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