Text: HF02112 Text: HF02114 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 232.78, subsection 1, paragraph b, Code
1 2 Supplement 2001, is amended by adding the following new
1 3 subparagraph:
1 4 NEW SUBPARAGRAPH. (3) It has been reported or alleged
1 5 that a person responsible for the care of the child abused the
1 6 child, such person resides with the child, and the child's
1 7 parent, guardian, or custodian is cohabiting with an
1 8 individual to whom the parent, guardian, or custodian is not
1 9 married, while the child is present in the household.
1 10 EXPLANATION
1 11 This bill relates to an ex parte order for temporary
1 12 removal of a child under Code section 232.78 in cases
1 13 involving the presence of a person who is cohabiting with the
1 14 child's parent, guardian, or custodian.
1 15 In current law, Code section 232.78 provides that the
1 16 juvenile court may enter an ex parte order for temporary
1 17 removal of a child if these circumstances are present: the
1 18 person responsible for the care of the child is absent, or
1 19 refused to consent to the removal of the child or there is
1 20 reasonable cause to believe that a request for consent would
1 21 further endanger the child, or there is reasonable cause to
1 22 believe that a request for consent will cause the parent,
1 23 guardian, or legal custodian to take flight with the child;
1 24 and it appears that the child's immediate removal is necessary
1 25 to avoid imminent danger to the child's life or health.
1 26 The bill provides that the circumstances or conditions
1 27 indicating the presence of such imminent danger include cases
1 28 in which it has been reported or alleged that a person
1 29 responsible for the care of the child abused the child, the
1 30 person resides with the child, and the child's parent,
1 31 guardian, or custodian is cohabiting with an individual to
1 32 whom the parent, guardian, or custodian is not married, while
1 33 the child is present in the household.
1 34 LSB 5481YH 79
1 35 jp/hk/91
Text: HF02112 Text: HF02114 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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