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