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 physician assistant or hospital to conduct an outpatient physical examination or authorizing a physician or physician assistant, 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 232.96A, subsection 3, 5, or 6, 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.
88 Acts, ch 1252, §2; 2022 Acts, ch 1066, §35; 2022 Acts, ch 1098, §77
Referred to in §709.13
For future amendment to subsection 2, unnumbered paragraph 1, effective July 1, 2025, see 2024 Acts, ch 1161, §98, 137