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

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 …

1. A juvenile victim restitution program is created which shall be funded through moneys appropriated by the general assembly to the judicial branch. The primary purpose of the program is to provide funds to compensate victims for losses due to the delinquent acts of juveniles. 2…

Each judicial district shall submit a report of the progress and financial status of its juvenile victim restitution program to the judicial branch on a quarterly basis. The judicial branch shall prepare and submit annually a report on the progress and financial status of the pro…

This chapter shall be known and may be cited as the “Iowa Indian Child Welfare Act” . 2003 Acts, ch 153, §2

1. For the purposes of this chapter , unless the context otherwise requires, a “qualified expert witness” may include, but is not limited to, a social worker, sociologist, physician, psychologist, traditional tribal therapist and healer, spiritual leader, historian, or elder. 2. …

1. The director or the director’s designee shall make a good faith effort to enter into agreements with Indian tribes regarding jurisdiction over child custody proceedings and the care and custody of Indian children whose tribes have land within Iowa, including but not limited to…

1. If the department has legal custody of an Indian child and that child is placed in foster care according to the placement preferences under section 232B.9 the state shall pay, subject to any applicable federal funding limitations and requirements, the cost of the foster care i…

1. The department shall establish an automated database where a permanent record shall be maintained of every involuntary or voluntary foster care, preadoptive placement, or adoptive placement of an Indian child that is ordered by a court of this state and in which the department…

1. The department, in consultation with Indian tribes, shall establish standards and procedures for the department’s review of cases subject to this chapter and methods for monitoring the department’s compliance with provisions of the federal Indian Child Welfare Act and this cha…

The purpose of the Iowa Indian child welfare Act is to clarify state policies and procedures regarding implementation of the federal Indian Child Welfare Act, Pub. L. No. 95-608, as codified in 25 U.S.C. ch. 21. It is the policy of the state to cooperate fully with Indian tribes …

For the purposes of this chapter unless the context otherwise requires: 1. “Adoptive placement” means the permanent placement of an Indian child for adoption including, but not limited to, any action under chapter 232 , 600 , or 600A resulting in a final decree of adoption. “Adop…

1. This chapter applies to child custody proceedings involving an Indian child whether the child is in the physical or legal custody of an Indian parent, Indian custodian, or an Indian extended family member or another person at the commencement of the proceedings or whether the …

1. An Indian tribe has jurisdiction exclusive as to this state over any child custody proceeding held in this state involving an Indian child who resides or is domiciled within the reservation of that tribe, except when the jurisdiction is otherwise vested in this state by existi…

1. This chapter shall not be construed to prevent the emergency removal of an Indian child who is a resident of or is domiciled on an Indian reservation, but is temporarily located off the reservation, or is away from the child’s parent or Indian custodian, or the emergency place…

1. If an Indian child’s parent or Indian custodian voluntarily consents to a foster care placement of the child or to termination of parental rights, the consent shall not be valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and acc…

1. If a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court s…

1. In any adoptive or other permanent placement of an Indian child, preference shall be given to a placement with one of the following, in descending priority order: a. A member of the Indian child’s family. b. Other members of the Indian child’s tribe. c. Another Indian family. …

1. A minor who desires to become emancipated may file a petition for an order of emancipation in juvenile court if all of the following apply: a. The minor is sixteen years of age or older. b. The minor is a resident of this state. c. The minor is not in the care, custody, or con…

1. Prior to an emancipation hearing held pursuant to section 232C.1 , the court, on its own motion, may stay the proceedings, and refer the parties to mediation or request that the department of health and human services investigate any allegations of child abuse or neglect conta…

1. The juvenile court shall determine emancipation based on the best interests of the minor and shall consider all relevant factors including the following: a. The potential risks and consequences of emancipation and whether the minor understands the risks and consequences of ema…

1. An emancipation order shall have the same effect as a minor reaching the age of majority with respect to but not limited to the following: a. The ability to sue or be sued in the minor’s own name. b. The right to enter into a binding contract. c. The right to establish a legal…

This chapter shall be known as the “Iowa Minor Guardianship Proceedings Act” . 2019 Acts, ch 56, §1, 44, 45

1. “Adult” means a person eighteen years of age or older or a person declared to be emancipated by a court of competent jurisdiction. 2. “Conservator” means a person appointed by a court to have custody and control of the property of a minor. 3. “Court” means the juvenile court e…

The juvenile court has exclusive jurisdiction in a guardianship proceeding for appointment of a guardian for a minor and in a proceeding concerning the guardianship of a minor. 2019 Acts, ch 56, §3, 44, 45 ; 2024 Acts, ch 1009, §1 Referred to in §232D.311