House File 2507 - Enrolled House File 2507 AN ACT RELATING TO JUVENILE JUSTICE INCLUDING JUVENILE DELINQUENCY, CHILD IN NEED OF ASSISTANCE AND FAMILY IN NEED OF ASSISTANCE PROCEEDINGS, JUVENILE JUSTICE REFORM, AND JUVENILE COURT EXPENSES AND COSTS, AND INCLUDING EFFECTIVE DATE, APPLICABILITY, AND RETROACTIVE APPLICABILITY PROVISIONS, AND MAKING APPROPRIATIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: DIVISION I JUVENILE JUSTICE —— CONSTRUCTION AND DEFINITIONS Section 1. Section 232.1, Code 2022, is amended to read as follows: 232.1 Rules of construction. This chapter shall be liberally construed to the end that each child under the jurisdiction of the court shall receive, preferably in the child’s own home, the care, guidance and control that will best serve the child’s welfare and the best interest of the state. When a child is removed from the control of the child’s parents, the court shall secure the least restrictive care for the child care as nearly as possible equivalent to that which should have been given by the parents child’s placement with a preference for placement with the child’s family or a fictive kin . Sec. 2. Section 232.2, subsection 6, Code 2022, is amended by striking the subsection and inserting in lieu thereof the following:

House File 2507, p. 2 6. “Child in need of assistance” means a child who has been found to meet the grounds for adjudication pursuant to section 232.96A. Sec. 3. Section 232.2, subsection 9, Code 2022, is amended to read as follows: 9. “Court appointed special advocate” means a person duly certified by the child advocacy board created in section 237.16 for participation in the court appointed special advocate program and appointed by the court to represent the interests of a child in any judicial proceeding to which the child is a party or is called as a witness or relating to any dispositional order involving the child resulting from such proceeding carry out duties pursuant to section 237.24 . Sec. 4. Section 232.2, Code 2022, is amended by adding the following new subsections: NEW SUBSECTION . 20A. “Fictive kin” means an adult person who is not a relative of a child but who has an emotionally positive significant relationship with the child or the child’s family. NEW SUBSECTION . 20B. “Foster care” means the provision of parental nurturing, including but not limited to the furnishing of food, lodging, training, education, supervision, treatment, or other care, to a child on a full-time basis by a person, including an adult relative or fictive kin of the child, and where the child is under the placement, care, or supervision of the department, juvenile court services, or tribes with whom the department has entered into an agreement pursuant to a court order or voluntary placement, but not including a guardian of the child. Sec. 5. Section 232.2, subsection 21, paragraph a, Code 2022, is amended to read as follows: a. “Guardian” means a person who is not the parent of a child, but who has been appointed by a court or juvenile court having jurisdiction over the child, to have a permanent self-sustaining relationship with the child and to make important decisions which have a permanent effect on the life and development of that child and to promote the general welfare of that child. A guardian may be a court or a juvenile court . Guardian does not mean conservator, as defined in

House File 2507, p. 3 section 633.3 , although a person who is appointed to be a guardian may also be appointed to be a conservator. Sec. 6. Section 232.2, subsection 22, paragraph a, Code 2022, is amended to read as follows: a. “Guardian ad litem” means a person appointed by the court to represent the interests of a child in any judicial proceeding to which the child is a party , and includes a court appointed special advocate, except that a court appointed special advocate shall not file motions or petitions pursuant to section 232.54, subsection 1 , paragraphs “a” and “d” , section 232.103, subsection 2 , paragraph “c” , and section 232.111 . Sec. 7. Section 232.2, subsection 22, paragraph b, unnumbered paragraph 1, Code 2022, is amended to read as follows: Unless otherwise enlarged or circumscribed after a finding of good cause by a court or juvenile court having jurisdiction over the child or by operation of law, the duties of a guardian ad litem with respect to a child shall include the following: Sec. 8. Section 232.2, subsection 22, paragraph b, Code 2022, is amended by adding the following new subparagraphs: NEW SUBPARAGRAPH . (8) Submitting a written report to the juvenile court and to each of the parties detailing compliance with this subsection. If the guardian ad litem is also appointed to represent the child as an attorney, the written report shall contain an assessment of this dual role and whether there is a need for the court to appoint a separate guardian ad litem. A written report shall be submitted for each court hearing unless otherwise ordered by the court. NEW SUBPARAGRAPH . (9) Providing a sibling of a child not placed with the child with the reasons why the child and the sibling have not been placed together and an explanation of the efforts being made to facilitate placement together or why efforts to place the child and sibling together are not appropriate. This subparagraph shall not apply if the sibling’s age or mental state makes such explanations inappropriate. Sec. 9. Section 232.2, subsection 22, Code 2022, is amended by adding the following new paragraph:

House File 2507, p. 4 NEW PARAGRAPH . e. In determining the best interests of the child, rather than relying solely on a guardian ad litem’s life experiences or instinct, a guardian ad litem shall, with the primary goal of achieving permanency for the child by preserving the child’s family or reunifying the child with the child’s family, do all of the following: (1) Determine the child’s circumstances through a full, independent, and efficient investigation, including the information gathered from the child’s medical, mental health, and education professionals, social workers, other relevant experts, and other sources obtained in accordance with this subsection. (2) Assess the child and the totality of the child’s circumstances at the time of each placement determination, including any potential trauma to the child that may be caused by any recommended action. (3) Examine all options available to the child in light of the permanency plans. (4) Incorporate a child’s expressed wishes in recommendations and reports. Sec. 10. Section 232.2, Code 2022, is amended by adding the following new subsection: NEW SUBSECTION . 35A. “Neglect” means the failure on the part of a person responsible for the care of a child to provide for adequate food, shelter, clothing, medical or mental health treatment, supervision, or other care necessary for the child’s health and welfare when financially able to do so or when offered financial or other reasonable means to do so. Sec. 11. Section 232.2, subsection 42, Code 2022, is amended to read as follows: 42. “Physical abuse or neglect” or “abuse or neglect” “Physical abuse” means any nonaccidental physical injury suffered by a child as the result of the acts or omissions of the child’s parent, guardian, or custodian or other person legally responsible for the child. Sec. 12. Section 232.2, Code 2022, is amended by adding the following new subsection: NEW SUBSECTION . 045A. “Putative father” means a person who has been identified by the mother of a child as the child’s

House File 2507, p. 5 potential biological father or a person who claims to be the biological father of a child and who was not married to the child’s mother at the time of the child’s birth, when all of the following circumstances apply: a. Biological testing has not excluded the person as the child’s biological father. b. No legal father has been established, biological testing excludes the previously identified father, or previous paternity has otherwise been disestablished. c. Information sufficient to identify and find the person has been provided to the county attorney by the mother, the person, or a party to proceedings under this chapter. d. The person has not been found by a court to be uncooperative with genetic testing. Sec. 13. Section 232.2, subsection 46A, Code 2022, is amended by striking the subsection and inserting in lieu thereof the following: 46A. “Relative” means an individual related to a child within the fourth degree of consanguinity or affinity, by marriage, or through adoption. For purposes of subchapters III and IV, “relative” includes the parent of a sibling of the child if the sibling’s parent’s parental rights were not previously terminated in relation to the child. Sec. 14. Section 232.2, subsection 52, Code 2022, is amended to read as follows: 52. “Sibling” means an individual who is related to another individual by blood, adoption, or affinity through a common legal or biological parent , regardless of whether a common legal or biological parent’s parental rights have been terminated . Sec. 15. Section 232.3, subsection 1, Code 2022, is amended to read as follows: 1. During the pendency of an action under this chapter , a party to the action is estopped from litigating concurrently the custody, guardianship, or placement of a child who is the subject of the action, in a court other than the juvenile court. A district judge, district associate judge, magistrate, or judicial hospitalization referee, upon notice of the pendency of an action under this chapter , shall not

House File 2507, p. 6 issue an order, finding, or decision relating to the custody, guardianship, or placement of the child who is the subject of the action, under any law, including but not limited to chapter 232D, 598, 598B , or 633 . DIVISION II JUVENILE DELINQUENCY PROCEEDINGS —— TAKING A CHILD INTO CUSTODY Sec. 16. Section 232.19, subsection 1, paragraph c, Code 2022, is amended to read as follows: c. By a peace officer, when the peace officer has reasonable grounds to believe the child has run away from the child’s parents, guardian, or custodian, for the purposes of determining whether the child shall be reunited with the child’s parents, guardian, or custodian , or placed in shelter care , or, if the child is a chronic runaway and the county has an approved county runaway treatment plan, placed in a runaway assessment center under section 232.196 . DIVISION III JUVENILE DELINQUENCY PROCEEDINGS —— JUDICIAL PROCEEDINGS Sec. 17. Section 232.37, subsection 4, Code 2022, is amended to read as follows: 4. Service of summons or notice shall be made personally by the sheriff by delivering a copy of the summons or notice to the person being served. If the court determines that personal service of a summons or notice is impracticable, the court may order service by certified mail addressed to the last known address, by publication, or by electronic mail or other electronic means with the consent of the party to be served. Service of summons or notice shall be made not less than five days before the time fixed for hearing. Service of summons, notice, subpoenas or other process, after an initial valid summons or notice, shall be made in accordance with the rules of the court governing such service in civil actions. Sec. 18. Section 232.57, subsection 2, paragraphs d, e, f, and g, Code 2022, are amended to read as follows: d. The parent has been convicted of the murder of another child of the parent . e. The parent has been convicted of the voluntary manslaughter of another child of the parent . f. The parent has been convicted of aiding or abetting,

House File 2507, p. 7 attempting, conspiring in, or soliciting the commission of the murder or voluntary manslaughter of another child of the parent . g. The parent has been convicted of a felony assault which resulted in serious bodily injury of the child or of another child of the parent . DIVISION IV CHILD IN NEED OF ASSISTANCE PROCEEDINGS —— CHILD ABUSE REPORTING, ASSESSMENT, AND REHABILITATION Sec. 19. Section 232.67, Code 2022, is amended to read as follows: 232.67 Legislative findings —— purpose and policy. Children in this state are in urgent need of protection from abuse. It is the purpose and policy of this part 2 of subchapter III to provide the greatest possible protection to victims or potential victims of abuse through encouraging the increased reporting of suspected cases of abuse, ensuring the thorough and prompt assessment of these reports, and providing rehabilitative services, where appropriate and whenever possible to abused children and their families which will stabilize the home environment so that the family can remain intact without further danger to the child. The state recognizes removing a child from the child’s family will cause the child harm and that the harm caused by a child’s removal must be weighed against the potential harm in allowing a child to remain with the child’s family. Sec. 20. Section 232.68, subsection 2, paragraph a, subparagraph (4), subparagraph division (a), Code 2022, is amended to read as follows: (a) The failure on the part of a person responsible for the care of a child to provide for the adequate food, shelter, clothing, medical or mental health treatment, supervision, or other care necessary for the child’s health and welfare when financially able to do so or when offered financial or other reasonable means to do so and the failure occurred within five years of a report . Sec. 21. Section 232.68, subsection 2, paragraph a, subparagraph (7), Code 2022, is amended to read as follows: (7) The person responsible for the care of a child,

House File 2507, p. 8 in the presence of a child, as defined in section 232.2, subsection 6 , paragraph “p” 232.96A, subsection 16, paragraph “e” , unlawfully uses, possesses, manufactures, cultivates, or distributes a dangerous substance, as defined in section 232.2, subsection 6 , paragraph “p” 232.96A, subsection 16, paragraph “f” , or knowingly allows such use, possession, manufacture, cultivation, or distribution by another person in the presence of a child; possesses a product with the intent to use the product as a precursor or an intermediary to a dangerous substance in the presence of a child; or unlawfully uses, possesses, manufactures, cultivates, or distributes a dangerous substance specified in section 232.2, subsection 6 , paragraph “p” , subparagraph (2), subparagraph division (a), (b), or (c) 232.96A, subsection 16, paragraph “f” , subparagraph (1), (2), or (3) , in a child’s home, on the premises, or in a motor vehicle located on the premises and the incident occurred within five years of a report to the department . Sec. 22. Section 232.70, subsection 1, Code 2022, is amended by striking the subsection and inserting in lieu thereof the following: 1. Each report made by a mandatory reporter, as defined in section 232.69, subsection 1, or a permissive reporter, as defined in section 232.69, subsection 2, shall be oral. Sec. 23. Section 232.71B, subsection 11, Code 2022, is amended to read as follows: 11. Multidisciplinary team. In each county or multicounty area in which more than fifty child abuse reports are made per year, the department shall establish a multidisciplinary team, as defined in section 235A.13, subsection 8 . Upon the department’s request, a multidisciplinary team shall assist the department in the assessment, diagnosis, and disposition of a child abuse assessment and the subsequent provision of services . DIVISION V CHILD IN NEED OF ASSISTANCE PROCEEDINGS —— TEMPORARY CUSTODY OF A CHILD Sec. 24. Section 232.78, subsection 1, paragraph b, Code 2022, is amended to read as follows: b. It appears The court has found that substantial evidence

House File 2507, p. 9 exists to demonstrate that the need for removal outweighs the potential harm removal of the child would cause the child, including but not limited to any physical, emotional, social, and mental trauma the removal may cause the child. c. The court finds that the child’s immediate removal is necessary to avoid imminent danger to the child’s life or health. The circumstances or conditions indicating the presence of such imminent danger shall include but are not limited to any of the following: (1) The refusal or failure of the person responsible for the care of the child to comply with the request of a peace officer, juvenile court officer, or child protection worker for such person to obtain and provide to the requester the results of a physical or mental examination of the child. The request for a physical examination of the child may specify the performance of a medically relevant test. (2) The refusal or failure of the person responsible for the care of the child or a person present in the person’s home to comply with a request of a peace officer, juvenile court officer, or child protection worker for such a person to submit to and provide to the requester the results of a medically relevant test of the person. Sec. 25. Section 232.78, subsection 7, Code 2022, is amended to read as follows: 7. Any order entered under this section authorizing temporary removal of a child must include both all of the following: a. A determination made by the court that continuation of the child in the child’s home would be contrary to the welfare of the child. Such a determination must be made on a case-by-case basis. The grounds for the court’s determination must be explicitly documented and stated in the order. However, preserving the safety of the child must be the court’s paramount consideration. If imminent danger to the child’s life or health exists at the time of the court’s consideration, the determination shall not be a prerequisite to the removal of the child. b. A determination made by the court that the necessity of the removal of the child from the child’s home, due to an

House File 2507, p. 10 imminent risk to the child’s life or health, is greater than the potential harm including but not limited to physical, emotional, social, and mental trauma the removal may cause the child. b. c. A statement informing the child’s parent that the consequences of a permanent removal may include termination of the parent’s rights with respect to the child. Sec. 26. Section 232.78, Code 2022, is amended by adding the following new subsection: NEW SUBSECTION . 8. a. If the juvenile court determines that the child should be temporarily removed from the child’s home under this section, the court shall consider placing the child in the custody of another parent of the child. If the juvenile court determines placing custody of the child with any of the child’s parents is not in the child’s best interests, the child’s custody shall be transferred to the department for placement of the child in any of the following categories in the following order of priority: (1) An adult relative of the child including but not limited to adult siblings and parents of siblings. (2) A fictive kin. (3) Any other suitable placement identified by the child’s relatives. (4) An individual licensed to provide foster care pursuant to chapter 237. If the child is placed with a licensed foster care provider, the department shall assign decision-making authority to the foster care provider for the purpose of applying the reasonable and prudent parent standard during the child’s placement. (5) A group care facility, shelter care facility, or other residential treatment facility. b. (1) If the court places custody of the child with the department pursuant to paragraph “a” , the court may identify a category listed in paragraph “a” for placement of the child, but the department shall have the authority to select the specific person or facility within that category for placement, subject to court review at the request of an interested party. (2) The court shall give deference to the department’s decision for placement of a child. A party opposed to the

House File 2507, p. 11 department’s placement of a child shall have the burden to prove the department failed to act in the child’s best interests by unreasonably or irresponsibly failing to discharge its duties in selecting a suitable placement for the child. c. A juvenile court shall not order placement of a child in a category listed in paragraph “a” , subparagraph (2), (3), (4), or (5), without a specific finding that placement with a relative is not in the child’s best interests and shall provide reasons for the court’s finding. Sec. 27. Section 232.79, subsection 2, Code 2022, is amended by adding the following new paragraph: NEW PARAGRAPH . 0c. Make every reasonable effort to place the child with an adult relative or a fictive kin of the child. Sec. 28. Section 232.79A, Code 2022, is amended to read as follows: 232.79A Children without adult supervision. If a peace officer determines that a child does not have adult supervision because the child’s parent, guardian, or other person responsible for the care of the child has been arrested and detained or has been unexpectedly incapacitated, and that no adult who is legally responsible for the care of the child can be located within a reasonable period of time, the peace officer shall attempt to place the child with an adult relative of the child , an adult person who cares for the child, or another adult person who is known to the child or a fictive kin . The person with whom the child is placed is authorized to give consent for emergency medical treatment of the child and shall not be held liable for any action arising from giving the consent. Upon the request of the peace officer, the department shall assist in making the placement. The placement shall not exceed a period of twenty-four hours and shall be terminated when a person who is legally responsible for the care of the child is located and takes custody of the child. If a person who is legally responsible for the care of the child cannot be located within the twenty-four hour period or a placement in accordance with this section is unavailable, the provisions of section 232.79 shall apply. If the person with whom the child is placed charges a fee for the care of the child, the fee shall be paid

House File 2507, p. 12 from funds provided in the appropriation to the department for protective child care. Sec. 29. NEW SECTION . 232.79B Safety plans. 1. For the purposes of this section, “safety plan” means a short-term, time-limited agreement entered into between the department and a child’s parent designed to address signs of imminent or impending danger to a child identified by the department. 2. Upon the department’s determination that potential harm to a child may be mitigated by the development of a safety plan, the department may enter into a safety plan with the child’s parent. 3. A safety plan shall not be construed as a removal from parental custody absent a court order placing the child with a person or facility other than the parent who entered into the safety plan. 4. The department shall adopt rules to implement this section. Sec. 30. Section 232.82, Code 2022, is amended to read as follows: 232.82 Removal of sexual offenders , and physical abusers , and domestic abusers from the residence pursuant to court order. 1. Notwithstanding section 561.15 , if it is alleged by a person authorized to file a petition under section 232.87, subsection 2 , or by the court on its own motion, that a parent, guardian, custodian, or an adult member of the household in which a child resides has committed a sexual offense with or against the child, pursuant to chapter 709 or section 726.2 , or a physical abuse as defined by in section 232.2, subsection 42 , or domestic abuse assault as defined in section 708.2A, against the child or another household member at a location or in a manner a reasonably prudent person would know the child could see, hear, or otherwise experience, the juvenile court may enter an ex parte order requiring the alleged sexual offender , or physical abuser , or domestic abuser to vacate the child’s residence upon a showing that probable cause exists to believe that the sexual offense , or physical abuse , or domestic abuse has occurred and that substantial evidence exists to believe that the presence of the alleged sexual offender , or physical

House File 2507, p. 13 abuser , or domestic abuser in the child’s residence presents a danger to the child’s life or physical, emotional, or mental health. 2. If an order is entered under subsection 1 and a petition has not yet been filed under this chapter , the petition shall be filed under section 232.87 by the county attorney, the department of human services, or a juvenile court officer within three days of the entering of the order. 3. The juvenile court may order on its own motion, or shall order upon the request of the alleged sexual offender , or physical abuser, or domestic abuser a hearing to determine whether the order to vacate the residence should be upheld, modified, or vacated. The hearing shall be held within thirty days of removal of the alleged sexual offender, physical abuser, or domestic abuser from the residence. The juvenile court may in any later child in need of assistance proceeding uphold, modify, or vacate the order to vacate the residence. Sec. 31. Section 232.84, subsection 2, Code 2022, is amended to read as follows: 2. Within Unless the custody of a child is transferred from one of the child’s parents to another parent of the child, within thirty days after the entry of an order under this chapter transferring custody of a child to an agency for placement removing a child from the custody of a parent or parents of the child , the agency department shall exercise due diligence in identifying and providing notice to the child’s grandparents, aunts, uncles, adult siblings, parents of the child’s siblings, and adult relatives suggested by the child’s parents, subject to exceptions due to the presence of family or domestic violence. Sec. 32. Section 232.84, Code 2022, is amended by adding the following new subsections: NEW SUBSECTION . 4. The agency may share information as necessary to explore a child’s potential placement with any adult relative who may receive notice pursuant to subsection 2. NEW SUBSECTION . 5. If an adult relative entitled to notice pursuant to subsection 2 is later discovered by or identified to the department, the department shall provide notice to that relative within thirty days of that relative becoming known to

House File 2507, p. 14 the department. Sec. 33. NEW SECTION . 232.96A Child in need of assistance adjudication. The court may adjudicate a child in need of assistance if such child is unmarried and meets any of the following requirements: 1. The child’s parent, guardian, or other custodian has abandoned or deserted the child. 2. The child’s parent, guardian, other custodian, or other member of the household in which the child resides has physically abused or neglected the child, or is imminently likely to physically abuse or neglect the child. 3. The child has suffered or is imminently likely to suffer harmful effects as a result of any of the following: a. Mental injury caused by the acts of the child’s parent, guardian, or custodian. b. The failure of the child’s parent, guardian, custodian, or other member of the household in which the child resides to exercise a reasonable degree of care in supervising the child. c. The child’s parent, guardian, custodian, or person responsible for the care of a child as defined in section 232.68, has knowingly disseminated or exhibited obscene material, as defined in section 728.1, to the child. 4. The child has been, or is imminently likely to be, sexually abused by the child’s parent, guardian, custodian, or other member of the household in which the child resides. 5. The child is in need of medical treatment to cure, alleviate, or prevent serious physical injury or illness and whose parent, guardian, or custodian is unwilling or unable to provide such treatment. 6. The child is in need of treatment to cure or alleviate serious mental illness or disorder, or emotional damage as evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward the child’s self or others and the child’s parent, guardian, or custodian is unwilling to provide such treatment. 7. The child’s parent, guardian, or custodian fails to exercise a minimal degree of care in supplying the child with adequate food, clothing, or shelter and refuses other means

House File 2507, p. 15 made available to provide such essentials. 8. The child has committed a delinquent act as a result of pressure, guidance, or approval from a parent, guardian, custodian, or other member of the household in which the child resides. 9. The child has been the subject of or a party to sexual activities for hire or who poses for live display or for photographic or other means of pictorial reproduction or display which is designed to appeal to the prurient interest, is patently offensive, and taken as a whole, lacks serious literary, scientific, political, or artistic value. 10. The child is without a parent, guardian, or other custodian. 11. The child’s parent, guardian, or other custodian for good cause desires to be relieved of the child’s care and custody. 12. The child for good cause desires to have the child’s parents relieved of the child’s care and custody. 13. The child is in need of treatment to cure or alleviate chemical dependency and whose parent, guardian, or custodian is unwilling or unable to provide such treatment. 14. The child’s parent, guardian, or custodian suffers from a mental incapacity, a mental condition, imprisonment, or drug or alcohol abuse that results in the child not receiving adequate care or being imminently likely not to receive adequate care. 15. The child’s body has an illegal drug present as a direct and foreseeable consequence of the acts or omissions of the child’s parent, guardian, or custodian. The presence of the drug shall be determined in accordance with a medically relevant test as defined in section 232.73. 16. The child’s parent, guardian, custodian, or other adult member of the household in which a child resides does any of the following: a. Unlawfully uses, possesses, manufactures, cultivates, or distributes a dangerous substance in the presence of the child. b. Knowingly allows the use, possession, manufacture, cultivation, or distribution of a dangerous substance by another person in the presence of the child.

House File 2507, p. 16 c. Possesses a product with the intent to use the product as a precursor or an intermediary to a dangerous substance in the presence of the child. d. Unlawfully uses, possesses, manufactures, cultivates, or distributes a dangerous substance listed in paragraph “f” , subparagraph (1), (2), or (3), in the child’s home, on the premises, or in a motor vehicle located on the premises. e. For the purposes of this subsection, “ in the presence of a child” means in the physical presence of a child or occurring under other circumstances in which a reasonably prudent person would know that the use, possession, manufacture, cultivation, or distribution of a dangerous substance may be seen, smelled, ingested, or heard by a child. f. For the purposes of this subsection, “dangerous substance” means any of the following: (1) Amphetamine, its salts, isomers, or salts of its isomers. (2) Methamphetamine, its salts, isomers, or salts of its isomers. (3) A chemical or combination of chemicals that poses a reasonable risk of causing an explosion, fire, or other danger to the life or health of persons who are in the vicinity while the chemical or combination of chemicals is used or is intended to be used in any of the following: (a) The process of manufacturing an illegal or controlled substance. (b) As a precursor in the manufacturing of an illegal or controlled substance. (c) As an intermediary in the manufacturing of an illegal or controlled substance. (4) Cocaine, its salts, isomers, salts of its isomers, or derivatives. (5) Heroin, its salts, isomers, salts of its isomers, or derivatives. (6) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate. 17. The child is a newborn infant whose parent has voluntarily released custody of the child in accordance with chapter 233.

House File 2507, p. 17 DIVISION VI CHILD IN NEED OF ASSISTANCE PROCEEDINGS —— JUDICIAL PROCEEDINGS Sec. 34. Section 232.89, subsection 1, Code 2022, is amended to read as follows: 1. Upon the filing of a petition the parent, guardian, putative father, or custodian identified in the petition shall have the right to counsel in connection with all subsequent hearings and proceedings. If that person desires but is financially unable to employ counsel, the court shall appoint counsel. A putative father is not a necessary party to a proceeding until the putative father’s paternity is established. Sec. 35. Section 232.89, subsection 2, paragraph a, Code 2022, is amended to read as follows: a. If the child is represented by counsel and the court determines there is a conflict of interest between the child and the child’s parent, guardian, putative father, or custodian and that the retained counsel could not properly represent the child as a result of the conflict, the court shall appoint other counsel to represent the child, who shall be compensated pursuant to the provisions of subsection 3 . Sec. 36. Section 232.89, subsection 4, Code 2022, is amended to read as follows: 4. The same person may serve both as the child’s counsel and as guardian ad litem. However, the court may appoint a separate guardian ad litem, if the same person cannot properly represent the legal interests of the child as legal counsel and also represent the best interest interests of the child as guardian ad litem in accordance with section 232.2, subsection 22, paragraph “e” , or a separate guardian ad litem is required to fulfill the requirements of subsection 2 . If a child’s guardian ad litem is also acting as an attorney for the child, each report submitted to a court by the guardian ad litem shall contain a statement indicating whether a separate guardian ad litem is required based on the guardian ad litem’s interviews and investigations conducted until the time a report is submitted to the court. Sec. 37. Section 232.91, subsections 1, 2, 3, and 4, Code 2022, are amended to read as follows: