HF 2604 (LSB 5729YH (3) 91)

HOUSE FILE 2604

BY  GERHOLD

A BILL FOR

An Act relating to child abuse based on use of a controlled substance by a pregnant woman.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.68, subsection 1, Code 2026, is amended to read as follows:
   1.  “Child” means any person under the age of eighteen years, including an unborn child as defined in section 146A.1.
    Sec. 2.  Section 232.68, subsection 2, paragraph a, Code 2026, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (12)  The use of a controlled substance, as defined in section 124.101, by a pregnant female responsible for the care of a child.
    Sec. 3.  Section 232.71B, subsection 1, paragraph a, subparagraph (1), Code 2026, is amended to read as follows:
   (1)  Upon acceptance of a report of child abuse, the department shall commence a child abuse assessment when the report alleges child abuse as defined in section 232.68, subsection 2, paragraph “a”, subparagraphs (1) through (3) and subparagraphs (5) through (11) (12), or which alleges child abuse as defined in section 232.68, subsection 2, paragraph “a”, subparagraph (4), that also alleges imminent danger, death, or injury to a child.
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 child abuse based on use of a controlled substance by a pregnant woman.
   For purposes of determining child abuse, the bill includes an individual organism of the species homo sapiens from fertilization to live birth within the meaning of “child”. The bill includes within the definition of “child abuse”, the use of a controlled substance by a pregnant female responsible for the care of a child. By operation of law, the bill requires mandatory reporters of child abuse to report the use of a controlled substance by a pregnant woman to the department of health and human services (HHS) as child abuse. Upon receiving a report of child abuse based on use of a controlled substance by a pregnant female responsible for the care of a child, HHS will commence a child abuse assessment to determine if the report is founded, offer support to the alleged abuser, and perform other actions as permitted by law to protect the health of the child.