H.F. 543 Section 1. Section 232.2, subsection 6, paragraph p, Code 1 2017, is amended to read as follows: 2 p. Whose parent, guardian, or custodian , or other adult 3 member of the household in which a child resides does any 4 of the following: unlawfully uses, possesses, manufactures , 5 cultivates, or distributes a dangerous substance in the 6 presence of a child , ; or knowingly allows such use, possession, 7 manufacture , cultivation, or distribution by another person 8 in the presence of a child , ; or in the presence of a child 9 possesses a product containing ephedrine, its salts, optical 10 isomers, salts of optical isomers, or pseudoephedrine, its 11 salts, optical isomers, salts of optical isomers, with the 12 intent to use the product as a precursor or an intermediary to 13 a dangerous substance in the presence of a child; or unlawfully 14 uses, possesses, manufactures, cultivates, or distributes a 15 dangerous substance specified in subparagraph (2), subparagraph 16 division (a), (b), or (c), in a child’s home, on the premises, 17 or in a motor vehicle located on the premises . 18 (1) For the purposes of this paragraph, “in the presence 19 of a child” means in the physical presence of a child during 20 the manufacture or possession, the manufacture or possession 21 occurred in a child’s home, on the premises, or in a motor 22 vehicle located on the premises, or the manufacture or 23 possession occurred or occurring under other circumstances 24 in which a reasonably prudent person would know that the 25 use, possession, manufacture or possession , cultivation, or 26 distribution may be seen, smelled, ingested, or heard by a 27 child. 28 (2) For the purposes of this paragraph, “dangerous 29 substance” means any of the following: 30 (a) Amphetamine, its salts, isomers, or salts of its 31 isomers. 32 (b) Methamphetamine, its salts, isomers, or salts of its 33 isomers. 34 (c) A chemical or combination of chemicals that poses a 35 -1- LSB 2018HV (2) 87 rh/rj 1/ 5

H.F. 543 reasonable risk of causing an explosion, fire, or other danger 1 to the life or health of persons who are in the vicinity while 2 the chemical or combination of chemicals is used or is intended 3 to be used in any of the following: 4 (i) The process of manufacturing an illegal or controlled 5 substance. 6 (ii) As a precursor in the manufacturing of an illegal or 7 controlled substance. 8 (iii) As an intermediary in the manufacturing of an illegal 9 or controlled substance. 10 (d) Cocaine, its salts, isomers, salts of its isomers, or 11 derivatives. 12 (e) Heroin, its salts, isomers, salts of its isomers, or 13 derivatives. 14 (f) Opium and opiate, and any salt, compound, derivative, or 15 preparation of opium or opiate. 16 Sec. 2. Section 232.68, subsection 2, paragraph a, 17 subparagraph (7), Code 2017, is amended to read as follows: 18 (7) The person responsible for the care of a child has , 19 in the presence of the a child, as defined in section 232.2, 20 subsection 6 , paragraph “p” , manufactured unlawfully uses, 21 possesses, manufactures, cultivates, or distributes a dangerous 22 substance, as defined in section 232.2, subsection 6 , paragraph 23 “p” , or in the presence of the child knowingly allows such 24 use, possession, manufacture, cultivation, or distribution 25 by another person in the presence of a child; possesses a 26 product containing ephedrine, its salts, optical isomers, salts 27 of optical isomers, or pseudoephedrine, its salts, optical 28 isomers, salts of optical isomers, 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 specified in section 232.2, subsection 6, paragraph 33 “p” , subparagraph (2), subparagraph division (a), (b), or (c), 34 in a child’s home, on the premises, or in a motor vehicle 35 -2- LSB 2018HV (2) 87 rh/rj 2/ 5

H.F. 543 located on the premises . 1 Sec. 3. Section 232.77, subsection 2, Code 2017, is amended 2 to read as follows: 3 2. a. If a health practitioner discovers in a child 4 physical or behavioral symptoms of the effects of exposure 5 to cocaine, heroin, amphetamine, methamphetamine, or other 6 illegal drugs, or combinations or derivatives thereof, which 7 were not prescribed by a health practitioner, or if the health 8 practitioner has determined through examination of the natural 9 mother of the child that the child was exposed in utero, the 10 health practitioner may perform or cause to be performed a 11 medically relevant test, as defined in section 232.73 , on the 12 child. The practitioner shall report any positive results of 13 such a test on the child to the department. The department 14 shall begin an assessment pursuant to section 232.71B upon 15 receipt of such a report. A positive test result obtained 16 prior to the birth of a child shall not be used for the criminal 17 prosecution of a parent for acts and omissions resulting in 18 intrauterine exposure of the child to an illegal drug. 19 b. If a health practitioner involved in the delivery or 20 care of a newborn or infant discovers in the newborn or infant 21 physical or behavioral symptoms that are consistent with the 22 effects of prenatal drug exposure or a fetal alcohol spectrum 23 disorder, the health practitioner shall report such information 24 to the department in a manner prescribed by rule of the 25 department. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to certain drugs and other substances and 30 child in need of assistance and child abuse cases. 31 The bill amends the definition of a child in need of 32 assistance to provide that an unmarried child whose parent, 33 guardian, custodian, or other adult member of the child’s 34 household unlawfully uses, possesses, manufactures, cultivates, 35 -3- LSB 2018HV (2) 87 rh/rj 3/ 5

H.F. 543 or distributes a dangerous substance in the presence of a child 1 or knowingly allows such activities by another person in the 2 presence of a child; possesses a product with the intent to use 3 the product as a precursor or an intermediary to a dangerous 4 substance in the presence of a child; or unlawfully uses, 5 possesses, manufactures, cultivates, or distributes a dangerous 6 substance that is an amphetamine, a methamphetamine, or a 7 chemical or chemicals that pose a reasonable risk of causing a 8 fire or explosion in a child’s home, on the premises, or in a 9 motor vehicle located on the premises, may be the subject of a 10 child in need of assistance petition. 11 The bill amends the definition of child abuse to provide that 12 a person responsible for the care of a child who unlawfully 13 uses, possesses, manufactures, cultivates, or distributes a 14 dangerous substance in the presence of a child or knowingly 15 allows such activities by another person in the presence of a 16 child; possesses a product with the intent to use the product 17 as a precursor or an intermediary to a dangerous substance 18 in the presence of a child; or unlawfully uses, possesses, 19 manufactures, cultivates, or distributes a dangerous substance 20 that is an amphetamine, a methamphetamine, or a chemical or 21 chemicals that pose a reasonable risk of causing a fire or 22 explosion in a child’s home, on the premises, or in a motor 23 vehicle located on the premises may be the subject of an 24 allegation of child abuse. 25 The bill amends the definitions of “in the presence of a 26 child” and “dangerous substance” for purposes of both child 27 in need of assistance and child abuse definitions. “In 28 the presence of a child” means in the physical presence of 29 a child or occurring under other circumstances in which a 30 reasonably prudent person would know that the use, possession, 31 manufacture, cultivation, or distribution may be seen, 32 smelled, ingested, or heard by a child. The bill includes 33 cocaine, heroin, and opium or opiates in the list of dangerous 34 substances. 35 -4- LSB 2018HV (2) 87 rh/rj 4/ 5

H.F. 543 The bill requires a health practitioner involved in the 1 delivery or care of a newborn or infant, who discovers in the 2 newborn or infant physical or behavioral symptoms that are 3 consistent with the effects of prenatal drug exposure or a 4 fetal alcohol spectrum disorder, to report such information 5 to the department of human services in a manner prescribed by 6 rule of the department. “Health practitioner” is defined in 7 Code section 232.2 to mean a licensed physician or surgeon, 8 osteopathic physician or surgeon, dentist, optometrist, 9 podiatric physician, or chiropractor, a resident or intern 10 of any such profession, and any registered nurse or licensed 11 practical nurse. This reporting requirement is required under 12 the federal Child Abuse Prevention and Treatment Act (CAPTA). 13 -5- LSB 2018HV (2) 87 rh/rj 5/ 5