H.F. 2206 Section 1. Section 232.2, subsection 6, paragraph o, Code 1 2016, is amended by striking the paragraph and inserting in 2 lieu thereof the following: 3 o. Who is a drug-endangered child as the result of the acts 4 or omissions of the child’s parent, guardian, or custodian, or 5 a person responsible for the care of the child as defined in 6 section 232.68. 7 Sec. 2. Section 232.2, Code 2016, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 19A. “Drug-endangered child” means any of 10 the following: 11 a. (1) A child whose health, safety, or welfare is 12 endangered or threatened as a result of any controlled 13 substance activity in the presence of the child. 14 (2) For purposes of this paragraph “a” : 15 (a) “Controlled substance activity” means the use, 16 possession, distribution, cultivation, or manufacture, or 17 the attempted use, possession, distribution, cultivation, or 18 manufacture of a controlled substance as defined in section 19 124.101, subsection 5. 20 (b) “In the presence of the child” means but is not limited 21 to any of the following: 22 (i) When the child is physically present during the 23 controlled substance activity. 24 (ii) When the controlled substance activity is conducted in 25 the child’s home. 26 (iii) When the controlled substance activity is conducted 27 on the premises, or in any building, structure, room, motor 28 vehicle, or property located on the premises where the child is 29 found or can reasonably be expected to be found. 30 (iv) When the controlled substance activity occurs under 31 circumstances in which a reasonably prudent person would know 32 that the controlled substance activity may be seen, smelled, 33 or heard by the child. 34 (v) When the controlled substance activity by the child’s 35 -1- LSB 5518YH (7) 86 rh/nh 1/ 6

H.F. 2206 parent, guardian, or custodian, or a person responsible for 1 the care of the child, as defined in section 232.68, results 2 in the child’s parent, guardian, or custodian, or the person 3 responsible for the care of the child not being able to provide 4 adequate supervision, care, or a safe and nurturing environment 5 for the child. 6 b. A child who tests positive at birth for any controlled 7 substance as defined in section 124.101, subsection 5, unless 8 the child tests positive for a controlled substance that is the 9 result of the biological mother’s lawful and legal intake of 10 such substance as prescribed or otherwise administered by a 11 licensed health care provider. 12 c. A child who tests positive for any controlled substance 13 as defined in section 124.101, subsection 5, as a direct result 14 of an act or omission of the child’s parent, guardian, or 15 custodian, unless the child tests positive for a controlled 16 substance that is the result of the child’s lawful and 17 legal intake of such substance as prescribed or otherwise 18 administered by a licensed health care provider. 19 Sec. 3. Section 232.68, subsection 2, paragraph a, 20 subparagraph (6), Code 2016, is amended by striking the 21 subparagraph and inserting in lieu thereof the following: 22 (6) A child is a drug-endangered child as the result of the 23 acts or omissions of a person responsible for the care of a 24 child. 25 Sec. 4. Section 232.68, Code 2016, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 5A. “Drug-endangered child” means any of 28 the following: 29 a. (1) A child whose health, safety, or welfare is 30 endangered or threatened as a result of any controlled 31 substance activity in the presence of the child. 32 (2) For purposes of this paragraph “a” : 33 (a) “Controlled substance activity” means the use, 34 possession, distribution, cultivation, or manufacture, or 35 -2- LSB 5518YH (7) 86 rh/nh 2/ 6

H.F. 2206 the attempted use, possession, distribution, cultivation, or 1 manufacture of a controlled substance as defined in section 2 124.101, subsection 5. 3 (b) “In the presence of the child” means but is not limited 4 to any of the following: 5 (i) When a child is physically present during the controlled 6 substance activity. 7 (ii) When the controlled substance activity is conducted in 8 the child’s home. 9 (iii) When the controlled substance activity is conducted 10 on the premises, or in any building, structure, room, motor 11 vehicle, or property located on the premises where a child is 12 found or can reasonably be expected to be found. 13 (iv) When the controlled substance activity occurs under 14 circumstances in which a reasonably prudent person would know 15 that the controlled substance activity may be seen, smelled, or 16 heard by a child. 17 (v) When the controlled substance activity by a person 18 responsible for the care of a child results in the person not 19 being able to provide adequate supervision, care, or a safe and 20 nurturing environment for the child. 21 b. A child who tests positive at birth for any controlled 22 substance as defined in section 124.101, subsection 5, unless 23 the child tests positive for a controlled substance that is the 24 result of the biological mother’s lawful and legal intake of 25 such substance as prescribed or otherwise administered by a 26 licensed health care provider. 27 c. A child who tests positive for any controlled substance 28 as defined in section 124.101, subsection 5, as a direct 29 result of an act or omission of a person responsible for 30 the care of a child, unless the child tests positive for a 31 controlled substance that is the result of the child’s lawful 32 and legal intake of such substance as prescribed or otherwise 33 administered by a licensed health care provider. 34 Sec. 5. Section 232.68, subsection 8, Code 2016, is amended 35 -3- LSB 5518YH (7) 86 rh/nh 3/ 6

H.F. 2206 by adding the following new paragraph: 1 NEW PARAGRAPH . e. Any person who exercises control or 2 supervision of a child. 3 Sec. 6. Section 232.71B, subsection 3, Code 2016, is amended 4 to read as follows: 5 3. Involvement of law enforcement. 6 a. The department shall apply protocols, developed with the 7 local child protection assistance team established pursuant to 8 section 915.35 , to prioritize the actions taken in response 9 to a child abuse assessment and shall work jointly with child 10 protection assistance teams and law enforcement agencies in 11 performing assessment and investigative processes for child 12 abuse assessments in which a criminal act harming a child is 13 alleged. The county attorney and appropriate law enforcement 14 agencies shall also take any other lawful action which may be 15 necessary or advisable for the protection of the child. If a 16 report is determined not to constitute a child abuse allegation 17 or if the child abuse report is accepted but assessed under 18 the family assessment, but a criminal act harming a child is 19 alleged, the department shall immediately refer the matter to 20 the appropriate law enforcement agency. 21 b. The department shall provide written or verbal 22 notification to the appropriate law enforcement agency if the 23 department determines that a child is a drug-endangered child. 24 The appropriate law enforcement agency shall determine whether 25 a removal of the child pursuant to section 232.79 is necessary 26 or whether a criminal investigation should be conducted. A 27 law enforcement agency receiving a referral or notification 28 pursuant to this paragraph shall provide the department and the 29 county attorney with a copy of the written report of any law 30 enforcement investigation resulting from the referral. 31 Sec. 7. Section 232.107, Code 2016, is amended to read as 32 follows: 33 232.107 Parent visitation. 34 If a child is removed from the child’s home in accordance 35 -4- LSB 5518YH (7) 86 rh/nh 4/ 6

H.F. 2206 with an order entered under this division based upon evidence 1 indicating the presence of an illegal drug in the child’s 2 body child is a drug-endangered child , unless the court finds 3 that substantial evidence exists to believe that reasonable 4 visitation or supervised visitation would cause an imminent 5 risk to the child’s life or health, the order shall allow the 6 child’s parent reasonable visitation or supervised visitation 7 with the child. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to a child in need of assistance and child 12 abuse and a drug-endangered child. 13 The bill amends the definition of “child in need of 14 assistance” and “child abuse” in Code chapter 232 (juvenile 15 justice) by replacing current provisions relating to the 16 presence of an illegal drug in a child’s body due to the acts 17 or omissions of a child’s parent, guardian, or custodian or 18 a person responsible for the care of a child with provisions 19 that “child in need of assistance” and “child abuse” include 20 a child who is a drug-endangered child as a result of the acts 21 or omissions of a parent, guardian, or custodian or a person 22 responsible for the care of the child. The bill requires 23 the department of human services to commence a child abuse 24 assessment when a child abuse report accepted by the department 25 alleges that a child is a drug-endangered child, as defined in 26 the bill. 27 “Drug-endangered child” is defined as any of the following: 28 (1) a child whose health, safety, or welfare is endangered or 29 threatened as a result of any controlled substance activity, 30 as defined in the bill, in the presence of the child, (2) a 31 child who tests positive at birth for any controlled substance, 32 unless as a result of the biological mother’s lawful and 33 legal intake of such substance as prescribed or otherwise 34 administered by a health care provider, or (3) a child who 35 -5- LSB 5518YH (7) 86 rh/nh 5/ 6

H.F. 2206 tests positive for any controlled substance as a direct result 1 of acts or omissions of a person responsible for the care 2 of a child, unless as a result of the child’s lawful and 3 legal intake of such substance as prescribed or otherwise 4 administered by a health care provider. 5 The bill includes any person who exercises control 6 or supervision of a child in the definition of a person 7 responsible for the care of a child. 8 The bill requires the department to provide written or 9 verbal notification to the appropriate law enforcement agency 10 if the department determines that a child is a drug-endangered 11 child. The appropriate law enforcement agency is required to 12 determine whether a removal of the child from the custody of 13 the child’s parent, guardian, or custodian is necessary or 14 whether a criminal investigation should be conducted. A law 15 enforcement agency receiving a referral or notification shall 16 provide the department and the county attorney with a copy 17 of the written report of any law enforcement investigation 18 resulting from the referral. 19 Under current law, if the department determines a child 20 abuse report constitutes a child abuse allegation, the 21 department is required to promptly commence either a child 22 abuse assessment within 24 hours of receiving the report or 23 a family assessment within 72 hours of receiving the report, 24 depending on the circumstances of the child abuse report. If a 25 family assessment is completed and if any of the criteria for a 26 child in need of assistance are met, the department is required 27 to determine whether to request a child in need of assistance 28 petition to the juvenile court and the county attorney. 29 The bill makes a conforming Code change to a parent 30 visitation provision relating to an order for removal of a 31 child from the child’s home based upon evidence indicating the 32 child is a drug-endangered child. 33 -6- LSB 5518YH (7) 86 rh/nh 6/ 6