Title VI, HUMAN SERVICES (Ch. 216 - 255A)

1. The classes of persons enumerated in this subsection shall make a report within twenty-four hours and as provided in section 232.70 , of cases of child abuse. In addition, the classes of persons enumerated in this subsection shall make a report of abuse of a child which would …

1. If a proceeding held under this chapter involves an Indian child as defined in section 232B.3 and the proceeding is subject to the Iowa Indian child welfare Act under chapter 232B , the proceeding and other actions taken in connection with the proceeding or this chapter shall …

1. Each report made by a mandatory reporter, as defined in section 232.69, subsection 1 , or a permissive reporter, as defined in section 232.69, subsection 2 , shall be oral. 2. The employer or supervisor of a person who is a mandatory or permissive reporter shall not apply a po…

1. Commencement of assessment — differential response — purpose. a. If the department determines a report constitutes a child abuse allegation, the department shall promptly commence either a child abuse assessment within twenty-four hours of receiving the report or a family asse…

1. If, upon completion of an assessment performed under section 232.71B , the department determines that the best interests of the child require juvenile court action, the department shall act appropriately to initiate the action. If at any time during the assessment process the …

1. The requirements of this section shall apply to child abuse information relating to a report of child abuse and to a child abuse assessment performed in accordance with section 232.71B . 2. Except as otherwise provided in subsections 3 and 4 , and section 235A.19, subsection 3…

1. For the purposes of this subchapter , the terms “department of health and human services” , “department” , or “county attorney” ordinarily refer to the local office of the department or of the county attorney’s office serving the county in which the child’s home is located. 2.…

1. A person participating in good faith in the making of a report, photographs, or X rays, or in the performance of a medically relevant test pursuant to this chapter , or aiding and assisting in an assessment of a child abuse report pursuant to section 232.71B , shall have immun…

1. a. An employer shall not take retaliatory action against an employee as a reprisal for the employee’s participation in good faith in making a report, photograph, or X ray, or in the performance of a medically relevant test pursuant to this chapter , or aiding and assisting in …

Sections 622.9 and 622.10 and any other statute or rule of evidence which excludes or makes privileged the testimony of a husband or wife against the other or the testimony of a health practitioner or mental health professional as to confidential communications, do not apply to e…

1. Any person, official, agency, or institution required by this chapter to report a suspected case of child abuse who knowingly and willfully fails to do so is guilty of a simple misdemeanor. 2. Any person, official, agency, or institution required by section 232.69 to report a …

1. The department, within the limits of available funds, shall conduct a continuing publicity and educational program for the personnel of the department, persons required to report, and any other appropriate persons to encourage the fullest possible degree of reporting of suspec…

1. a. A person who is required to report suspected child abuse may take or perform, or may cause to be taken or performed, at public expense, photographs, X rays, physical assessments, or other tests of a child which would provide medical indication of allegations arising from an…

1. The juvenile court may enter an ex parte order directing a peace officer or a juvenile court officer to take custody of a child before or after the filing of a petition under this chapter provided all of the following apply: a. Any of the following circumstances exist: (1) The…

1. A peace officer or juvenile court officer may take a child into custody, a physician or physician assistant treating a child may keep the child in custody, or a juvenile court officer may authorize a peace officer, physician or physician assistant, or medical security personne…

If a peace officer determines that a child does not have adult supervision because the child’s parent, guardian, or other person responsible for the care of the child has been arrested and detained or has been unexpectedly incapacitated, and that no adult who is legally responsib…

1. For the purposes of this section , “safety plan” means a short-term, time-limited agreement entered into between the department and a child’s parent or guardian designed to address signs of imminent or impending danger to a child identified by the department. 2. Upon the depar…

Proceedings under this chapter are subject to rules prescribed by the supreme court under section 602.4201 . [C79, 81, §232.152 ] 83 Acts, ch 186, §10058, 10201 ; 2021 Acts, ch 76, §150 C2022, §232.7A Rules adopted by the supreme court are published in the compilation “Iowa Court…

1. Except as provided in subsections 2 and 3 , this chapter does not apply to juvenile court cases brought prior to July 1, 1979, or to acts committed prior to July 1, 1979, which would otherwise bring a child or a child’s parent, guardian, or custodian within the jurisdiction of…

1. a. The juvenile court has exclusive original jurisdiction in proceedings concerning a child who is alleged to have committed a delinquent act unless otherwise provided by law, and has exclusive original jurisdiction in proceedings concerning an adult who is alleged to have com…

1. Any person having knowledge of the circumstances may file a complaint with the person or agency designated by the court to perform intake duties alleging that a child is a child in need of assistance. 2. Upon receipt of a complaint, the court may request the department, juveni…

1. Notwithstanding section 561.15 , if it is alleged by a person authorized to file a petition under section 232.87, subsection 2 , or by the court on its own motion, that a parent, guardian, custodian, or an adult member of the household in which a child resides has committed a …

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 au…

1. For the purposes of this section , unless the context otherwise requires, “agency” means the department, juvenile court services, or a private agency. 2. Unless the custody of a child is transferred from one of the child’s parents to another parent of the child, within thirty …

1. A formal judicial proceeding to determine whether a child is a child in need of assistance under this chapter shall be initiated by the filing of a petition alleging a child to be a child in need of assistance. 2. A petition may be filed by the department, juvenile court offic…

After a petition has been filed, the court shall issue and serve summons, subpoenas, and other process in the same manner as for adjudicatory hearings in cases of juvenile delinquency as provided in section 232.37 . Reasonable notice shall be provided to the persons required to b…

1. Upon the filing of a petition the parent, guardian, putative father, or custodian identified in the petition shall have the right to counsel in connection with all subsequent hearings and proceedings. If that person desires but is financially unable to employ counsel, the cour…

Prior to a hearing pursuant to sections 232.44 through 232.47 , 232.50 , or 232.54 , the child may file a motion with the district court for the appointment of a new judge. The chief judge of the district court for cause shown shall appoint a new judge. [C79, 81, §232.9 ] 2021 Ac…

1. As used in this section , “state” means the general interest held by the people in the health, safety, welfare, and protection of all children living in this state. 2. The county attorney shall represent the state in proceedings arising from a petition filed under this subchap…

1. Any hearings or proceedings under this subchapter subsequent to the filing of a petition shall not take place without the presence of the child’s parent, guardian, custodian, or guardian ad litem in accordance with and subject to section 232.38 . A parent without custody shall…

Hearings held under this subchapter are open to the public unless the court, on the motion of any of the parties or upon the court’s own motion, excludes the public. The court shall exclude the public from a hearing if the court determines that the possibility of damage or harm t…

When it appears during the course of any hearing or proceeding that some action or remedy other than those indicated by the application or pleading appears appropriate, the court may, provided all necessary parties consent, proceed to hear and determine the other issues as though…

Stenographic notes or electronic or mechanical recordings shall be taken of all court hearings held pursuant to this subchapter unless waived by the parties. The child shall not be competent to waive the reporting requirement, but waiver may be made for the child by the child’s c…

Juvenile court records, social records, and the material required to be recorded pursuant to section 232.94 shall be maintained and shall be a part of each hearing relating to the child so long as and whenever the child is a child in need of assistance. 84 Acts, ch 1279, §12 Refe…

A court may grant a continuance in a child in need of assistance proceeding or a termination of a parent-child relationship proceeding only for good cause shown. 2022 Acts, ch 1098, §38 Referred to in §600A.7

1. At any time after the petition is filed, any person who may file a petition under section 232.87 may apply for, or the court on its own motion may order, a hearing to determine whether the child should be temporarily removed from home. If the child is in the custody of a perso…

1. The court shall hear and adjudicate cases involving a petition alleging a child to be a child in need of assistance. 2. The state shall have the burden of proving the allegations by clear and convincing evidence. 3. Only evidence which is admissible under the rules of evidence…

The court may adjudicate a child in need of assistance if such child is unmarried and meets any of the following requirements: 1. The child’s parent, guardian, or other custodian has abandoned or deserted the child. 2. The child’s parent, guardian, other custodian, or other membe…

1. The court shall not make a disposition of the petition until five working days after a social report has been submitted to the court and counsel for the child and has been considered by the court. The court may waive the five-day requirement upon agreement by all the parties. …

1. a. Except as provided in section 232.78, subsection 5 , a physical assessment or behavioral health evaluation of a child may be ordered only after the filing of a petition pursuant to section 232.87 , and after a hearing to determine whether a physical assessment or behavioral…

1. Following the entry of an order pursuant to section 232.96 , the court shall, as soon as practicable, hold a dispositional hearing in order to determine what disposition should be made of the petition. 2. All relevant and material evidence shall be admitted. 3. In the initial …