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

1. A proceeding under this chapter shall be held in accordance with the rules of civil procedure, except as otherwise set forth in this chapter and in chapter 664A , and is in addition to any other civil or criminal remedy. 2. The plaintiff’s right to relief under this chapter is…

1. Criminal or juvenile justice agencies, as defined in section 692.1 , shall collect and maintain information on incidents involving domestic abuse and shall provide the information to the department of public safety in the manner prescribed by the department of public safety. 2…

This chapter may be cited as the “Sexual Abuse Act” . 2017 Acts, ch 121, §4

1. Criminal or juvenile justice agencies, as defined in section 692.1 , shall collect and maintain information on incidents involving sexual abuse and shall provide the information to the department of public safety in the manner prescribed by the department of public safety. 2. …

1. A plaintiff seeking relief from sexual abuse under this chapter may use any of the following addresses as a mailing address for purposes of filing a petition under this chapter , as well as for the purpose of obtaining any utility or other service: a. The mailing address of a …

1. A peace officer shall use every reasonable means to enforce an order or court-approved consent agreement entered under this chapter , an order that establishes conditions of release or is a protective order or sentencing order in a criminal prosecution arising from a sexual ab…

1. If a peace officer has reason to believe that sexual abuse has occurred, the officer shall use all reasonable means to prevent further abuse including but not limited to the following: a. If requested, remaining on the scene as long as there is a danger to an abused person’s p…

In a criminal action arising from sexual abuse, the prosecuting attorney or court shall not refer or order the parties involved to participate in mediation or other nonjudicial procedures prior to judicial resolution of the action. 2017 Acts, ch 121, §17

Upon receipt of state or federal funding designated for victims of sexual abuse by the department, a public or private nonprofit organization may apply to the department for designation and funding as a provider of emergency shelter services and support services to victims of sex…

1. The department shall do all of the following: a. Designate and award grants for existing and pilot programs pursuant to this chapter to provide emergency shelter services and support services to victims of sexual abuse. b. Design and implement a uniform method of collecting da…

The department, in cooperation with victim service providers, shall work with various professional organizations to encourage organizations to establish training programs for professionals who work in the area of sexual abuse prevention and services. Sexual abuse training may inc…

In addition to the provisions contained in this chapter , certain criminal penalties and provisions pertaining to sexual abuse are set forth in chapters 664A and 709 and sections 726.2 and 728.12 . 2017 Acts, ch 121, §21

1. As used in this section , “foreign protective order” means a protective order entered by a court of another state, Indian tribe, or United States territory that would be an order or court-approved consent agreement entered under this chapter , an order that establishes conditi…

For purposes of this chapter , unless a different meaning is clearly indicated by the context: 1. “Department” means the department of justice. 2. “Emergency shelter services” include but are not limited to secure crisis shelters or housing for victims of sexual abuse. 3. “Plaint…

A court in an action under this chapter shall not issue mutual protective orders against the victim and the abuser unless both file a petition requesting a protective order. 2017 Acts, ch 121, §23

1. A person, including a parent or guardian on behalf of an unemancipated minor, may seek relief from sexual abuse by filing a verified petition in the district court. Venue shall lie where either the plaintiff or defendant resides. The petition shall state the following: a. Name…

1. The department shall prescribe standard forms to be used by plaintiffs seeking protective orders by proceeding pro se in actions under this chapter . The standard forms shall include language in fourteen point boldface type. Standard forms prescribed by the department shall be…

A county attorney’s office may provide assistance to a person wishing to initiate proceedings pursuant to this chapter or to a plaintiff at any stage of a proceeding under this chapter , if the person or plaintiff does not have sufficient funds to pay for legal assistance and if …

1. Not less than five and not more than fifteen days after commencing a proceeding and upon notice to the defendant, a hearing shall be held at which the plaintiff must prove the allegation of sexual abuse by a preponderance of the evidence. 2. The court may enter any temporary o…

1. Upon a finding that the defendant has engaged in sexual abuse, the court may grant a protective order which may contain but is not limited to any of the following provisions: a. That the defendant cease sexual abuse of the plaintiff. b. That the defendant stay away from the pl…

1. When the court is unavailable from the close of business at the end of the day or week to the resumption of business at the beginning of the day or week, a petition may be filed before a district judge, or district associate judge designated by the chief judge of the judicial …

A proceeding under this chapter shall be held in accordance with the rules of civil procedure, except as otherwise set forth in this chapter and in chapter 664A , and is in addition to any other civil or criminal remedy. 2017 Acts, ch 121, §12 Referred to in §915.50

As used in this chapter : 1. “Agency” means a person that does not meet the definition of an individual or a kinship caregiver. 2. “Agency licensee” means an agency issued a license under this chapter . 3. “Approval” means the authorization granted to a kinship caregiver by the d…

1. a. The department shall notify an individual licensee or approved kinship caregiver of any appropriate meetings relating to the case permanency plan of a child in the care of the individual licensee or approved kinship caregiver. b. The department shall notify an individual li…

An individual or an agency who provides child foster care without obtaining a license under this chapter or who knowingly violates this chapter or the rules promulgated pursuant to this chapter is guilty of a serious misdemeanor. [C27, 31, 35, §3661-a57; C39, § 3661.071; C46, 50,…

An individual or an agency who provides child foster care without obtaining a license under this chapter or who knowingly violates this chapter or the rules promulgated pursuant to this chapter may be temporarily or permanently enjoined by a court in an action brought by the stat…

1. The foster family home insurance fund shall be administered by the department. The fund shall consist of all moneys appropriated by the general assembly for deposit in the fund. The department shall use moneys in the fund to provide home and property coverage for foster parent…

The department shall provide for enhanced child foster care services by establishing supplemental per diem or performance-based contracts that include payment of costs relating to payments of principal and interest for bonds and notes issued pursuant to section 16.57 with facilit…

The department, or any individual, kinship caregiver, agency, or juvenile shelter care home that applies the reasonable and prudent parent standard reasonably and in good faith in regard to a child in child foster care shall have immunity from civil or criminal liability which mi…

For the purposes of this subchapter unless otherwise defined: 1. “Case permanency plan” means the same as defined in section 232.2, subsection 6 , except the plan shall also include the following: a. The efforts to place the child with a relative or fictive kin. b. The rationale …

1. The child advocacy board is created within the department. The state board consists of nine members appointed by the governor, subject to confirmation by the senate and directly responsible to the governor. One member shall be an active court appointed special advocate volunte…

1. The state board shall establish a registry of the placements of all children receiving foster care. The agency responsible for the placement shall notify the state board of each placement in accordance with written protocols adopted pursuant to section 237.16, subsection 4 . T…

The state board shall: 1. Review the activities and actions of local boards and the court appointed special advocate program. 2. Adopt rules pursuant to chapter 17A to: a. Establish a recordkeeping system for the files of local boards including individual case reviews. b. Accumul…

1. The state board shall establish local citizen foster care review boards to review cases of children receiving foster care. The department shall discontinue its foster care review process for those children reviewed by local boards as local boards are established and operating.…

It is the policy of this state to provide appropriate protection for children who are separated from the direct personal care of their parents, relatives, fictive kin, or guardians and, as a result, are subject to difficulty in achieving appropriate physical, mental, emotional, e…

A local board shall, except in delinquency cases, do the following: 1. Review the case of each child receiving foster care assigned to a local board in accordance with written protocols adopted pursuant to section 237.16, subsection 4 , to determine whether satisfactory progress …

1. The information and records of or provided to a local board, state board, or court appointed special advocate regarding a child who is receiving foster care or who is under the court’s jurisdiction and the child’s family when relating to services provided or the foster care pl…

The agency responsible for the placement of the child shall create a case permanency plan. In addition to requirements stated in section 232.2, subsection 6 , the plan shall also include but not be limited to: 1. Time frames to meet the stated permanency goal and short-term objec…

1. A court appointed special advocate shall receive notice of all depositions, hearings, and trial proceedings in a matter to which the court appointed special advocate is appointed. 2. The duties of a court appointed special advocate with respect to a child, unless otherwise enl…

1. Except as otherwise provided by subsections 3 and 4 , the department shall adopt and enforce in accordance with chapter 17A , administrative rules necessary to implement this chapter . Formulation of the rules shall include consultation with representatives of child foster car…

An individual or an agency shall not provide child foster care unless the individual or agency is a licensee. However, a license under this chapter is not required of the following: 1. An individual providing child foster care for a total of not more than twenty days in one calen…

1. An individual or an agency shall apply for a license by completing an application to the department upon forms furnished by the department. The department shall issue or reissue a license if the department determines that the applicant or licensee is or upon commencing operati…

1. As a condition for initial licensure, each individual licensee shall complete thirty hours of foster parent training offered or approved by the department. However, if the individual licensee has completed relevant training or has a combination of completed relevant training a…

1. A kinship caregiver shall not provide child foster care unless the kinship caregiver has been granted approval under this section . 2. A kinship caregiver shall apply for approval by submitting a completed application to the department on a form furnished by the department. 3.…

1. A licensee or approved kinship caregiver shall not furnish child foster care in a building or on premises not designated in the licensee’s license or the kinship caregiver’s approval. 2. A licensee shall not furnish child foster care to a greater number of children than is des…

The department may require submission of reports by a licensee, and shall cause at least one annual unannounced inspection of each facility to assess the quality of the living situation and to determine compliance with applicable requirements and standards. The inspections shall …