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House File 208 - IntroducedA Bill ForAn Act 1relating to the definition of child abuse and certain
2activities of a person responsible for the care of a child
3involving a dangerous substance.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.68, subsection 2, paragraph a,
2subparagraph (7), Code 2017, is amended to read as follows:
3(7) (a) The person responsible for the care of a child
4has, in the presence of the child, as defined in section 232.2,
5subsection 6, paragraph “p”, used, possessed, manufactured,
6cultivated, or distributed a dangerous substance, as defined
7in section 232.2, subsection 6, paragraph “p”, or in the
8presence of the child possesses a product containing ephedrine,
9its salts, optical isomers, salts of optical isomers, or
10pseudoephedrine, its salts, optical isomers, salts of optical
11isomers, with the intent to use the product as a precursor or
12an intermediary to a dangerous substance.
13(b) For the purposes of this subparagraph, “in the presence
14of the child” means the physical presence of the child during
15the use, possession, manufacture, cultivation, or distribution;
16the use, possession, manufacture, cultivation, or distribution
17occurred in the child’s home, on the premises, or in a motor
18vehicle located on the premises; or the use, possession,
19manufacture, cultivation, or distribution occurred under other
20circumstances in which a reasonably prudent person would
21know that the use, possession, manufacture, cultivation, or
22distribution may be seen, smelled, or heard by the child.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to the definition of child abuse and
27certain activities of a person responsible for the care of a
28child involving a dangerous substance.
29Under current law, a person responsible for the care of
30a child who, in the presence of the child, manufactured a
31dangerous substance as defined in Code section 232.2, or
32possesses a product containing ephedrine, its salts, optical
33isomers, salts of optical isomers, or pseudoephedrine, its
34salts, optical isomers, salts of optical isomers, with the
35intent to use the product as a precursor or an intermediary to
-1-1a dangerous substance, commits child abuse. The bill amends
2this provision to include, in addition to the manufacture
3of a dangerous substance, the use, possession, cultivation,
4or distribution of a dangerous substance under the same
5circumstances. The bill defines “in the presence of the child”
6to mean the physical presence of the child during the use,
7possession, manufacture, cultivation, or distribution; the use,
8possession, manufacture, cultivation, or distribution occurred
9in the child’s home, on the premises, or in a motor vehicle
10located on the premises; or the use, possession, manufacture,
11cultivation, or distribution occurred under other circumstances
12in which a reasonably prudent person would know that the use,
13possession, manufacture, cultivation, or distribution may be
14seen, smelled, or heard by the child.
15Under current law, a person responsible for the care of a
16child includes a parent, guardian, or foster parent; a relative
17or any other person with whom the child resides and who assumes
18care or supervision of the child; an employee or agent of any
19public or private facility providing care for a child; or any
20person providing care for a child, but with whom the child
21does not reside. A dangerous substance means an amphetamine,
22its salts, isomers, or salts of its isomers; methamphetamine,
23its salts, isomers, or salts of its isomers; a chemical or
24combination of chemicals that poses a reasonable risk of
25causing an explosion, fire, or other danger to the life or
26health of persons who are in the vicinity while the chemical or
27combination of chemicals is used or is intended to be used in
28certain circumstances relating to the manufacture of an illegal
29or controlled substance.
30Under current law, upon acceptance of a report of child
31abuse, the department of human services shall commence a child
32abuse assessment within 24 hours of receiving the report when
33the report alleges child abuse involving a dangerous substance.
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2activities of a person responsible for the care of a child
3involving a dangerous substance.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.68, subsection 2, paragraph a,
2subparagraph (7), Code 2017, is amended to read as follows:
3(7) (a) The person responsible for the care of a child
4has, in the presence of the child, as defined in section 232.2,
5subsection 6, paragraph “p”, used, possessed, manufactured,
6cultivated, or distributed a dangerous substance, as defined
7in section 232.2, subsection 6, paragraph “p”, or in the
8presence of the child possesses a product containing ephedrine,
9its salts, optical isomers, salts of optical isomers, or
10pseudoephedrine, its salts, optical isomers, salts of optical
11isomers, with the intent to use the product as a precursor or
12an intermediary to a dangerous substance.
13(b) For the purposes of this subparagraph, “in the presence
14of the child” means the physical presence of the child during
15the use, possession, manufacture, cultivation, or distribution;
16the use, possession, manufacture, cultivation, or distribution
17occurred in the child’s home, on the premises, or in a motor
18vehicle located on the premises; or the use, possession,
19manufacture, cultivation, or distribution occurred under other
20circumstances in which a reasonably prudent person would
21know that the use, possession, manufacture, cultivation, or
22distribution may be seen, smelled, or heard by the child.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to the definition of child abuse and
27certain activities of a person responsible for the care of a
28child involving a dangerous substance.
29Under current law, a person responsible for the care of
30a child who, in the presence of the child, manufactured a
31dangerous substance as defined in Code section 232.2, or
32possesses a product containing ephedrine, its salts, optical
33isomers, salts of optical isomers, or pseudoephedrine, its
34salts, optical isomers, salts of optical isomers, with the
35intent to use the product as a precursor or an intermediary to
-1-1a dangerous substance, commits child abuse. The bill amends
2this provision to include, in addition to the manufacture
3of a dangerous substance, the use, possession, cultivation,
4or distribution of a dangerous substance under the same
5circumstances. The bill defines “in the presence of the child”
6to mean the physical presence of the child during the use,
7possession, manufacture, cultivation, or distribution; the use,
8possession, manufacture, cultivation, or distribution occurred
9in the child’s home, on the premises, or in a motor vehicle
10located on the premises; or the use, possession, manufacture,
11cultivation, or distribution occurred under other circumstances
12in which a reasonably prudent person would know that the use,
13possession, manufacture, cultivation, or distribution may be
14seen, smelled, or heard by the child.
15Under current law, a person responsible for the care of a
16child includes a parent, guardian, or foster parent; a relative
17or any other person with whom the child resides and who assumes
18care or supervision of the child; an employee or agent of any
19public or private facility providing care for a child; or any
20person providing care for a child, but with whom the child
21does not reside. A dangerous substance means an amphetamine,
22its salts, isomers, or salts of its isomers; methamphetamine,
23its salts, isomers, or salts of its isomers; a chemical or
24combination of chemicals that poses a reasonable risk of
25causing an explosion, fire, or other danger to the life or
26health of persons who are in the vicinity while the chemical or
27combination of chemicals is used or is intended to be used in
28certain circumstances relating to the manufacture of an illegal
29or controlled substance.
30Under current law, upon acceptance of a report of child
31abuse, the department of human services shall commence a child
32abuse assessment within 24 hours of receiving the report when
33the report alleges child abuse involving a dangerous substance.
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