HF 209 (LSB 1999YH (3) 87)

HOUSE FILE 209

BY  HOLT

A BILL FOR

An Act relating to the presence of a child near certain dangerous substances for purposes of declaring a child a child in need of assistance and establishing the existence of child abuse.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.2, subsection 6, paragraph p, subparagraph (2), Code 2017, is amended by adding the following new subparagraph divisions:
   NEW SUBPARAGRAPH DIVISION.  (0c)  Cocaine, its salts, optical and geometric isomers, or salts of isomers.
   NEW SUBPARAGRAPH DIVISION.  (00c)  Heroin, its salts, optical and geometric isomers, or salts of isomers.
   NEW SUBPARAGRAPH DIVISION.  (000c)  Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, as described in section 124.206, subsection 2, paragraphs “a” and “b”.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the definition of a dangerous substance for purposes of child in need of assistance and child abuse proceedings under Code chapter 232 (juvenile justice).
   Under current law, an unmarried child whose parent, guardian, or custodian unlawfully manufactures a dangerous substance in the presence of the child, knowingly allows such manufacture by another person in the presence of the child, or in the presence of the child possesses a product containing ephedrine or pseudoephedrine, with the intent to use the product as a precursor or an intermediary to a dangerous substance, may be the subject of a child in need of assistance petition. A person responsible for the care of the child who manufactures a dangerous substance, or in the presence of the child possesses a product containing ephedrine or pseudoephedrine with the intent to use the product as a precursor or an intermediary to a dangerous substance, may be the subject of an allegation of child abuse. “Dangerous substance” means an amphetamine, its salts, isomers, or salts of its isomers; methamphetamine, its salts, isomers, or salts of its isomers; or a chemical or combination of chemicals that poses a reasonable risk of causing an explosion, fire, or other danger to the life or health of persons in the vicinity while the chemical or combination of chemicals is used or is intended to be used in certain circumstances relating to the manufacture of an illegal or controlled substance.
   The bill includes cocaine, heroin, and opium and opiates, and their salts, isomers, compounds, and derivatives, in the list of dangerous substances, thus making the presence of a child near such substances an essential factor in some circumstances to declare a child a child in need of assistance or to establish the existence of child abuse.