2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.68 - DEFINITIONS.

        232.68  DEFINITIONS.
         The definitions in section 235A.13 are applicable to this part 2
      of division III.  As used in sections 232.67 through 232.77 and
      235A.12 through 235A.24, unless the context otherwise requires:
         1.  "Child" means any person under the age of eighteen years.

         2.  "Child abuse" or "abuse" means:
         a.  Any nonaccidental physical injury, or injury which is at
      variance with the history given of it, suffered by a child as the
      result of the acts or omissions of a person responsible for the care
      of the child.
         b.  Any mental injury to a child's intellectual or
      psychological capacity as evidenced by an observable and substantial
      impairment in the child's ability to function within the child's
      normal range of performance and behavior as the result of the acts or
      omissions of a person responsible for the care of the child, if the
      impairment is diagnosed and confirmed by a licensed physician or
      qualified mental health professional as defined in section 622.10.
         c.  The commission of a sexual offense with or to a child
      pursuant to chapter 709, section 726.2, or section 728.12, subsection
      1, as a result of the acts or omissions of the person responsible for
      the care of the child.  Notwithstanding section 702.5, the commission
      of a sexual offense under this paragraph includes any sexual offense
      referred to in this paragraph with or to a person under the age of
      eighteen years.
         d.  The failure on the part of a person responsible for the
      care of a child to provide for the adequate food, shelter, clothing
      or other care necessary for the child's health and welfare when
      financially able to do so or when offered financial or other
      reasonable means to do so.  A parent or guardian legitimately
      practicing religious beliefs who does not provide specified medical
      treatment for a child for that reason alone shall not be considered
      abusing the child, however this provision shall not preclude a court
      from ordering that medical service be provided to the child where the
      child's health requires it.
         e.  The acts or omissions of a person responsible for the care
      of a child which allow, permit, or encourage the child to engage in
      acts prohibited pursuant to section 725.1.  Notwithstanding section
      702.5, acts or omissions under this paragraph include an act or
      omission referred to in this paragraph with or to a person under the
      age of eighteen years.
         f.  An illegal drug is present in a child's body as a direct
      and foreseeable consequence of the acts or omissions of the person
      responsible for the care of the child.
         g.  The person responsible for the care of a child has, in the
      presence of the child, as defined in section 232.2, subsection 6,
      paragraph "p", manufactured a dangerous substance, as defined in
      section 232.2, subsection 6, paragraph "p", or in the presence of
      the child possesses a product containing ephedrine, its salts,
      optical isomers, salts of optical isomers, or pseudoephedrine, its
      salts, optical isomers, salts of optical isomers, with the intent to
      use the product as a precursor or an intermediary to a dangerous
      substance.
         h.  The commission of bestiality in the presence of a minor
      under section 717C.1 by a person who resides in a home with a child,
      as a result of the acts or omissions of a person responsible for the
      care of the child.
         i.  Knowingly allowing a person custody or control of, or
      unsupervised access to a child or minor, after knowing the person is
      required to register or is on the sex offender registry under chapter
      692A for a violation of section 726.6.
         2A.  "Child protection worker" means an individual designated
      by the department to perform an assessment in response to a report of
      child abuse.
         3.  "Confidential access to a child" means access to a child,
      during an assessment of an alleged act of child abuse, who is alleged
      to be the victim of the child abuse.  The access may be accomplished
      by interview, observation, or examination of the child.  As used in
      this subsection and this part:
         a.  "Interview" means the verbal exchange between the child
      protection worker and the child for the purpose of developing
      information necessary to protect the child.  A child protection
      worker is not precluded from recording visible evidence of abuse.
         b.  "Observation" means direct physical viewing of a child
      under the age of four by the child protection worker where the
      viewing is limited to the child's body other than the genitalia and
      pubes.  "Observation" also means direct physical viewing of a
      child aged four or older by the child protection worker without
      touching the child or removing an article of the child's clothing,
      and doing so without the consent of the child's parent, custodian, or
      guardian.  A child protection worker is not precluded from recording
      evidence of abuse obtained as a result of a child's voluntary removal
      of an article of clothing without inducement by the child protection
      worker.  However, if prior consent of the child's parent or guardian,
      or an ex parte court order, is obtained, "observation" may
      include viewing the child's unclothed body other than the genitalia
      and pubes.
         c.  "Physical examination" means direct physical viewing,
      touching, and medically necessary manipulation of any area of the
      child's body by a physician licensed under chapter 148.
         4.  "Department" means the state department of human services
      and includes the local, county, and service area offices of the
      department.
         5.  "Health practitioner" includes a licensed physician and
      surgeon, osteopathic physician and surgeon, dentist, optometrist,
      podiatric physician, or chiropractor; a resident or intern in any of
      such professions; a licensed dental hygienist, a registered nurse or
      licensed practical nurse; a physician assistant; and an emergency
      medical care provider certified under section 147A.6.
         6.  "Mental health professional" means a person who meets the
      following requirements:
         a.  Holds at least a master's degree in a mental health field,
      including but not limited to psychology, counseling, nursing, or
      social work; or is licensed to practice medicine pursuant to chapter
      148.
         b.  Holds a license to practice in the appropriate profession.

         c.  Has at least two years of postdegree experience,
      supervised by a mental health professional, in assessing mental
      health problems and needs of individuals used in providing
      appropriate mental health services for those individuals.
         7.  "Person responsible for the care of a child" means:
         a.  A parent, guardian, or foster parent.
         b.  A relative or any other person with whom the child resides
      and who assumes care or supervision of the child, without reference
      to the length of time or continuity of such residence.
         c.  An employee or agent of any public or private facility
      providing care for a child, including an institution, hospital,
      health care facility, group home, mental health center, residential
      treatment center, shelter care facility, detention center, or child
      care facility.
         d.  Any person providing care for a child, but with whom the
      child does not reside, without reference to the duration of the care.

         8.  "Registry" means the central registry for child abuse
      information established in section 235A.14.  

         Section History: Early Form

         [C66, 71, 73, 75, 77, § 235A.2; C79, 81, § 232.68] 

         Section History: Recent Form

         83 Acts, ch 96, § 157, 159; 84 Acts, ch 1207, § 1, 2; 85 Acts, ch
      173, § 2; 86 Acts, ch 1177, § 1; 87 Acts, ch 153, § 1, 2; 89 Acts, ch
      24, § 1; 89 Acts, ch 89, § 16; 89 Acts, ch 230, § 3, 4; 93 Acts, ch
      76, §1; 93 Acts, ch 93, § 2; 94 Acts, ch 1130, §1, 2; 95 Acts, ch 41,
      § 24; 95 Acts, ch 108, § 17; 95 Acts, ch 182, § 7; 96 Acts, ch 1092,
      § 2; 97 Acts, ch 35, §4, 5, 25; 97 Acts, ch 176, §1; 2001 Acts, ch
      46, §2; 2001 Acts, ch 131, §1; 2003 Acts, ch 44, §49; 2004 Acts, ch
      1116, §6; 2005 Acts, ch 158, §20; 2008 Acts, ch 1088, §113--115; 2009
      Acts, ch 119, §64
         Referred to in §20.31, 135.119, 135L.3, 232.69, 232.70, 232.71B,
      232.71D, 232.76, 235A.18, 235B.3, 280.17, 915.35, 915.84