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

1. After the hearing is concluded the court shall make and file written findings. 2. If the court concludes that facts sufficient to terminate parental rights have not been established by clear and convincing evidence, the court shall dismiss the petition. 3. If the court conclud…

1. Upon application of an interested party or upon the court’s own motion, the court having jurisdiction of the child may, after notice to the parties and a hearing, remove a court-appointed guardian and appoint a guardian in accordance with the provisions of section 232.117, sub…

1. The purpose of this section is to facilitate the placement of all children in Iowa who are legally available for adoption through the establishment of an adoption exchange to help find adoptive homes for these children. 2. An adoption information exchange is established within…

Upon the filing of a petition the county attorney shall represent the state in all adversary proceedings arising under this subchapter and shall present evidence in support of the petition. [C66, 71, 73, 75, 77, §232.19; C79, 81, §232.12 ] 2020 Acts, ch 1062, §94

If a foster parent is providing preadoptive care to a child for whom a termination of parental rights petition has been filed, the placement of the child with that foster parent shall continue through the termination of parental rights proceeding unless the court orders otherwise…

The juvenile court shall have exclusive jurisdiction over family in need of assistance proceedings. [C79, 81, §232.122 ] Referred to in §232C.2 , 232C.3

Venue for family in need of assistance proceedings shall be determined in accordance with section 232.62 . [C79, 81, §232.123 ] Referred to in §232C.2 , 232C.3

1. A family in need of assistance proceeding shall be initiated by the filing of a petition alleging that a child and the child’s parent, guardian, or custodian are a family in need of assistance. 2. Such a petition may be filed by the child’s parent, guardian, or custodian, by t…

1. The court shall appoint counsel or a guardian ad litem to represent the interests of the child at the hearing to determine whether the family is a family in need of assistance unless the child already has such counsel or guardian. The court shall appoint counsel for the parent…

1. Upon the filing of a petition, the court shall fix a time for a hearing and give notice thereof to the child and the child’s parent, guardian, or custodian. 2. A parent without custody may petition the court to be made a party to proceedings under this subchapter . 3. The cour…

1. For purposes of chapter 669 , the following persons shall be considered state employees: a. A child given a work assignment of value to the state or the public or a community work assignment under this chapter . b. A court appointed special advocate and the members of the chil…

1. An interested party aggrieved by an order or decree of the juvenile court may appeal from the court for review of questions of law or fact. However, an order adjudicating a child to have committed a delinquent act, entered pursuant to section 232.47 , shall not be appealed unt…

1. Except as otherwise provided by law, the court shall inquire into the ability of the child or the child’s parent to pay expenses incurred pursuant to subsections 2, 4, and 8 . After giving the parent a reasonable opportunity to be heard, the court may order the parent to pay a…

1. County boards of supervisors which singly or in conjunction with one or more other counties provide and maintain juvenile detention and juvenile shelter care homes are subject to this section . 2. For the purpose of providing and maintaining a county or multicounty home, the b…

1. Juvenile court social records shall be confidential. They shall not be inspected and their contents shall not be disclosed except as provided in this section or as authorized by other provisions in this chapter . 2. Official juvenile court records in all cases except those all…

1. Except as provided in this section , a child shall not be fingerprinted or photographed by a criminal or juvenile justice agency after the child is taken into custody. 2. Fingerprints of a child who has been taken into custody shall be taken and filed by a criminal or juvenile…

1. The taking of a child into custody under the provisions of section 232.19 shall not be considered an arrest. 2. Records and files of a criminal or juvenile justice agency, an intake officer, or a juvenile court officer concerning a child involved in a delinquent act are confid…

1. Notwithstanding any other provision of the Code to the contrary, upon the court’s own motion or application of a person who was the subject of a complaint or petition alleging the commission of a delinquent act that would be a forcible felony if committed by an adult, the cour…

1. A rebuttable presumption exists that official juvenile court records in delinquency proceedings that do not involve an allegation of delinquency that would be a forcible felony offense if committed by an adult shall remain confidential as provided by section 232.147 . 2. Upon …

1. a. In the case of an adjudication of delinquency, the court shall upon its own motion schedule a sealing of records hearing to be held two years after the date of the last official action, or the date the child becomes eighteen years of age, whichever is later. The court shall…

1. Any person who knowingly discloses, receives, or makes use or permits the use of information derived directly or indirectly from the records concerning a child referred to in sections 232.147 through 232.150 , except as provided by those sections or section 13B.4A, subsection …

The interstate compact on the placement of children is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows: 1. Article I — Purpose and policy. It is the purpose and policy of the party states to cooperate …

1. Notwithstanding any provision of the interstate compact on the placement of children under section 232.158 to the contrary, the department shall permit the legal risk placement of a child under the interstate compact on the placement of children if the prospective adoptive par…

Financial responsibility for any child placed pursuant to the provisions of the interstate compact on the placement of children under section 232.158 shall be determined in accordance with the provisions of article V of that interstate compact in the first instance. However, in t…

The “appropriate public authorities” as used in article III of the interstate compact on the placement of children under section 232.158 shall, with reference to this state, mean the state department of health and human services and the department shall receive and act with refer…

As used in paragraph “a” of article V of the interstate compact on the placement of children under section 232.158 , the phrase “appropriate authority in the receiving state” with reference to this state means the state department of health and human services. [C71, 73, 75, 77, 7…

The officers and agencies of this state and its subdivisions having authority to place children may enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph “b” of article V of the interstate compact on the placement of childre…

1. Any requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state which may apply under the provisions of this chapter shall be deemed to be met if performed pursuant to an agreement entered into by appropria…

Any court having jurisdiction to place delinquent children may place such a child in an institution of or in another state pursuant to article VI of the interstate compact on the placement of children, section 232.158 , and shall retain jurisdiction as provided in article V of th…

As used in article VII of the interstate compact on the placement of children, section 232.158 , the term “executive head” means the governor. The governor is hereby authorized to appoint a compact administrator in accordance with the terms of article VII of that interstate compa…

Nothing contained in sections 232.158 through 232.165 shall be deemed to affect or modify the other provisions of this chapter or of chapter 600 . [C71, 73, 75, 77, 79, 81, §238.41 ] 85 Acts, ch 173, §30 CS85, §232.166 2020 Acts, ch 1063, §91 Referred to in §232.167

A person or agency which violates or aids and abets in the violation of any of the provisions of sections 232.158 through 232.166 commits a fraudulent practice. 88 Acts, ch 1249, §15

The attorney general may, on the attorney general’s own initiative, institute any criminal and civil actions and proceedings under this subchapter , at whatever stage of placement necessary, to enforce the interstate compact on the placement of children, including, but not limite…

The state of Iowa through its courts and agencies is hereby authorized to enter into interstate compacts on juveniles in behalf of this state with any other contracting state which legally joins therein in substantially the following form and the contracting states solemnly agree…

1. For a juvenile under the jurisdiction of this state who is subject to the interstate compact for juveniles under section 232.173 , the confinement of the juvenile in an institution located within another compacting state shall be as provided under the compact. 2. This subsecti…

1. Article I — Purpose. a. The compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped, or run away fr…

1. Definitions. For the purposes of this section , unless the context otherwise requires: a. “Decategorization governance board” or “governance board” means the group that enters into and implements a decategorization project agreement. b. “Decategorization project” means the cou…

1. A child may be taken into custody: a. By order of the court. b. For a delinquent act pursuant to the laws relating to arrest. c. By a peace officer, when the peace officer has reasonable grounds to believe the child has run away from the child’s parents, guardian, or custodian…

1. Contingent on a specific appropriation for juvenile delinquent graduated sanctions services, juvenile court services shall do the following: a. Develop or expand programs providing specific life skills and interpersonal skills training for adjudicated delinquent youth who pose…

The annual state goal for children placed in foster care that is funded under the federal Social Security Act, Tit. IV-E, is that not more than fifteen percent of the children will be in a foster care placement for a period of more than twenty-four months. 2005 Acts, ch 175, §101…

As used in this chapter unless the context otherwise requires: 1. “Abandonment of a child” means the relinquishment or surrender, without reference to any particular person, of the parental rights, duties, or privileges inherent in the parent-child relationship. Proof of abandonm…

1. If a child is taken into custody and not released as provided in section 232.19, subsection 2 , the child shall immediately be taken to a detention or shelter care facility as specified in sections 232.21 or 232.22 . 2. When a child is admitted to a detention or shelter care f…

1. No child shall be placed in shelter care unless one of the following circumstances applies: a. The child has no parent, guardian, custodian, responsible adult relative or other adult approved by the court who will provide proper shelter, care and supervision. b. The child desi…

1. A child shall not be placed in detention unless one of the following conditions is met: a. The child is being held under warrant for another jurisdiction. b. The child is an escapee from a juvenile correctional or penal institution. c. There is probable cause to believe that t…

1. After waiver of a child who will be prosecuted as a youthful offender, the child shall be held in a facility under section 232.22, subsection 3 , paragraph “a” or “b” , unless released in accordance with subsection 2 . 2. a. The court shall determine, at the detention hearing …

1. Any person having knowledge of the facts may file a complaint with the court or its designee alleging that a child has committed a delinquent act. A written record shall be maintained of any oral complaint received. 2. The court or its designee shall refer the complaint to an …