Senate
File
2165
-
Introduced
SENATE
FILE
2165
BY
ALLEN
A
BILL
FOR
An
Act
relating
to
a
child
in
need
of
assistance
and
child
1
abuse
and
a
drug-endangered
child.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5518SS
(6)
86
rh/nh
S.F.
2165
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
5518SS
(6)
86
rh/nh
1/
6
S.F.
2165
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-
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5518SS
(6)
86
rh/nh
2/
6
S.F.
2165
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-
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5518SS
(6)
86
rh/nh
3/
6
S.F.
2165
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-
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2165
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
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2165
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
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