H.F. 276 Section 1. Section 232.2, subsection 6, paragraph p, Code 1 2017, is amended to read as follows: 2 p. Who is a drug-endangered child. 3 (1) Whose For the purposes of this paragraph, 4 “drug-endangered child” means a child whose parent, guardian, 5 or custodian , or other adult member of the household in which 6 a child resides does any of the following: unlawfully uses, 7 possesses, manufactures , cultivates, or distributes a dangerous 8 substance in the presence of a child , ; or knowingly allows such 9 use, possession, manufacture , cultivation, or distribution by 10 another person in the presence of a child , ; or in the presence 11 of a child possesses a product containing ephedrine, its salts, 12 optical isomers, salts of optical isomers, or pseudoephedrine, 13 its salts, optical isomers, salts of optical isomers, with the 14 intent to use the product as a precursor or an intermediary to 15 a dangerous substance in the presence of a child; or unlawfully 16 uses, possesses, manufactures, cultivates, or distributes a 17 dangerous substance specified in subparagraph (3), subparagraph 18 division (a), (b), or (c), in a child’s home, on the premises, 19 or in a motor vehicle located on the premises . 20 (1) (2) For the purposes of this paragraph, “in the 21 presence of a child” means in the physical presence of a child 22 during the manufacture or possession, the manufacture or 23 possession occurred in a child’s home, on the premises, or in 24 a motor vehicle located on the premises, or the manufacture 25 or possession occurred or occurring under other circumstances 26 in which a reasonably prudent person would know that the 27 use, possession, manufacture or possession , cultivation, or 28 distribution may be seen, smelled, ingested, or heard by a 29 child. 30 (2) (3) For the purposes of this paragraph, “dangerous 31 substance” means any of the following: 32 (a) Amphetamine, its salts, isomers, or salts of its 33 isomers. 34 (b) Methamphetamine, its salts, isomers, or salts of its 35 -1- LSB 2018YH (9) 87 rh/rj 1/ 5

H.F. 276 isomers. 1 (c) A chemical or combination of chemicals that poses a 2 reasonable risk of causing an explosion, fire, or other danger 3 to the life or health of persons who are in the vicinity while 4 the chemical or combination of chemicals is used or is intended 5 to be used in any of the following: 6 (i) The process of manufacturing an illegal or controlled 7 substance. 8 (ii) As a precursor in the manufacturing of an illegal or 9 controlled substance. 10 (iii) As an intermediary in the manufacturing of an illegal 11 or controlled substance. 12 (d) Cocaine, its salts, isomers, salts of its isomers, or 13 derivatives. 14 (e) Heroin, its salts, isomers, salts of its isomers, or 15 derivatives. 16 (f) Opium and opiate, and any salt, compound, derivative, or 17 preparation of opium or opiate. 18 Sec. 2. Section 232.68, subsection 2, paragraph a, 19 subparagraph (7), Code 2017, is amended to read as follows: 20 (7) (a) The acts or omissions of a person responsible 21 for the care of a child which allow or permit a child to be a 22 drug-endangered child. 23 (b) The For the purposes of this subparagraph, 24 “drug-endangered child” means a child in a situation where 25 the person responsible for the care of a child has , in 26 the presence of the a child, as defined in section 232.2, 27 subsection 6 , paragraph “p” , manufactured unlawfully uses, 28 possesses, manufactures, cultivates, or distributes a dangerous 29 substance, as defined in section 232.2, subsection 6 , paragraph 30 “p” , or in the presence of the child knowingly allows such 31 use, possession, manufacture, cultivation, or distribution 32 by another person in the presence of a child; possesses a 33 product containing ephedrine, its salts, optical isomers, salts 34 of optical isomers, or pseudoephedrine, its salts, optical 35 -2- LSB 2018YH (9) 87 rh/rj 2/ 5

H.F. 276 isomers, salts of optical isomers, with the intent to use 1 the product as a precursor or an intermediary to a dangerous 2 substance in the presence of a child; or unlawfully uses, 3 possesses, manufactures, cultivates, or distributes a dangerous 4 substance specified in section 232.2, subsection 6, paragraph 5 “p” , subparagraph (3), subparagraph division (a), (b), or (c), 6 in a child’s home, on the premises, or in a motor vehicle 7 located on the premises . 8 Sec. 3. Section 232.77, subsection 2, Code 2017, is amended 9 to read as follows: 10 2. a. If a health practitioner discovers in a child 11 physical or behavioral symptoms of the effects of exposure 12 to cocaine, heroin, amphetamine, methamphetamine, or other 13 illegal drugs, or combinations or derivatives thereof, which 14 were not prescribed by a health practitioner, or if the health 15 practitioner has determined through examination of the natural 16 mother of the child that the child was exposed in utero, the 17 health practitioner may perform or cause to be performed a 18 medically relevant test, as defined in section 232.73 , on the 19 child. The practitioner shall report any positive results of 20 such a test on the child to the department. The department 21 shall begin an assessment pursuant to section 232.71B upon 22 receipt of such a report. A positive test result obtained 23 prior to the birth of a child shall not be used for the criminal 24 prosecution of a parent for acts and omissions resulting in 25 intrauterine exposure of the child to an illegal drug. 26 b. If a health practitioner involved in the delivery or 27 care of a newborn or infant discovers in the newborn or infant 28 physical or behavioral symptoms that are consistent with the 29 effects of prenatal drug exposure or a fetal alcohol spectrum 30 disorder, the health practitioner shall report such information 31 to the department in a manner prescribed by rule of the 32 department. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -3- LSB 2018YH (9) 87 rh/rj 3/ 5

H.F. 276 the explanation’s substance by the members of the general assembly. 1 This bill relates to certain drugs and other substances and 2 child in need of assistance and child abuse. 3 The bill amends the definition of a child in need of 4 assistance to provide that an unmarried child who is a 5 drug-endangered child may be the subject of a child in need of 6 assistance petition. Drug-endangered child for this purpose 7 means a child whose parent, guardian, custodian, or other adult 8 member of the child’s household unlawfully uses, possesses, 9 manufactures, cultivates, or distributes a dangerous substance 10 in the presence of a child or knowingly allows such activities 11 by another person in the presence of a child; possesses a 12 product with the intent to use the product as a precursor or 13 an intermediary to a dangerous substance in the presence of a 14 child; or unlawfully uses, possesses, manufactures, cultivates, 15 or distributes a dangerous substance that is an amphetamine, 16 a methamphetamine, or a chemical or chemicals that pose a 17 reasonable risk of causing a fire or explosion in a child’s 18 home, on the premises, or in a motor vehicle located on the 19 premises. 20 The bill amends the definition of child abuse to include 21 the acts or omissions of a person responsible for the care of 22 a child which allow or permit a child to be a drug-endangered 23 child. A drug-endangered child for this purpose means a child 24 in a situation where the person responsible for the care of a 25 child unlawfully uses, possesses, manufactures, cultivates, or 26 distributes a dangerous substance in the presence of a child 27 or knowingly allows such activities by another person in the 28 presence of a child; possesses a product with the intent to use 29 the product as a precursor or an intermediary to a dangerous 30 substance in the presence of a child; or unlawfully uses, 31 possesses, manufactures, cultivates, or distributes a dangerous 32 substance that is an amphetamine, a methamphetamine, or a 33 chemical or chemicals that pose a reasonable risk of causing a 34 fire or explosion in a child’s home, on the premises, or in a 35 -4- LSB 2018YH (9) 87 rh/rj 4/ 5

H.F. 276 motor vehicle located on the premises. 1 The bill amends the definitions of “in the presence of a 2 child” and “dangerous substance” for purposes of both child 3 in need of assistance and child abuse definitions. “In 4 the presence of a child” means in the physical presence of 5 a child or occurring under other circumstances in which a 6 reasonably prudent person would know that the use, possession, 7 manufacture, cultivation, or distribution may be seen, 8 smelled, ingested, or heard by a child. The bill includes 9 cocaine, heroin, and opium or opiates in the list of dangerous 10 substances. 11 The bill requires a health practitioner involved in the 12 delivery or care of a newborn or infant, who discovers in the 13 newborn or infant physical or behavioral symptoms that are 14 consistent with the effects of prenatal drug exposure or a 15 fetal alcohol spectrum disorder, to report such information 16 to the department of human services in a manner prescribed by 17 rule of the department. “Health practitioner” is defined in 18 Code section 232.2 to mean a licensed physician or surgeon, 19 osteopathic physician or surgeon, dentist, optometrist, 20 podiatric physician, or chiropractor, a resident or intern 21 of any such profession, and any registered nurse or licensed 22 practical nurse. This reporting requirement is required under 23 the federal Child Abuse Prevention and Treatment Act (CAPTA). 24 -5- LSB 2018YH (9) 87 rh/rj 5/ 5