House File 2370 - Introduced



                                       HOUSE FILE       
                                       BY  KRESSIG and FOEGE


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the temporary custody of a child pursuant to
  2    an ex parte court order.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6196HH 81
  5 jp/je/5

PAG LIN



  1  1    Section 1.  Section 232.78, subsection 1, paragraph b,
  1  2 subparagraph (1), Code 2005, is amended to read as follows:
  1  3    (1)  The refusal or failure of the person responsible for
  1  4 the care of the child to comply with the request of a peace
  1  5 officer, juvenile court officer, or child protection worker
  1  6 for such person to obtain and provide to the requester the
  1  7 results of a physical or mental examination of the child.  The
  1  8 request for a physical examination of the child may specify
  1  9 the performance of a medically relevant test.  However, if
  1 10 there is reasonable cause to believe that the person
  1 11 responsible for the care of the child will attempt to obstruct
  1 12 or unduly influence the performance of an examination of the
  1 13 child or the provision of the results of the examination, the
  1 14 court may authorize a physical or mental examination of the
  1 15 child without a request being made to such person.
  1 16                           EXPLANATION
  1 17    This bill relates to the grounds for a peace officer or a
  1 18 juvenile court officer to take temporary custody of a child
  1 19 pursuant to an ex parte court order under Code section 232.78.
  1 20 The term "ex parte" means the order was entered after a
  1 21 hearing in which one party is present and without notice to or
  1 22 contestation by any person adversely interested.
  1 23    The bill addresses circumstances under the grounds for
  1 24 authorizing such order when it appears that the child's
  1 25 immediate removal is necessary to avoid imminent danger to the
  1 26 child's life or health.  One of the circumstances or
  1 27 conditions indicating the presence of such imminent danger
  1 28 involves the refusal or failure of the person responsible for
  1 29 the care of the child to comply with the request of a peace
  1 30 officer, juvenile court officer, or child protection worker
  1 31 for such person to obtain and provide to the requester the
  1 32 results of a physical or mental examination of the child.  The
  1 33 bill authorizes the court to issue the ex parte order for a
  1 34 physical or mental examination of the child with that request
  1 35 when there is reasonable cause to believe that the responsible
  2  1 person will attempt to obstruct or unduly influence the
  2  2 performance of the examination of the child or the provision
  2  3 of the results of the examination.
  2  4 LSB 6196HH 81
  2  5 jp:rj/je/5