House File 32 - Introduced HOUSE FILE 32 BY WINDSCHITL A BILL FOR An Act relating to children subject to a child in need of 1 assistance removal order relating to the use or presence of 2 methamphetamine. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1091YH (2) 84 jp/nh

H.F. 32 Section 1. NEW SECTION . 232.106A Methamphetamine residue. 1 1. For the purposes of this section, unless the context 2 otherwise requires: 3 a. “Child’s home” means the place of residence that a 4 child who has been the subject of an order under this division 5 transferring custody of the child for placement will return to 6 at the time the order is terminated, modified, or vacated. 7 b. “Methamphetamine” means methamphetamine, its salts, 8 isomers, or salts of its isomers and includes precursors 9 utilized in its manufacture. 10 2. The department shall adopt rules for determining when 11 a place of residence has methamphetamine residue present that 12 would pose a significant risk to the health or safety of a 13 child. The rules shall also provide standards for mitigating 14 such a risk. 15 3. If an order has been entered under this division 16 transferring the custody of a child for placement outside the 17 child’s family residence following a determination that the 18 child is a child in need of assistance based wholly or in part 19 on any of the following circumstances, in order for the child 20 to be returned to the child’s home, the child’s home shall be 21 tested to determine if methamphetamine residue is present: 22 a. Methamphetamine was determined to be present in the 23 child’s body. 24 b. There was methamphetamine use by the child’s parent, 25 guardian, or custodian. 26 c. Methamphetamine was present in the home of the child’s 27 parent, guardian, or custodian. 28 d. The record provides a compelling reason to believe there 29 is or was methamphetamine use by an immediate family member of 30 the child. 31 4. If it is determined through testing in accordance with 32 this section that methamphetamine residue is present in the 33 child’s home that would pose a significant risk to the health 34 or safety of the child, the order for placement of the child 35 -1- LSB 1091YH (2) 84 jp/nh 1/ 2

H.F. 32 outside the child’s family residence shall not be terminated, 1 modified, or vacated for the child to return to that residence 2 until the risk has been mitigated. 3 EXPLANATION 4 This bill relates to children subject to a child in need of 5 assistance removal order relating to the use or presence of 6 methamphetamine. 7 The bill defines the term “child’s home” as the place 8 of residence that a child who has been the subject of a 9 dispositional order following a child in need of assistance 10 determination transferring custody of the child for placement 11 will return to at the time the order is terminated, modified, 12 or vacated. “Methamphetamine” is defined as methamphetamine, 13 its salts, isomers, or salts of its isomers and includes 14 precursors utilized in its manufacture. 15 The department of human services is required to adopt rules 16 for determining when a place of residence has methamphetamine 17 residue present that would pose a significant risk to the 18 health or safety of a child. The rules are also required to 19 provide standards for mitigating such a risk. 20 The bill requires testing of a child’s home to determine if 21 methamphetamine residue is present. The testing requirement 22 applies when a child has been determined to be a child in need 23 of assistance based wholly or in part on various specified 24 factors involving methamphetamine, and an order has been 25 entered transferring the custody of the child for placement 26 outside the child’s home. 27 If it is determined that methamphetamine residue is present 28 in the child’s home that would pose a significant risk to the 29 health or safety of the child, the order for placement of 30 the child outside the child’s home is prohibited from being 31 terminated, modified, or vacated for the child to return to 32 that residence until the risk has been mitigated. 33 -2- LSB 1091YH (2) 84 jp/nh 2/ 2