House File 220 - Introduced



                                    HOUSE FILE       
                                    BY  WINDSCHITL, DOLECHECK, MAY,
                                        PETTENGILL, HAGENOW, DE BOEF,
                                        BAUDLER, HELLAND, SODERBERG,
                                        SANDS, KAUFMANN, L. MILLER,
                                        SWAIM, ALONS, and DRAKE


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

                                      A BILL FOR

  1 An Act relating to children subject to a child in need of
  2    assistance removal order relating to the use or presence of
  3    methamphetamine.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1779YH 83
  6 jp/nh/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  232.106A  METHAMPHETAMINE
  1  2 RESIDUE.
  1  3    1.  For the purposes of this section, unless the context
  1  4 otherwise requires:
  1  5    a.  "Child's home" means the place of residence that a
  1  6 child who has been the subject of an order under this division
  1  7 transferring custody of the child for placement will return to
  1  8 at the time the order is terminated, modified, or vacated.
  1  9    b.  "Methamphetamine" means methamphetamine, its salts,
  1 10 isomers, or salts of its isomers and includes precursors
  1 11 utilized in its manufacture.
  1 12    2.  The department shall adopt rules for determining when a
  1 13 place of residence has methamphetamine residue present that
  1 14 would pose a significant risk to the health or safety of a
  1 15 child.  The rules shall also provide standards for mitigating
  1 16 such a risk.
  1 17    3.  If an order has been entered under this division
  1 18 transferring the custody of a child for placement outside the
  1 19 child's family residence following a determination that the
  1 20 child is a child in need of assistance based wholly or in part
  1 21 on any of the following circumstances, in order for the child
  1 22 to be returned to the child's home, the child's home shall be
  1 23 tested to determine if methamphetamine residue is present:
  1 24    a.  Methamphetamine was determined to be present in the
  1 25 child's body.
  1 26    b.  There was methamphetamine use by the child's parent,
  1 27 guardian, or custodian.
  1 28    c.  Methamphetamine was present in the home of the child's
  1 29 parent, guardian, or custodian.
  1 30    d.  The record provides a compelling reason to believe
  1 31 there is or was methamphetamine use by an immediate family
  1 32 member of the child.
  1 33    4.  If it is determined through testing in accordance with
  1 34 this section that methamphetamine residue is present in the
  1 35 child's home that would pose a significant risk to the health
  2  1 or safety of the child, the order for placement of the child
  2  2 outside the child's family residence shall not be terminated,
  2  3 modified, or vacated for the child to return to that residence
  2  4 until the risk has been mitigated.
  2  5                           EXPLANATION
  2  6    This bill relates to children subject to a child in need of
  2  7 assistance removal order relating to the use or presence of
  2  8 methamphetamine.
  2  9    The bill defines the term "child's home" as the place of
  2 10 residence that a child who has been the subject of a
  2 11 dispositional order following a child in need of assistance
  2 12 determination transferring custody of the child for placement
  2 13 will return to at the time the order is terminated, modified,
  2 14 or vacated.  "Methamphetamine" is defined as methamphetamine,
  2 15 its salts, isomers, or salts of its isomers and includes
  2 16 precursors utilized in its manufacture.
  2 17    The department of human services is required to adopt rules
  2 18 for determining when a place of residence has methamphetamine
  2 19 residue present that would pose a significant risk to the
  2 20 health or safety of a child.  The rules are also required to
  2 21 provide standards for mitigating such a risk.
  2 22    The bill requires testing of a child's home to determine if
  2 23 methamphetamine residue is present.  The testing requirement
  2 24 applies when a child has been determined to be a child in need
  2 25 of assistance based wholly or in part on various specified
  2 26 factors involving methamphetamine, and an order has been
  2 27 entered transferring the custody of the child for placement
  2 28 outside the child's home.
  2 29    If it is determined that methamphetamine residue is present
  2 30 in the child's home that would pose a significant risk to the
  2 31 health or safety of the child, the order for placement of the
  2 32 child outside the child's home is prohibited from being
  2 33 terminated, modified, or vacated for the child to return to
  2 34 that residence until the risk has been mitigated.
  2 35 LSB 1779YH 83
  3  1 jp/nh/5