Bill Text: IA SF242 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to child in need of assistance and child abuse cases involving certain drugs and other substances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-05-04 - NOBA: Senate Full Approps [SF242 Detail]
Download: Iowa-2017-SF242-Introduced.html
Senate File 242 - Introduced SENATE FILE BY ALLEN A BILL FOR 1 An Act relating to child in need of assistance and child abuse 2 cases involving certain drugs and other substances. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2018XS (4) 87 rh/rj PAG LIN 1 1 Section 1. Section 232.2, subsection 6, paragraph p, Code 1 2 2017, is amended to read as follows: 1 3 p. Whose parent, guardian,orcustodian, or other adult 1 4 member of the household in which a child resides does any 1 5 of the following: unlawfully uses, possesses, manufactures, 1 6 cultivates, or distributes a dangerous substance in the 1 7 presence of a child,; or knowingly allows such use, possession, 1 8 manufacture, cultivation, or distribution by another person 1 9 in the presence of a child,;or in the presence of a child1 10 possesses a productcontaining ephedrine, its salts, optical 1 11 isomers, salts of optical isomers, or pseudoephedrine, its 1 12 salts, optical isomers, salts of optical isomers,with the 1 13 intent to use the product as a precursor or an intermediary to 1 14 a dangerous substance in the presence of a child; or unlawfully 1 15 uses, possesses, manufactures, cultivates, or distributes a 1 16 dangerous substance in a child's home, on the premises, or in a 1 17 motor vehicle located on the premises. 1 18 (1) For the purposes of this paragraph, "in the presence 1 19 of a child" means in the physical presence of a childduring 1 20 the manufacture or possession, the manufacture or possession 1 21 occurred in a child's home, on the premises, or in a motor 1 22 vehicle located on the premises, or the manufacture or 1 23 possession occurredor occurring under other circumstances 1 24 in which a reasonably prudent person would know that the 1 25 use, possession, manufactureor possession, cultivation, or 1 26 distribution may be seen, smelled, or heard by a child. 1 27 (2) For the purposes of this paragraph, "dangerous 1 28 substance" means any of the following: 1 29 (a) Amphetamine, its salts, isomers, or salts of its 1 30 isomers. 1 31 (b) Methamphetamine, its salts, isomers, or salts of its 1 32 isomers. 1 33 (c) A chemical or combination of chemicals that poses a 1 34 reasonable risk of causing an explosion, fire, or other danger 1 35 to the life or health of persons who are in the vicinity while 2 1 the chemical or combination of chemicals is used or is intended 2 2 to be used in any of the following: 2 3 (i) The process of manufacturing an illegal or controlled 2 4 substance. 2 5 (ii) As a precursor in the manufacturing of an illegal or 2 6 controlled substance. 2 7 (iii) As an intermediary in the manufacturing of an illegal 2 8 or controlled substance. 2 9 (d) Cocaine, its salts, isomers, salts of its isomers, or 2 10 derivatives. 2 11 (e) Heroin, its salts, isomers, salts of its isomers, or 2 12 derivatives. 2 13 (f) Opium and opiate, and any salt, compound, derivative, or 2 14 preparation of opium or opiate. 2 15 Sec. 2. Section 232.68, subsection 2, paragraph a, 2 16 subparagraph (7), Code 2017, is amended to read as follows: 2 17 (7) The person responsible for the care of a childhas, 2 18 in the presence ofthea child, as defined in section 232.2, 2 19 subsection 6, paragraph "p",manufacturedunlawfully uses, 2 20 possesses, manufactures, cultivates, or distributes a dangerous 2 21 substance, as defined in section 232.2, subsection 6, paragraph 2 22 "p", orin the presence of the childknowingly allows such 2 23 use, possession, manufacture, cultivation, or distribution 2 24 by another person in the presence of a child; possesses a 2 25 productcontaining ephedrine, its salts, optical isomers, salts 2 26 of optical isomers, or pseudoephedrine, its salts, optical 2 27 isomers, salts of optical isomers,with the intent to use 2 28 the product as a precursor or an intermediary to a dangerous 2 29 substance in the presence of a child; or unlawfully uses, 2 30 possesses, manufactures, cultivates, or distributes a dangerous 2 31 substance in a child's home, on the premises, or in a motor 2 32 vehicle located on the premises. 2 33 Sec. 3. Section 232.77, subsection 2, Code 2017, is amended 2 34 to read as follows: 2 35 2. a. If a health practitioner discovers in a child 3 1 physical or behavioral symptoms of the effects of exposure 3 2 to cocaine, heroin, amphetamine, methamphetamine, or other 3 3 illegal drugs, or combinations or derivatives thereof, which 3 4 were not prescribed by a health practitioner, or if the health 3 5 practitioner has determined through examination of the natural 3 6 mother of the child that the child was exposed in utero, the 3 7 health practitioner may perform or cause to be performed a 3 8 medically relevant test, as defined in section 232.73, on the 3 9 child. The practitioner shall report any positive results of 3 10 such a test on the child to the department. The department 3 11 shall begin an assessment pursuant to section 232.71B upon 3 12 receipt of such a report. A positive test result obtained 3 13 prior to the birth of a child shall not be used for the criminal 3 14 prosecution of a parent for acts and omissions resulting in 3 15 intrauterine exposure of the child to an illegal drug. 3 16 b. If a health practitioner involved in the delivery or 3 17 care of a newborn or infant discovers in the newborn or infant 3 18 physical or behavioral symptoms that are consistent with the 3 19 effects of prenatal drug exposure or a fetal alcohol spectrum 3 20 disorder, the health practitioner shall report such information 3 21 to the department in a manner prescribed by rule of the 3 22 department. 3 23 EXPLANATION 3 24 The inclusion of this explanation does not constitute agreement with 3 25 the explanation's substance by the members of the general assembly. 3 26 This bill relates to certain drugs and other substances and 3 27 child in need of assistance and child abuse. 3 28 The bill amends the definition of a child in need of 3 29 assistance to provide that an unmarried child whose parent, 3 30 guardian, custodian, or other adult member of the child's 3 31 household who unlawfully uses, possesses, manufactures, 3 32 cultivates, or distributes a dangerous substance in the 3 33 presence of a child or knowingly allows such activities 3 34 by another person in the presence of a child; possesses a 3 35 product with the intent to use the product as a precursor or 4 1 an intermediary to a dangerous substance in the presence of a 4 2 child; or unlawfully uses, possesses, manufactures, cultivates, 4 3 or distributes a dangerous substance in a child's home, on the 4 4 premises, or in a motor vehicle located on the premises, may be 4 5 the subject of a child in need of assistance petition. 4 6 The bill amends the definition of child abuse to provide that 4 7 a person responsible for the care of a child who unlawfully 4 8 uses, possesses, manufactures, cultivates, or distributes a 4 9 dangerous substance in the presence of a child or knowingly 4 10 allows such activities by another person in the presence of a 4 11 child; possesses a product with the intent to use the product 4 12 as a precursor or an intermediary to a dangerous substance 4 13 in the presence of a child; or unlawfully uses, possesses, 4 14 manufactures, cultivates, or distributes a dangerous substance 4 15 in a child's home, on the premises, or in a motor vehicle 4 16 located on the premises may be the subject of an allegation of 4 17 child abuse. 4 18 The bill amends the definitions of "in the presence of a 4 19 child" and "dangerous substance" for purposes of both child 4 20 in need of assistance and child abuse definitions. "In 4 21 the presence of a child" means in the physical presence of 4 22 a child or occurring under other circumstances in which a 4 23 reasonably prudent person would know that the use, possession, 4 24 manufacture, cultivation, or distribution may be seen, smelled, 4 25 or heard by a child. The bill includes cocaine, heroin, and 4 26 opium or opiates in the list of dangerous substances. 4 27 The bill requires a health practitioner involved in the 4 28 delivery or care of a newborn or infant, who discovers in the 4 29 newborn or infant physical or behavioral symptoms that are 4 30 consistent with the effects of prenatal drug exposure or a 4 31 fetal alcohol spectrum disorder, to report such information 4 32 to the department of human services in a manner prescribed by 4 33 rule of the department. "Health practitioner" is defined in 4 34 Code section 232.2 to mean a licensed physician or surgeon, 4 35 osteopathic physician or surgeon, dentist, optometrist, 5 1 podiatric physician, or chiropractor, a resident or intern 5 2 of any such profession, and any registered nurse or licensed 5 3 practical nurse. This reporting requirement is required under 5 4 the federal Child Abuse Prevention and Treatment Act (CAPTA). LSB 2018XS (4) 87 rh/rj
