Senate File 242 - Introduced SENATE FILE 242 BY ALLEN A BILL FOR An Act relating to child in need of assistance and child abuse 1 cases involving certain drugs and other substances. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2018XS (4) 87 rh/rj

S.F. 242 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 in a child’s home, on the premises, or in a 16 motor vehicle located on the premises . 17 (1) For the purposes of this paragraph, “in the presence 18 of a child” means in the physical presence of a child during 19 the manufacture or possession, the manufacture or possession 20 occurred in a child’s home, on the premises, or in a motor 21 vehicle located on the premises, or the manufacture or 22 possession occurred or occurring under other circumstances 23 in which a reasonably prudent person would know that the 24 use, possession, manufacture or possession , cultivation, or 25 distribution may be seen, smelled, or heard by a child. 26 (2) For the purposes of this paragraph, “dangerous 27 substance” means any of the following: 28 (a) Amphetamine, its salts, isomers, or salts of its 29 isomers. 30 (b) Methamphetamine, its salts, isomers, or salts of its 31 isomers. 32 (c) A chemical or combination of chemicals that poses a 33 reasonable risk of causing an explosion, fire, or other danger 34 to the life or health of persons who are in the vicinity while 35 -1- LSB 2018XS (4) 87 rh/rj 1/ 5

S.F. 242 the chemical or combination of chemicals is used or is intended 1 to be used in any of the following: 2 (i) The process of manufacturing an illegal or controlled 3 substance. 4 (ii) As a precursor in the manufacturing of an illegal or 5 controlled substance. 6 (iii) As an intermediary in the manufacturing of an illegal 7 or controlled substance. 8 (d) Cocaine, its salts, isomers, salts of its isomers, or 9 derivatives. 10 (e) Heroin, its salts, isomers, salts of its isomers, or 11 derivatives. 12 (f) Opium and opiate, and any salt, compound, derivative, or 13 preparation of opium or opiate. 14 Sec. 2. Section 232.68, subsection 2, paragraph a, 15 subparagraph (7), Code 2017, is amended to read as follows: 16 (7) The person responsible for the care of a child has , 17 in the presence of the a child, as defined in section 232.2, 18 subsection 6 , paragraph “p” , manufactured unlawfully uses, 19 possesses, manufactures, cultivates, or distributes a dangerous 20 substance, as defined in section 232.2, subsection 6 , paragraph 21 “p” , or in the presence of the child knowingly allows such 22 use, possession, manufacture, cultivation, or distribution 23 by another person in the presence of a child; possesses a 24 product containing ephedrine, its salts, optical isomers, salts 25 of optical isomers, or pseudoephedrine, its salts, optical 26 isomers, salts of optical isomers, with the intent to use 27 the product as a precursor or an intermediary to a dangerous 28 substance in the presence of a child; or unlawfully uses, 29 possesses, manufactures, cultivates, or distributes a dangerous 30 substance in a child’s home, on the premises, or in a motor 31 vehicle located on the premises . 32 Sec. 3. Section 232.77, subsection 2, Code 2017, is amended 33 to read as follows: 34 2. a. If a health practitioner discovers in a child 35 -2- LSB 2018XS (4) 87 rh/rj 2/ 5

S.F. 242 physical or behavioral symptoms of the effects of exposure 1 to cocaine, heroin, amphetamine, methamphetamine, or other 2 illegal drugs, or combinations or derivatives thereof, which 3 were not prescribed by a health practitioner, or if the health 4 practitioner has determined through examination of the natural 5 mother of the child that the child was exposed in utero, the 6 health practitioner may perform or cause to be performed a 7 medically relevant test, as defined in section 232.73 , on the 8 child. The practitioner shall report any positive results of 9 such a test on the child to the department. The department 10 shall begin an assessment pursuant to section 232.71B upon 11 receipt of such a report. A positive test result obtained 12 prior to the birth of a child shall not be used for the criminal 13 prosecution of a parent for acts and omissions resulting in 14 intrauterine exposure of the child to an illegal drug. 15 b. If a health practitioner involved in the delivery or 16 care of a newborn or infant discovers in the newborn or infant 17 physical or behavioral symptoms that are consistent with the 18 effects of prenatal drug exposure or a fetal alcohol spectrum 19 disorder, the health practitioner shall report such information 20 to the department in a manner prescribed by rule of the 21 department. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to certain drugs and other substances and 26 child in need of assistance and child abuse. 27 The bill amends the definition of a child in need of 28 assistance to provide that an unmarried child whose parent, 29 guardian, custodian, or other adult member of the child’s 30 household who unlawfully uses, possesses, manufactures, 31 cultivates, or distributes a dangerous substance in the 32 presence of a child or knowingly allows such activities 33 by another person in the presence of a child; possesses a 34 product with the intent to use the product as a precursor or 35 -3- LSB 2018XS (4) 87 rh/rj 3/ 5

S.F. 242 an intermediary to a dangerous substance in the presence of a 1 child; or unlawfully uses, possesses, manufactures, cultivates, 2 or distributes a dangerous substance in a child’s home, on the 3 premises, or in a motor vehicle located on the premises, may be 4 the subject of a child in need of assistance petition. 5 The bill amends the definition of child abuse to provide that 6 a person responsible for the care of a child who unlawfully 7 uses, possesses, manufactures, cultivates, or distributes a 8 dangerous substance in the presence of a child or knowingly 9 allows such activities by another person in the presence of a 10 child; possesses a product with the intent to use the product 11 as a precursor or an intermediary to a dangerous substance 12 in the presence of a child; or unlawfully uses, possesses, 13 manufactures, cultivates, or distributes a dangerous substance 14 in a child’s home, on the premises, or in a motor vehicle 15 located on the premises may be the subject of an allegation of 16 child abuse. 17 The bill amends the definitions of “in the presence of a 18 child” and “dangerous substance” for purposes of both child 19 in need of assistance and child abuse definitions. “In 20 the presence of a child” means in the physical presence of 21 a child or occurring under other circumstances in which a 22 reasonably prudent person would know that the use, possession, 23 manufacture, cultivation, or distribution may be seen, smelled, 24 or heard by a child. The bill includes cocaine, heroin, and 25 opium or opiates in the list of dangerous substances. 26 The bill requires a health practitioner involved in the 27 delivery or care of a newborn or infant, who discovers in the 28 newborn or infant physical or behavioral symptoms that are 29 consistent with the effects of prenatal drug exposure or a 30 fetal alcohol spectrum disorder, to report such information 31 to the department of human services in a manner prescribed by 32 rule of the department. “Health practitioner” is defined in 33 Code section 232.2 to mean a licensed physician or surgeon, 34 osteopathic physician or surgeon, dentist, optometrist, 35 -4- LSB 2018XS (4) 87 rh/rj 4/ 5

S.F. 242 podiatric physician, or chiropractor, a resident or intern 1 of any such profession, and any registered nurse or licensed 2 practical nurse. This reporting requirement is required under 3 the federal Child Abuse Prevention and Treatment Act (CAPTA). 4 -5- LSB 2018XS (4) 87 rh/rj 5/ 5