Senate Study Bill 3102 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF HUMAN SERVICES BILL) 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 5240XD (7) 89 dg/rh

S.F. _____ H.F. _____ 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 5240XD (7) 89 dg/rh 1/ 63

S.F. _____ H.F. _____ significant relationship with the child or the child’s family. 1 NEW SUBSECTION . 20B. “Foster care” means the provision of 2 parental nurturing, including but not limited to the furnishing 3 of food, lodging, training, education, supervision, treatment, 4 or other care, to a child on a full-time basis by a person, 5 including an adult relative or fictive kin of the child, and 6 where the child is under the placement, care, or supervision 7 of the department, juvenile court services, or tribes with 8 whom the department has entered into an agreement pursuant 9 to a court order or voluntary placement, but not including a 10 guardian of the child. 11 Sec. 5. Section 232.2, subsection 21, paragraph a, Code 12 2022, is amended to read as follows: 13 a. “Guardian” means a person who is not the parent of 14 a child, but who has been appointed by a court or juvenile 15 court having jurisdiction over the child, to have a permanent 16 self-sustaining relationship with the child and to make 17 important decisions which have a permanent effect on the life 18 and development of that child and to promote the general 19 welfare of that child. A guardian may be a court or a juvenile 20 court . Guardian does not mean conservator, as defined in 21 section 633.3 , although a person who is appointed to be a 22 guardian may also be appointed to be a conservator. 23 Sec. 6. Section 232.2, subsection 22, paragraph a, Code 24 2022, is amended to read as follows: 25 a. “Guardian ad litem” means a person appointed by the 26 court to represent the interests of a child in any judicial 27 proceeding to which the child is a party , and includes a court 28 appointed special advocate, except that a court appointed 29 special advocate shall not file motions or petitions pursuant 30 to section 232.54, subsection 1 , paragraphs “a” and “d” , section 31 232.103, subsection 2 , paragraph “c” , and section 232.111 . 32 Sec. 7. Section 232.2, subsection 22, paragraph b, 33 unnumbered paragraph 1, Code 2022, is amended to read as 34 follows: 35 -2- LSB 5240XD (7) 89 dg/rh 2/ 63

S.F. _____ H.F. _____ Unless otherwise enlarged or circumscribed after a finding 1 of good cause by a court or juvenile court having jurisdiction 2 over the child or by operation of law, the duties of a guardian 3 ad litem with respect to a child shall include the following: 4 Sec. 8. Section 232.2, subsection 22, paragraph b, Code 5 2022, is amended by adding the following new subparagraphs: 6 NEW SUBPARAGRAPH . (8) Submitting a written report to 7 the juvenile court and to each of the parties detailing 8 compliance with this subsection. If the guardian ad litem 9 is also appointed to represent the child as an attorney, the 10 written report shall contain an assessment of this dual role 11 and whether there is a need for the court to appoint a separate 12 guardian ad litem. A written report shall be submitted for 13 each court hearing unless otherwise ordered by the court. 14 NEW SUBPARAGRAPH . (9) Providing a sibling of a child 15 not placed with the child with the reasons why the child and 16 the sibling have not been placed together and an explanation 17 of the efforts being made to facilitate placement together 18 or why efforts to place the child and sibling together 19 are not appropriate. This subparagraph shall not apply if 20 the sibling’s age or mental state makes such explanations 21 inappropriate. 22 Sec. 9. Section 232.2, subsection 22, Code 2022, is amended 23 by adding the following new paragraph: 24 NEW PARAGRAPH . e. In determining the best interests of 25 the child, rather than relying solely on a guardian ad litem’s 26 life experiences or instinct, a guardian ad litem shall, with 27 the primary goal of achieving permanency for the child by 28 preserving the child’s family or reunifying the child with the 29 child’s family, do all of the following: 30 (1) Determine the child’s circumstances through a full, 31 independent, and efficient investigation, including the 32 information gathered pursuant to this subsection. 33 (2) Assess the child at the moment of the determination 34 pursuant to subparagraph (1), including any potential trauma to 35 -3- LSB 5240XD (7) 89 dg/rh 3/ 63

S.F. _____ H.F. _____ the child that may be caused by any recommended action. 1 (3) Examine all options available to the child in light of 2 the permanency plans. 3 (4) Utilize medical, mental health and educational 4 professionals, social workers, and other related experts. 5 (5) Incorporate a child’s expressed wishes in 6 recommendations and reports. 7 Sec. 10. Section 232.2, Code 2022, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 35A. “Neglect” means the failure on the 10 part of a person responsible for the care of a child to provide 11 for adequate food, shelter, clothing, medical or mental health 12 treatment, supervision, or other care necessary for the child’s 13 health and welfare when financially able to do so or when 14 offered financial or other reasonable means to do so. 15 Sec. 11. Section 232.2, subsection 42, Code 2022, is amended 16 to read as follows: 17 42. “Physical abuse or neglect” or “abuse or neglect” 18 “Physical abuse” means any nonaccidental physical injury 19 suffered by a child as the result of the acts or omissions of 20 the child’s parent, guardian, or custodian or other person 21 legally responsible for the child. 22 Sec. 12. Section 232.2, Code 2022, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 045A. “Putative father” means a person who 25 has been identified by the mother of a child as the child’s 26 potential biological father or a person who claims to be the 27 biological father of a child and who was not married to the 28 child’s mother at the time of the child’s birth, when all of 29 the following circumstances apply: 30 a. Biological testing has not excluded the person as the 31 child’s biological father. 32 b. No legal father has been established, biological 33 testing excludes the previously identified father, or previous 34 paternity has otherwise been disestablished. 35 -4- LSB 5240XD (7) 89 dg/rh 4/ 63

S.F. _____ H.F. _____ c. Information sufficient to identify and find the person 1 has been provided to the county attorney by the mother, the 2 person, or a party to proceedings under this chapter. 3 d. The person has not been found by a court to be 4 uncooperative with genetic testing. 5 Sec. 13. Section 232.2, subsection 46A, Code 2022, is 6 amended by striking the subsection and inserting in lieu 7 thereof the following: 8 46A. “Relative” means an individual related to a child 9 within the fourth degree of consanguinity or affinity, by 10 marriage, or through adoption. For purposes of subchapters III 11 and IV, “relative” includes the parent of a sibling of the child 12 if the sibling’s parent’s parental rights were not previously 13 terminated in relation to the child. 14 Sec. 14. Section 232.2, subsection 52, Code 2022, is amended 15 to read as follows: 16 52. “Sibling” means an individual who is related to 17 another individual by blood, adoption, or affinity through a 18 common legal or biological parent , regardless of whether a 19 common legal or biological parent’s parental rights have been 20 terminated . 21 Sec. 15. Section 232.3, subsection 1, Code 2022, is amended 22 to read as follows: 23 1. During the pendency of an action under this chapter , a 24 party to the action is estopped from litigating concurrently 25 the custody, guardianship, or placement of a child who 26 is the subject of the action, in a court other than the 27 juvenile court. A district judge, district associate judge, 28 magistrate, or judicial hospitalization referee, upon notice 29 of the pendency of an action under this chapter , shall not 30 issue an order, finding, or decision relating to the custody, 31 guardianship, or placement of the child who is the subject of 32 the action, under any law, including but not limited to chapter 33 232D, 598, 598B , or 633 . 34 DIVISION II 35 -5- LSB 5240XD (7) 89 dg/rh 5/ 63

S.F. _____ H.F. _____ JUVENILE DELINQUENCY PROCEEDINGS —— TAKING A CHILD INTO CUSTODY 1 Sec. 16. Section 232.19, subsection 1, paragraph c, Code 2 2022, is amended to read as follows: 3 c. By a peace officer, when the peace officer has 4 reasonable grounds to believe the child has run away from the 5 child’s parents, guardian, or custodian, for the purposes 6 of determining whether the child shall be reunited with the 7 child’s parents, guardian, or custodian , or placed in shelter 8 care , or, if the child is a chronic runaway and the county has 9 an approved county runaway treatment plan, placed in a runaway 10 assessment center under section 232.196 . 11 DIVISION III 12 JUVENILE DELINQUENCY PROCEEDINGS —— JUDICIAL PROCEEDINGS 13 Sec. 17. Section 232.37, subsection 4, Code 2022, is amended 14 to read as follows: 15 4. Service of summons or notice shall be made personally 16 by the sheriff by delivering a copy of the summons or notice 17 to the person being served. If the court determines that 18 personal service of a summons or notice is impracticable, the 19 court may order service by certified mail addressed to the last 20 known address, by publication, or by electronic mail or other 21 electronic means with the consent of the party to be served. 22 Service of summons or notice shall be made not less than five 23 days before the time fixed for hearing. Service of summons, 24 notice, subpoenas or other process, after an initial valid 25 summons or notice, shall be made in accordance with the rules 26 of the court governing such service in civil actions. 27 Sec. 18. Section 232.57, subsection 2, paragraphs d, e, f, 28 and g, Code 2022, are amended to read as follows: 29 d. The parent has been convicted of the murder of another 30 child of the parent . 31 e. The parent has been convicted of the voluntary 32 manslaughter of another child of the parent . 33 f. The parent has been convicted of aiding or abetting, 34 attempting, conspiring in, or soliciting the commission of 35 -6- LSB 5240XD (7) 89 dg/rh 6/ 63

S.F. _____ H.F. _____ the murder or voluntary manslaughter of another child of the 1 parent . 2 g. The parent has been convicted of a felony assault which 3 resulted in serious bodily injury of the child or of another 4 child of the parent . 5 DIVISION IV 6 CHILD IN NEED OF ASSISTANCE PROCEEDINGS —— CHILD ABUSE 7 REPORTING, ASSESSMENT, AND REHABILITATION 8 Sec. 19. Section 232.67, Code 2022, is amended to read as 9 follows: 10 232.67 Legislative findings —— purpose and policy. 11 Children in this state are in urgent need of protection 12 from abuse. It is the purpose and policy of this part 2 of 13 subchapter III to provide the greatest possible protection 14 to victims or potential victims of abuse through encouraging 15 the increased reporting of suspected cases of abuse, ensuring 16 the thorough and prompt assessment of these reports, and 17 providing rehabilitative services, where appropriate and 18 whenever possible to abused children and their families which 19 will stabilize the home environment so that the family can 20 remain intact without further danger to the child. The state 21 recognizes removing a child from the child’s family will cause 22 the child harm and that the harm caused by a child’s removal 23 must be weighed against the potential harm in allowing a child 24 to remain with the child’s family. 25 Sec. 20. Section 232.68, subsection 2, paragraph a, 26 subparagraph (4), subparagraph division (a), Code 2022, is 27 amended to read as follows: 28 (a) The failure on the part of a person responsible for 29 the care of a child to provide for the adequate food, shelter, 30 clothing, medical or mental health treatment, supervision, or 31 other care necessary for the child’s health and welfare when 32 financially able to do so or when offered financial or other 33 reasonable means to do so and the failure occurred within five 34 years of a report . 35 -7- LSB 5240XD (7) 89 dg/rh 7/ 63

S.F. _____ H.F. _____ Sec. 21. Section 232.68, subsection 2, paragraph a, 1 subparagraph (7), Code 2022, is amended to read as follows: 2 (7) The person responsible for the care of a child, 3 in the presence of a child, as defined in section 232.2, 4 subsection 6 , paragraph “p” 232.96A, subsection 16, paragraph 5 “e” , unlawfully uses, possesses, manufactures, cultivates, 6 or distributes a dangerous substance, as defined in section 7 232.2, subsection 6 , paragraph “p” 232.96A, subsection 16, 8 paragraph “f” , or knowingly allows such use, possession, 9 manufacture, cultivation, or distribution by another person in 10 the presence of a child; possesses a product with the intent 11 to use the product as a precursor or an intermediary to a 12 dangerous substance in the presence of a child; or unlawfully 13 uses, possesses, manufactures, cultivates, or distributes a 14 dangerous substance specified in section 232.2, subsection 6 , 15 paragraph “p” , subparagraph (2), subparagraph division (a), 16 (b), or (c) 232.96A, subsection 16, paragraph “f” , subparagraph 17 (1), (2), or (3) , in a child’s home, on the premises, or in a 18 motor vehicle located on the premises and the incident occurred 19 within five years of a report to the department . 20 Sec. 22. Section 232.70, subsection 1, Code 2022, is amended 21 by striking the subsection and inserting in lieu thereof the 22 following: 23 1. Each report made by a mandatory reporter, as defined 24 in section 232.69, subsection 1, or a permissive reporter, as 25 defined in section 232.69, subsection 2, shall be oral. 26 Sec. 23. Section 232.71B, subsection 11, Code 2022, is 27 amended to read as follows: 28 11. Multidisciplinary team. In each county or multicounty 29 area in which more than fifty child abuse reports are made 30 per year, the department shall establish a multidisciplinary 31 team, as defined in section 235A.13, subsection 8 . Upon the 32 department’s request, a multidisciplinary team shall assist 33 the department in the assessment, diagnosis, and disposition 34 of a child abuse assessment and the subsequent provision of 35 -8- LSB 5240XD (7) 89 dg/rh 8/ 63

S.F. _____ H.F. _____ services . 1 DIVISION V 2 CHILD IN NEED OF ASSISTANCE PROCEEDINGS —— TEMPORARY CUSTODY 3 OF A CHILD 4 Sec. 24. Section 232.78, subsection 1, paragraph b, Code 5 2022, is amended to read as follows: 6 b. It The court has found that substantial evidence 7 exists to demonstrate that the need for removal outweighs the 8 potential harm removal of the child would cause the child, 9 including but not limited to any physical, emotional, social, 10 and mental trauma the removal may cause the child. 11 c. The court finds that it appears that the child’s 12 immediate removal is necessary to avoid imminent danger to 13 the child’s life or health. The circumstances or conditions 14 indicating the presence of such imminent danger shall include 15 but are not limited to any of the following: 16 (1) The refusal or failure of the person responsible for 17 the care of the child to comply with the request of a peace 18 officer, juvenile court officer, or child protection worker 19 for such person to obtain and provide to the requester the 20 results of a physical or mental examination of the child. The 21 request for a physical examination of the child may specify the 22 performance of a medically relevant test. 23 (2) The refusal or failure of the person responsible for 24 the care of the child or a person present in the person’s home 25 to comply with a request of a peace officer, juvenile court 26 officer, or child protection worker for such a person to submit 27 to and provide to the requester the results of a medically 28 relevant test of the person. 29 Sec. 25. Section 232.78, subsection 7, Code 2022, is amended 30 to read as follows: 31 7. Any order entered under this section authorizing 32 temporary removal of a child must include both all of the 33 following: 34 a. A determination made by the court that continuation 35 -9- LSB 5240XD (7) 89 dg/rh 9/ 63

S.F. _____ H.F. _____ of the child in the child’s home would be contrary to the 1 welfare of the child. Such a determination must be made on a 2 case-by-case basis. The grounds for the court’s determination 3 must be explicitly documented and stated in the order. 4 However, preserving the safety of the child must be the court’s 5 paramount consideration. If imminent danger to the child’s 6 life or health exists at the time of the court’s consideration, 7 the determination shall not be a prerequisite to the removal 8 of the child. 9 b. A determination made by the court that the necessity 10 of the removal of the child from the child’s home, due to an 11 imminent risk to the child’s life or health, is greater than 12 the potential harm including but not limited to physical, 13 emotional, social, and mental trauma the removal may cause the 14 child. 15 b. c. A statement informing the child’s parent that the 16 consequences of a permanent removal may include termination of 17 the parent’s rights with respect to the child. 18 Sec. 26. Section 232.78, Code 2022, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 8. a. If the juvenile court determines 21 that the child should be temporarily removed from the child’s 22 home under this section, the court shall consider placing the 23 child in the custody of another parent of the child. If the 24 juvenile court determines placing custody of the child with any 25 of the child’s parents is not in the child’s best interests, 26 the child’s custody shall be transferred to the department for 27 placement of the child in any of the following categories in 28 the following order of priority: 29 (1) An adult relative of the child including but not limited 30 to adult siblings and parents of siblings. 31 (2) A fictive kin. 32 (3) Any other suitable placement identified by the child’s 33 relatives. 34 (4) An individual licensed to provide foster care pursuant 35 -10- LSB 5240XD (7) 89 dg/rh 10/ 63

S.F. _____ H.F. _____ to chapter 237. If the child is placed with a licensed foster 1 care provider, the department shall assign decision-making 2 authority to the foster care provider for the purpose of 3 applying the reasonable and prudent parent standard during the 4 child’s placement. 5 (5) A group care facility, shelter care facility, or other 6 residential treatment facility. 7 b. If the juvenile court places custody of the child with 8 the department pursuant to paragraph “a” , the court may identify 9 a category listed in paragraph “a” , for placement of the child, 10 but the department shall have the sole authority to select the 11 specific person or facility within that category for placement. 12 c. A juvenile court shall not order placement of a child 13 in a category listed in paragraph “a” , subparagraph (2), (3), 14 (4), or (5), without a specific finding that placement with a 15 relative is not in the child’s best interests and shall provide 16 reasons for the court’s finding. 17 Sec. 27. Section 232.79, subsection 2, Code 2022, is amended 18 by adding the following new paragraph: 19 NEW PARAGRAPH . 0c. Make every reasonable effort to place 20 the child with an adult relative or a fictive kin of the child. 21 Sec. 28. Section 232.79A, Code 2022, is amended to read as 22 follows: 23 232.79A Children without adult supervision. 24 If a peace officer determines that a child does not have 25 adult supervision because the child’s parent, guardian, or 26 other person responsible for the care of the child has been 27 arrested and detained or has been unexpectedly incapacitated, 28 and that no adult who is legally responsible for the care 29 of the child can be located within a reasonable period of 30 time, the peace officer shall attempt to place the child with 31 an adult relative of the child , an adult person who cares 32 for the child, or another adult person who is known to the 33 child or a fictive kin . The person with whom the child is 34 placed is authorized to give consent for emergency medical 35 -11- LSB 5240XD (7) 89 dg/rh 11/ 63

S.F. _____ H.F. _____ treatment of the child and shall not be held liable for any 1 action arising from giving the consent. Upon the request 2 of the peace officer, the department shall assist in making 3 the placement. The placement shall not exceed a period of 4 twenty-four hours and shall be terminated when a person who 5 is legally responsible for the care of the child is located 6 and takes custody of the child. If a person who is legally 7 responsible for the care of the child cannot be located within 8 the twenty-four hour period or a placement in accordance with 9 this section is unavailable, the provisions of section 232.79 10 shall apply. If the person with whom the child is placed 11 charges a fee for the care of the child, the fee shall be paid 12 from funds provided in the appropriation to the department for 13 protective child care. 14 Sec. 29. NEW SECTION . 232.79B Safety plans. 15 1. For the purposes of this section, “safety plan” means 16 a short-term, time-limited agreement entered into between the 17 department and a child’s parent designed to address signs of 18 imminent or impending danger to a child identified by the 19 department. 20 2. Upon the department’s determination that potential harm 21 to a child may be mitigated by the development of a safety 22 plan, the department may enter into a safety plan with the 23 child’s parent. 24 3. A safety plan shall not be construed as a removal from 25 parental custody absent a court order placing the child with a 26 person or facility other than the parent who entered into the 27 safety plan. 28 4. The department shall adopt rules to implement this 29 section. 30 Sec. 30. Section 232.82, Code 2022, is amended to read as 31 follows: 32 232.82 Removal of sexual offenders , and physical abusers , and 33 domestic abusers from the residence pursuant to court order. 34 1. Notwithstanding section 561.15 , if it is alleged by 35 -12- LSB 5240XD (7) 89 dg/rh 12/ 63

S.F. _____ H.F. _____ a person authorized to file a petition under section 232.87, 1 subsection 2 , or by the court on its own motion, that a parent, 2 guardian, custodian, or an adult member of the household in 3 which a child resides has committed a sexual offense with or 4 against the child, pursuant to chapter 709 or section 726.2 , or 5 a physical abuse as defined by in section 232.2, subsection 42 , 6 or domestic abuse assault as defined in section 708.2A, against 7 the child or another household member at a location or in a 8 manner a reasonably prudent person would know the child could 9 see, hear, or otherwise experience, the juvenile court may 10 enter an ex parte order requiring the alleged sexual offender , 11 or physical abuser , or domestic abuser to vacate the child’s 12 residence upon a showing that probable cause exists to believe 13 that the sexual offense , or physical abuse , or domestic abuse 14 has occurred and that substantial evidence exists to believe 15 that the presence of the alleged sexual offender , or physical 16 abuser , or domestic abuser in the child’s residence presents a 17 danger to the child’s life or physical, emotional, or mental 18 health. 19 2. If an order is entered under subsection 1 and a petition 20 has not yet been filed under this chapter , the petition shall 21 be filed under section 232.87 by the county attorney, the 22 department of human services, or a juvenile court officer 23 within three days of the entering of the order. 24 3. The juvenile court may order on its own motion, or 25 shall order upon the request of the alleged sexual offender , 26 or physical abuser, or domestic abuser a hearing to determine 27 whether the order to vacate the residence should be upheld, 28 modified, or vacated. The hearing shall be held within thirty 29 days of removal of the alleged sexual offender, physical 30 abuser, or domestic abuser from the residence. The juvenile 31 court may in any later child in need of assistance proceeding 32 uphold, modify, or vacate the order to vacate the residence. 33 Sec. 31. Section 232.84, subsection 2, Code 2022, is amended 34 to read as follows: 35 -13- LSB 5240XD (7) 89 dg/rh 13/ 63

S.F. _____ H.F. _____ 2. Within Unless the custody of a child is transferred 1 from one of the child’s parents to another parent of the 2 child, within thirty days after the entry of an order under 3 this chapter transferring custody of a child to an agency for 4 placement removing a child from the custody of a parent or 5 parents of the child , the agency department shall exercise due 6 diligence in identifying and providing notice to the child’s 7 grandparents, aunts, uncles, adult siblings, parents of the 8 child’s siblings, and adult relatives suggested by the child’s 9 parents, subject to exceptions due to the presence of family or 10 domestic violence. 11 Sec. 32. Section 232.84, Code 2022, is amended by adding the 12 following new subsections: 13 NEW SUBSECTION . 4. The agency may share information as 14 necessary to explore a child’s potential placement with any 15 adult relative who may receive notice pursuant to subsection 2. 16 NEW SUBSECTION . 5. If an adult relative entitled to notice 17 pursuant to subsection 2 is later discovered by or identified 18 to the department, the department shall provide notice to that 19 relative within thirty days of that relative becoming known to 20 the department. 21 Sec. 33. NEW SECTION . 232.96A Child in need of assistance 22 adjudication. 23 The court may adjudicate a child in need of assistance 24 if such child is unmarried and meets any of the following 25 requirements: 26 1. The child’s parent, guardian, or other custodian has 27 abandoned or deserted the child. 28 2. The child’s parent, guardian, other custodian, or 29 other member of the household in which the child resides has 30 physically abused or neglected the child, or is imminently 31 likely to physically abuse or neglect the child. 32 3. The child has suffered or is imminently likely to suffer 33 harmful effects as a result of any of the following: 34 a. Mental injury caused by the acts of the child’s parent, 35 -14- LSB 5240XD (7) 89 dg/rh 14/ 63

S.F. _____ H.F. _____ guardian, or custodian. 1 b. The failure of the child’s parent, guardian, custodian, 2 or other member of the household in which the child resides to 3 exercise a reasonable degree of care in supervising the child. 4 c. The child’s parent, guardian, custodian, or person 5 responsible for the care of a child as defined in section 6 232.68, has knowingly disseminated or exhibited obscene 7 material, as defined in section 728.1, to the child. 8 4. The child has been, or is imminently likely to be, 9 sexually abused by the child’s parent, guardian, custodian, or 10 other member of the household in which the child resides. 11 5. The child is in need of medical treatment to cure, 12 alleviate, or prevent serious physical injury or illness and 13 whose parent, guardian, or custodian is unwilling or unable to 14 provide such treatment. 15 6. The child is in need of treatment to cure or alleviate 16 serious mental illness or disorder, or emotional damage 17 as evidenced by severe anxiety, depression, withdrawal, or 18 untoward aggressive behavior toward the child’s self or others 19 and the child’s parent, guardian, or custodian is unwilling to 20 provide such treatment. 21 7. The child’s parent, guardian, or custodian fails to 22 exercise a minimal degree of care in supplying the child with 23 adequate food, clothing, or shelter and refuses other means 24 made available to provide such essentials. 25 8. The child has committed a delinquent act as a result 26 of pressure, guidance, or approval from a parent, guardian, 27 custodian, or other member of the household in which the child 28 resides. 29 9. The child has been the subject of or a party to sexual 30 activities for hire or who poses for live display or for 31 photographic or other means of pictorial reproduction or 32 display which is designed to appeal to the prurient interest, 33 is patently offensive, and taken as a whole, lacks serious 34 literary, scientific, political, or artistic value. 35 -15- LSB 5240XD (7) 89 dg/rh 15/ 63

S.F. _____ H.F. _____ 10. The child is without a parent, guardian, or other 1 custodian. 2 11. The child’s parent, guardian, or other custodian for 3 good cause desires to be relieved of the child’s care and 4 custody. 5 12. The child for good cause desires to have the child’s 6 parents relieved of the child’s care and custody. 7 13. The child is in need of treatment to cure or alleviate 8 chemical dependency and whose parent, guardian, or custodian is 9 unwilling or unable to provide such treatment. 10 14. The child’s parent, guardian, or custodian suffers 11 from a mental incapacity, a mental condition, imprisonment, or 12 drug or alcohol abuse that results in the child not receiving 13 adequate care or being imminently likely not to receive 14 adequate care. 15 15. The child’s body has an illegal drug present as a 16 direct and foreseeable consequence of the acts or omissions of 17 the child’s parent, guardian, or custodian. The presence of 18 the drug shall be determined in accordance with a medically 19 relevant test as defined in section 232.73. 20 16. The child’s parent, guardian, custodian, or other adult 21 member of the household in which a child resides does any of 22 the following: 23 a. Unlawfully uses, possesses, manufactures, cultivates, or 24 distributes a dangerous substance in the presence of the child. 25 b. Knowingly allows the use, possession, manufacture, 26 cultivation, or distribution of a dangerous substance by 27 another person in the presence of the child. 28 c. Possesses a product with the intent to use the product as 29 a precursor or an intermediary to a dangerous substance in the 30 presence of the child. 31 d. Unlawfully uses, possesses, manufactures, cultivates, 32 or distributes a dangerous substance listed in paragraph “f” , 33 subparagraph (1), (2), or (3), in the child’s home, on the 34 premises, or in a motor vehicle located on the premises. 35 -16- LSB 5240XD (7) 89 dg/rh 16/ 63

S.F. _____ H.F. _____ e. For the purposes of this subsection, “ in the presence of 1 a child” means in the physical presence of a child or occurring 2 under other circumstances in which a reasonably prudent person 3 would know that the use, possession, manufacture, cultivation, 4 or distribution of a dangerous substance may be seen, smelled, 5 ingested, or heard by a child. 6 f. For the purposes of this subsection, “dangerous 7 substance” means any of the following: 8 (1) Amphetamine, its salts, isomers, or salts of its 9 isomers. 10 (2) Methamphetamine, its salts, isomers, or salts of its 11 isomers. 12 (3) A chemical or combination of chemicals that poses a 13 reasonable risk of causing an explosion, fire, or other danger 14 to the life or health of persons who are in the vicinity while 15 the chemical or combination of chemicals is used or is intended 16 to be used in any of the following: 17 (a) The process of manufacturing an illegal or controlled 18 substance. 19 (b) As a precursor in the manufacturing of an illegal or 20 controlled substance. 21 (c) As an intermediary in the manufacturing of an illegal 22 or controlled substance. 23 (4) Cocaine, its salts, isomers, salts of its isomers, or 24 derivatives. 25 (5) Heroin, its salts, isomers, salts of its isomers, or 26 derivatives. 27 (6) Opium and opiate, and any salt, compound, derivative, or 28 preparation of opium or opiate. 29 17. The child is a newborn infant whose parent has 30 voluntarily released custody of the child in accordance with 31 chapter 233. 32 DIVISION VI 33 CHILD IN NEED OF ASSISTANCE PROCEEDINGS —— JUDICIAL PROCEEDINGS 34 Sec. 34. Section 232.89, subsection 1, Code 2022, is amended 35 -17- LSB 5240XD (7) 89 dg/rh 17/ 63

S.F. _____ H.F. _____ to read as follows: 1 1. Upon the filing of a petition the parent, guardian, 2 putative father, or custodian identified in the petition shall 3 have the right to counsel in connection with all subsequent 4 hearings and proceedings. If that person desires but is 5 financially unable to employ counsel, the court shall appoint 6 counsel. 7 Sec. 35. Section 232.89, subsection 2, paragraph a, Code 8 2022, is amended to read as follows: 9 a. If the child is represented by counsel and the court 10 determines there is a conflict of interest between the child 11 and the child’s parent, guardian, putative father, or custodian 12 and that the retained counsel could not properly represent the 13 child as a result of the conflict, the court shall appoint 14 other counsel to represent the child, who shall be compensated 15 pursuant to the provisions of subsection 3 . 16 Sec. 36. Section 232.89, subsection 4, Code 2022, is amended 17 to read as follows: 18 4. The same person may serve both as the child’s counsel 19 and as guardian ad litem. However, the court may appoint a 20 separate guardian ad litem, if the same person cannot properly 21 represent the legal interests of the child as legal counsel 22 and also represent the best interest of the child as guardian 23 ad litem in accordance with section 232.2, subsection 22, 24 paragraph “e” , or a separate guardian ad litem is required 25 to fulfill the requirements of subsection 2 . If a child’s 26 guardian ad litem is also acting as an attorney for the child, 27 each report submitted to a court by the guardian ad litem shall 28 contain a statement indicating whether a separate guardian ad 29 litem is required based on the guardian ad litem’s interviews 30 and investigations conducted until the time a report is 31 submitted to the court. 32 Sec. 37. Section 232.91, subsections 1, 2, 3, and 4, Code 33 2022, are amended to read as follows: 34 1. Any hearings or proceedings under this subchapter 35 -18- LSB 5240XD (7) 89 dg/rh 18/ 63