of the following:
  1 16    (1)  The refusal or failure of the person responsible for
  1 17 the care of the child to comply with the request of a peace
  1 18 officer, juvenile court officer, or child protection worker
  1 19 for such person to obtain and provide to the requester the
  1 20 results of a physical or mental examination of the child.  The
  1 21 request for a physical examination of the child may specify
  1 22 the performance of a medically relevant test.
  1 23    (2)  The refusal or failure of the person responsible for
  1 24 the care of the child or a person present in the person's home
  1 25 to comply with a request of a peace officer, juvenile court
  1 26 officer, or child protection worker for such a person to
  1 27 submit to and provide to the requester the results of a
  1 28 medically relevant test of the person.
  1 29    Sec. 3.  Section 232.78, Code 2001, is amended by adding
  1 30 the following new subsection:
  1 31    NEW SUBSECTION.  5A.  If reasonable cause exists to believe
  1 32 that the child or the child's parent, guardian, or custodian
  1 33 is affected by chemical dependency, an order for a physical or
  1 34 mental examination of the child under subsection 5 shall
  1 35 require a medically relevant test or a chemical dependency
  2  1 evaluation to be performed.
  2  2    Sec. 4.  Section 232.79, subsection 1, paragraph a, Code
  2  3 2001, is amended to read as follows:
  2  4    a.  The child is in a circumstance or condition that
  2  5 presents an imminent danger to the child's life or health.
  2  6 The circumstances or conditions indicating the presence of
  2  7 such imminent danger shall include but are not limited to any
  2  8 of the following:
  2  9    (1)  The refusal or failure of the person responsible for
  2 10 the care of the child to comply with the request of a peace
  2 11 officer, juvenile court officer, or child protection worker
  2 12 for such person to obtain and provide to the requester the
  2 13 results of a physical or mental examination of the child.  The
  2 14 request for a physical examination of the child may specify
  2 15 the performance of a medically relevant test.
  2 16    (2)  The refusal or failure of the person responsible for
  2 17 the care of the child or a person present in the person's home
  2 18 to comply with a request of a peace officer, juvenile court
  2 19 officer, or child protection worker for such a person to
  2 20 submit to and provide to the requester the results of a
  2 21 medically relevant test of the person.
  2 22    Sec. 5.  Section 232.79, subsection 5, Code 2001, is
  2 23 amended to read as follows:
  2 24    5.  When there has been an emergency removal or keeping of
  2 25 a child without a court order, a physical examination of the
  2 26 child by a licensed medical practitioner shall be performed
  2 27 within twenty-four hours of such removal, unless the child is
  2 28 returned to the child's home within twenty-four hours of the
  2 29 removal.  If reasonable cause exists to believe that the child
  2 30 or the child's parent, guardian, or custodian is affected by
  2 31 chemical dependency, the physical examination of the child
  2 32 shall include the performance of a medically relevant test or
  2 33 a chemical dependency evaluation.
  2 34    Sec. 6.  Section 232.98, subsection 1, unnumbered paragraph
  2 35 1, Code 2001, is amended to read as follows:
  3  1    Except as provided in section 232.78, subsection 5, a
  3  2 physical or mental examination of the child may be ordered
  3  3 only after the filing of a petition pursuant to section 232.87
  3  4 and after a hearing to determine whether an examination is
  3  5 necessary to determine the child's physical or mental
  3  6 condition.  If reasonable cause exists to believe that the
  3  7 child or the child's parent, guardian, or custodian is
  3  8 affected by chemical dependency, an order for a physical or
  3  9 mental examination of the child shall require the performance
  3 10 of a medically relevant test as defined in section 232.73 or a
  3 11 chemical dependency evaluation.  The court may consider
  3 12 chemical dependency as either a physical or mental condition
  3 13 and may consider a chemical dependency evaluation as either a
  3 14 physical or mental examination.
  3 15    Sec. 7.  Section 232.98, subsection 2, Code 2001, is
  3 16 amended to read as follows:
  3 17    2.  Following an adjudication that a child is a child in
  3 18 need of assistance, the court may after a hearing order the
  3 19 physical or mental examination of the child's parent,
  3 20 guardian, or custodian if that person's ability to care for
  3 21 the child is at issue.  If reasonable cause exists to believe
  3 22 that the child's parent, guardian, or custodian is affected by
  3 23 chemical dependency, an order for a physical or mental
  3 24 examination of the parent, guardian, or custodian shall
  3 25 require a medically relevant test as defined in section 232.73
  3 26 or a chemical dependency evaluation.
  3 27    Sec. 8.  Section 232.102, Code 2001, is amended by adding
  3 28 the following new subsection:
  3 29    NEW SUBSECTION.  13.  If by a showing of clear and
  3 30 convincing evidence the court determines the child's parent,
  3 31 guardian, or custodian is affected by chemical dependency and
  3 32 this chemical dependency is a contributing factor to the child
  3 33 in need of assistance adjudication, the court shall not permit
  3 34 the child to remain at home with the child's parent, guardian,
  3 35 or custodian.  The court may impose terms and conditions on
  4  1 the child's parent, guardian, or custodian in accordance with
  4  2 section 232.106 for the parent, guardian, or custodian to
  4  3 address the chemical dependency.  Until the court determines
  4  4 the parent, guardian, or custodian is no longer affected by
  4  5 the chemical dependency, the child shall not be subject to an
  4  6 order under this chapter for return of the child to the
  4  7 child's parent, guardian, or custodian and the making of
  4  8 reasonable efforts to return the child to the child's family
  4  9 home shall not be considered appropriate or possible.
  4 10    Sec. 9.  Section 232.107, Code 2001, is amended to read as
  4 11 follows:
  4 12    232.107  PARENT VISITATION.
  4 13    If a child is removed from the child's home in accordance
  4 14 with an order entered under this division based upon evidence
  4 15 indicating the presence of an illegal drug in the child's body
  4 16 or indicating that the child's parent, guardian, or custodian
  4 17 is affected by chemical dependency and that this chemical
  4 18 dependency is a contributing factor to the child in need of
  4 19 assistance adjudication, unless the court finds that
  4 20 substantial evidence exists to believe that reasonable
  4 21 visitation or supervised visitation would cause an imminent
  4 22 risk to the child's life or health, the order shall allow the
  4 23 child's parent reasonable visitation or supervised visitation
  4 24 with the child.  
  4 25                           EXPLANATION
  4 26    This bill relates to child in need of assistance (CINA)
  4 27 requirements involving physical and mental examinations
  4 28 involving medically relevant tests.
  4 29    Code section 232.73, defining the term "medically relevant
  4 30 test" for the presence of illegal drugs, is amended to apply
  4 31 to Code section 232.78, relating to temporary removal of a
  4 32 child pursuant to an ex parte court order, and Code section
  4 33 232.79, relating to custody of a child without a court order.
  4 34    Code sections 232.78 and 232.79 are amended to provide that
  4 35 conditions or circumstances indicating the presence of
  5  1 imminent danger to a child's health or life include the
  5  2 refusal or failure of the person responsible for the care of a
  5  3 child to obtain and provide the results of a requested
  5  4 physical or examination of the child or for that person or
  5  5 another person present in the person's home to submit to and
  5  6 provide the results of a requested medically relevant test of
  5  7 such person.  The persons authorized to make the request and
  5  8 to receive the results include a peace officer, juvenile court
  5  9 officer, or department of human services child protection
  5 10 worker.
  5 11    Code sections 232.78, 232.79, and 232.98 currently provide
  5 12 for the physical or mental examination of a child who is
  5 13 subject to a court order.  Under the bill, if reasonable cause
  5 14 exists to believe that the child or the child's parent,
  5 15 guardian, or custodian is affected by chemical dependency, the
  5 16 examination of the child must include a medically relevant
  5 17 test or a chemical dependency evaluation.  Under current law
  5 18 in Code section 232.98, after a CINA adjudication, the court
  5 19 may order a physical or mental examination of the child's
  5 20 parent, guardian, or custodian if the person's ability to care
  5 21 for the child is at issue.  If reasonable cause exists to
  5 22 believe that the child or the child's parent, guardian, or
  5 23 custodian is affected by chemical dependency, the order must
  5 24 require a medically relevant test or a chemical dependency
  5 25 evaluation.
  5 26    Code section 232.102, relating to dispositions following a
  5 27 CINA adjudication, is amended.  The bill provides that if
  5 28 evidence exists that the child's parent, guardian, or
  5 29 custodian is affected by chemical dependency and that the
  5 30 dependency is a contributing factor to the CINA adjudication,
  5 31 the court is prohibited from allowing the child to remain at
  5 32 home with the parent, guardian, or custodian.  The court is
  5 33 authorized to impose terms and conditions for the parent,
  5 34 guardian, or custodian to address the chemical dependency.
  5 35 Until the court determines that the parent, guardian, or
  6  1 custodian is no longer affected by the chemical dependency,
  6  2 the child cannot be ordered to return home and requirements
  6  3 for making reasonable efforts to preserve and unify the family
  6  4 are not to be considered appropriate or possible.
  6  5    Code section 232.107, relating to parent visitation of a
  6  6 child who is removed from the home due to evidence indicating
  6  7 the presence of an illegal drug in the child's body, is
  6  8 amended.  The bill expands the scope of the law to also
  6  9 include a child removed due to evidence that the child's
  6 10 parent, guardian, or custodian is affected by chemical
  6 11 dependency and this dependency is a contributing factor to the
  6 12 CINA adjudication.  
  6 13 LSB 1729HH 79
  6 14 jp/pj/5.1
     

Text: HF00337                           Text: HF00339
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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