Senate File 2257 S-5139 Amend Senate File 2257 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 JUVENILE JUSTICE —— CONSTRUCTION AND DEFINITIONS 5 Section 1. Section 232.1, Code 2022, is amended to read as 6 follows: 7 232.1 Rules of construction. 8 This chapter shall be liberally construed to the end that 9 each child under the jurisdiction of the court shall receive, 10 preferably in the child’s own home, the care, guidance and 11 control that will best serve the child’s welfare and the best 12 interest of the state. When a child is removed from the 13 control of the child’s parents, the court shall secure the 14 least restrictive care for the child care as nearly as possible 15 equivalent to that which should have been given by the parents 16 child’s placement with a preference for placement with the 17 child’s family or a fictive kin . 18 Sec. 2. Section 232.2, subsection 6, Code 2022, is amended 19 by striking the subsection and inserting in lieu thereof the 20 following: 21 6. “Child in need of assistance” means a child who has been 22 found to meet the grounds for adjudication pursuant to section 23 232.96A. 24 Sec. 3. Section 232.2, subsection 9, Code 2022, is amended 25 to read as follows: 26 9. “Court appointed special advocate” means a person duly 27 certified by the child advocacy board created in section 28 237.16 for participation in the court appointed special 29 advocate program and appointed by the court to represent the 30 interests of a child in any judicial proceeding to which the 31 child is a party or is called as a witness or relating to any 32 dispositional order involving the child resulting from such 33 proceeding carry out duties pursuant to section 237.24 . 34 Sec. 4. Section 232.2, Code 2022, is amended by adding the 35 -1- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 1/ 47 #1.

following new subsections: 1 NEW SUBSECTION . 20A. “Fictive kin” means an adult person 2 who is not a relative of a child but who has an emotionally 3 positive significant relationship with the child or the child’s 4 family. 5 NEW SUBSECTION . 20B. “Foster care” means the provision of 6 parental nurturing, including but not limited to the furnishing 7 of food, lodging, training, education, supervision, treatment, 8 or other care, to a child on a full-time basis by a person, 9 including an adult relative or fictive kin of the child, and 10 where the child is under the placement, care, or supervision 11 of the department, juvenile court services, or tribes with 12 whom the department has entered into an agreement pursuant 13 to a court order or voluntary placement, but not including a 14 guardian of the child. 15 Sec. 5. Section 232.2, subsection 21, paragraph a, Code 16 2022, is amended to read as follows: 17 a. “Guardian” means a person who is not the parent of 18 a child, but who has been appointed by a court or juvenile 19 court having jurisdiction over the child, to have a permanent 20 self-sustaining relationship with the child and to make 21 important decisions which have a permanent effect on the life 22 and development of that child and to promote the general 23 welfare of that child. A guardian may be a court or a juvenile 24 court . Guardian does not mean conservator, as defined in 25 section 633.3 , although a person who is appointed to be a 26 guardian may also be appointed to be a conservator. 27 Sec. 6. Section 232.2, subsection 22, paragraph a, Code 28 2022, is amended to read as follows: 29 a. “Guardian ad litem” means a person appointed by the 30 court to represent the interests of a child in any judicial 31 proceeding to which the child is a party , and includes a court 32 appointed special advocate, except that a court appointed 33 special advocate shall not file motions or petitions pursuant 34 to section 232.54, subsection 1 , paragraphs “a” and “d” , section 35 -2- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 2/ 47

232.103, subsection 2 , paragraph “c” , and section 232.111 . 1 Sec. 7. Section 232.2, subsection 22, paragraph b, 2 unnumbered paragraph 1, Code 2022, is amended to read as 3 follows: 4 Unless otherwise enlarged or circumscribed after a finding 5 of good cause by a court or juvenile court having jurisdiction 6 over the child or by operation of law, the duties of a guardian 7 ad litem with respect to a child shall include the following: 8 Sec. 8. Section 232.2, subsection 22, paragraph b, Code 9 2022, is amended by adding the following new subparagraphs: 10 NEW SUBPARAGRAPH . (8) Submitting a written report to 11 the juvenile court and to each of the parties detailing 12 compliance with this subsection. If the guardian ad litem 13 is also appointed to represent the child as an attorney, the 14 written report shall contain an assessment of this dual role 15 and whether there is a need for the court to appoint a separate 16 guardian ad litem. A written report shall be submitted for 17 each court hearing unless otherwise ordered by the court. 18 NEW SUBPARAGRAPH . (9) Providing a sibling of a child 19 not placed with the child with the reasons why the child and 20 the sibling have not been placed together and an explanation 21 of the efforts being made to facilitate placement together 22 or why efforts to place the child and sibling together 23 are not appropriate. This subparagraph shall not apply if 24 the sibling’s age or mental state makes such explanations 25 inappropriate. 26 Sec. 9. Section 232.2, subsection 22, Code 2022, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . e. In determining the best interests of 29 the child, rather than relying solely on a guardian ad litem’s 30 life experiences or instinct, a guardian ad litem shall, with 31 the primary goal of achieving permanency for the child by 32 preserving the child’s family or reunifying the child with the 33 child’s family, do all of the following: 34 (1) Determine the child’s circumstances through a full, 35 -3- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 3/ 47

independent, and efficient investigation, including the 1 information gathered from the child’s medical, mental health, 2 and education professionals, social workers, other relevant 3 experts, and other sources obtained in accordance with this 4 subsection. 5 (2) Assess the child and the totality of the child’s 6 circumstances at the time of each placement determination, 7 including any potential trauma to the child that may be caused 8 by any recommended action. 9 (3) Examine all options available to the child in light of 10 the permanency plans. 11 (4) Incorporate a child’s expressed wishes in 12 recommendations and reports. 13 Sec. 10. Section 232.2, Code 2022, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 35A. “Neglect” means the failure on the 16 part of a person responsible for the care of a child to provide 17 for adequate food, shelter, clothing, medical or mental health 18 treatment, supervision, or other care necessary for the child’s 19 health and welfare when financially able to do so or when 20 offered financial or other reasonable means to do so. 21 Sec. 11. Section 232.2, subsection 42, Code 2022, is amended 22 to read as follows: 23 42. “Physical abuse or neglect” or “abuse or neglect” 24 “Physical abuse” means any nonaccidental physical injury 25 suffered by a child as the result of the acts or omissions of 26 the child’s parent, guardian, or custodian or other person 27 legally responsible for the child. 28 Sec. 12. Section 232.2, Code 2022, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 045A. “Putative father” means a person who 31 has been identified by the mother of a child as the child’s 32 potential biological father or a person who claims to be the 33 biological father of a child and who was not married to the 34 child’s mother at the time of the child’s birth, when all of 35 -4- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 4/ 47

the following circumstances apply: 1 a. Biological testing has not excluded the person as the 2 child’s biological father. 3 b. No legal father has been established, biological 4 testing excludes the previously identified father, or previous 5 paternity has otherwise been disestablished. 6 c. Information sufficient to identify and find the person 7 has been provided to the county attorney by the mother, the 8 person, or a party to proceedings under this chapter. 9 d. The person has not been found by a court to be 10 uncooperative with genetic testing. 11 Sec. 13. Section 232.2, subsection 46A, Code 2022, is 12 amended by striking the subsection and inserting in lieu 13 thereof the following: 14 46A. “Relative” means an individual related to a child 15 within the fourth degree of consanguinity or affinity, by 16 marriage, or through adoption. For purposes of subchapters III 17 and IV, “relative” includes the parent of a sibling of the child 18 if the sibling’s parent’s parental rights were not previously 19 terminated in relation to the child. 20 Sec. 14. Section 232.2, subsection 52, Code 2022, is amended 21 to read as follows: 22 52. “Sibling” means an individual who is related to 23 another individual by blood, adoption, or affinity through a 24 common legal or biological parent , regardless of whether a 25 common legal or biological parent’s parental rights have been 26 terminated . 27 Sec. 15. Section 232.3, subsection 1, Code 2022, is amended 28 to read as follows: 29 1. During the pendency of an action under this chapter , a 30 party to the action is estopped from litigating concurrently 31 the custody, guardianship, or placement of a child who 32 is the subject of the action, in a court other than the 33 juvenile court. A district judge, district associate judge, 34 magistrate, or judicial hospitalization referee, upon notice 35 -5- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 5/ 47

of the pendency of an action under this chapter , shall not 1 issue an order, finding, or decision relating to the custody, 2 guardianship, or placement of the child who is the subject of 3 the action, under any law, including but not limited to chapter 4 232D, 598, 598B , or 633 . 5 DIVISION II 6 JUVENILE DELINQUENCY PROCEEDINGS —— TAKING A CHILD INTO CUSTODY 7 Sec. 16. Section 232.19, subsection 1, paragraph c, Code 8 2022, is amended to read as follows: 9 c. By a peace officer, when the peace officer has 10 reasonable grounds to believe the child has run away from the 11 child’s parents, guardian, or custodian, for the purposes 12 of determining whether the child shall be reunited with the 13 child’s parents, guardian, or custodian , or placed in shelter 14 care , or, if the child is a chronic runaway and the county has 15 an approved county runaway treatment plan, placed in a runaway 16 assessment center under section 232.196 . 17 DIVISION III 18 JUVENILE DELINQUENCY PROCEEDINGS —— JUDICIAL PROCEEDINGS 19 Sec. 17. Section 232.37, subsection 4, Code 2022, is amended 20 to read as follows: 21 4. Service of summons or notice shall be made personally 22 by the sheriff by delivering a copy of the summons or notice 23 to the person being served. If the court determines that 24 personal service of a summons or notice is impracticable, the 25 court may order service by certified mail addressed to the last 26 known address, by publication, or by electronic mail or other 27 electronic means with the consent of the party to be served. 28 Service of summons or notice shall be made not less than five 29 days before the time fixed for hearing. Service of summons, 30 notice, subpoenas or other process, after an initial valid 31 summons or notice, shall be made in accordance with the rules 32 of the court governing such service in civil actions. 33 Sec. 18. Section 232.57, subsection 2, paragraphs d, e, f, 34 and g, Code 2022, are amended to read as follows: 35 -6- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 6/ 47

d. The parent has been convicted of the murder of another 1 child of the parent . 2 e. The parent has been convicted of the voluntary 3 manslaughter of another child of the parent . 4 f. The parent has been convicted of aiding or abetting, 5 attempting, conspiring in, or soliciting the commission of 6 the murder or voluntary manslaughter of another child of the 7 parent . 8 g. The parent has been convicted of a felony assault which 9 resulted in serious bodily injury of the child or of another 10 child of the parent . 11 DIVISION IV 12 CHILD IN NEED OF ASSISTANCE PROCEEDINGS —— CHILD ABUSE 13 REPORTING, ASSESSMENT, AND REHABILITATION 14 Sec. 19. Section 232.67, Code 2022, is amended to read as 15 follows: 16 232.67 Legislative findings —— purpose and policy. 17 Children in this state are in urgent need of protection 18 from abuse. It is the purpose and policy of this part 2 of 19 subchapter III to provide the greatest possible protection 20 to victims or potential victims of abuse through encouraging 21 the increased reporting of suspected cases of abuse, ensuring 22 the thorough and prompt assessment of these reports, and 23 providing rehabilitative services, where appropriate and 24 whenever possible to abused children and their families which 25 will stabilize the home environment so that the family can 26 remain intact without further danger to the child. The state 27 recognizes removing a child from the child’s family will cause 28 the child harm and that the harm caused by a child’s removal 29 must be weighed against the potential harm in allowing a child 30 to remain with the child’s family. 31 Sec. 20. Section 232.68, subsection 2, paragraph a, 32 subparagraph (4), subparagraph division (a), Code 2022, is 33 amended to read as follows: 34 (a) The failure on the part of a person responsible for 35 -7- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 7/ 47

the care of a child to provide for the adequate food, shelter, 1 clothing, medical or mental health treatment, supervision, or 2 other care necessary for the child’s health and welfare when 3 financially able to do so or when offered financial or other 4 reasonable means to do so and the failure occurred within five 5 years of a report . 6 Sec. 21. Section 232.68, subsection 2, paragraph a, 7 subparagraph (7), Code 2022, is amended to read as follows: 8 (7) The person responsible for the care of a child, 9 in the presence of a child, as defined in section 232.2, 10 subsection 6 , paragraph “p” 232.96A, subsection 16, paragraph 11 “e” , unlawfully uses, possesses, manufactures, cultivates, 12 or distributes a dangerous substance, as defined in section 13 232.2, subsection 6 , paragraph “p” 232.96A, subsection 16, 14 paragraph “f” , or knowingly allows such use, possession, 15 manufacture, cultivation, or distribution by another person in 16 the presence of a child; possesses a product with the intent 17 to use the product as a precursor or an intermediary to a 18 dangerous substance in the presence of a child; or unlawfully 19 uses, possesses, manufactures, cultivates, or distributes a 20 dangerous substance specified in section 232.2, subsection 6 , 21 paragraph “p” , subparagraph (2), subparagraph division (a), 22 (b), or (c) 232.96A, subsection 16, paragraph “f” , subparagraph 23 (1), (2), or (3) , in a child’s home, on the premises, or in a 24 motor vehicle located on the premises and the incident occurred 25 within five years of a report to the department . 26 Sec. 22. Section 232.70, subsection 1, Code 2022, is amended 27 by striking the subsection and inserting in lieu thereof the 28 following: 29 1. Each report made by a mandatory reporter, as defined 30 in section 232.69, subsection 1, or a permissive reporter, as 31 defined in section 232.69, subsection 2, shall be oral. 32 Sec. 23. Section 232.71B, subsection 11, Code 2022, is 33 amended to read as follows: 34 11. Multidisciplinary team. In each county or multicounty 35 -8- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 8/ 47

area in which more than fifty child abuse reports are made 1 per year, the department shall establish a multidisciplinary 2 team, as defined in section 235A.13, subsection 8 . Upon the 3 department’s request, a multidisciplinary team shall assist 4 the department in the assessment, diagnosis, and disposition 5 of a child abuse assessment and the subsequent provision of 6 services . 7 DIVISION V 8 CHILD IN NEED OF ASSISTANCE PROCEEDINGS —— TEMPORARY CUSTODY 9 OF A CHILD 10 Sec. 24. Section 232.78, subsection 1, paragraph b, Code 11 2022, is amended to read as follows: 12 b. It appears The court has found that substantial evidence 13 exists to demonstrate that the need for removal outweighs the 14 potential harm removal of the child would cause the child, 15 including but not limited to any physical, emotional, social, 16 and mental trauma the removal may cause the child. 17 c. The court finds that the child’s immediate removal 18 is necessary to avoid imminent danger to the child’s life 19 or health. The circumstances or conditions indicating the 20 presence of such imminent danger shall include but are not 21 limited to any of the following: 22 (1) The refusal or failure of the person responsible for 23 the care of the child to comply with the request of a peace 24 officer, juvenile court officer, or child protection worker 25 for such person to obtain and provide to the requester the 26 results of a physical or mental examination of the child. The 27 request for a physical examination of the child may specify the 28 performance of a medically relevant test. 29 (2) The refusal or failure of the person responsible for 30 the care of the child or a person present in the person’s home 31 to comply with a request of a peace officer, juvenile court 32 officer, or child protection worker for such a person to submit 33 to and provide to the requester the results of a medically 34 relevant test of the person. 35 -9- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 9/ 47

Sec. 25. Section 232.78, subsection 7, Code 2022, is amended 1 to read as follows: 2 7. Any order entered under this section authorizing 3 temporary removal of a child must include both all of the 4 following: 5 a. A determination made by the court that continuation 6 of the child in the child’s home would be contrary to the 7 welfare of the child. Such a determination must be made on a 8 case-by-case basis. The grounds for the court’s determination 9 must be explicitly documented and stated in the order. 10 However, preserving the safety of the child must be the court’s 11 paramount consideration. If imminent danger to the child’s 12 life or health exists at the time of the court’s consideration, 13 the determination shall not be a prerequisite to the removal 14 of the child. 15 b. A determination made by the court that the necessity 16 of the removal of the child from the child’s home, due to an 17 imminent risk to the child’s life or health, is greater than 18 the potential harm including but not limited to physical, 19 emotional, social, and mental trauma the removal may cause the 20 child. 21 b. c. A statement informing the child’s parent that the 22 consequences of a permanent removal may include termination of 23 the parent’s rights with respect to the child. 24 Sec. 26. Section 232.78, Code 2022, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 8. a. If the juvenile court determines 27 that the child should be temporarily removed from the child’s 28 home under this section, the court shall consider placing the 29 child in the custody of another parent of the child. If the 30 juvenile court determines placing custody of the child with any 31 of the child’s parents is not in the child’s best interests, 32 the child’s custody shall be transferred to the department for 33 placement of the child in any of the following categories in 34 the following order of priority: 35 -10- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 10/ 47

(1) An adult relative of the child including but not limited 1 to adult siblings and parents of siblings. 2 (2) A fictive kin. 3 (3) Any other suitable placement identified by the child’s 4 relatives. 5 (4) An individual licensed to provide foster care pursuant 6 to chapter 237. If the child is placed with a licensed foster 7 care provider, the department shall assign decision-making 8 authority to the foster care provider for the purpose of 9 applying the reasonable and prudent parent standard during the 10 child’s placement. 11 (5) A group care facility, shelter care facility, or other 12 residential treatment facility. 13 b. (1) If the court places custody of the child with the 14 department pursuant to paragraph “a” , the court may identify a 15 category listed in paragraph “a” for placement of the child, but 16 the department shall have the authority to select the specific 17 person or facility within that category for placement, subject 18 to court review at the request of an interested party. 19 (2) The court shall give deference to the department’s 20 decision for placement of a child. A party opposed to the 21 department’s placement of a child shall have the burden 22 to prove the department failed to act in the child’s best 23 interests by unreasonably or irresponsibly failing to discharge 24 its duties in selecting a suitable placement for the child. 25 c. A juvenile court shall not order placement of a child 26 in a category listed in paragraph “a” , subparagraph (2), (3), 27 (4), or (5), without a specific finding that placement with a 28 relative is not in the child’s best interests and shall provide 29 reasons for the court’s finding. 30 Sec. 27. Section 232.79, subsection 2, Code 2022, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . 0c. Make every reasonable effort to place 33 the child with an adult relative or a fictive kin of the child. 34 Sec. 28. Section 232.79A, Code 2022, is amended to read as 35 -11- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 11/ 47

follows: 1 232.79A Children without adult supervision. 2 If a peace officer determines that a child does not have 3 adult supervision because the child’s parent, guardian, or 4 other person responsible for the care of the child has been 5 arrested and detained or has been unexpectedly incapacitated, 6 and that no adult who is legally responsible for the care 7 of the child can be located within a reasonable period of 8 time, the peace officer shall attempt to place the child with 9 an adult relative of the child , an adult person who cares 10 for the child, or another adult person who is known to the 11 child or a fictive kin . The person with whom the child is 12 placed is authorized to give consent for emergency medical 13 treatment of the child and shall not be held liable for any 14 action arising from giving the consent. Upon the request 15 of the peace officer, the department shall assist in making 16 the placement. The placement shall not exceed a period of 17 twenty-four hours and shall be terminated when a person who 18 is legally responsible for the care of the child is located 19 and takes custody of the child. If a person who is legally 20 responsible for the care of the child cannot be located within 21 the twenty-four hour period or a placement in accordance with 22 this section is unavailable, the provisions of section 232.79 23 shall apply. If the person with whom the child is placed 24 charges a fee for the care of the child, the fee shall be paid 25 from funds provided in the appropriation to the department for 26 protective child care. 27 Sec. 29. NEW SECTION . 232.79B Safety plans. 28 1. For the purposes of this section, “safety plan” means 29 a short-term, time-limited agreement entered into between the 30 department and a child’s parent designed to address signs of 31 imminent or impending danger to a child identified by the 32 department. 33 2. Upon the department’s determination that potential harm 34 to a child may be mitigated by the development of a safety 35 -12- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 12/ 47

plan, the department may enter into a safety plan with the 1 child’s parent. 2 3. A safety plan shall not be construed as a removal from 3 parental custody absent a court order placing the child with a 4 person or facility other than the parent who entered into the 5 safety plan. 6 4. The department shall adopt rules to implement this 7 section. 8 Sec. 30. Section 232.82, Code 2022, is amended to read as 9 follows: 10 232.82 Removal of sexual offenders , and physical abusers , and 11 domestic abusers from the residence pursuant to court order. 12 1. Notwithstanding section 561.15 , if it is alleged by 13 a person authorized to file a petition under section 232.87, 14 subsection 2 , or by the court on its own motion, that a parent, 15 guardian, custodian, or an adult member of the household in 16 which a child resides has committed a sexual offense with or 17 against the child, pursuant to chapter 709 or section 726.2 , or 18 a physical abuse as defined by in section 232.2, subsection 42 , 19 or domestic abuse assault as defined in section 708.2A, against 20 the child or another household member at a location or in a 21 manner a reasonably prudent person would know the child could 22 see, hear, or otherwise experience, the juvenile court may 23 enter an ex parte order requiring the alleged sexual offender , 24 or physical abuser , or domestic abuser to vacate the child’s 25 residence upon a showing that probable cause exists to believe 26 that the sexual offense , or physical abuse , or domestic abuse 27 has occurred and that substantial evidence exists to believe 28 that the presence of the alleged sexual offender , or physical 29 abuser , or domestic abuser in the child’s residence presents a 30 danger to the child’s life or physical, emotional, or mental 31 health. 32 2. If an order is entered under subsection 1 and a petition 33 has not yet been filed under this chapter , the petition shall 34 be filed under section 232.87 by the county attorney, the 35 -13- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 13/ 47

department of human services, or a juvenile court officer 1 within three days of the entering of the order. 2 3. The juvenile court may order on its own motion, or 3 shall order upon the request of the alleged sexual offender , 4 or physical abuser, or domestic abuser a hearing to determine 5 whether the order to vacate the residence should be upheld, 6 modified, or vacated. The hearing shall be held within thirty 7 days of removal of the alleged sexual offender, physical 8 abuser, or domestic abuser from the residence. The juvenile 9 court may in any later child in need of assistance proceeding 10 uphold, modify, or vacate the order to vacate the residence. 11 Sec. 31. Section 232.84, subsection 2, Code 2022, is amended 12 to read as follows: 13 2. Within Unless the custody of a child is transferred 14 from one of the child’s parents to another parent of the 15 child, within thirty days after the entry of an order under 16 this chapter transferring custody of a child to an agency for 17 placement removing a child from the custody of a parent or 18 parents of the child , the agency department shall exercise due 19 diligence in identifying and providing notice to the child’s 20 grandparents, aunts, uncles, adult siblings, parents of the 21 child’s siblings, and adult relatives suggested by the child’s 22 parents, subject to exceptions due to the presence of family or 23 domestic violence. 24 Sec. 32. Section 232.84, Code 2022, is amended by adding the 25 following new subsections: 26 NEW SUBSECTION . 4. The agency may share information as 27 necessary to explore a child’s potential placement with any 28 adult relative who may receive notice pursuant to subsection 2. 29 NEW SUBSECTION . 5. If an adult relative entitled to notice 30 pursuant to subsection 2 is later discovered by or identified 31 to the department, the department shall provide notice to that 32 relative within thirty days of that relative becoming known to 33 the department. 34 Sec. 33. NEW SECTION . 232.96A Child in need of assistance 35 -14- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 14/ 47

adjudication. 1 The court may adjudicate a child in need of assistance 2 if such child is unmarried and meets any of the following 3 requirements: 4 1. The child’s parent, guardian, or other custodian has 5 abandoned or deserted the child. 6 2. The child’s parent, guardian, other custodian, or 7 other member of the household in which the child resides has 8 physically abused or neglected the child, or is imminently 9 likely to physically abuse or neglect the child. 10 3. The child has suffered or is imminently likely to suffer 11 harmful effects as a result of any of the following: 12 a. Mental injury caused by the acts of the child’s parent, 13 guardian, or custodian. 14 b. The failure of the child’s parent, guardian, custodian, 15 or other member of the household in which the child resides to 16 exercise a reasonable degree of care in supervising the child. 17 c. The child’s parent, guardian, custodian, or person 18 responsible for the care of a child as defined in section 19 232.68, has knowingly disseminated or exhibited obscene 20 material, as defined in section 728.1, to the child. 21 4. The child has been, or is imminently likely to be, 22 sexually abused by the child’s parent, guardian, custodian, or 23 other member of the household in which the child resides. 24 5. The child is in need of medical treatment to cure, 25 alleviate, or prevent serious physical injury or illness and 26 whose parent, guardian, or custodian is unwilling or unable to 27 provide such treatment. 28 6. The child is in need of treatment to cure or alleviate 29 serious mental illness or disorder, or emotional damage 30 as evidenced by severe anxiety, depression, withdrawal, or 31 untoward aggressive behavior toward the child’s self or others 32 and the child’s parent, guardian, or custodian is unwilling to 33 provide such treatment. 34 7. The child’s parent, guardian, or custodian fails to 35 -15- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 15/ 47

exercise a minimal degree of care in supplying the child with 1 adequate food, clothing, or shelter and refuses other means 2 made available to provide such essentials. 3 8. The child has committed a delinquent act as a result 4 of pressure, guidance, or approval from a parent, guardian, 5 custodian, or other member of the household in which the child 6 resides. 7 9. The child has been the subject of or a party to sexual 8 activities for hire or who poses for live display or for 9 photographic or other means of pictorial reproduction or 10 display which is designed to appeal to the prurient interest, 11 is patently offensive, and taken as a whole, lacks serious 12 literary, scientific, political, or artistic value. 13 10. The child is without a parent, guardian, or other 14 custodian. 15 11. The child’s parent, guardian, or other custodian for 16 good cause desires to be relieved of the child’s care and 17 custody. 18 12. The child for good cause desires to have the child’s 19 parents relieved of the child’s care and custody. 20 13. The child is in need of treatment to cure or alleviate 21 chemical dependency and whose parent, guardian, or custodian is 22 unwilling or unable to provide such treatment. 23 14. The child’s parent, guardian, or custodian suffers 24 from a mental incapacity, a mental condition, imprisonment, or 25 drug or alcohol abuse that results in the child not receiving 26 adequate care or being imminently likely not to receive 27 adequate care. 28 15. The child’s body has an illegal drug present as a 29 direct and foreseeable consequence of the acts or omissions of 30 the child’s parent, guardian, or custodian. The presence of 31 the drug shall be determined in accordance with a medically 32 relevant test as defined in section 232.73. 33 16. The child’s parent, guardian, custodian, or other adult 34 member of the household in which a child resides does any of 35 -16- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 16/ 47

the following: 1 a. Unlawfully uses, possesses, manufactures, cultivates, or 2 distributes a dangerous substance in the presence of the child. 3 b. Knowingly allows the use, possession, manufacture, 4 cultivation, or distribution of a dangerous substance by 5 another person in the presence of the child. 6 c. Possesses a product with the intent to use the product as 7 a precursor or an intermediary to a dangerous substance in the 8 presence of the child. 9 d. Unlawfully uses, possesses, manufactures, cultivates, 10 or distributes a dangerous substance listed in paragraph “f” , 11 subparagraph (1), (2), or (3), in the child’s home, on the 12 premises, or in a motor vehicle located on the premises. 13 e. For the purposes of this subsection, “ in the presence of 14 a child” means in the physical presence of a child or occurring 15 under other circumstances in which a reasonably prudent person 16 would know that the use, possession, manufacture, cultivation, 17 or distribution of a dangerous substance may be seen, smelled, 18 ingested, or heard by a child. 19 f. For the purposes of this subsection, “dangerous 20 substance” means any of the following: 21 (1) Amphetamine, its salts, isomers, or salts of its 22 isomers. 23 (2) Methamphetamine, its salts, isomers, or salts of its 24 isomers. 25 (3) A chemical or combination of chemicals that poses a 26 reasonable risk of causing an explosion, fire, or other danger 27 to the life or health of persons who are in the vicinity while 28 the chemical or combination of chemicals is used or is intended 29 to be used in any of the following: 30 (a) The process of manufacturing an illegal or controlled 31 substance. 32 (b) As a precursor in the manufacturing of an illegal or 33 controlled substance. 34 (c) As an intermediary in the manufacturing of an illegal 35 -17- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 17/ 47

or controlled substance. 1 (4) Cocaine, its salts, isomers, salts of its isomers, or 2 derivatives. 3 (5) Heroin, its salts, isomers, salts of its isomers, or 4 derivatives. 5 (6) Opium and opiate, and any salt, compound, derivative, or 6 preparation of opium or opiate. 7 17. The child is a newborn infant whose parent has 8 voluntarily released custody of the child in accordance with 9 chapter 233. 10 DIVISION VI 11 CHILD IN NEED OF ASSISTANCE PROCEEDINGS —— JUDICIAL PROCEEDINGS 12 Sec. 34. Section 232.89, subsection 1, Code 2022, is amended 13 to read as follows: 14 1. Upon the filing of a petition the parent, guardian, 15 putative father, or custodian identified in the petition 16 shall have the right to counsel in connection with all 17 subsequent hearings and proceedings. If that person desires 18 but is financially unable to employ counsel, the court shall 19 appoint counsel. A putative father is not a necessary party 20 to a proceeding until the putative father’s paternity is 21 established. 22 Sec. 35. Section 232.89, subsection 2, paragraph a, Code 23 2022, is amended to read as follows: 24 a. If the child is represented by counsel and the court 25 determines there is a conflict of interest between the child 26 and the child’s parent, guardian, putative father, or custodian 27 and that the retained counsel could not properly represent the 28 child as a result of the conflict, the court shall appoint 29 other counsel to represent the child, who shall be compensated 30 pursuant to the provisions of subsection 3 . 31 Sec. 36. Section 232.89, subsection 4, Code 2022, is amended 32 to read as follows: 33 4. The same person may serve both as the child’s counsel 34 and as guardian ad litem. However, the court may appoint a 35 -18- SF 2257.4389 (1) 89 (amending this SF 2257 to CONFORM to HF 2507) dg/rh 18/ 47