232.83  Child sexual abuse involving a person not responsible for the care of the child.

1.  A complaint related to circumstances involving a child who is alleged to be a victim of an offense defined in chapter 709, 726, or 728 and an alleged offender who is not a person responsible for the care of the child shall be handled pursuant to section 232.81.

2.  Anyone authorized to conduct a preliminary investigation in response to a complaint may apply for, or the court on its own motion may enter an ex parte order authorizing a physician or hospital to conduct an outpatient physical examination or authorizing a physician, a psychologist certified under section 154B.7, or a community mental health center accredited pursuant to chapter 230A to conduct an outpatient mental examination of a child if necessary to identify the nature, extent, and causes of any injuries, emotional damage, or other such needs of a child as specified in section 232.2, subsection 6, paragraph "c", "e", or "f", provided that all of the following apply:

a.  The parent, guardian, or legal custodian is absent, or though present, was asked and refused to authorize the examination.

b.  There is not enough time to file a petition and hold a hearing under this chapter.

c.  The parent, guardian, or legal custodian has not provided care and treatment related to their child's alleged victimization.

Section History: Recent form

  88 Acts, ch 1252, §2

Internal References

  Referred to in § 709.13


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