HF 2256 (LSB 5382HV (1) 91)

HOUSE FILE 2256

BY  COMMITTEE ON HEALTH AND HUMAN SERVICES

(SUCCESSOR TO HSB 503)

A BILL FOR

An Act relating to adjudication of a child in need of assistance due to the need for treatment of a chemical dependency, mental health disorder, or behavioral disorder.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.96A, subsection 6, Code 2026, is amended to read as follows:
   6.  The child is in need of treatment to cure or alleviate a serious chemical dependency or mental illness or disorder, or emotional damage as evidenced by severe anxiety, depression, withdrawal, or behavioral health disorder that compromises the child’s safety or causes untoward aggressive behavior toward the child’s self or others in the household or the child’s community, and the child’s parent, guardian, or custodian is unwilling or unable to provide such treatment or the parent’s, guardian’s, or custodian’s efforts to secure needed treatment have been exhausted and unsuccessful.
    Sec. 2.  Section 232.96A, subsection 13, Code 2026, is amended by striking the subsection.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to adjudication of a child in need of assistance due to the need for treatment of a chemical dependency, mental health disorder, or behavioral disorder.
   The bill allows a court to adjudicate a child in need of assistance (CINA) when the child requires treatment to cure or alleviate a serious chemical dependency or mental or behavioral health disorder that compromises the child’s safety or causes untoward aggressive behavior toward others in the household or the child’s community, and the child’s parent, guardian, or custodian (parent) is unwilling or unable to provide such treatment, or the parent’s efforts to secure needed treatment have been exhausted and unsuccessful. Under current law, to be adjudicated a CINA because treatment is necessary, a child must need treatment to cure or alleviate a serious mental illness or disorder, or emotional damage as evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward the child’s self or others and the child’s parent is unwilling to provide such treatment.
   The bill makes a conforming change by striking Code section 232.96A(13).