reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232D - MINOR GUARDIANSHIPS › Section 232D.309 - Emergency appointment of temporary guardian.

232D.309 Emergency appointment of temporary guardian.
1. A person authorized to file a petition under section 232D.301 may file a petition for the emergency appointment of a temporary guardian for the minor.
2. The petition shall state all of the following:
a. The name and address of the minor and the birthdate of the minor.
b. The name and address of the living parents of the minor, if known.
c. The name and address of any other person legally responsible for the custody or care of the minor, if known.
d. The reason the emergency appointment of a temporary guardian is sought.
3. The court may enter an ex parte order appointing a temporary guardian for a minor on an emergency basis under this section if the court finds that all of the following are met:
a. There is not sufficient time to file a petition and hold a hearing pursuant to section 232D.301.
b. The appointment of temporary guardian is necessary to avoid immediate or irreparable harm to the minor.
4. Notice of the emergency appointment of a temporary guardian shall be provided to persons required to be listed in the petition under subsection 2.
5. The parents of the minor and any other person legally responsible for the custody or care of the minor may file a written request for a hearing. Such hearing shall be held no later than seven days after the filing of the written request.
6. The powers of the temporary guardian set forth in the ex parte order shall be limited to those necessary to address the emergency situation requiring the appointment of a temporary guardian.
7. The ex parte order shall terminate within thirty days after the order is issued.
2019 Acts, ch 56, §19, 44, 45
Section takes effect 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 232D - MINOR GUARDIANSHIPS › Section 232D.311 - Appointment of guardian for minor approaching majority on a standby basis.

232D.311 Appointment of guardian for minor approaching majority on a standby basis.
Notwithstanding section 232D.103, any adult with an interest in the welfare of a minor who is at least seventeen years and six months of age may file a verified petition pursuant to section 633.556 to initiate a proceeding to appoint a guardian of the minor to take effect on the minor’s eighteenth birthday.
2019 Acts, ch 56, §21, 44, 45
Section takes effect 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 232D - MINOR GUARDIANSHIPS › Section 232D.401 - Order appointing guardian and powers of guardian.

232D.401 Order appointing guardian and powers of guardian.
1. The order by the court appointing a guardian for a minor shall state the basis for the order.
2. The order by the court appointing a guardian for a minor shall state whether the guardianship is a limited guardianship.
3. An order by the court appointing a guardian for a minor shall state the powers granted to the guardian. Except as otherwise limited by court order, the court may grant the guardian the following powers, which may be exercised without prior court approval:
a. Taking custody of the minor and establishing the minor’s permanent residence if otherwise consistent with the terms of any order of competent jurisdiction relating to the custody, placement, detention, or commitment of the minor within the state.
b. Consenting to medical, dental, and other health care treatment and services for the minor.
c. Providing or arranging for the provision of education for the minor including but not limited to preschool education, primary education and secondary education, special education and related services, and vocational services.
d. Consenting to professional services for the minor to ensure the safety and welfare of the minor.
e. Applying for and receiving funds and benefits payable for the support of the minor.
f. Any other powers the court may specify.
4. The court may grant the guardian the following powers, which shall only be exercised with prior court approval:
a. Consenting to the withholding or withdrawal of life-sustaining procedures, as defined in section 144A.2, from the minor, the performance of an abortion on the minor, or the sterilization of the minor.
b. Establishing the residence of the minor outside of the state.
c. Consenting to the marriage of the minor.
d. Consenting to the emancipation of the minor.
5. The guardian shall obtain prior court approval for denial of all visitation, communication, or interaction between the minor and the parents of the minor. The court shall approve such denial of visitation, communication, or interaction upon a showing by the guardian that significant physical or emotional harm to the minor has resulted or is likely to result to the minor from parental contact. The guardian may place reasonable time, place, or manner restrictions on visitation, communication, or interaction between the minor and the minor’s parents without prior court approval.
2019 Acts, ch 56, §22, 44, 45
Referred to in §144A.7, 144F.2, 144F.6, 232.101A, 232D.402
Section takes effect 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 232D - MINOR GUARDIANSHIPS › Section 232D.402 - Duties and responsibilities of guardian.

232D.402 Duties and responsibilities of guardian.
1. A guardian is a fiduciary and shall act in the best interest of the minor and exercise reasonable care, diligence, and prudence in performing guardianship duties and responsibilities. The fiduciary duties of a guardian for an adult set forth in chapter 633 are applicable to a guardian under this chapter.
2. Except as otherwise limited by the court, a guardian has the duty and responsibility to ensure the minor’s health, education, safety, welfare, and support.
3. A guardian with whom the minor is not living should maintain regular contact with the minor.
4. A guardian should make reasonable efforts to facilitate the continuation of the relationship of the minor and the minor’s parents subject to section 232D.401, subsection 5.
5. A guardian shall file the reports with the court required under section 232D.501.
6. A guardian shall promptly inform the court of any change in the permanent residence of the minor and the minor’s new address.
7. A guardian shall promptly inform the court of any change in the minor’s school or school district.
2019 Acts, ch 56, §23, 44, 45
Referred to in §144F.2, 144F.6
Section takes effect 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 232D - MINOR GUARDIANSHIPS › Section 232D.403 - Guardian’s acceptance of appointment and oath and issuance of letters of appointment.

232D.403 Guardian’s acceptance of appointment and oath and issuance of letters of appointment.
The court shall issue letters of appointment to a guardian upon the guardian’s acceptance of appointment and the guardian’s subscription of an oath, or certification under penalties of perjury, that the guardian will faithfully discharge the duties imposed by law, according to the best of the guardian’s ability.
2019 Acts, ch 56, §24, 44, 45
Section takes effect 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 232D - MINOR GUARDIANSHIPS › Section 232D.501 - Reports of guardian.

232D.501 Reports of guardian.
1. A guardian appointed by the court under this chapter shall file the following reports which shall not be waived by the court:
a. A verified initial care plan filed within sixty days of appointment. The information in the initial care plan shall include but not be limited to the following information:
(1) The minor’s current residence and guardian’s plan for the minor’s living arrangements.
(2) The guardian’s plan for payment of the minor’s living expenses and other expenses.
(3) The minor’s health status and the guardian’s plan for meeting the minor’s health needs.
(4) The minor’s educational training and vocational needs and the guardian’s plan for meeting the minor’s educational training and vocational needs.
(5) The guardian’s plan for facilitating contacts of the minor with the minor’s parents.
(6) The guardian’s plan for contact with and activities on behalf of the minor.
b. A verified annual report filed within thirty days of the close of the reporting period. The information in the annual report shall include but not be limited to the following information:
(1) The current residence and living arrangements of the minor.
(2) The sources of the payment for the minor’s living expenses and other expenses.
(3) The minor’s health status and health services provided the minor.
(4) The minor’s mental, behavioral, or emotional problems, if any, and professional services provided the minor for such problems.
(5) The minor’s educational status and educational training and vocational services provided the minor.
(6) The nature and extent of parental visits and communication with the minor.
(7) The nature and extent of the guardian’s visits with and activities on behalf of the minor.
(8) The need for continuation of guardianship.
(9) The ability of the guardian to continue as guardian.
(10) The need of the guardian for assistance in providing or arranging for the provision of care for the minor.
c. A final report filed within thirty days of the termination of the guardianship under section 232D.503.
2. The judicial branch shall prescribe the forms for use by the guardian in filing the reports required by this section.
3. The clerk of the court shall notify the guardian in writing of the reporting requirements and shall provide information and assistance to the guardian in filing the reports.
4. Reports of the guardian shall be reviewed and approved by the court.
2019 Acts, ch 56, §25, 44, 45
Referred to in §232.101A, 232D.402
Section takes effect 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 232D - MINOR GUARDIANSHIPS › Section 232D.502 - Removal of guardian — appointment of successor guardian.

232D.502 Removal of guardian — appointment of successor guardian.
1. The court may remove a guardian for a minor for failure to perform guardianship duties or for other good cause shown.
2. The court shall conduct a hearing to determine whether a guardian should be removed on the filing of a petition by a minor under guardianship who is fourteen years of age or older, the parent of a minor, or other person with an interest in welfare of the minor if the court determines that there are reasonable grounds for believing that removal is appropriate based on the allegations stated in the petition.
3. The court may conduct a hearing to determine whether the guardian should be removed on the receipt of a written communication from a minor under guardianship who is fourteen years of age or older, the parent of the minor, or other person with an interest in welfare of the minor if the court determines that a hearing would be in the best interest of the minor.
4. The court may decline to hold a hearing under subsection 2 or 3 if the same or substantially similar facts were alleged in a petition filed in the preceding six months or in a written communication received in the preceding six months.
5. The court may appoint a successor guardian on the removal of a guardian pursuant to subsection 1, the death of a guardian, or the resignation of a guardian.
2019 Acts, ch 56, §26, 44, 45
Section takes effect 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 232D - MINOR GUARDIANSHIPS › Section 232D.503 - Termination and modification of guardianships.

232D.503 Termination and modification of guardianships.
1. A guardianship shall terminate on the minor’s death, adoption, emancipation, or attainment of majority.
2. The court shall terminate a guardianship established pursuant to section 232D.203 if the court finds that the basis for the guardianship set forth in section 232D.203 is not currently satisfied unless the court finds that the termination of the guardianship would be harmful to the minor and the minor’s interest in continuation of the guardianship outweighs the interest of a parent of the minor in the termination of the guardianship.
3. The court shall terminate a guardianship established pursuant to section 232D.204 if the court finds that the basis for the guardianship set forth in section 232D.204 is not currently satisfied. A person seeking termination of guardianship established pursuant to section 232D.204 has the burden of making a prima facie showing that the guardianship should be terminated. If such a showing is made, the guardian has the burden of going forward to prove by clear and convincing evidence that the guardianship should not be terminated.
4. The court shall modify the powers granted to the guardian if the court finds such powers no longer meet the needs of the minor or are not in the minor’s best interest.
5. The court may conduct a hearing to determine whether termination or modification of a guardianship is appropriate on the filing of a petition by a minor fourteen years of age or older who is under guardianship, a guardian, or other person with an interest in the welfare of the minor or on receipt of a written communication from such persons.
6. If the court orders termination of a guardianship established under this chapter and the guardian has custody of any assets of a protected person who is a minor or was a minor at the time of the minor’s death, the court shall order delivery of the minor’s assets to the minor or to a fiduciary acting under one or more of the following:
a. A conservatorship established for the minor.
b. A personal representative appointed as a result of the minor’s death.
c. A uniform transfer to minor account established for the minor pursuant to chapter 565B or the laws of any other state.
d. A uniform custodial trust account established for the minor pursuant to chapter 633F or the laws of any other state.
e. A college savings plan account established for the minor pursuant to Internal Revenue Code section 529 or chapter 12D or the laws of any other state.
f. An ABLE account established for the minor with disabilities pursuant to Internal Revenue Code section 529A or chapter 12I or the laws of any other state.
2019 Acts, ch 56, §27, 44, 45; 2021 Acts, ch 8, §22; 2021 Acts, ch 174, §13
Referred to in §232D.501
Section takes effect 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 232D - MINOR GUARDIANSHIPS › Section 232D.504 - Rights and immunities of a guardian.

232D.504 Rights and immunities of a guardian.
1. A guardian is not required to use the guardian’s personal funds for the minor’s expenses. If a conservator has been appointed for the estate of the minor, the guardian may request and the conservator may approve and pay for the requested reimbursement without prior court approval.
2. A guardian may submit a request, together with the guardian’s annual report, for approval by the court of reasonable compensation for services as guardian.
3. Notwithstanding section 137C.25B or any other provision of law to the contrary, a guardian is not liable to a third person for an act or omission of the minor solely by reason of the guardianship.
2019 Acts, ch 56, §28, 44, 45
Section takes effect 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 232D - MINOR GUARDIANSHIPS › Section 232D.505 - Expenses.

232D.505 Expenses.
1. Except as otherwise provided by law, the court shall inquire into the ability of the minor or the minor’s parent to pay expenses incurred pursuant to the guardianship proceedings established under this chapter. After giving the minor and the parent a reasonable opportunity to be heard, the court may order the minor or the parent to pay all or part of the following:
a. Costs of legal expenses of the minor and the parent.
b. Expenses for a court visitor.
c. Filing fees and other court costs, unless the costs are waived for good cause shown.
2. If the court finds a minor’s parents to be indigent, or if the minor has no parent, costs shall be assessed against the county in which the proceeding is pending. For purposes of assessing costs under this subsection, the court shall find a minor’s parents to be indigent if the minor’s or the parent’s income and resources do not exceed one hundred fifty percent of the federal poverty level, or the minor’s parent would be unable to pay such costs without prejudicing the parent’s ability to provide economic necessities for the parent or the parent’s dependents.
2019 Acts, ch 56, §29, 44, 45
Referred to in §232D.304
Section takes effect 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 233 - NEWBORN INFANT CUSTODY RELEASE PROCEDURES (NEWBORN SAFE HAVEN ACT) › Section 233.1 - Newborn safe haven Act — definitions.

233.1 Newborn safe haven Act — definitions.
1. This chapter may be cited as the “Newborn Safe Haven Act”.
2. For the purposes of this chapter, unless the context otherwise requires:
a. “First responder” means an emergency medical care provider, a registered nurse staffing an authorized service program under section 147A.12, a physician assistant staffing an authorized service program under section 147A.13, a fire fighter, or a peace officer as defined in section 801.4.
b. “Institutional health facility” means a hospital as defined in section 135B.1, including a facility providing medical or health services that is open twenty-four hours per day, seven days per week and is a hospital emergency room or a health care facility as defined in section 135C.1.
c. “Newborn infant” means a child who is, or who appears to be, ninety days of age or younger.
2001 Acts, ch 67, §1, 13; 2002 Acts, ch 1119, §33; 2018 Acts, ch 1050, §1, 2; 2022 Acts, ch 1115, §1
Subsection 2, paragraph c amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233 - NEWBORN INFANT CUSTODY RELEASE PROCEDURES (NEWBORN SAFE HAVEN ACT) › Section 233.3 - Immunity.

233.3 Immunity.
Any person authorized by the parent to assist with release of custody in accordance with section 233.2 by relinquishing physical custody of the newborn infant or to otherwise act on the parent’s behalf is immune from criminal prosecution for abandonment or neglect of the newborn infant under section 726.3 or 726.6 and civil liability for any reasonable acts or omissions made in good faith in assisting with the release.
2001 Acts, ch 67, §3, 13
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233 - NEWBORN INFANT CUSTODY RELEASE PROCEDURES (NEWBORN SAFE HAVEN ACT) › Section 233.4 - Rights of parents.

233.4 Rights of parents.
Either parent of a newborn infant whose custody was released in accordance with section 233.2 may intervene in the child in need of assistance or termination of parental rights proceedings held regarding the newborn infant and request that the juvenile court grant custody of the newborn infant to the parent. The requester must show by clear and convincing evidence that the requester is the parent of the newborn infant. If the court determines that the requester is the parent of the newborn infant and that granting custody of the newborn infant to the parent is in the newborn infant’s best interest, the court shall issue an order granting custody of the newborn infant to the parent. In addition to such order, the court may order services for the newborn infant and the parent as are in the best interest of the newborn infant.
2001 Acts, ch 67, §4, 13
Referred to in §233.6
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233 - NEWBORN INFANT CUSTODY RELEASE PROCEDURES (NEWBORN SAFE HAVEN ACT) › Section 233.5 - Confidentiality protections.

233.5 Confidentiality protections.
1. a. In addition to any other privacy protection established in law, a record that is developed, acquired, or held in connection with an individual’s good faith effort to voluntarily release a newborn infant in accordance with this chapter and any identifying information concerning the individual shall be kept confidential. Such record shall not be inspected or the contents disclosed except as provided in this section.
b. Any transcripts or recording of a 911 service telephone call that is made for the purpose of an individual’s good faith effort to voluntarily release custody of a newborn infant in accordance with this chapter and any identifying information concerning the individual shall be kept confidential. Such transcripts or recording of a 911 service telephone call shall not be inspected or the contents disclosed except as provided in this section.
2. A record described in subsection 1 may be inspected and the contents disclosed without court order to the following:
a. The court and professional court staff, including juvenile court officers.
b. The newborn infant and the newborn infant’s counsel.
c. The newborn infant’s parent, guardian, custodian, and those persons’ counsel.
d. The newborn infant’s court appointed special advocate and guardian ad litem.
e. The county attorney and the county attorney’s assistants.
f. An agency, association, facility, or institution which has custody of the newborn infant, or is legally responsible for the care, treatment, or supervision of the newborn infant.
g. The newborn infant’s foster parent or an individual providing preadoptive care to the newborn infant.
3. Pursuant to court order a record described in subsection 1 may be inspected by and the contents may be disclosed to any of the following:
a. A person conducting bona fide research for research purposes under whatever conditions the court may deem proper, provided that no personal identifying data shall be disclosed to such a person.
b. Persons who have a direct interest in a proceeding or in the work of the court.
4. Any person who knowingly discloses, receives, or makes use or permits the use of information derived directly or indirectly from such a record or discloses identifying information concerning such individual, except as provided by this section, commits a serious misdemeanor.
2001 Acts, ch 67, §5, 13; 2018 Acts, ch 1050, §4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233 - NEWBORN INFANT CUSTODY RELEASE PROCEDURES (NEWBORN SAFE HAVEN ACT) › Section 233.6 - Educational and public information.

233.6 Educational and public information.
The department of human services, in consultation with the Iowa department of public health and the department of justice, shall develop and distribute the following:
1. An information card or other publication for distribution by an institutional health facility or a first responder to a parent who releases custody of a newborn infant in accordance with this chapter. The publication shall inform the parent of a parent’s rights under section 233.4, explain the request for medical history information under section 233.2, subsection 2, and provide other information deemed pertinent by the departments.
2. Educational materials, public information announcements, and other resources to develop awareness of the availability of the newborn safe haven Act among adolescents, young parents, and others who might avail themselves of this chapter.
3. Signage that may be used to identify the institutional health facilities at which physical custody of a newborn infant may be relinquished in accordance with this chapter.
2001 Acts, ch 67, §6, 13; 2002 Acts, ch 1119, §34; 2019 Acts, ch 59, §72
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233A - TRAINING SCHOOL › Section 233A.1 - State training school — Eldora.

233A.1 State training school — Eldora.
1. Effective January 1, 1992, a diagnosis and evaluation center and other units are established at the state training school to provide court-committed male juvenile delinquents a program which focuses upon appropriate developmental skills, treatment, placements, and rehabilitation.
2. The diagnosis and evaluation center which is used to identify appropriate treatment and placement alternatives for juveniles and any other units for juvenile delinquents which are located at Eldora shall be known as the “state training school”. For the purposes of this chapter “director” means the director of human services and “superintendent” means the administrator in charge of the diagnosis and evaluation center for juvenile delinquents and other units at the state training school.
3. The number of children present at any one time at the state training school shall not exceed the population guidelines established under
1990 Iowa Acts, ch. 1239, §21
, as adjusted for subsequent changes in the capacity at the training school.
[S13, §2701-a; C24, 27, 31, 35, 39, §3685; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §242.1; 82 Acts, ch 1260, §25]
83 Acts, ch 96, §157, 159; 90 Acts, ch 1239, §15, 16
C93, §233A.1
2005 Acts, ch 175, §102; 2014 Acts, ch 1026, §143; 2018 Acts, ch 1165, §114
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233A - TRAINING SCHOOL › Section 233A.2 - Superintendent — powers and duties.

233A.2 Superintendent — powers and duties.
The superintendent has charge and custody of the juveniles committed to the state training school. The superintendent shall administer the state training school and direct the staff in order to provide a positive living experience designed to prepare the juveniles for a productive future.
[C73, §1651, 1652; C97, §2707; S13, §2707; C24, 27, 31, 35, 39, §3686; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §242.2]
90 Acts, ch 1239, §17
C93, §233A.2
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233A - TRAINING SCHOOL › Section 233A.3 - Salary.

233A.3 Salary.
The salary of the superintendent of the state training school shall be determined by the administrator.
[S13, §2727-3a; C24, 27, 31, 35, 39, §3687; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §242.3; 82 Acts, ch 1260, §26]
C93, §233A.3
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233A - TRAINING SCHOOL › Section 233A.4 - Education and training.

233A.4 Education and training.
The state training school shall provide a positive living experience for older juveniles who require secure custody and who live at the state training school for an extended period of time. The education and training programs provided to the juveniles shall reflect the age level and extended period of stay by focusing upon appropriate developmental skills to prepare the juveniles for productive living.
[C73, §1648; C97, §2706; C24, 27, 31, 35, 39, §3688; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §242.4; 82 Acts, ch 1260, §27]
85 Acts, ch 21, §37; 90 Acts, ch 1239, §18
C93, §233A.4
Referred to in §232.53
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233A - TRAINING SCHOOL › Section 233A.5 - Procedure to commit.

233A.5 Procedure to commit.
The procedure for the commitment of children to the state training school, except as otherwise provided, shall be the same as provided in chapter 232.
[C73, §1653 – 1659; C97, §2708, 2709; S13, §2708, 2709; C24, 27, 31, 35, 39, §3689; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §242.5]
C93, §233A.5
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233A - TRAINING SCHOOL › Section 233A.6 - Visits.

233A.6 Visits.
Members of the executive council, the attorney general, the lieutenant governor, members of the general assembly, judges of the supreme and district court and court of appeals, magistrates, county attorneys and persons ordained or designated as regular leaders of a religious community are authorized to visit the state training school at reasonable times. No other person shall be granted admission except by permission of the superintendent.
85 Acts, ch 21, §38
CS85, §242.6
C93, §233A.6
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233A - TRAINING SCHOOL › Section 233A.7 - Placing in families.

233A.7 Placing in families.
All children committed to and received in the state training school may be placed by the department under foster care arrangements, with any persons or in families of good standing and character where they will be properly cared for and educated. The cost of foster care provided under these arrangements shall be paid as provided in section 234.35.
[C73, §1649; C97, §2704; S13, §2704; C24, 27, 31, 35, 39, §3691; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §242.7; 82 Acts, ch 1260, §29]
90 Acts, ch 1270, §47
C93, §233A.7
Referred to in §233A.11
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233A - TRAINING SCHOOL › Section 233A.8 - Articles of agreement.

233A.8 Articles of agreement.
Such children shall be so placed under articles of agreement, approved by the administrator and signed by the person or persons taking them and by the superintendent. Said articles shall provide for the custody, care, education, maintenance, and earnings of said children for a time to be fixed in said articles, which shall not extend beyond the time when the persons bound shall attain the age of eighteen years.
[C73, §1649; C97, §2704; S13, §2704; C24, 27, 31, 35, 39, §3692; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §242.8]
C93, §233A.8
Referred to in §233A.11
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233A - TRAINING SCHOOL › Section 233A.9 - Resuming custody of child.

233A.9 Resuming custody of child.
In case a child so placed be not given the care, education, treatment, and maintenance required by such agreement, the administrator may cause the child to be taken from the person with whom placed and returned to the institution, or may replace, release, or finally discharge the child as may seem best.
[C73, §1649; C97, §2704; S13, §2704; C24, 27, 31, 35, 39, §3693; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §242.9]
C93, §233A.9
Referred to in §233A.11
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233A - TRAINING SCHOOL › Section 233A.10 - Unlawful interference.

233A.10 Unlawful interference.
It shall be unlawful for any parent or other person not a party to such placing of a child to interfere in any manner or assume or exercise any control over such child or the child’s earnings. Said earnings shall be used, held, or otherwise applied for the exclusive benefit of such child, in accordance with section 234.37.
[S13, §2704; C24, 27, 31, 35, 39, §3694; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §242.10]
C93, §233A.10
Referred to in §233A.11
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233A - TRAINING SCHOOL › Section 233A.11 - County attorney to appear for child.

233A.11 County attorney to appear for child.
In case legal proceedings are necessary to enforce any right conferred on any child by sections 233A.7 through 233A.10, the county attorney of the county in which such proceedings should be instituted shall, on request of the superintendent, approved by the administrator, institute and carry on, in the name of the superintendent, the proceedings in behalf of the superintendent.
[S13, §2704; C24, 27, 31, 35, 39, §3695; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §242.11]
C93, §233A.11
2021 Acts, ch 80, §130
Referred to in §331.756(44)
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233A - TRAINING SCHOOL › Section 233A.12 - Discharge or parole.

233A.12 Discharge or parole.
The administrator may at any time after one year’s service order the discharge or parole of any inmate as a reward for good conduct, and may, in exceptional cases, discharge or parole inmates without regard to the length of their service or conduct, when satisfied that the reasons therefor are urgent and sufficient. If paroled upon satisfactory evidence of reformation, the order may remain in effect or terminate under such rules as the administrator may prescribe.
[C73, §1660, 1661; C97, §2711; S13, §2711; C24, 27, 31, 35, 39, §3696; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §242.12]
C93, §233A.12
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233A - TRAINING SCHOOL › Section 233A.13 - Binding out or discharge.

233A.13 Binding out or discharge.
The binding out or the discharge of an inmate as reformed, or having arrived at the age of eighteen years, shall be a complete release from all penalties incurred by the conviction for the offense upon which the child was committed to the school.
[C73, §1661; C97, §2711; S13, §2711; C24, 27, 31, 35, 39, §3697; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §242.13]
C93, §233A.13
Referred to in §232.53
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233A - TRAINING SCHOOL › Section 233A.14 - Transfers to other institutions.

233A.14 Transfers to other institutions.
The administrator may transfer to the state training school minor wards of the state from any institution under the administrator’s charge but no person shall be so transferred who is mentally ill or has an intellectual disability. Any child in the state training school who is mentally ill or has an intellectual disability may be transferred by the administrator to the proper state institution.
[C66, 71, 73, 75, 77, 79, 81, §242.14]
C93, §233A.14
2012 Acts, ch 1019, §90; 2018 Acts, ch 1165, §115
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233A - TRAINING SCHOOL › Section 233A.15 - Transfers to work in parks.

233A.15 Transfers to work in parks.
1. The administrator may detail children, classed as trustworthy, from the state training school, to perform services for the department of natural resources within the state parks, state game and forest areas, and other lands under the jurisdiction of the department of natural resources. The department of natural resources shall provide permanent housing and work guidance supervision, but the care and custody of the children so detailed shall remain under employees of the division of child and family services of the department of human services. All such programs shall have as their primary purpose and shall provide for inculcation or the activation of attitudes, skills, and habit patterns which will be conducive to the habilitation of the youths involved.
2. The administrator is hereby authorized to use state-owned mobile housing equipment and facilities in performing services at temporary locations in the areas described in subsection 1.
[C66, 71, 73, 75, 77, 79, 81, §242.15; 82 Acts, ch 1260, §30]
83 Acts, ch 96, §157, 159
C93, §233A.15
2021 Acts, ch 80, §131
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 233A - TRAINING SCHOOL › Section 233A.17 - Cost of care.

233A.17 Cost of care.
If a child receives unearned income, the department shall reserve a portion of the unearned income for the use of the child as a personal allowance and apply the remaining portion to the cost of the child’s custody, care, and maintenance provided pursuant to this chapter.
89 Acts, ch 283, §29
CS89, §242.17
C93, §233A.17
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.1 - Definitions.

234.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Administrator” means the administrator of the division.
2. “Child” means either a person less than eighteen years of age or a person eighteen, nineteen, or twenty years of age who meets all of the following conditions:
a. The person was placed by court order issued pursuant to chapter 232 in foster care or in an institution listed in section 218.1 and either of the following situations apply to the person:
(1) After reaching eighteen years of age, the person has remained continuously and voluntarily under the care of an individual, as defined in section 237.1, licensed to provide foster care pursuant to chapter 237 or in a supervised apartment living arrangement, in this state.
(2) The person aged out of foster care after reaching eighteen years of age and subsequently voluntarily applied for placement with an individual, as defined in section 237.1, licensed to provide foster care pursuant to chapter 237 or for placement in a supervised apartment living arrangement, in this state.
b. The person has demonstrated a willingness to participate in case planning and to complete the responsibilities prescribed in the person’s case permanency plan.
c. The department has made an application for the person for adult services upon a determination that it is likely the person will need or be eligible for services or other support from the adult services system.
3. “Division” or “state division” means that division of the department of human services to which the director has assigned responsibility for income and service programs.
4. “Food assistance program” means the benefits provided through the United States department of agriculture program administered by the department of human services in accordance with 7 C.F.R. pts. 270 – 283.
5. “Food programs” means the food stamp and donated foods programs authorized by federal law under the United States department of agriculture.
[C71, 73, 75, 77, 79, 81, S81, §234.1; 81 Acts, ch 7, §11]
83 Acts, ch 96, §160; 86 Acts, ch 1245, §1419; 92 Acts, ch 1229, §20; 93 Acts, ch 54, §3; 2008 Acts, ch 1073, §1; 2009 Acts, ch 41, §263; 2022 Acts, ch 1096, §2
Referred to in §217.36, 235.1, 237.1, 238.1, 252.14, 425.15
Subsection 2 stricken and rewritten
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.2 - Division created.

234.2 Division created.
Within the state department of human services, there is hereby created a division of child and family services which shall be administered by the administrator of said division and such other officers and employees as may be hereafter provided.
[C71, 73, 75, 77, 79, 81, §234.2]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.4 - Education of children in departmental programs.

234.4 Education of children in departmental programs.
If the department of human services has custody or has other responsibility for a child based upon the child’s involvement in a departmental program involving foster care, preadoption or adoption, or subsidized guardianship placement and the child is subject to the compulsory attendance law under chapter 299, the department shall fulfill the responsibilities outlined in section 299.1 and other responsibilities under federal and state law regarding the child’s school attendance. As part of fulfilling the responsibilities described in this section, if the department has custody or other responsibility for placement and care of a child and the child transfers to a different school during or immediately preceding the period of custody or other responsibility, within the first six weeks of the transfer date the department shall assess the student’s degree of success in adjusting to the different school.
2009 Acts, ch 120, §4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.7 - Department duties.

234.7 Department duties.
1. The department of human services shall comply with the provision associated with child foster care licensees under chapter 237 that requires that a child’s foster parent be included in, and be provided timely notice of, planning and review activities associated with the child, including but not limited to permanency planning and placement review meetings, which shall include discussion of the child’s rehabilitative treatment needs.
2. a. The department of human services shall submit a waiver request to the United States department of health and human services as necessary to provide coverage under the medical assistance program for children who are described by both of the following:
(1) The child needs behavioral health care services and qualifies for the care level provided by a psychiatric medical institution for children licensed under chapter 135H.
(2) The child is in need of treatment to cure or alleviate serious mental illness or disorder, or emotional damage as evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others and whose parent, guardian, or custodian is unable to provide such treatment.
b. The waiver request shall provide for appropriately addressing the needs of children described in paragraph “a” by implementing any of the following options: using a wraparound services approach, renegotiating the medical assistance program contract provisions for behavioral health services, or applying another approach for appropriately meeting the children’s needs.
c. If federal approval of the waiver request is not received, the department shall submit options to the governor and general assembly to meet the needs of such children through a state-funded program.
95 Acts, ch 182, §14; 2005 Acts, ch 117, §3; 2008 Acts, ch 1032, §38; 2011 Acts, ch 34, §60
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.8 - Fees for child welfare services.

234.8 Fees for child welfare services.
The department of human services may charge a fee for child welfare services to a person liable for the cost of the services. The fee shall not exceed the reasonable cost of the services. The fee shall be based upon the person’s ability to pay and consideration of the fee’s impact upon the liable person’s family and the goals identified in the case permanency plan. The department may assess the liable person for the fee and the means of recovery shall include a setoff against an amount owed by a state agency to the person assessed pursuant to section 8A.504. In addition the department may establish an administrative process to recover the assessment through automatic income withholding. The department shall adopt rules pursuant to chapter 17A to implement the provisions of this section. This section does not apply to court-ordered services provided to juveniles which are a charge upon the state pursuant to section 232.141 and services for which the department has established a support obligation pursuant to section 234.39.
92 Acts, ch 1229, §24; 2003 Acts, ch 145, §216
For future amendment to this section effective upon the later of January 1, 2021, or the effective date of rules adopted by the department of revenue to implement 2020 Acts, ch 10642020 Acts, ch 1064, see 2020 Acts, ch 1064, §10, 28; 2020 Acts, ch 1118, §73, 74
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.12 - Department to provide food programs.

234.12 Department to provide food programs.
1. The department of human services is authorized to enter into such agreements with agencies of the federal government as are necessary in order to make available to the people of this state any federal food programs which may, under federal laws and regulations, be implemented in this state. Each such program shall be implemented in every county in the state, or in each county where implementation is permitted by federal laws and regulations.
2. The provisions of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, §115, shall not apply to an applicant for or recipient of food stamp benefits in this state. However, the department of human services may apply contingent eligibility requirements as provided under state law and allowed under federal law.
3. Upon request by the department of human services, the department of inspections and appeals shall conduct investigations into possible fraudulent practices, as described in section 234.13, relating to food programs administered by the department of human services.
[C79, 81, §234.12]
90 Acts, ch 1204, §48; 97 Acts, ch 41, §1; 2017 Acts, ch 54, §76
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.12A - Electronic benefits transfer program.

234.12A Electronic benefits transfer program.
1. The department of human services shall maintain an electronic benefits transfer program utilizing electronic funds transfer systems for the food assistance program. The electronic benefits transfer program implemented under this section shall not require a retailer to make cash disbursements or to provide, purchase, or upgrade electronic funds transfer system equipment as a condition of participation in the program.
2. A point-of-sale terminal which is used only for purchases from a retailer by electronic benefits transfer utilizing electronic funds transfer systems is not a satellite terminal as defined in section 527.2.
3. For the purposes of this section, “retailer” means a business authorized by the United States department of agriculture to accept food assistance program benefits.
98 Acts, ch 1066, §1; 98 Acts, ch 1218, §75; 2001 Acts, ch 191, §39; 2005 Acts, ch 175, §104; 2008 Acts, ch 1073, §2, 3; 2009 Acts, ch 182, §130
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.13 - Fraudulent practices relating to food programs.

234.13 Fraudulent practices relating to food programs.
For the purposes of this section, unless the context otherwise requires, “benefit transfer instrument” means a food stamp coupon, authorization-to-purchase card, or electronic benefits transfer card. A person commits a fraudulent practice if that person does any of the following:
1. With intent to gain financial assistance to which that person is not entitled, knowingly makes or causes to be made a false statement or representation or knowingly fails to report to an employee of the department of human services any change in income, resources or other circumstances affecting that person’s entitlement to such financial assistance.
2. As a beneficiary of the food programs, transfers any food stamp benefit transfer instrument to any other individual with intent that the benefit transfer instrument be used for the benefit of someone other than persons within the beneficiary’s food stamp household as certified by the department of human services.
3. Knowingly acquires, uses or attempts to use any food stamp benefit transfer instrument which was not issued for the benefit of that person’s food stamp household by the department of human services, or by an agency administering food programs in another state.
4. Acquires, alters, transfers, or redeems a food stamp benefit transfer instrument or possesses a benefit transfer instrument, knowing that the benefit transfer instrument has been received, transferred, or used in violation of this section or the provisions of the federal food stamp program under 7 U.S.C. ch. 51 or the federal regulations issued pursuant to that chapter.
[C79, 81, §234.13; 82 Acts, ch 1260, §120]
96 Acts, ch 1106, §15
Referred to in §234.12
Fraudulent practices, see §714.8 – 714.14
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 234 - CHILD AND FAMILY SERVICES › Section 234.14 - Federal grants.

234.14 Federal grants.
The state treasurer is hereby authorized to receive such federal funds as may be made available for carrying out any of the activities and functions of the state division, and all such funds are hereby appropriated for expenditure upon authorization of the administrator.
[C39, §3661.015; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §234.14]