House File 2507 - Introduced HOUSE FILE 2507 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HSB 653) A BILL FOR An Act relating to juvenile justice including juvenile 1 delinquency, child in need of assistance and family in need 2 of assistance proceedings, juvenile justice reform, and 3 juvenile court expenses and costs, and including effective 4 date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5240HV (6) 89 dg/rh

H.F. 2507 DIVISION I 1 JUVENILE JUSTICE —— CONSTRUCTION AND DEFINITIONS 2 Section 1. Section 232.1, Code 2022, is amended to read as 3 follows: 4 232.1 Rules of construction. 5 This chapter shall be liberally construed to the end that 6 each child under the jurisdiction of the court shall receive, 7 preferably in the child’s own home, the care, guidance and 8 control that will best serve the child’s welfare and the best 9 interest of the state. When a child is removed from the 10 control of the child’s parents, the court shall secure the 11 least restrictive care for the child care as nearly as possible 12 equivalent to that which should have been given by the parents 13 child’s placement with a preference for placement with the 14 child’s family or a fictive kin . 15 Sec. 2. Section 232.2, subsection 6, Code 2022, is amended 16 by striking the subsection and inserting in lieu thereof the 17 following: 18 6. “Child in need of assistance” means a child who has been 19 found to meet the grounds for adjudication pursuant to section 20 232.96A. 21 Sec. 3. Section 232.2, subsection 9, Code 2022, is amended 22 to read as follows: 23 9. “Court appointed special advocate” means a person duly 24 certified by the child advocacy board created in section 25 237.16 for participation in the court appointed special 26 advocate program and appointed by the court to represent the 27 interests of a child in any judicial proceeding to which the 28 child is a party or is called as a witness or relating to any 29 dispositional order involving the child resulting from such 30 proceeding carry out duties pursuant to section 237.24 . 31 Sec. 4. Section 232.2, Code 2022, is amended by adding the 32 following new subsections: 33 NEW SUBSECTION . 20A. “Fictive kin” means an adult person 34 who is not a relative of a child but who has an emotionally 35 -1- LSB 5240HV (6) 89 dg/rh 1/ 66

H.F. 2507 positive significant relationship with the child or the child’s 1 family. 2 NEW SUBSECTION . 20B. “Foster care” means the provision of 3 parental nurturing, including but not limited to the furnishing 4 of food, lodging, training, education, supervision, treatment, 5 or other care, to a child on a full-time basis by a person, 6 including an adult relative or fictive kin of the child, and 7 where the child is under the placement, care, or supervision 8 of the department, juvenile court services, or tribes with 9 whom the department has entered into an agreement pursuant 10 to a court order or voluntary placement, but not including a 11 guardian of the child. 12 Sec. 5. Section 232.2, subsection 21, paragraph a, Code 13 2022, is amended to read as follows: 14 a. “Guardian” means a person who is not the parent of 15 a child, but who has been appointed by a court or juvenile 16 court having jurisdiction over the child, to have a permanent 17 self-sustaining relationship with the child and to make 18 important decisions which have a permanent effect on the life 19 and development of that child and to promote the general 20 welfare of that child. A guardian may be a court or a juvenile 21 court . Guardian does not mean conservator, as defined in 22 section 633.3 , although a person who is appointed to be a 23 guardian may also be appointed to be a conservator. 24 Sec. 6. Section 232.2, subsection 22, paragraph a, Code 25 2022, is amended to read as follows: 26 a. “Guardian ad litem” means a person appointed by the 27 court to represent the interests of a child in any judicial 28 proceeding to which the child is a party , and includes a court 29 appointed special advocate, except that a court appointed 30 special advocate shall not file motions or petitions pursuant 31 to section 232.54, subsection 1 , paragraphs “a” and “d” , section 32 232.103, subsection 2 , paragraph “c” , and section 232.111 . 33 Sec. 7. Section 232.2, subsection 22, paragraph b, 34 unnumbered paragraph 1, Code 2022, is amended to read as 35 -2- LSB 5240HV (6) 89 dg/rh 2/ 66

H.F. 2507 follows: 1 Unless otherwise enlarged or circumscribed after a finding 2 of good cause by a court or juvenile court having jurisdiction 3 over the child or by operation of law, the duties of a guardian 4 ad litem with respect to a child shall include the following: 5 Sec. 8. Section 232.2, subsection 22, paragraph b, Code 6 2022, is amended by adding the following new subparagraphs: 7 NEW SUBPARAGRAPH . (8) Submitting a written report to 8 the juvenile court and to each of the parties detailing 9 compliance with this subsection. If the guardian ad litem 10 is also appointed to represent the child as an attorney, the 11 written report shall contain an assessment of this dual role 12 and whether there is a need for the court to appoint a separate 13 guardian ad litem. A written report shall be submitted for 14 each court hearing unless otherwise ordered by the court. 15 NEW SUBPARAGRAPH . (9) Providing a sibling of a child 16 not placed with the child with the reasons why the child and 17 the sibling have not been placed together and an explanation 18 of the efforts being made to facilitate placement together 19 or why efforts to place the child and sibling together 20 are not appropriate. This subparagraph shall not apply if 21 the sibling’s age or mental state makes such explanations 22 inappropriate. 23 Sec. 9. Section 232.2, subsection 22, Code 2022, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . e. In determining the best interests of 26 the child, rather than relying solely on a guardian ad litem’s 27 life experiences or instinct, a guardian ad litem shall, with 28 the primary goal of achieving permanency for the child by 29 preserving the child’s family or reunifying the child with the 30 child’s family, do all of the following: 31 (1) Determine the child’s circumstances through a full, 32 independent, and efficient investigation, including the 33 information gathered from the child’s medical, mental health, 34 and education professionals, social workers, other relevant 35 -3- LSB 5240HV (6) 89 dg/rh 3/ 66

H.F. 2507 experts, and other sources obtained in accordance with this 1 subsection. 2 (2) Assess the child and the totality of the child’s 3 circumstances at the time of each placement determination, 4 including any potential trauma to the child that may be caused 5 by any recommended action. 6 (3) Examine all options available to the child in light of 7 the permanency plans. 8 (4) Incorporate a child’s expressed wishes in 9 recommendations and reports. 10 Sec. 10. Section 232.2, Code 2022, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 35A. “Neglect” means the failure on the 13 part of a person responsible for the care of a child to provide 14 for adequate food, shelter, clothing, medical or mental health 15 treatment, supervision, or other care necessary for the child’s 16 health and welfare when financially able to do so or when 17 offered financial or other reasonable means to do so. 18 Sec. 11. Section 232.2, subsection 42, Code 2022, is amended 19 to read as follows: 20 42. “Physical abuse or neglect” or “abuse or neglect” 21 “Physical abuse” means any nonaccidental physical injury 22 suffered by a child as the result of the acts or omissions of 23 the child’s parent, guardian, or custodian or other person 24 legally responsible for the child. 25 Sec. 12. Section 232.2, Code 2022, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 045A. “Putative father” means a person who 28 has been identified by the mother of a child as the child’s 29 potential biological father or a person who claims to be the 30 biological father of a child and who was not married to the 31 child’s mother at the time of the child’s birth, when all of 32 the following circumstances apply: 33 a. Biological testing has not excluded the person as the 34 child’s biological father. 35 -4- LSB 5240HV (6) 89 dg/rh 4/ 66

H.F. 2507 b. No legal father has been established, biological 1 testing excludes the previously identified father, or previous 2 paternity has otherwise been disestablished. 3 c. Information sufficient to identify and find the person 4 has been provided to the county attorney by the mother, the 5 person, or a party to proceedings under this chapter. 6 d. The person has not been found by a court to be 7 uncooperative with genetic testing. 8 Sec. 13. Section 232.2, subsection 46A, Code 2022, is 9 amended by striking the subsection and inserting in lieu 10 thereof the following: 11 46A. “Relative” means an individual related to a child 12 within the fourth degree of consanguinity or affinity, by 13 marriage, or through adoption. For purposes of subchapters III 14 and IV, “relative” includes the parent of a sibling of the child 15 if the sibling’s parent’s parental rights were not previously 16 terminated in relation to the child. 17 Sec. 14. Section 232.2, subsection 52, Code 2022, is amended 18 to read as follows: 19 52. “Sibling” means an individual who is related to 20 another individual by blood, adoption, or affinity through a 21 common legal or biological parent , regardless of whether a 22 common legal or biological parent’s parental rights have been 23 terminated . 24 Sec. 15. Section 232.3, subsection 1, Code 2022, is amended 25 to read as follows: 26 1. During the pendency of an action under this chapter , a 27 party to the action is estopped from litigating concurrently 28 the custody, guardianship, or placement of a child who 29 is the subject of the action, in a court other than the 30 juvenile court. A district judge, district associate judge, 31 magistrate, or judicial hospitalization referee, upon notice 32 of the pendency of an action under this chapter , shall not 33 issue an order, finding, or decision relating to the custody, 34 guardianship, or placement of the child who is the subject of 35 -5- LSB 5240HV (6) 89 dg/rh 5/ 66

H.F. 2507 the action, under any law, including but not limited to chapter 1 232D, 598, 598B , or 633 . 2 DIVISION II 3 JUVENILE DELINQUENCY PROCEEDINGS —— TAKING A CHILD INTO CUSTODY 4 Sec. 16. Section 232.19, subsection 1, paragraph c, Code 5 2022, is amended to read as follows: 6 c. By a peace officer, when the peace officer has 7 reasonable grounds to believe the child has run away from the 8 child’s parents, guardian, or custodian, for the purposes 9 of determining whether the child shall be reunited with the 10 child’s parents, guardian, or custodian , or placed in shelter 11 care , or, if the child is a chronic runaway and the county has 12 an approved county runaway treatment plan, placed in a runaway 13 assessment center under section 232.196 . 14 DIVISION III 15 JUVENILE DELINQUENCY PROCEEDINGS —— JUDICIAL PROCEEDINGS 16 Sec. 17. Section 232.37, subsection 4, Code 2022, is amended 17 to read as follows: 18 4. Service of summons or notice shall be made personally 19 by the sheriff by delivering a copy of the summons or notice 20 to the person being served. If the court determines that 21 personal service of a summons or notice is impracticable, the 22 court may order service by certified mail addressed to the last 23 known address, by publication, or by electronic mail or other 24 electronic means with the consent of the party to be served. 25 Service of summons or notice shall be made not less than five 26 days before the time fixed for hearing. Service of summons, 27 notice, subpoenas or other process, after an initial valid 28 summons or notice, shall be made in accordance with the rules 29 of the court governing such service in civil actions. 30 Sec. 18. Section 232.57, subsection 2, paragraphs d, e, f, 31 and g, Code 2022, are amended to read as follows: 32 d. The parent has been convicted of the murder of another 33 child of the parent . 34 e. The parent has been convicted of the voluntary 35 -6- LSB 5240HV (6) 89 dg/rh 6/ 66

H.F. 2507 manslaughter of another child of the parent . 1 f. The parent has been convicted of aiding or abetting, 2 attempting, conspiring in, or soliciting the commission of 3 the murder or voluntary manslaughter of another child of the 4 parent . 5 g. The parent has been convicted of a felony assault which 6 resulted in serious bodily injury of the child or of another 7 child of the parent . 8 DIVISION IV 9 CHILD IN NEED OF ASSISTANCE PROCEEDINGS —— CHILD ABUSE 10 REPORTING, ASSESSMENT, AND REHABILITATION 11 Sec. 19. Section 232.67, Code 2022, is amended to read as 12 follows: 13 232.67 Legislative findings —— purpose and policy. 14 Children in this state are in urgent need of protection 15 from abuse. It is the purpose and policy of this part 2 of 16 subchapter III to provide the greatest possible protection 17 to victims or potential victims of abuse through encouraging 18 the increased reporting of suspected cases of abuse, ensuring 19 the thorough and prompt assessment of these reports, and 20 providing rehabilitative services, where appropriate and 21 whenever possible to abused children and their families which 22 will stabilize the home environment so that the family can 23 remain intact without further danger to the child. The state 24 recognizes removing a child from the child’s family will cause 25 the child harm and that the harm caused by a child’s removal 26 must be weighed against the potential harm in allowing a child 27 to remain with the child’s family. 28 Sec. 20. Section 232.68, subsection 2, paragraph a, 29 subparagraph (4), subparagraph division (a), Code 2022, is 30 amended to read as follows: 31 (a) The failure on the part of a person responsible for 32 the care of a child to provide for the adequate food, shelter, 33 clothing, medical or mental health treatment, supervision, or 34 other care necessary for the child’s health and welfare when 35 -7- LSB 5240HV (6) 89 dg/rh 7/ 66

H.F. 2507 financially able to do so or when offered financial or other 1 reasonable means to do so and the failure occurred within five 2 years of a report . 3 Sec. 21. Section 232.68, subsection 2, paragraph a, 4 subparagraph (7), Code 2022, is amended to read as follows: 5 (7) The person responsible for the care of a child, 6 in the presence of a child, as defined in section 232.2, 7 subsection 6 , paragraph “p” 232.96A, subsection 16, paragraph 8 “e” , unlawfully uses, possesses, manufactures, cultivates, 9 or distributes a dangerous substance, as defined in section 10 232.2, subsection 6 , paragraph “p” 232.96A, subsection 16, 11 paragraph “f” , or knowingly allows such use, possession, 12 manufacture, cultivation, or distribution by another person in 13 the presence of a child; possesses a product with the intent 14 to use the product as a precursor or an intermediary to a 15 dangerous substance in the presence of a child; or unlawfully 16 uses, possesses, manufactures, cultivates, or distributes a 17 dangerous substance specified in section 232.2, subsection 6 , 18 paragraph “p” , subparagraph (2), subparagraph division (a), 19 (b), or (c) 232.96A, subsection 16, paragraph “f” , subparagraph 20 (1), (2), or (3) , in a child’s home, on the premises, or in a 21 motor vehicle located on the premises and the incident occurred 22 within five years of a report to the department . 23 Sec. 22. Section 232.70, subsection 1, Code 2022, is amended 24 by striking the subsection and inserting in lieu thereof the 25 following: 26 1. Each report made by a mandatory reporter, as defined 27 in section 232.69, subsection 1, or a permissive reporter, as 28 defined in section 232.69, subsection 2, shall be oral. 29 Sec. 23. Section 232.71B, subsection 11, Code 2022, is 30 amended to read as follows: 31 11. Multidisciplinary team. In each county or multicounty 32 area in which more than fifty child abuse reports are made 33 per year, the department shall establish a multidisciplinary 34 team, as defined in section 235A.13, subsection 8 . Upon the 35 -8- LSB 5240HV (6) 89 dg/rh 8/ 66

H.F. 2507 department’s request, a multidisciplinary team shall assist 1 the department in the assessment, diagnosis, and disposition 2 of a child abuse assessment and the subsequent provision of 3 services . 4 DIVISION V 5 CHILD IN NEED OF ASSISTANCE PROCEEDINGS —— TEMPORARY CUSTODY 6 OF A CHILD 7 Sec. 24. Section 232.78, subsection 1, paragraph b, Code 8 2022, is amended to read as follows: 9 b. It appears The court has found that substantial evidence 10 exists to demonstrate that the need for removal outweighs the 11 potential harm removal of the child would cause the child, 12 including but not limited to any physical, emotional, social, 13 and mental trauma the removal may cause the child. 14 c. The court finds that the child’s immediate removal 15 is necessary to avoid imminent danger to the child’s life 16 or health. The circumstances or conditions indicating the 17 presence of such imminent danger shall include but are not 18 limited to any of the following: 19 (1) The refusal or failure of the person responsible for 20 the care of the child to comply with the request of a peace 21 officer, juvenile court officer, or child protection worker 22 for such person to obtain and provide to the requester the 23 results of a physical or mental examination of the child. The 24 request for a physical examination of the child may specify the 25 performance of a medically relevant test. 26 (2) The refusal or failure of the person responsible for 27 the care of the child or a person present in the person’s home 28 to comply with a request of a peace officer, juvenile court 29 officer, or child protection worker for such a person to submit 30 to and provide to the requester the results of a medically 31 relevant test of the person. 32 Sec. 25. Section 232.78, subsection 7, Code 2022, is amended 33 to read as follows: 34 7. Any order entered under this section authorizing 35 -9- LSB 5240HV (6) 89 dg/rh 9/ 66

H.F. 2507 temporary removal of a child must include both all of the 1 following: 2 a. A determination made by the court that continuation 3 of the child in the child’s home would be contrary to the 4 welfare of the child. Such a determination must be made on a 5 case-by-case basis. The grounds for the court’s determination 6 must be explicitly documented and stated in the order. 7 However, preserving the safety of the child must be the court’s 8 paramount consideration. If imminent danger to the child’s 9 life or health exists at the time of the court’s consideration, 10 the determination shall not be a prerequisite to the removal 11 of the child. 12 b. A determination made by the court that the necessity 13 of the removal of the child from the child’s home, due to an 14 imminent risk to the child’s life or health, is greater than 15 the potential harm including but not limited to physical, 16 emotional, social, and mental trauma the removal may cause the 17 child. 18 b. c. A statement informing the child’s parent that the 19 consequences of a permanent removal may include termination of 20 the parent’s rights with respect to the child. 21 Sec. 26. Section 232.78, Code 2022, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 8. a. If the juvenile court determines 24 that the child should be temporarily removed from the child’s 25 home under this section, the court shall consider placing the 26 child in the custody of another parent of the child. If the 27 juvenile court determines placing custody of the child with any 28 of the child’s parents is not in the child’s best interests, 29 the child’s custody shall be transferred to the department for 30 placement of the child in any of the following categories in 31 the following order of priority: 32 (1) An adult relative of the child including but not limited 33 to adult siblings and parents of siblings. 34 (2) A fictive kin. 35 -10- LSB 5240HV (6) 89 dg/rh 10/ 66

H.F. 2507 (3) Any other suitable placement identified by the child’s 1 relatives. 2 (4) An individual licensed to provide foster care pursuant 3 to chapter 237. If the child is placed with a licensed foster 4 care provider, the department shall assign decision-making 5 authority to the foster care provider for the purpose of 6 applying the reasonable and prudent parent standard during the 7 child’s placement. 8 (5) A group care facility, shelter care facility, or other 9 residential treatment facility. 10 b. (1) If the court places custody of the child with the 11 department pursuant to paragraph “a” , the court may identify a 12 category listed in paragraph “a” for placement of the child, but 13 the department shall have the authority to select the specific 14 person or facility within that category for placement, subject 15 to court review at the request of an interested party. 16 (2) The court shall give deference to the department’s 17 decision for placement of a child. A party opposed to the 18 department’s placement of a child shall have the burden 19 to prove the department failed to act in the child’s best 20 interests by unreasonably or irresponsibly failing to discharge 21 its duties in selecting a suitable placement for the child. 22 c. A juvenile court shall not order placement of a child 23 in a category listed in paragraph “a” , subparagraph (2), (3), 24 (4), or (5), without a specific finding that placement with a 25 relative is not in the child’s best interests and shall provide 26 reasons for the court’s finding. 27 Sec. 27. Section 232.79, subsection 2, Code 2022, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . 0c. Make every reasonable effort to place 30 the child with an adult relative or a fictive kin of the child. 31 Sec. 28. Section 232.79A, Code 2022, is amended to read as 32 follows: 33 232.79A Children without adult supervision. 34 If a peace officer determines that a child does not have 35 -11- LSB 5240HV (6) 89 dg/rh 11/ 66

H.F. 2507 adult supervision because the child’s parent, guardian, or 1 other person responsible for the care of the child has been 2 arrested and detained or has been unexpectedly incapacitated, 3 and that no adult who is legally responsible for the care 4 of the child can be located within a reasonable period of 5 time, the peace officer shall attempt to place the child with 6 an adult relative of the child , an adult person who cares 7 for the child, or another adult person who is known to the 8 child or a fictive kin . The person with whom the child is 9 placed is authorized to give consent for emergency medical 10 treatment of the child and shall not be held liable for any 11 action arising from giving the consent. Upon the request 12 of the peace officer, the department shall assist in making 13 the placement. The placement shall not exceed a period of 14 twenty-four hours and shall be terminated when a person who 15 is legally responsible for the care of the child is located 16 and takes custody of the child. If a person who is legally 17 responsible for the care of the child cannot be located within 18 the twenty-four hour period or a placement in accordance with 19 this section is unavailable, the provisions of section 232.79 20 shall apply. If the person with whom the child is placed 21 charges a fee for the care of the child, the fee shall be paid 22 from funds provided in the appropriation to the department for 23 protective child care. 24 Sec. 29. NEW SECTION . 232.79B Safety plans. 25 1. For the purposes of this section, “safety plan” means 26 a short-term, time-limited agreement entered into between the 27 department and a child’s parent designed to address signs of 28 imminent or impending danger to a child identified by the 29 department. 30 2. Upon the department’s determination that potential harm 31 to a child may be mitigated by the development of a safety 32 plan, the department may enter into a safety plan with the 33 child’s parent. 34 3. A safety plan shall not be construed as a removal from 35 -12- LSB 5240HV (6) 89 dg/rh 12/ 66

H.F. 2507 parental custody absent a court order placing the child with a 1 person or facility other than the parent who entered into the 2 safety plan. 3 4. The department shall adopt rules to implement this 4 section. 5 Sec. 30. Section 232.82, Code 2022, is amended to read as 6 follows: 7 232.82 Removal of sexual offenders , and physical abusers , and 8 domestic abusers from the residence pursuant to court order. 9 1. Notwithstanding section 561.15 , if it is alleged by 10 a person authorized to file a petition under section 232.87, 11 subsection 2 , or by the court on its own motion, that a parent, 12 guardian, custodian, or an adult member of the household in 13 which a child resides has committed a sexual offense with or 14 against the child, pursuant to chapter 709 or section 726.2 , or 15 a physical abuse as defined by in section 232.2, subsection 42 , 16 or domestic abuse assault as defined in section 708.2A, against 17 the child or another household member at a location or in a 18 manner a reasonably prudent person would know the child could 19 see, hear, or otherwise experience, the juvenile court may 20 enter an ex parte order requiring the alleged sexual offender , 21 or physical abuser , or domestic abuser to vacate the child’s 22 residence upon a showing that probable cause exists to believe 23 that the sexual offense , or physical abuse , or domestic abuse 24 has occurred and that substantial evidence exists to believe 25 that the presence of the alleged sexual offender , or physical 26 abuser , or domestic abuser in the child’s residence presents a 27 danger to the child’s life or physical, emotional, or mental 28 health. 29 2. If an order is entered under subsection 1 and a petition 30 has not yet been filed under this chapter , the petition shall 31 be filed under section 232.87 by the county attorney, the 32 department of human services, or a juvenile court officer 33 within three days of the entering of the order. 34 3. The juvenile court may order on its own motion, or 35 -13- LSB 5240HV (6) 89 dg/rh 13/ 66

H.F. 2507 shall order upon the request of the alleged sexual offender , 1 or physical abuser, or domestic abuser a hearing to determine 2 whether the order to vacate the residence should be upheld, 3 modified, or vacated. The hearing shall be held within thirty 4 days of removal of the alleged sexual offender, physical 5 abuser, or domestic abuser from the residence. The juvenile 6 court may in any later child in need of assistance proceeding 7 uphold, modify, or vacate the order to vacate the residence. 8 Sec. 31. Section 232.84, subsection 2, Code 2022, is amended 9 to read as follows: 10 2. Within Unless the custody of a child is transferred 11 from one of the child’s parents to another parent of the 12 child, within thirty days after the entry of an order under 13 this chapter transferring custody of a child to an agency for 14 placement removing a child from the custody of a parent or 15 parents of the child , the agency department shall exercise due 16 diligence in identifying and providing notice to the child’s 17 grandparents, aunts, uncles, adult siblings, parents of the 18 child’s siblings, and adult relatives suggested by the child’s 19 parents, subject to exceptions due to the presence of family or 20 domestic violence. 21 Sec. 32. Section 232.84, Code 2022, is amended by adding the 22 following new subsections: 23 NEW SUBSECTION . 4. The agency may share information as 24 necessary to explore a child’s potential placement with any 25 adult relative who may receive notice pursuant to subsection 2. 26 NEW SUBSECTION . 5. If an adult relative entitled to notice 27 pursuant to subsection 2 is later discovered by or identified 28 to the department, the department shall provide notice to that 29 relative within thirty days of that relative becoming known to 30 the department. 31 Sec. 33. NEW SECTION . 232.96A Child in need of assistance 32 adjudication. 33 The court may adjudicate a child in need of assistance 34 if such child is unmarried and meets any of the following 35 -14- LSB 5240HV (6) 89 dg/rh 14/ 66

H.F. 2507 requirements: 1 1. The child’s parent, guardian, or other custodian has 2 abandoned or deserted the child. 3 2. The child’s parent, guardian, other custodian, or 4 other member of the household in which the child resides has 5 physically abused or neglected the child, or is imminently 6 likely to physically abuse or neglect the child. 7 3. The child has suffered or is imminently likely to suffer 8 harmful effects as a result of any of the following: 9 a. Mental injury caused by the acts of the child’s parent, 10 guardian, or custodian. 11 b. The failure of the child’s parent, guardian, custodian, 12 or other member of the household in which the child resides to 13 exercise a reasonable degree of care in supervising the child. 14 c. The child’s parent, guardian, custodian, or person 15 responsible for the care of a child as defined in section 16 232.68, has knowingly disseminated or exhibited obscene 17 material, as defined in section 728.1, to the child. 18 4. The child has been, or is imminently likely to be, 19 sexually abused by the child’s parent, guardian, custodian, or 20 other member of the household in which the child resides. 21 5. The child is in need of medical treatment to cure, 22 alleviate, or prevent serious physical injury or illness and 23 whose parent, guardian, or custodian is unwilling or unable to 24 provide such treatment. 25 6. The child is in need of treatment to cure or alleviate 26 serious mental illness or disorder, or emotional damage 27 as evidenced by severe anxiety, depression, withdrawal, or 28 untoward aggressive behavior toward the child’s self or others 29 and the child’s parent, guardian, or custodian is unwilling to 30 provide such treatment. 31 7. The child’s parent, guardian, or custodian fails to 32 exercise a minimal degree of care in supplying the child with 33 adequate food, clothing, or shelter and refuses other means 34 made available to provide such essentials. 35 -15- LSB 5240HV (6) 89 dg/rh 15/ 66

H.F. 2507 8. The child has committed a delinquent act as a result 1 of pressure, guidance, or approval from a parent, guardian, 2 custodian, or other member of the household in which the child 3 resides. 4 9. The child has been the subject of or a party to sexual 5 activities for hire or who poses for live display or for 6 photographic or other means of pictorial reproduction or 7 display which is designed to appeal to the prurient interest, 8 is patently offensive, and taken as a whole, lacks serious 9 literary, scientific, political, or artistic value. 10 10. The child is without a parent, guardian, or other 11 custodian. 12 11. The child’s parent, guardian, or other custodian for 13 good cause desires to be relieved of the child’s care and 14 custody. 15 12. The child for good cause desires to have the child’s 16 parents relieved of the child’s care and custody. 17 13. The child is in need of treatment to cure or alleviate 18 chemical dependency and whose parent, guardian, or custodian is 19 unwilling or unable to provide such treatment. 20 14. The child’s parent, guardian, or custodian suffers 21 from a mental incapacity, a mental condition, imprisonment, or 22 drug or alcohol abuse that results in the child not receiving 23 adequate care or being imminently likely not to receive 24 adequate care. 25 15. The child’s body has an illegal drug present as a 26 direct and foreseeable consequence of the acts or omissions of 27 the child’s parent, guardian, or custodian. The presence of 28 the drug shall be determined in accordance with a medically 29 relevant test as defined in section 232.73. 30 16. The child’s parent, guardian, custodian, or other adult 31 member of the household in which a child resides does any of 32 the following: 33 a. Unlawfully uses, possesses, manufactures, cultivates, or 34 distributes a dangerous substance in the presence of the child. 35 -16- LSB 5240HV (6) 89 dg/rh 16/ 66

H.F. 2507 b. Knowingly allows the use, possession, manufacture, 1 cultivation, or distribution of a dangerous substance by 2 another person in the presence of the child. 3 c. Possesses a product with the intent to use the product as 4 a precursor or an intermediary to a dangerous substance in the 5 presence of the child. 6 d. Unlawfully uses, possesses, manufactures, cultivates, 7 or distributes a dangerous substance listed in paragraph “f” , 8 subparagraph (1), (2), or (3), in the child’s home, on the 9 premises, or in a motor vehicle located on the premises. 10 e. For the purposes of this subsection, “ in the presence of 11 a child” means in the physical presence of a child or occurring 12 under other circumstances in which a reasonably prudent person 13 would know that the use, possession, manufacture, cultivation, 14 or distribution of a dangerous substance may be seen, smelled, 15 ingested, or heard by a child. 16 f. For the purposes of this subsection, “dangerous 17 substance” means any of the following: 18 (1) Amphetamine, its salts, isomers, or salts of its 19 isomers. 20 (2) Methamphetamine, its salts, isomers, or salts of its 21 isomers. 22 (3) A chemical or combination of chemicals that poses a 23 reasonable risk of causing an explosion, fire, or other danger 24 to the life or health of persons who are in the vicinity while 25 the chemical or combination of chemicals is used or is intended 26 to be used in any of the following: 27 (a) The process of manufacturing an illegal or controlled 28 substance. 29 (b) As a precursor in the manufacturing of an illegal or 30 controlled substance. 31 (c) As an intermediary in the manufacturing of an illegal 32 or controlled substance. 33 (4) Cocaine, its salts, isomers, salts of its isomers, or 34 derivatives. 35 -17- LSB 5240HV (6) 89 dg/rh 17/ 66

H.F. 2507 (5) Heroin, its salts, isomers, salts of its isomers, or 1 derivatives. 2 (6) Opium and opiate, and any salt, compound, derivative, or 3 preparation of opium or opiate. 4 17. The child is a newborn infant whose parent has 5 voluntarily released custody of the child in accordance with 6 chapter 233. 7 DIVISION VI 8 CHILD IN NEED OF ASSISTANCE PROCEEDINGS —— JUDICIAL PROCEEDINGS 9 Sec. 34. Section 232.89, subsection 1, Code 2022, is amended 10 to read as follows: 11 1. Upon the filing of a petition the parent, guardian, 12 putative father, or custodian identified in the petition shall 13 have the right to counsel in connection with all subsequent 14 hearings and proceedings. If that person desires but is 15 financially unable to employ counsel, the court shall appoint 16 counsel. 17 Sec. 35. Section 232.89, subsection 2, paragraph a, Code 18 2022, is amended to read as follows: 19 a. If the child is represented by counsel and the court 20 determines there is a conflict of interest between the child 21 and the child’s parent, guardian, putative father, or custodian 22 and that the retained counsel could not properly represent the 23 child as a result of the conflict, the court shall appoint 24 other counsel to represent the child, who shall be compensated 25 pursuant to the provisions of subsection 3 . 26 Sec. 36. Section 232.89, subsection 4, Code 2022, is amended 27 to read as follows: 28 4. The same person may serve both as the child’s counsel 29 and as guardian ad litem. However, the court may appoint a 30 separate guardian ad litem, if the same person cannot properly 31 represent the legal interests of the child as legal counsel 32 and also represent the best interest interests of the child as 33 guardian ad litem in accordance with section 232.2, subsection 34 22, paragraph “e” , or a separate guardian ad litem is required 35 -18- LSB 5240HV (6) 89 dg/rh 18/ 66