232.83 Child sexual abuse involving a person not responsible for the care of the child.
1. A complaint related to circumstances involving a child who is alleged to be a victim of an offense defined in chapter 709, 726, or 728 and an alleged offender who is not a person responsible for the care of the child shall be handled pursuant to section 232.81.
2. Anyone authorized to conduct a preliminary investigation in response to a complaint may apply for, or the court on its own motion may enter an ex parte order authorizing a physician or hospital to conduct an outpatient physical examination or authorizing a physician, a psychologist certified under section 154B.7, or a community mental health center accredited pursuant to chapter 230A to conduct an outpatient mental examination of a child if necessary to identify the nature, extent, and causes of any injuries, emotional damage, or other such needs of a child as specified in section 232.2, subsection 6, paragraph “c”, “e”, or “f”, provided that all of the following apply:
a. The parent, guardian, or legal custodian is absent, or though present, was asked and refused to authorize the examination.
b. There is not enough time to file a petition and hold a hearing under this chapter.
c. The parent, guardian, or legal custodian has not provided care and treatment related to their child’s alleged victimization.
88 Acts, ch 1252, §2
Referred to in §709.13
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