Manufacturing or Possession of a Dangerous Substance Accusations in Iowa DHS Cases

Iowa DHS defines the child abuse accusation of Manufacturing or Possession of a Dangerous Substance as follows:

“Manufacturing or possession of a dangerous substance” as defined in Iowa Code 232.2 subsection 6, paragraph p, occurs when the person responsible for the care of a child:

• has manufactured a dangerous substance in the presence of the child or
• 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 in the presence of the child.

For the purposes of this definition, “in the presence of a child” means the manufacture or possession occurred:

• in the physical presence of a child, or
• in a child’s home, on the premises, or in a motor vehicle located on the premises, or
  under other circumstances in which a reasonably prudent person would know that the manufacture or possession may be seen, smelled, or heard by a child.<

For the purpose of this definition, “dangerous substance” means any of the following:

 

• Amphetamine, its salts, isomers, or salts of its isomers
• Methamphetamine, its salts, isomers, or salts of its isomers
• A chemical or combination of chemicals that poses a reasonable risk of causing an explosion, fire, or other danger to the life or health of people who are in the vicinity while the chemical or combination of chemicals is used or is intended to be used in any of the following:
  • The process of manufacturing an illegal or controlled substance
  • As a precursor in the manufacturing of an illegal or controlled substance
  • As an intermediary in the manufacturing of an illegal or controlled substance

An accusation of Manufacturing or Possession of a Dangerous Substance from Iowa DHS is a serious matter that it is important to handle properly.  Failing to do so can cause great difficulties in every aspect of a person’s life.

Iowa DHS is known for being overzealous in its investigations, and the result is that parents and other child care givers are sometimes incorrectly found to have abused a child. It is therefore in every person’s best interest to refrain from speaking to DHS alone, and to instead work closely with their attorney to address the situation.