House File 2360
HOUSE FILE
BY HEDDENS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act revising terminology used for child in need of assistance
2 proceedings.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5809HH 80
5 jp/gg/14
PAG LIN
1 1 Section 1. Section 232.2, subsection 6, paragraphs e, f,
1 2 g, and m, Code Supplement 2003, are amended to read as
1 3 follows:
1 4 e. Who is in need of medical treatment to cure, alleviate,
1 5 or prevent serious physical injury or illness and whose
1 6 parent, guardian, or custodian is unwilling or unable to
1 7 provide such treatment fails to exercise a reasonable degree
1 8 of care to supply the treatment and unreasonably refuses other
1 9 means made available to supply the treatment.
1 10 f. Who is in need of treatment to cure or alleviate
1 11 serious mental illness or disorder, or emotional damage as
1 12 evidenced by severe anxiety, depression, withdrawal, or
1 13 untoward aggressive behavior toward self or others and whose
1 14 parent, guardian, or custodian is unwilling or unable to
1 15 provide such treatment fails to exercise a reasonable degree
1 16 of care to supply the treatment and unreasonably refuses other
1 17 means made available to supply the treatment.
1 18 g. Whose parent, guardian, or custodian fails to exercise
1 19 a minimal reasonable degree of care in supplying the child
1 20 with adequate food, clothing, or shelter and unreasonably
1 21 refuses other means made available to provide supply such
1 22 essentials.
1 23 m. Who is in need of treatment to cure or alleviate
1 24 chemical dependency and whose parent, guardian, or custodian
1 25 is unwilling or unable to provide such treatment fails to
1 26 exercise a reasonable degree of care to supply the treatment
1 27 and unreasonably refuses other means made available to supply
1 28 the treatment.
1 29 EXPLANATION
1 30 This bill revises elements of the term "child in need of
1 31 assistance" (CINA) used in Code chapter 232, the juvenile
1 32 justice code.
1 33 The bill addresses elements involving children who are in
1 34 need of medical treatment, treatment to address serious mental
1 35 illness or disorders, or emotional damage, or treatment of
2 1 chemical dependency. Under current law, a child meets the
2 2 CINA definition if the child has any of these treatment needs
2 3 and the parent, guardian, or custodian is unwilling or unable
2 4 to provide the treatment. Instead, the bill provides the CINA
2 5 definition is met when the parent, guardian, or custodian
2 6 fails to exercise a reasonable degree of care to supply the
2 7 treatment and unreasonably refuses other means made available
2 8 to supply the treatment.
2 9 The bill also changes the CINA element involving a parent,
2 10 guardian, or custodian's failure to exercise a minimal degree
2 11 of care in supplying the child with adequate food, clothing,
2 12 or shelter and refusal of other means made available to supply
2 13 such essentials. The bill replaces the "minimal degree"
2 14 standard with a "reasonable degree" standard and requires that
2 15 the refusal be unreasonable.
2 16 LSB 5809HH 80
2 17 jp/gg/14