House
File
2604
-
Introduced
HOUSE
FILE
2604
BY
GERHOLD
A
BILL
FOR
An
Act
relating
to
child
abuse
based
on
use
of
a
controlled
1
substance
by
a
pregnant
woman.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2604
Section
1.
Section
232.68,
subsection
1,
Code
2026,
is
1
amended
to
read
as
follows:
2
1.
“Child”
means
any
person
under
the
age
of
eighteen
years
,
3
including
an
unborn
child
as
defined
in
section
146A.1
.
4
Sec.
2.
Section
232.68,
subsection
2,
paragraph
a,
Code
5
2026,
is
amended
by
adding
the
following
new
subparagraph:
6
NEW
SUBPARAGRAPH
.
(12)
The
use
of
a
controlled
substance,
7
as
defined
in
section
124.101,
by
a
pregnant
female
responsible
8
for
the
care
of
a
child.
9
Sec.
3.
Section
232.71B,
subsection
1,
paragraph
a,
10
subparagraph
(1),
Code
2026,
is
amended
to
read
as
follows:
11
(1)
Upon
acceptance
of
a
report
of
child
abuse,
the
12
department
shall
commence
a
child
abuse
assessment
when
the
13
report
alleges
child
abuse
as
defined
in
section
232.68,
14
subsection
2
,
paragraph
“a”
,
subparagraphs
(1)
through
(3)
and
15
subparagraphs
(5)
through
(11)
(12)
,
or
which
alleges
child
16
abuse
as
defined
in
section
232.68,
subsection
2
,
paragraph
“a”
,
17
subparagraph
(4),
that
also
alleges
imminent
danger,
death,
or
18
injury
to
a
child.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
child
abuse
based
on
use
of
a
controlled
23
substance
by
a
pregnant
woman.
24
For
purposes
of
determining
child
abuse,
the
bill
includes
25
an
individual
organism
of
the
species
homo
sapiens
from
26
fertilization
to
live
birth
within
the
meaning
of
“child”.
The
27
bill
includes
within
the
definition
of
“child
abuse”,
the
use
28
of
a
controlled
substance
by
a
pregnant
female
responsible
for
29
the
care
of
a
child.
By
operation
of
law,
the
bill
requires
30
mandatory
reporters
of
child
abuse
to
report
the
use
of
a
31
controlled
substance
by
a
pregnant
woman
to
the
department
of
32
health
and
human
services
(HHS)
as
child
abuse.
Upon
receiving
33
a
report
of
child
abuse
based
on
use
of
a
controlled
substance
34
by
a
pregnant
female
responsible
for
the
care
of
a
child,
HHS
35
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2604
will
commence
a
child
abuse
assessment
to
determine
if
the
1
report
is
founded,
offer
support
to
the
alleged
abuser,
and
2
perform
other
actions
as
permitted
by
law
to
protect
the
health
3
of
the
child.
4
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