reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.91 - Presence of child, parents, guardian ad litem, and others at hearings — additional parties — department recordkeeping.

232.91 Presence of child, parents, guardian ad litem, and others at hearings — additional parties — department recordkeeping.
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 be made a party to proceedings under this subchapter.
2. An agency, facility, institution, adult relative with a substantial relationship to the child, fictive kin, or individual providing custodial care to the child may petition the court to be made a party to proceedings under this subchapter.
3. Any person who is entitled under section 232.88 to receive notice of a hearing concerning a child shall be given the opportunity to be heard in any other review or hearing involving the child. A foster parent, adult relative, or other individual with whom a child has been placed for preadoptive care shall have the right to be heard in any proceeding involving the child. If a child is of an age appropriate to attend the hearing but the child does not attend, the court shall determine if the child was informed of the child’s right to attend the hearing. A presumption exists that it is in the best interests of a child ten years of age or older to attend all hearings.
4. If a child is of an age appropriate to attend a hearing but the child does not attend, the court shall determine if the child was informed of the child’s right to attend the hearing. A presumption exists that it is in the best interests of a child ten years of age or older to attend all hearings and all staff or family meetings involving placement options or services provided to the child. The department shall allow the child to attend all such hearings and meetings unless the attorney for the child finds the child’s attendance is not in the best interests of the child. If the child is excluded from attending a hearing or meeting, the department shall maintain a written record detailing the reasons for excluding the child. Notwithstanding sections 232.147 through 232.151, a copy of the written record shall be made available to the child upon the request of the child after reaching the age of majority.
5. For purposes of this section, “attend” includes the appearance of the child at a hearing by video or telephonic means.
[SS15, §254-a16; C24, 27, 31, 35, 39, §3631; C46, 50, 54, 58, 62, §232.15; C66, 71, 73, 75, 77, §232.11; C79, 81, §232.91]
84 Acts, ch 1279, §11; 95 Acts, ch 182, §4; 97 Acts, ch 164, §3; 98 Acts, ch 1190, §7; 2007 Acts, ch 172, §13; 2008 Acts, ch 1114, §1; 2008 Acts, ch 1187, §133; 2010 Acts, ch 1065, §1, 2; 2020 Acts, ch 1062, §94; 2022 Acts, ch 1098, §37
Referred to in §600A.7
[ ()]Subsections 1 – 4 amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.92 - Exclusion of public from hearings.

232.92 Exclusion of public from hearings.
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 to the child outweighs the public’s interest in having an open hearing. Upon closing the hearing to the public, the court may admit those persons who have direct interest in the case or in the work of the court.
[C79, 81, §232.92]
89 Acts, ch 230, §17; 2020 Acts, ch 1062, §94
Referred to in §232.147, 600A.7
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.93 - Other issues adjudicated.

232.93 Other issues adjudicated.
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 originally properly sought and pleaded.
[C66, 71, 73, 75, 77, §232.12; C79, 81, §232.93]
Referred to in §600A.7
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.94 - Reporter required.

232.94 Reporter required.
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 counsel or guardian ad litem. Matters which must be reported under the provisions of this section shall be reported in the same manner as required in section 624.9.
[C66, 71, 73, 75, 77, §232.32; C79, 81, §232.94]
2020 Acts, ch 1062, §94
Referred to in §232.94A, 600A.7
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.94A - Records — subsequent hearings.

232.94A Records — subsequent hearings.
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
Referred to in §600A.7
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.94B - Continuances.

232.94B Continuances.
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
NEW section
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.97 - Social investigation and report.

232.97 Social investigation and report.
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. The court may direct either the juvenile court officer or the department of human services or any other agency licensed by the state to conduct a social investigation and to prepare a social report which may include any evidence provided by an individual providing foster care for the child. A report prepared shall include any founded reports of child abuse.
2. The social investigation may be conducted and the social history may be submitted to the court prior to the adjudication of the child as a child in need of assistance with the consent of the parties.
3. The social report shall not be disclosed except as provided in this section and except as otherwise provided in this chapter. At least five days prior to the hearing at which the disposition is determined, the department shall file a copy of the social report with the court and the court shall restrict access of the social report to counsel for the child, counsel for the child’s parent, guardian, or custodian, the department, the court appointed special advocate, a local board as defined in section 237.15, the county attorney, the state’s counsel, and the guardian ad litem. The court may in its discretion order counsel not to disclose parts of the report to the child, or to the parent, guardian, or custodian. If the report indicates the child or parent has behaved in a manner that threatened the safety of another person, has committed a violent act causing bodily injury to another person, or has committed sexual abuse, or the child has been a victim of sexual abuse, unless otherwise ordered by the court, the child’s parent, guardian, or foster parent or other person with custody of or providing substantial care to the child shall be provided with that information.
[C66, 71, 73, 75, 77, §232.14; C79, 81, §232.97]
83 Acts, ch 96, §157, 159; 83 Acts, ch 186, §10055, 10201; 84 Acts, ch 1279, §14; 86 Acts, ch 1186, §9; 2005 Acts, ch 124, §4; 2015 Acts, ch 62, §2; 2022 Acts, ch 1098, §44
Referred to in §232.147
Subsection 3 amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.98 - Physical and mental examinations.

232.98 Physical and mental examinations.
1. Except as provided in section 232.78, subsection 5, a physical or mental examination of the child may be ordered only after the filing of a petition pursuant to section 232.87 and after a hearing to determine whether an examination is necessary to determine the child’s physical or mental condition. The court may consider chemical dependency as either a physical or mental condition and may consider a chemical dependency evaluation as either a physical or mental examination.
a. The hearing required by this section may be held simultaneously with the adjudicatory hearing.
b. An examination ordered prior to the adjudication shall be conducted on an outpatient basis when possible, but if necessary the court may commit the child to a suitable nonsecure hospital, facility, or institution for the purpose of examination for a period not to exceed fifteen days if all of the following are found to be present:
(1) Probable cause exists to believe that the child is a child in need of assistance pursuant to section 232.96A, subsection 5 or 6.
(2) Commitment is necessary to determine whether there is clear and convincing evidence that the child is a child in need of assistance.
(3) The child’s attorney agrees to the commitment.
c. An examination ordered after adjudication shall be conducted on an outpatient basis when possible, but if necessary the court may commit the child to a suitable nonsecure hospital, facility, or institution for the purpose of examination for a period not to exceed thirty days.
d. The child’s parent, guardian, or custodian shall be included in counseling sessions offered during the child’s stay in a hospital, facility, or institution when feasible, and when in the best interests of the child and the child’s parent, guardian, or custodian. If separate counseling sessions are conducted for the child and the child’s parent, guardian, or custodian, a joint counseling session shall be offered prior to the release of the child from the hospital, facility, or institution. The court shall require that notice be provided to the child’s guardian ad litem of the counseling sessions and of the participants and results of the sessions.
2. Following an adjudication that a child is a child in need of assistance, the court may after a hearing order the physical or mental examination of the parent, guardian or custodian if that person’s ability to care for the child is at issue.
[C66, 71, 73, 75, 77, §232.13; C79, 81, §232.98; 82 Acts, ch 1209, §15]
84 Acts, ch 1279, §15; 85 Acts, ch 173, §12; 86 Acts, ch 1186, §10; 2009 Acts, ch 41, §263; 2022 Acts, ch 1098, §79
Referred to in §232.78
Subsection 1, paragraph b, subparagraph (1) amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.99 - Dispositional hearing — findings.

232.99 Dispositional hearing — findings.
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 dispositional hearing, any hearing held under section 232.103, and any dispositional review or permanency hearing, the court shall inquire of the parties as to the sufficiency of the services being provided and whether additional services are needed to facilitate the safe return of the child to the child’s home. If the court determines such services are needed, the court shall order the services to be provided. The court shall advise the parties that failure to identify a deficiency in services or to request additional services may preclude the party from challenging the sufficiency of the services in a termination of parent-child relationship proceeding.
4. When the dispositional hearing is concluded the court shall make the least restrictive disposition appropriate considering all the circumstances of the case. The dispositions which may be entered under this subchapter are listed in sections 232.100 through 232.102 in order from least to most restrictive.
5. The court shall make and file written findings as to its reason for the disposition.
[C66, 71, 73, 75, 77, §232.31; C79, 81, §232.99]
98 Acts, ch 1190, §10; 2020 Acts, ch 1062, §94; 2020 Acts, ch 1063, §89
Referred to in §232.58, 232.95, 232.104
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.100 - Suspended judgment.

232.100 Suspended judgment.
After the dispositional hearing the court may enter an order suspending judgment and continuing the proceedings subject to terms and conditions imposed to assure the proper care and protection of the child. Such terms and conditions may include the supervision of the child and of the parent, guardian or custodian by the department of human services, juvenile court office or other appropriate agency designated by the court. The maximum duration of any term or condition of a suspended judgment shall be twelve months unless the court finds at a hearing held during the last month of that period that exceptional circumstances require an extension of the term or condition for an additional six months.
[C79, 81, §232.100]
83 Acts, ch 96, §157, 159
Referred to in §232.99, 232.103, 232.117, 232.127
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.101 - Retention of custody by parent.

232.101 Retention of custody by parent.
1. After the dispositional hearing, the court may enter an order permitting the child’s parent, guardian or custodian at the time of the filing of the petition to retain custody of the child subject to terms and conditions which the court prescribes to assure the proper care and protection of the child. Such terms and conditions may include supervision of the child and the parent, guardian or custodian by the department of human services, juvenile court office or other appropriate agency which the court designates. Such terms and conditions may also include the provision or acceptance by the parent, guardian or custodian of special treatment or care which the child needs for the child’s physical or mental health. If the parent, guardian or custodian fails to provide the treatment or care, the court may order the department of human services or some other appropriate state agency to provide such care or treatment.
2. The duration of any period of supervision or other terms or conditions shall be for an initial period of no more than twelve months and the court, at the expiration of that period, upon a hearing and for good cause shown, may make not more than two successive extensions of such supervision or other terms or conditions of up to twelve months each.
[S13, §254-a20, 2708; C24, 27, 31, 35, 39, §3637; C46, 50, 54, 58, 62, §232.21; C66, 71, 73, 75, 77, §232.33; C79, 81, §232.101]
83 Acts, ch 96, §157, 159; 97 Acts, ch 99, §4
Referred to in §232.99, 232.103, 232.117, 232.127
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.101A - Appointment of guardian.

232.101A Appointment of guardian.
1. After a dispositional hearing the court may close the child in need of assistance case and appoint a guardian pursuant to sections 232D.308 and 232D.401 if all of the following conditions are met:
a. The person receiving guardianship meets the definition of custodian in section 232.2.
b. The person receiving guardianship has assumed responsibility for the child prior to filing of the petition under this subchapter and has maintained placement of the child since the filing of the petition under this subchapter.
c. The parent of the child does not appear at the dispositional hearing, or the parent appears at the dispositional hearing, does not object to the transfer of guardianship, and agrees to waive the requirement for making reasonable efforts as defined in section 232.102.
2. If the court appoints a guardian pursuant to subsection 1, the court may close the child in need of assistance case. The court shall inform the proposed guardian of the guardian’s reporting duties under section 232D.501 and other duties under chapter 232D. The court shall direct the clerk of court, once the proposed guardian has filed an oath of office and identification, to issue letters of appointment for guardianship.
2014 Acts, ch 1048, §1; 2019 Acts, ch 56, §30, 44, 45; 2020 Acts, ch 1062, §94
Referred to in §232.99, 232.103, 232.127, 232D.201
2019 amendment is effective January 1, 2020, and applies to guardianships and guardianship proceedings of minors established or pending before, on, or after that date; 2019 Acts, ch 56, §44, 45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.106 - Terms and conditions on child’s parent.

232.106 Terms and conditions on child’s parent.
If the court enters an order under this chapter which imposes terms and conditions on the child’s parent, guardian, or custodian, the purpose of the terms and conditions shall be to assure the protection of the child. The order is subject to the following provisions:
1. The order shall state the reasons for and purpose of the terms and conditions.
2. If a parent, guardian, or custodian is required to have a chemical test of blood or urine for the purpose of determining the presence of an illegal drug, the test shall be a medically relevant test as defined in section 232.73.
95 Acts, ch 182, §9; 96 Acts, ch 1092, §5
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.109 - Jurisdiction.

232.109 Jurisdiction.
The juvenile court shall have exclusive jurisdiction over proceedings under this chapter to terminate a parent-child relationship and all parental rights with respect to a child. No such termination shall be ordered except under the provisions of this chapter if the court has made an order concerning the child pursuant to the provisions of subchapter III and the order is in force at the time a petition for termination is filed.
[C79, 81, §232.109]
2020 Acts, ch 1062, §35
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.110 - Venue.

232.110 Venue.
1. Venue for termination proceedings under this chapter shall be in the judicial district where the child is found or the judicial district where the child resides except as otherwise provided in subsection 2.
2. If a court has made an order concerning the child pursuant to the provisions of this chapter and the order is still in force at the time the termination petition is filed, such court shall hear and adjudicate the case unless the court transfers the case.
3. The judge may transfer the case to the juvenile court of any county having venue in accordance with the provisions of section 232.62.
[C79, 81, §232.110]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.112 - Notice — service.

232.112 Notice — service.
1. Persons listed in section 232.111, subsection 4, shall be necessary parties to a termination of parent-child relationship proceeding and are entitled to receive notice and an opportunity to be heard, except that notice may be dispensed with in the case of any such person whose name or whereabouts the court determines is unknown and cannot be ascertained by reasonably diligent search. In addition to the persons who are necessary parties who may be parties under section 232.111, notice for any hearing under this subchapter shall be provided to the child’s foster parent, an individual providing preadoptive care for the child, or a relative providing care for the child.
2. Prior to the service of notice on the necessary parties, the juvenile court shall appoint a guardian ad litem for a child if the child does not have a guardian or guardian ad litem or if the interests of the guardian or guardian ad litem conflict with the interests of the child. Such guardian ad litem shall be a necessary party under subsection 1.
3. Notice under this section shall be served personally, sent by restricted certified mail, or sent by electronic mail or other electronic means with the consent of the party to be served, whichever is determined by the court to be the most effective means of notification. If the court determines that personal service is impracticable, the court may order service by publication. Such notice shall be made according to the rules of civil procedure relating to an original notice where not inconsistent with the provisions of this section. Notice by personal delivery and notice sent by electronic mail or other electronic means with the consent of the party to be served shall be served not less than seven days prior to the hearing on termination of parental rights. Notice by restricted certified mail shall be sent not less than fourteen days prior to the hearing on termination of parental rights. A notice by restricted certified mail which is refused by the necessary party given notice shall be sufficient notice to the party under this section.
[C79, 81, §232.112]
98 Acts, ch 1190, §22; 2019 Acts, ch 127, §2; 2020 Acts, ch 1062, §94; 2022 Acts, ch 1098, §56
Subsection 3 amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.113 - Right to and appointment of counsel.

232.113 Right to and appointment of counsel.
1. Upon the filing of a petition the parent identified in the petition shall have the right to counsel in connection with all subsequent hearings and proceedings. If the parent desires but is financially unable to employ counsel, the court shall appoint counsel.
2. Upon the filing of a petition the court shall appoint counsel for the child identified in the petition as a party to the proceedings. The same person may serve both as the child’s counsel and as guardian ad litem.
[C79, 81, §232.113]
Referred to in §232.108
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.114 - Duties of county attorney.

232.114 Duties of county attorney.
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. 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.
3. If there is disagreement between the department and the county attorney regarding the appropriate action to be taken, the department may request that the state be represented by the attorney general in place of the county attorney. If the state is represented by the attorney general, the county attorney may continue to appear in the proceeding and may present the position of the county attorney regarding the appropriate action to be taken in the case.
4. The county attorney and attorney general shall comply with the requirements of chapter 232B and the federal Indian Child Welfare Act, Pub. L. No. 95-608, when either chapter 232B or the federal Indian Child Welfare Act is determined to be applicable in any proceeding under this subchapter.
[C81, §232.114]
89 Acts, ch 230, §18; 2013 Acts, ch 113, §3; 2017 Acts, ch 29, §53; 2020 Acts, ch 1062, §94
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.115 - Reporter required.

232.115 Reporter required.
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 counsel or guardian ad litem. Matters which must be reported under the provisions of this section shall be reported in the same manner as required in section 624.9.
[C81, §232.115]
2020 Acts, ch 1062, §94
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.118 - Removal of guardian.

232.118 Removal of guardian.
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, subsection 3.
a. The moving party or a party opposed to the actions of the guardian has the burden to establish that the court-appointed guardian failed to act in the child’s best interests by unreasonably or irresponsibly failing to discharge the guardian’s duties in finding a suitable adoptive home for the child.
b. The court shall give deference to the decision of the guardian.
2. A child fourteen years of age or older who has not been adopted but who is placed in a satisfactory foster home may, with the consent of the foster parents, join with the guardian appointed by the court in an application to the court to remove the existing guardian and appoint the foster parents as guardians of the child.
3. The authority of a guardian appointed by the court terminates when the child reaches the age of majority or is adopted.
[C79, §232.116; C81, §232.118]
88 Acts, ch 1134, §53; 2022 Acts, ch 1098, §62
Subsection 1, NEW paragraphs a and b
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.120 - Preadoptive care — continued placement.

232.120 Preadoptive care — continued placement.
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 based upon the best interests of the child.
98 Acts, ch 1190, §27
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.125 - Petition.

232.125 Petition.
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 the child, or on the court’s own motion as provided in section 232C.2. The judge, county attorney, or juvenile court officer may authorize such parent, guardian, custodian, or child to file a petition with the clerk of the court without the payment of a filing fee.
3. The petition and subsequent court documents shall be entitled as follows:
In re the family of .........................
4. The petition shall state all of the following:
a. The names and residences of the child.
b. The names and residences of the child’s living parents, guardian, custodian, and guardian ad litem, if any.
c. The age of the child.
5. The petition shall allege that there has been a breakdown in the familial relationship and that the petitioner has sought services from public or private agencies to maintain and improve the familial relationship.
[C79, 81, §232.125]
83 Acts, ch 186, §10055, 10201; 2009 Acts, ch 153, §1; 2015 Acts, ch 30, §78; 2019 Acts, ch 24, §25
Referred to in §232.21, 232C.2, 232C.3
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.126 - Appointment of counsel and guardian ad litem.

232.126 Appointment of counsel and guardian ad litem.
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, guardian, or custodian if that person desires but is financially unable to employ counsel.
2. The court may appoint a court appointed special advocate. The court appointed special advocate shall receive notice of and may attend all depositions, hearings, and trial proceedings to support the child and advocate for the protection of the child. The court appointed special advocate shall not be allowed to separately introduce evidence or to directly examine or cross-examine witnesses. The court appointed special advocate shall submit reports to the court and the parties to the proceedings containing the information required in reports submitted by a court appointed special advocate under section 237.24, subsection 2, paragraphs “g” and “h”. In addition, the court appointed special advocate shall file other reports to the court as required by the court.
[C79, 81, §232.126]
87 Acts, ch 121, §5; 2002 Acts, ch 1162, §18; 2022 Acts, ch 1098, §63
Referred to in §232C.2, 232C.3, 237.21
Subsection 2 amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.133 - Appeal.

232.133 Appeal.
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 until the court enters a corresponding dispositional order pursuant to section 232.52. An appeal that affects the custody of a child shall be heard at the earliest practicable time.
2. Except for appeals from orders entered in child in need of assistance proceedings or orders entered pursuant to section 232.117, appellate procedures shall be governed by the same provisions applicable to appeals from the district court. The supreme court may prescribe rules to expedite the resolution of appeals from orders entered in child in need of assistance proceedings or orders entered pursuant to section 232.117.
3. The pendency of an appeal or application therefor shall not suspend the order of the juvenile court regarding a child and shall not discharge the child from the custody of the court or the agency, association, facility, institution or person to whom the court has transferred legal custody unless the appellate court otherwise orders on application of an appellant.
4. If the appellate court does not dismiss the proceedings and discharge the child, the appellate court shall affirm or modify the order of the juvenile court and remand the child to the jurisdiction of the juvenile court for disposition not inconsistent with the appellate court’s finding on the appeal.
[C66, 71, 73, 75, 77, §232.58; C79, 81, §232.133]
86 Acts, ch 1186, §12; 2001 Acts, ch 117, §1; 2003 Acts, ch 25, §1; 2006 Acts, ch 1129, §1; 2007 Acts, ch 126, §45
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.149B - Public records orders.

232.149B Public records orders.
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 application of any person or upon the court’s own motion at any time prior to the termination of juvenile court jurisdiction over the charged juvenile, and after hearing, the court shall order the official juvenile court records in such a delinquency proceeding to be public records if any of the following apply:
a. The public’s interest in making the records public outweighs the juvenile’s interest in maintaining the confidentiality of the records.
b. The juvenile has been placed on youthful offender status pursuant to section 232.45, subsection 7, and section 907.3A, subsection 1, and will be transferred back to the district court for sentencing prior to the child’s eighteenth birthday.
3. Upon application of any person or upon the court’s own motion at any time prior to the termination of juvenile court jurisdiction over the charged juvenile, and after hearing, the court may order the official juvenile court records in such a delinquency proceeding to be public records if the juvenile has been subsequently adjudicated delinquent for a public offense that would be a serious misdemeanor, aggravated misdemeanor, or felony offense if committed by an adult, or another delinquency proceeding is pending seeking such an adjudication.
4. Records subject to a public records order may be sealed at a later date pursuant to section 232.150.
2016 Acts, ch 1002, §13, 17
Referred to in §13B.4A, 216A.136, 232.11, 232.91, 232.150, 232.151, 232C.4, 692.2, 692A.121, 915.25
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.151 - Criminal penalties.

232.151 Criminal penalties.
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 2, paragraph “c”, shall be guilty of a serious misdemeanor.
2. This section does not apply to a person or entity authorized to receive or inspect the contents of confidential official juvenile court records, or the confidential records of a criminal or juvenile justice agency, juvenile court officer, or juvenile intake officer, when such person or entity discloses such information to another person or entity also authorized to receive or inspect the confidential information, or discloses to a witness or other interested person the date, time, and nature of a court proceeding concerning the child in order to secure the appearance of the witness or other interested person at the proceeding.
[C79, 81, §232.151]
2014 Acts, ch 1038, §2; 2018 Acts, ch 1041, §121; 2018 Acts, ch 1153, §11
Referred to in §216A.136, 232.91, 232C.4, 692A.121
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.158A - Legal risk placement.

232.158A Legal risk placement.
1. Notwithstanding any provision of the interstate compact on the placement of children under section 232.158 to the contrary, the department of human services shall permit the legal risk placement of a child under the interstate compact on the placement of children if the prospective adoptive parent provides a legal risk statement, in writing, acknowledging all of the following:
a. That the placement is a legal risk placement.
b. That the court of the party state of the sending agency retains jurisdiction over the child for purposes of the termination of the parental rights of the biological parents.
c. That if termination of parental rights cannot be accomplished in accordance with applicable laws, the child shall be promptly returned to the party state of the sending agency to be returned to the child’s biological parent or placed as deemed appropriate by a court of the party state of the sending agency.
d. That the prospective adoptive parent assumes full legal, financial, and other risks associated with the legal risk placement and that the prospective adoptive parent agrees to hold the department of human services harmless for any disruption or failure of the placement.
e. That the prospective adoptive parent shall provide support and medical and other appropriate care to the child pending the termination of parental rights of the biological parents and shall assume liability for all costs associated with the return of the child to the party state of the sending agency if the placement is disrupted or fails.
2. Any written legal risk statement utilized in establishing a legal risk placement shall, at a minimum, state all of the information required under subsection 1, shall be signed by any prospective adoptive parent, and shall be notarized. The legal risk statement shall also contain the following notice printed in clearly legible type:
If termination of parental rights is not accomplished and return of the child to the biological parent is required, the prospective adoptive parents are encouraged to seek mental health counseling to address any resulting psychological or family problems.
3. For the purposes of this section, “legal risk placement” means the placement of a child, who is to be adopted, with a prospective adoptive parent prior to the termination of parental rights of the biological parents, under which the prospective adoptive parent assumes the risk that if the parental rights of the biological parents are not terminated the child shall be returned to the biological parents or placed as deemed appropriate by a court of the party state of the sending agency, and under which the prospective adoptive parent assumes other risks and liabilities specified in a written agreement.
2001 Acts, ch 57, §1; 2018 Acts, ch 1041, §63
Referred to in §232.166, 232.167
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.159 - Financial responsibility.

232.159 Financial responsibility.
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 the event of partial or complete default of performance thereunder, the provisions of chapters 252 and 252A, fixing responsibility for the support of children also may be invoked.
[C71, 73, 75, 77, 79, 81, §238.34]
85 Acts, ch 173, §30
CS85, §232.159
2008 Acts, ch 1032, §201
Referred to in §232.166, 232.167
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.160 - Department of human services as public authority.

232.160 Department of human services as public authority.
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 human services and said department shall receive and act with reference to notices required by article III of that interstate compact.
[C71, 73, 75, 77, 79, 81, §238.35]
83 Acts, ch 96, §157, 159
85 Acts, ch 173, §30
CS85, §232.160
2008 Acts, ch 1032, §201
Referred to in §232.166, 232.167
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.161 - Department as authority in receiving state.

232.161 Department as authority in receiving state.
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 shall mean the state department of human services.
[C71, 73, 75, 77, 79, 81, §238.36]
83 Acts, ch 96, §157, 159
85 Acts, ch 173, §30
CS85, §232.161
2008 Acts, ch 1032, §201
Referred to in §232.166, 232.167
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.162 - Authority to enter agreements.

232.162 Authority to enter agreements.
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 children under section 232.158. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or a subdivision or agency of this state shall not be binding unless it has the approval in writing of the administrator of child and family services in the case of the state and the county general assistance director in the case of a subdivision of the state.
[C71, 73, 75, 77, 79, 81, §238.37]
85 Acts, ch 173, §30
CS85, §232.162
92 Acts, ch 1212, §8; 2008 Acts, ch 1032, §201
Referred to in §232.166, 232.167
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.163 - Visitation, inspection, or supervision.

232.163 Visitation, inspection, or supervision.
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 appropriate officers or agencies of this state or a subdivision of this state as contemplated by paragraph “b” of article V of the interstate compact on the placement of children contained in section 232.158.
2. If a child is placed outside the residency state of the child’s parent, the sending agency shall provide for a designee to visit the child at least once every twelve months and to submit a written report to the court concerning the child and the visit.
[C71, 73, 75, 77, 79, 81, §238.38]
85 Acts, ch 173, §30
CS85, §232.163
97 Acts, ch 99, §6; 98 Acts, ch 1100, §27; 2008 Acts, ch 1032, §201
Referred to in §232.166, 232.167
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.164 - Court authority to place child in another state.

232.164 Court authority to place child in another state.
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 that interstate compact.
[C71, 73, 75, 77, 79, 81, §238.39]
85 Acts, ch 173, §30
CS85, §232.164
2008 Acts, ch 1032, §201
Referred to in §232.166, 232.167
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.165 - Executive head.

232.165 Executive head.
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 compact.
[C71, 73, 75, 77, 79, 81, §238.40]
85 Acts, ch 173, §30
CS85, §232.165
2008 Acts, ch 1032, §201
Referred to in §232.166, 232.167
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.166 - Statutes not affected.

232.166 Statutes not affected.
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
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.168 - Attorney general to enforce.

232.168 Attorney general to enforce.
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 limited to, seeking enforcement of the provisions of the compact through the courts of a party state. The department of human services shall cooperate with the attorney general and shall refer any placement or proposed placement to the attorney general which may require enforcement measures.
94 Acts, ch 1174, §4; 2020 Acts, ch 1062, §94
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.172 - Confinement of delinquent juvenile.

232.172 Confinement of delinquent juvenile.
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 subsection applies to the confinement of a delinquent juvenile under the jurisdiction of this state in an institution located within a noncompacting state, as defined in section 232.173, that entered into the interstate compact on juveniles under section 232.171. In addition to any institution in which the authorities of this state may otherwise confine or order the confinement of the delinquent juvenile, such authorities may, pursuant to the out-of-state confinement amendment to the interstate compact on juveniles in section 232.171, confine or order the confinement of the delinquent juvenile in a compact institution within another party state.
[C66, 71, 73, 75, 77, §231.15; C79, 81, §232.140]
CS85, §232.172
2010 Acts, ch 1192, §75; 2011 Acts, ch 34, §58
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.189 - Reasonable efforts administrative requirements.

232.189 Reasonable efforts administrative requirements.
Based upon a model reasonable efforts family court initiative, the director of human services and the chief justice of the supreme court or their designees shall jointly establish and implement a statewide protocol for reasonable efforts, as defined in section 232.102. In addition, the director and the chief justice shall design and implement a system for judicial and departmental reasonable efforts education for deployment throughout the state. The system for reasonable efforts education shall be developed in a manner which addresses the particular needs of rural areas and shall include but is not limited to all of the following topics:
1. Regular training concerning mental or emotional disorders which may afflict children and the impact children with such disorders have upon their families.
2. The duties of judicial and departmental employees associated with placing a child removed from the child’s home into a permanent home and the urgency of the placement for the child.
3. The essential elements, including writing techniques, in developing effective permanency plans.
4. The essential elements of gathering evidence sufficient for the evidentiary standards required for judicial orders under this chapter.
92 Acts, ch 1229, §19; 95 Acts, ch 182, §13; 98 Acts, ch 1190, §28
For future repeal of this section, effective July 1, 2023, see 2022 Acts, ch 1098, §91
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.191 - Early intervention and follow-up programs.

232.191 Early intervention and follow-up programs.
Contingent on a specific appropriation for these purposes, the department shall do the following:
1. Develop or expand programs providing specific life skills and interpersonal skills training for adjudicated delinquent youth who pose a low or moderate risk to the community.
2. Develop or expand a school-based program addressing truancy and school behavioral problems for youth ages twelve through seventeen.
3. Develop or expand an intensive tracking and supervision program for adjudicated delinquent youth at risk for placement who have been released from resident facilities, which shall include telephonic or electronic tracking and monitoring and intervention by juvenile authorities.
4. Develop or expand supervised community treatment for adjudicated delinquent youth who experience significant problems and who constitute a moderate community risk.
94 Acts, ch 1172, §28
Referred to in §232.52
For future repeal of this section, effective July 1, 2023, see 2022 Acts, ch 1098, §91
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232A - JUVENILE VICTIM RESTITUTION › Section 232A.2 - Program created.

232A.2 Program created.
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. Upon completion of a district’s plan, the judicial branch shall provide funds in conformance with the procedures and policies of the state. The judicial branch shall reclaim any portion of an initial allocation to a judicial district that is unencumbered on December 31 of any year. The judicial branch shall immediately reallocate the reclaimed funds to those judicial districts from which funds were not reclaimed in the manner provided in this section for the original allocation. Any portion of an amount allocated that remains unencumbered on June 30 of any year shall revert to the general fund of the state.
83 Acts, ch 94, §3; 90 Acts, ch 1247, §6; 98 Acts, ch 1047, §23; 2021 Acts, ch 76, §150