by Attorney Eric D. PuryearIowa DHS investigates when it is alleged that a child’s body contains drugs. The Presence of Illegal Drugs child abuse accusation in Iowa is defined by DHS as follows:
Presence of illegal drugs” is defined as occurring when 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.
Note: “Illegal drugs” are defined as cocaine, heroin, amphetamine, methamphetamine, other illegal drugs (including marijuana), or combinations or derivatives of illegal drugs which were not prescribed by a health practitioner.
In cases where DHS in Iowa is proceeding with an accusation of Presence of Illegal Drugs in a Child’s Body, the manner in which the drugs made their way into the child’s body is always an issue. For example, DHS may accuse one parent of exposing the child to drugs by smoking marijuana in the child’s presence. It may, however, be the case that the drugs were present in the child’s body due to the other parent using drugs around the child. It is also possible that a third party, such a daycare provider or friend of the child is to blame. Since the source of the drugs is not something that can usually be determined in a scientific manner, DHS will often assign blame to the wrong person.
It is therefore important for a person who is accused of child abuse through Presence of Illegal Drugs in a Child’s Body in Iowa to avoid speaking to DHS on their own, as the DHS workers will likely be able to misconstrue the person’s works in a way that greatly harms that person’s legal interests. Instead, the best course of action is to seek an attorney at once, and work closely with that attorney to properly handle the case.