reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231D - ADULT DAY SERVICES › Section 231D.9 - Complaints and confidentiality.

231D.9 Complaints and confidentiality.
1. A person with concerns regarding the operations or service delivery of an adult day services program may file a complaint with the department. The name of the person who files a complaint with the department and any personal identifying information of the person or any participant identified in the complaint shall be kept confidential and shall not be subject to discovery, subpoena, or other means of legal compulsion for its release to a person other than employees of the department involved in the investigation of the complaint.
2. The department shall establish procedures for the disposition of complaints received in accordance with this section.
2003 Acts, ch 165, §9; 2005 Acts, ch 61, §8, 17; 2007 Acts, ch 215, §195
Referred to in §231D.12
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231D - ADULT DAY SERVICES › Section 231D.9A - Exit interview — issuance of findings.

231D.9A Exit interview — issuance of findings.
1. The department shall provide an adult day services program an exit interview at the conclusion of a monitoring evaluation or a complaint investigation, and the department shall inform the program’s representative of all issues and areas of concern related to the insufficient practices. The department may conduct the exit interview in person or by telephone, and the department shall provide a second exit interview if any additional issues or areas of concern are identified. The program shall have two working days from the date of the exit interview to submit additional or rebuttal information to the department.
2. The department shall issue the final findings of a monitoring evaluation or complaint investigation within ten working days after completion of the on-site monitoring evaluation or complaint investigation. The final findings shall be served upon the program personally, by electronic mail, or by certified mail.
2005 Acts, ch 61, §9, 17; 2007 Acts, ch 215, §196; 2014 Acts, ch 1040, §25, 28
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231D - ADULT DAY SERVICES › Section 231D.10 - Disclosure of findings.

231D.10 Disclosure of findings.
Upon completion of a monitoring evaluation or complaint investigation of an adult day services program by the department pursuant to this chapter, the department’s final findings with respect to compliance by the adult day services program with requirements for certification shall be made available to the public in a readily available form and place. Other information relating to an adult day services program that is obtained by the department which does not constitute the department’s final findings from a monitoring evaluation or complaint investigation of the adult day services program shall not be made available to the public except in proceedings involving the assessment of a civil penalty pursuant to section 231D.11 or the denial, suspension, or revocation of a certificate under this chapter.
2003 Acts, ch 165, §10; 2005 Acts, ch 61, §10, 17; 2007 Acts, ch 215, §197; 2008 Acts, ch 1048, §3, 4; 2014 Acts, ch 1040, §26, 28; 2015 Acts, ch 80, §14
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231D - ADULT DAY SERVICES › Section 231D.10A - Informal conference — formal contest — judicial review.

231D.10A Informal conference — formal contest — judicial review.
1. Within twenty business days after issuance of the final findings, the adult day services program shall notify the director if the program desires to contest the findings and do either of the following:
a. Request an informal conference with an independent reviewer pursuant to subsection 2. Upon the conclusion of an informal conference, if the adult day services program desires to further contest an affirmed or modified regulatory insufficiency, it may do so by giving notice of intent to formally contest the regulatory insufficiency, in writing, to the department within five days after receipt of the written decision of the independent reviewer.
b. Request a contested case hearing in the manner provided by chapter 17A for contested cases. The formal hearing shall be conducted in accordance with chapter 17A and rules adopted by the department.
2. a. The department shall provide an independent reviewer to hold an informal conference with an adult day services program within ten working days after receiving a request from the program pursuant to subsection 1, paragraph “a”. At the conclusion of the informal conference, the independent reviewer may affirm, modify, or dismiss a contested regulatory insufficiency. The independent reviewer shall state in writing the specific reasons for the affirmation, modification, or dismissal and immediately transmit copies of the statement to the department and to the program.
b. An independent reviewer shall be licensed as an attorney in the state of Iowa and shall not be employed or have been employed by the department in the past eight years or have appeared in front of the department on behalf of an adult day services program in the past eight years. Preference shall be given to an attorney with background knowledge, experience, or training in long-term care. The department may issue a request for proposals to enter into a contract for the purpose of providing one or more independent reviewers for informal conferences.
3. An adult day services program that has exhausted all adequate administrative remedies and is aggrieved by the final action of the department may petition for judicial review in the manner provided by chapter 17A.
2014 Acts, ch 1040, §27, 28; 2015 Acts, ch 80, §15
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231D - ADULT DAY SERVICES › Section 231D.11 - Penalties.

231D.11 Penalties.
1. A person establishing, conducting, managing, or operating an adult day services program without a certificate is guilty of a serious misdemeanor. Each day of continuing violation after conviction or notice from the department by certified mail of a violation shall be considered a separate offense or chargeable offense. A person establishing, conducting, managing, or operating an adult day services program without a certificate may be temporarily or permanently restrained by a court of competent jurisdiction from such activity in an action brought by the state.
2. A civil penalty, as established by rule, may apply in any of the following situations:
a. Program noncompliance with one or more regulatory requirements has caused or is likely to cause harm, serious injury, threat, or death to a participant.
b. Program failure or refusal to comply with regulatory requirements within prescribed time frames.
c. Preventing or interfering with or attempting to impede in any way any duly authorized representative of the department in the lawful enforcement of this chapter or of the rules adopted pursuant to this chapter. As used in this paragraph, “lawful enforcement” includes but is not limited to:
(1) Contacting or interviewing any participant in an adult day services program in private at any reasonable hour and without advance notice.
(2) Examining any relevant records of an adult day services program.
(3) Preserving evidence of any violation of this chapter or of the rules adopted pursuant to this chapter.
2003 Acts, ch 165, §11; 2005 Acts, ch 61, §11, 17; 2007 Acts, ch 215, §198, 199
Referred to in §231D.10
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231D - ADULT DAY SERVICES › Section 231D.12 - Retaliation by adult day services program prohibited.

231D.12 Retaliation by adult day services program prohibited.
1. An adult day services program shall not discriminate or retaliate in any way against a participant, participant’s family, or an employee of the program who has initiated or participated in any proceeding authorized by this chapter. An adult day services program that violates this section is subject to a penalty as established by administrative rule, to be assessed and collected by the department, paid into the state treasury, and credited to the general fund of the state.
2. Any attempt to discharge a participant from an adult day services program by whom or upon whose behalf a complaint has been submitted to the department under section 231D.9, within ninety days after the filing of the complaint or the conclusion of any proceeding resulting from the complaint, shall raise a rebuttable presumption that the action was taken by the program in retaliation for the filing of the complaint, except in situations in which the participant is discharged due to changes in health status which exceed the level of care offered by the adult day services program or in other situations as specified by rule.
2003 Acts, ch 165, §12; 2005 Acts, ch 61, §12, 17; 2006 Acts, ch 1010, §74; 2007 Acts, ch 215, §200
Referred to in §231D.17
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231D - ADULT DAY SERVICES › Section 231D.13 - Nursing assistant and medication aide — certification.

231D.13 Nursing assistant and medication aide — certification.
The department, in cooperation with other appropriate agencies, shall establish a procedure to allow nursing assistants or medication aides to claim work within adult day services programs as credit toward sustaining the nursing assistant’s or medication aide’s certification.
2003 Acts, ch 165, §13; 2007 Acts, ch 215, §201
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231D - ADULT DAY SERVICES › Section 231D.13A - Medication setup — administration and storage of medications.

231D.13A Medication setup — administration and storage of medications.
1. An adult day services program may provide for medication setup if requested by a participant or the participant’s legal representative. If medication setup is provided following such request, the program shall be responsible for the specific task requested and the participant shall retain responsibility for those tasks not requested to be provided.
2. If medications are administered or stored by an adult day services program, or if the adult day services program provides for medication setup, all of the following shall apply:
a. If administration of medications is delegated to the program by the participant or the participant’s legal representative, the medications shall be administered by a registered nurse, licensed practical nurse, advanced registered nurse practitioner licensed in Iowa, or by the individual to whom such licensed individuals may properly delegate administration of medications.
b. Medications, other than those self-administered by the participant or provided through medication setup, shall be stored in locked storage that is not accessible to persons other than employees responsible for administration or storage of medications.
c. Medications shall be labeled and maintained in compliance with label instructions and state and federal law.
d. A person, other than a person authorized to prescribe prescription drugs under state and federal law, shall not alter the prescription of a participant.
e. Medications shall be stored in their originally received containers.
f. If medication setup is provided by the program at the request of the participant or the participant’s legal representative, or if medication administration is delegated to the program by the participant or the participant’s legal representative, appropriate staff of the program may transfer the medications in the participant’s presence from the original prescription container to medication dispensing containers, reminder containers, or medication cups.
g. Program assistance with medication administration as specified in the contractual agreement shall not require the program to provide assistance with the storage of medications.
2005 Acts, ch 61, §13, 17; 2015 Acts, ch 56, §20
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231D - ADULT DAY SERVICES › Section 231D.15 - Fire and safety standards.

231D.15 Fire and safety standards.
The state fire marshal shall adopt rules, in coordination with the department, relating to the certification and monitoring of the fire and safety standards of adult day services programs.
2003 Acts, ch 165, §15; 2007 Acts, ch 215, §202
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231D - ADULT DAY SERVICES › Section 231D.16 - Transition provision.

231D.16 Transition provision.
1. Adult day services programs that are serving at least two but not more than five persons and that are not voluntarily accredited by a recognized accrediting entity shall comply with this chapter.
2. A hospital licensed pursuant to chapter 135B, a health care facility licensed pursuant to chapter 135C, or an assisted living program certified pursuant to chapter 231C may operate an adult day services program if the adult day services program is certified pursuant to this chapter.
3. A certified adult day services program that complies with the requirements of this chapter shall not be required to be licensed or certified as another type of facility, unless the facility is represented to the public as another type of facility.
2003 Acts, ch 165, §16; 2005 Acts, ch 61, §14, 17; 2015 Acts, ch 30, §74
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231D - ADULT DAY SERVICES › Section 231D.18 - Involuntary transfer.

231D.18 Involuntary transfer.
1. If an adult day services program initiates the involuntary transfer of a participant and the action is not a result of a monitoring evaluation or complaint investigation by the department, and if the participant or participant’s legal representative contests the transfer, the following procedure shall apply:
a. The adult day services program shall notify the participant or participant’s legal representative, in accordance with the written contractual agreement, of the need to transfer and the reason for the transfer.
b. If, following the internal appeals process, the adult day services program upholds the transfer decision, the participant or participant’s legal representative may utilize other remedies authorized by law to contest the transfer.
2. The department, in consultation with affected state agencies and affected industry, professional, and consumer groups, shall establish by rule, in accordance with chapter 17A, procedures to be followed, including the opportunity for hearing, when the transfer of a participant results from a monitoring evaluation or complaint investigation conducted by the department.
2005 Acts, ch 61, §16, 17; 2007 Acts, ch 215, §204, 205
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231D - ADULT DAY SERVICES › Section 231D.19 - Limitations on admission and retention of participants.

231D.19 Limitations on admission and retention of participants.
An adult day services program shall not knowingly admit or retain a participant who meets any of the following criteria:
1. Is under the age of eighteen.
2. Requires routine three-person assistance with standing, transfer, or evacuation.
3. Poses a danger to the participant, other participants, or the adult day services program staff. “Pose a danger” may include but is not limited to the following situations:
a. The participant chronically elopes despite intervention.
b. The participant is sexually or physically aggressive or abusive.
c. The participant’s verbal abuse is unmanageable by staff.
d. The participant is in the acute stage of alcoholism, drug addiction, or mental illness.
2014 Acts, ch 1009, §1
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231E - PUBLIC GUARDIAN ACT › Section 231E.2 - Office of public guardian — findings and intent.

231E.2 Office of public guardian — findings and intent.
1. a. The general assembly finds that many adults in this state are unable to meet essential requirements to maintain their physical health or to manage essential aspects of their financial resources and are in need of guardianship, conservatorship, or representative payee services. However, a willing and responsible person may not be available to serve as a private guardian, conservator, or representative payee or the adult may not have adequate income or resources to compensate a private guardian, conservator, or representative payee.
b. The general assembly further finds that a process should exist to assist individuals in finding alternatives to guardianship, conservatorship, or representative payee services and less intrusive means of assistance before an individual’s independence or rights are limited.
2. a. It is, therefore, the intent of the general assembly to establish a state office of public guardian and authorize the establishment of local offices of public guardian to provide public guardianship services to adults, when no private guardian, conservator, or representative payee is available.
b. It is also the intent of the general assembly that the state office of public guardian provide assistance to both public and private guardians, conservators, and representative payees throughout the state in securing necessary services for their wards and clients, and to assist guardians, conservators, representative payees, wards, clients, courts, and attorneys in the orderly and expeditious handling of guardianship, conservatorship, and representative payee proceedings.
2005 Acts, ch 175, §131; 2018 Acts, ch 1048, §3
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231E - PUBLIC GUARDIAN ACT › Section 231E.3 - Definitions.

231E.3 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Client” means an individual for whom a representative payee is appointed.
2. “Commission” means the commission on aging.
3. “Conservator” means conservator as defined in section 633.3.
4. “Court” means court as defined in section 633.3.
5. “Department” means the department on aging established in section 231.21.
6. “Director” means the director of the department on aging.
7. “Guardian” means guardian as defined in section 633.3.
8. “Incompetent” means incompetent as defined in section 633.3.
9. “Local office” means a local office of public guardian.
10. “Local public guardian” means an individual under contract with the department to act as a guardian, conservator, or representative payee.
11. “Public guardian” means the state public guardian or a local public guardian.
12. “Public guardianship services” means guardianship, conservatorship, or representative payee services provided by the state public guardian or a local public guardian.
13. “Representative payee” means an individual appointed by a government entity to receive funds on behalf of a client pursuant to federal regulation.
14. “State agency” means any executive department, commission, board, institution, division, bureau, office, agency, or other executive entity of state government.
15. “State office” means the state office of public guardian.
16. “State public guardian” means the administrator of the state office of public guardian.
17. “Ward” means the individual for whom a guardianship or conservatorship is established.
2005 Acts, ch 38, §54; 2005 Acts, ch 175, §132; 2009 Acts, ch 23, §43; 2014 Acts, ch 1078, §2; 2018 Acts, ch 1048, §4
Referred to in §22.7(61), 235B.6, 633.63
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231E - PUBLIC GUARDIAN ACT › Section 231E.6 - Court-initiated or petition-initiated appointment of state or local public guardian — guardianship or conservatorship — discharge.

231E.6 Court-initiated or petition-initiated appointment of state or local public guardian — guardianship or conservatorship — discharge.
1. The court may appoint on its own motion or upon petition of any person, the state office or a local office, to serve as guardian or conservator for any proposed ward in cases in which the court determines that the proceeding will establish the least restrictive form of guardianship or conservatorship services suitable for the proposed ward and if the proposed ward meets all of the following criteria:
a. Is a resident of the service area in which the local office is located from which services would be provided or is a resident of the state, if the state office would provide the services.
b. Is eighteen years of age or older.
c. Does not have suitable family or another appropriate entity willing and able to serve as guardian or conservator.
d. Is incompetent.
e. Is an individual for whom guardianship or conservatorship services are the least restrictive means of meeting the individual’s needs.
2. For all appointments made pursuant to this section, notice shall be provided to the state office or local office prior to appointment. For appointments made pursuant to this section, the state office or local office shall only accept appointments made pursuant to the filing of an involuntary petition for appointment of a conservator or guardianship pursuant to chapter 633.
2005 Acts, ch 175, §135; 2009 Acts, ch 23, §47; 2018 Acts, ch 1048, §7
Referred to in §231E.8
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231E - PUBLIC GUARDIAN ACT › Section 231E.7 - Public guardian-initiated appointment — interventions.

231E.7 Public guardian-initiated appointment — interventions.
The state office or local office may on its own motion or at the request of the court intervene in a guardianship or conservatorship proceeding if the state office or local office or the court considers the intervention to be justified because of any of the following:
1. An appointed guardian or conservator is not fulfilling prescribed duties or is subject to removal under section 633.65.
2. A willing and qualified guardian or conservator is not available.
3. The best interests of the ward require the intervention.
2005 Acts, ch 175, §136; 2009 Acts, ch 23, §48; 2018 Acts, ch 1048, §8
Referred to in §231E.8
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231E - PUBLIC GUARDIAN ACT › Section 231E.8 - Provisions applicable to all appointments and designations — discharge.

231E.8 Provisions applicable to all appointments and designations — discharge.
1. The court shall only appoint or intervene on its own motion or act upon the petition of any person under section 231E.6 or 231E.7 if such appointment or intervention would comply with staffing ratios established by the department and if sufficient resources are available to the state office or local office. Notice of the proposed appointment shall be provided to the state office or local office prior to the granting of such appointment.
2. The state office or local office shall maintain reasonable personal contact with each ward or client for whom the state office or local office is appointed or designated in order to monitor the ward’s or client’s care and progress.
3. Notwithstanding any provision of law to the contrary, the state office or local office appointed by the court may access all confidential records concerning the ward for whom the state office or local office is appointed or designated, including medical records and abuse reports.
4. In any proceeding in which the state or a local office is appointed or is acting as guardian or conservator, the court shall waive court costs or filing fees, if the state office or local office certifies to the court that the state office or local office has waived its fees in their entirety based upon the ability of the ward to pay for the services of the state office or local office.
5. The state public guardian or a local public guardian shall be subject to discharge or removal, by the court, on the grounds and in the manner in which other guardians or conservators are discharged or removed pursuant to chapter 633.
6. The state public guardian or a local public guardian may petition to be removed as guardian or conservator. A petition for removal shall be granted for any of the following reasons:
a. The ward displays assaultive or aggressive behavior that causes the public guardian to fear for their personal safety.
b. The ward refuses the services of the public guardian.
c. The ward refuses to have contact with the public guardian.
d. The ward moves out of Iowa.
2005 Acts, ch 175, §137; 2009 Acts, ch 23, §49; 2018 Acts, ch 1041, §127; 2018 Acts, ch 1048, §9
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231E - PUBLIC GUARDIAN ACT › Section 231E.9 - Fees — appropriated.

231E.9 Fees — appropriated.
Fees received by the state office and by local offices for services provided as the state public guardian or as a local public guardian shall be deposited in the general fund of the state and the amounts received are appropriated to the department for the purposes of administering this chapter.
2005 Acts, ch 175, §138; 2018 Acts, ch 1048, §10
Referred to in §231E.4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231E - PUBLIC GUARDIAN ACT › Section 231E.10 - Conflicts of interest — limitations.

231E.10 Conflicts of interest — limitations.
Notwithstanding section 633.63 or any other provision to the contrary, a local public guardian shall not provide direct services to or have an actual or the appearance of any conflict of interest relating to any individual for whom the local public guardian acts in the capacity of a guardian, conservator, or representative payee, unless such provision of direct services or the appearance of a conflict of interest is approved and monitored by the state office in accordance with rules adopted by the department.
2005 Acts, ch 175, §139; 2018 Acts, ch 1048, §11
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231E - PUBLIC GUARDIAN ACT › Section 231E.11 - Duty of attorney general, county attorney, or other counsel.

231E.11 Duty of attorney general, county attorney, or other counsel.
1. The attorney general may advise the state office on legal matters and represent the state office in legal proceedings.
2. Upon the request of the attorney general, a county attorney may represent the state office or a local office in connection with the filing of a petition for appointment as guardian or conservator and with routine, subsequent appearances.
3. Notwithstanding section 13.7, the state public guardian or a local public guardian may retain a local attorney to represent the state office or a local office in legal proceedings. A local attorney retained under this subsection shall be experienced in probate matters.
2005 Acts, ch 175, §140; 2018 Acts, ch 1048, §12
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231E - PUBLIC GUARDIAN ACT › Section 231E.12 - Liability.

231E.12 Liability.
All employees and volunteers of the state office and local offices operating under this chapter and other applicable chapters and pursuant to rules adopted under this and other applicable chapters are considered employees of the state and state volunteers for the purposes of chapter 669 and shall be afforded protection under section 669.21 or 669.24, as applicable. This section does not relieve a guardian or conservator from performing duties prescribed under chapter 633.
2005 Acts, ch 175, §141
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 231F - LONG-TERM LIVING SYSTEM › Section 231F.1 - Intent for Iowa’s long-term living system.

231F.1 Intent for Iowa’s long-term living system.
1. The general assembly finds and declares that the intent for Iowa’s long-term living system is to ensure all Iowans access to an extensive range of high-quality, affordable, and cost-effective long-term living options that maximize independence, choice, and dignity for consumers.
2. The long-term living system should be comprehensive, offering multiple services and support in home, community-based, and facility-based settings; should utilize a uniform assessment process to ensure that such services and support are delivered in the most integrated and life-enhancing setting; and should ensure that such services and support are provided by a well-trained, motivated workforce.
3. The long-term living system should exist in a regulatory climate that appropriately ensures the health, safety, and welfare of consumers, while not being overly restrictive or inflexible.
4. The long-term living system should sustain existing informal care systems including family, friends, volunteers, and community resources; should encourage innovation through the use of technology and new delivery and financing models, including housing; should provide incentives to consumers for private financing of long-term living services and support; and should allow Iowans to live independently as long as they desire.
5. Information regarding all components of the long-term living system should be effectively communicated to all persons potentially impacted by the need for long-term living services and support in order to empower consumers to plan, evaluate, and make decisions about how best to meet their own long-term living needs.
2005 Acts, ch 175, §146
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.1 - Rules of construction.

232.1 Rules of construction.
This chapter shall be liberally construed to the end that each child under the jurisdiction of the court shall receive, preferably in the child’s own home, the care, guidance and control that will best serve the child’s welfare and the best interest of the state. When a child is removed from the control of the child’s parents, the court shall secure the least restrictive care for the child’s placement with a preference for placement with the child’s family or a fictive kin.
[S13, §254-a14; C24, 27, 31, 35, 39, §3617; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §232.1]
2022 Acts, ch 1098, §1
Section amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.1A - Foster care placement — annual goal.

232.1A Foster care placement — annual goal.
The annual state goal for children placed in foster care that is funded under the federal Social Security Act, Tit. IV-E, is that not more than fifteen percent of the children will be in a foster care placement for a period of more than twenty-four months.
2005 Acts, ch 175, §101; 2010 Acts, ch 1061, §180
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.3 - Concurrent court proceedings.

232.3 Concurrent court proceedings.
1. During the pendency of an action under this chapter, a party to the action is estopped from litigating concurrently the custody, guardianship, or placement of a child who is the subject of the action, in a court other than the juvenile court. A district judge, district associate judge, magistrate, or judicial hospitalization referee, upon notice of the pendency of an action under this chapter, shall not issue an order, finding, or decision relating to the custody, guardianship, or placement of the child who is the subject of the action, under any law, including but not limited to chapter 232D, 598, 598B, or 633.
2. The juvenile court with jurisdiction of the pending action under this chapter, however, may, upon the request of a party to the action or on its own motion, authorize the party to litigate concurrently in another court a specific issue relating to the custody, guardianship, or placement of the child who is the subject of the action. Before authorizing a party to litigate a specific issue in another court, the juvenile court shall give all parties to the action an opportunity to be heard on the proposed authorization. The juvenile court may request but shall not require another court to exercise jurisdiction and adjudicate a specific issue relating to the custody, guardianship, or placement of the child.
83 Acts, ch 21, §2; 83 Acts, ch 186, §10056, 10201; 99 Acts, ch 103, §42; 2022 Acts, ch 1098, §15
Subsection 1 amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.4 - Jurisdiction — support obligation.

232.4 Jurisdiction — support obligation.
Notwithstanding any other provision of this chapter, and for the purposes of establishing a parental liability obligation for a child under the jurisdiction of the juvenile court, a support obligation shall be established pursuant to section 234.39.
92 Acts, ch 1195, §302; 94 Acts, ch 1171, §7
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.5 - Abortion performed on a minor — waiver of notification proceedings.

232.5 Abortion performed on a minor — waiver of notification proceedings.
The court shall have exclusive jurisdiction over the proceedings for the granting of an order for waiver of the notification requirements relating to the performance of an abortion on a minor pursuant to section 135L.3.
96 Acts, ch 1011, §10; 96 Acts, ch 1174, §6
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.6 - Jurisdiction — adoptions and terminations of parental rights.

232.6 Jurisdiction — adoptions and terminations of parental rights.
The court may exercise jurisdiction over adoption and termination of parental rights proceedings under chapters 600 and 600A.
2000 Acts, ch 1145, §1
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.7 - Iowa Indian child welfare Act.

232.7 Iowa Indian child welfare Act.
1. If a proceeding held under this chapter involves an Indian child as defined in section 232B.3 and the proceeding is subject to the Iowa Indian child welfare Act under chapter 232B, the proceeding and other actions taken in connection with the proceeding or this chapter shall comply with chapter 232B.
2. In any proceeding held or action taken under this chapter involving an Indian child, the applicable requirements of the federal Adoption and Safe Families Act of 1997, Pub. L. No. 105-89, shall be applied to the proceeding or action in a manner that complies with chapter 232B and the federal Indian Child Welfare Act, Pub. L. No. 95-608.
2003 Acts, ch 153, §1; 2014 Acts, ch 1026, §49
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.7A - Rules of juvenile procedure.

232.7A Rules of juvenile procedure.
Proceedings under this chapter are subject to rules prescribed by the supreme court under section 602.4201.
[C79, 81, §232.152]
83 Acts, ch 186, §10058, 10201; 2021 Acts, ch 76, §150
C2022, §232.7A
Rules adopted by the supreme court are published in the compilation “Iowa Court Rules”
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.7B - Applicability of this chapter prior to July 1, 1979.

232.7B Applicability of this chapter prior to July 1, 1979.
1. Except as provided in subsections 2 and 3, this chapter does not apply to juvenile court cases brought prior to July 1, 1979, or to acts committed prior to July 1, 1979, which would otherwise bring a child or a child’s parent, guardian, or custodian within the jurisdiction of the juvenile court pursuant to this chapter.
2. In a case pending on or commenced after July 1, 1979, involving acts committed prior to July 1, 1979, upon the request of any party and the approval of the court:
a. Procedural provisions of this chapter shall apply insofar as they are justly applicable.
b. The court may order a disposition of the case pursuant to the provisions of this chapter.
3. Provisions of this chapter governing the termination, modification, or vacation of a dispositional order shall apply to persons to whom a dispositional order has been issued for acts committed prior to July 1, 1979, except that the maximum length of the order and the severity of the disposition shall not be increased. The provisions of this chapter shall not affect the substantive or procedural validity of a judgment entered before July 1, 1979, regardless of the fact that appeal time has not run or that an appeal is pending.
[C81, §232.153]
2021 Acts, ch 76, §150
C2022, §232.7B
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.9 - Motion for change of judge.

232.9 Motion for change of judge.
Prior to a hearing pursuant to sections 232.44 through 232.47, 232.50, or 232.54, the child may file a motion with the district court for the appointment of a new judge. The chief judge of the district court for cause shown shall appoint a new judge.
[C79, 81, §232.9]
2021 Acts, ch 80, §125
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.10 - Venue.

232.10 Venue.
1. Venue for delinquency proceedings shall be in the judicial district where the child is found, where the child resides or where the alleged delinquent act occurred.
2. The court may transfer delinquency proceedings to the court of any county having venue at any stage in the proceeding as follows:
a. When it appears that the best interests of the child or society or the convenience of the parties will be served by a transfer, the court may transfer the case to the court of the county of the child’s residence.
b. With the consent of the receiving court, the court may transfer the case to the court of the county where the child is found.
c. The court may transfer the case to the county where the alleged delinquent act occurred.
3. The court shall transfer the case by ordering the transfer and a continuance and by forwarding to the clerk of the receiving court a certified copy of all papers filed together with an order of transfer. The judge of the receiving court may accept the filings of the transferring court or may direct the filing of a new petition and hear the case anew.
[C71, 73, 75, 77, §232.68 – 232.70; C79, 81, §232.10]
88 Acts, ch 1134, §49
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.12 - Duties of county attorney.

232.12 Duties of county attorney.
Upon the filing of a petition the county attorney shall represent the state in all adversary proceedings arising under this subchapter and shall present evidence in support of the petition.
[C66, 71, 73, 75, 77, §232.19; C79, 81, §232.12]
2020 Acts, ch 1062, §94
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.13 - State liability.

232.13 State liability.
1. For purposes of chapter 669, the following persons shall be considered state employees:
a. A child given a work assignment of value to the state or the public or a community work assignment under this chapter.
b. A court appointed special advocate and the members of the child advocacy board created in section 237.16 or a local citizen foster care review board created in accordance with section 237.19.
2. The state of Iowa is exclusively liable for and shall pay any compensation becoming due a person under section 85.59.
84 Acts, ch 1280, §2; 85 Acts, ch 177, §2; 87 Acts, ch 24, §1; 87 Acts, ch 121, §3; 2005 Acts, ch 55, §1
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.19 - Taking a child into custody.

232.19 Taking a child into custody.
1. A child may be taken into custody:
a. By order of the court.
b. For a delinquent act pursuant to the laws relating to arrest.
c. By a peace officer, when the peace officer has reasonable grounds to believe the child has run away from the child’s parents, guardian, or custodian, for the purposes of determining whether the child shall be reunited with the child’s parents, guardian, or custodian or placed in shelter care.
d. By a peace officer, juvenile court officer, or juvenile parole officer when the officer has reasonable grounds to believe the child has committed a material violation of a dispositional order.
2. When a child is taken into custody as provided in subsection 1 the person taking the child into custody shall notify the child’s parent, guardian, or custodian as soon as possible. The person may place bodily restraints, such as handcuffs, on the child if the child physically resists; threatens physical violence when being taken into custody; is being taken into custody for an alleged delinquent act of violence against a person; or when, in the reasonable judgment of the officer, the child presents a risk of injury to the child or others. The child may also be restrained by handcuffs or other restraints at any time after the child is taken into custody if the child has a known history of physical violence to others. Unless the child is placed in shelter care or detention in accordance with the provisions of section 232.21 or 232.22, the child shall be released to the child’s parent, guardian, custodian, responsible adult relative, or other adult approved by the court upon the promise of such person to produce the child in court at such time as the court may direct.
3. Notwithstanding any other provision of this chapter, a child shall not be placed in detention as a result of a violation by that child of section 123.47.
4. Information pertaining to a child who is at least ten years of age and who is taken into custody for a delinquent act which would be a forcible felony offense if committed by an adult is a public record and is not confidential under section 232.147, subject to the provisions of section 232.149.
[SS15, §254-a16; C24, 27, 31, 35, 39, §3630; C46, 50, 54, 58, 62, §232.14; C66, 71, 73, 75, 77, §232.15, 232.16; C79, 81, §232.19]
83 Acts, ch 186, §10055, 10201; 90 Acts, ch 1251, §25; 94 Acts, ch 1172, §13; 97 Acts, ch 90, §2; 97 Acts, ch 126, §12, 13; 98 Acts, ch 1100, §24; 2016 Acts, ch 1002, §3, 17; 2022 Acts, ch 1098, §16
Referred to in §123.46, 232.20, 232.21, 232.149, 232.149A, 321J.1, 692.1
Subsection 1, paragraph c amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.20 - Admission of child to shelter care or detention.

232.20 Admission of child to shelter care or detention.
1. If a child is taken into custody and not released as provided in section 232.19, subsection 2, the child shall immediately be taken to a detention or shelter care facility as specified in sections 232.21 or 232.22.
2. When a child is admitted to a detention or shelter care facility the person in charge of the facility or the person’s designated representative shall notify the court, the child’s attorney, and the child’s parent, guardian, or custodian as soon as possible of the admission and the reasons for that admission.
[C66, 71, 73, 75, 77, §232.17; C79, 81, §232.20]
Referred to in §234.35
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.23 - Detention — youthful offenders.

232.23 Detention — youthful offenders.
1. After waiver of a child who will be prosecuted as a youthful offender, the child shall be held in a facility under section 232.22, subsection 3, paragraph “a” or “b”, unless released in accordance with subsection 2.
2. a. The court shall determine, at the detention hearing under section 232.44, the amount of bail, appearance bond, or other conditions necessary for a child who has been waived for prosecution as a youthful offender to be released from detention or that the child should not be released from detention.
b. A child placed in detention or released under this subsection shall be supervised by a juvenile court officer or juvenile court services personnel.
c. An order under this section may be reviewed by the court upon motion of either party.
97 Acts, ch 126, §15
Referred to in §232.44, 232.45, 602.1211
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.35 - Filing of petition.

232.35 Filing of petition.
1. A formal judicial proceeding to determine whether a child has committed a delinquent act shall be initiated by the filing by the county attorney of a petition alleging that a child has committed a delinquent act. After a petition has been filed, service of a summons requiring the child to appear before the court or service of a notice shall be made as provided in section 232.37.
2. If the intake officer determines that a complaint is legally sufficient for the filing of a petition alleging that a child has committed a delinquent act and that the filing of a petition would be in the best interests of the child and the community, the officer shall submit a written request for the filing of a petition to the county attorney. The county attorney may grant or deny the request of the intake officer for the filing of a petition. A determination by the county attorney that a petition should not be filed shall be final.
3. If the intake officer determines that a complaint is not legally sufficient for the filing of a petition or that the filing of a petition would not be in the best interests of the child and the community, the officer shall notify the complainant of the officer’s determination and the reasons for such determination, and shall advise the complainant that the complainant may submit the complaint to the county attorney for review. Upon receiving a request for review, the county attorney shall consider the facts presented by the complainant, consult with the intake officer and make the final determination as to whether a petition should be filed. In the absence of a request by the complainant for a review of the intake officer’s determination that a petition should not be filed, the officer’s determination shall be final, and the intake officer shall inform the county attorney of this decision concerning complaints involving allegations of acts which, if committed by an adult, would constitute an aggravated misdemeanor or a felony.
[SS15, §254-a15; C24, 27, 31, 35, 39, §3621; C46, 50, 54, 58, 62, §232.5; C66, 71, 73, 75, 77, §232.3; C79, 81, §232.35]
92 Acts, ch 1231, §16; 2003 Acts, ch 151, §4
Referred to in §232.28, 331.653, 692.1, 692.8, 692.15
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.36 - Contents of petition.

232.36 Contents of petition.
1. The petition and subsequent court documents shall be entitled as follows:
In the interests of ...................., a child.
2. The petition shall be verified and any statements in the petition may be made upon information and belief.
3. The petition shall set forth plainly:
a. The name, age, and residence of the child who is the subject of the petition.
b. The names and residences of any:
(1) Living parent of the child.
(2) Guardian of the child.
(3) Legal custodian of the child.
(4) Guardian ad litem.
c. With reasonable particularity, the time, place and manner of the delinquent act alleged and the penal law allegedly violated by such act.
4. If any of the facts required under subsection 3, paragraphs “a” and “b” are not known by the petitioner, the petition shall so state.
5. The petition shall set forth plainly the nearest known relative of the child if no parent or guardian can be found.
[SS15, §254-a15; C24, 27, 31, 35, 39, §3621, 3622; C46, 50, 54, 58, 62, §232.5, 232.6; C66, 71, 73, 75, 77, §232.3; C79, 81, §232.36]
2019 Acts, ch 24, §24
Referred to in §232.87
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.38 - Presence of parents at hearings.

232.38 Presence of parents at hearings.
1. Any hearings or proceedings under this subchapter subsequent to the filing of a petition shall not take place without the presence of one or both of the child’s parents, guardian or custodian except that a hearing or proceeding may take place without such presence if the parent, guardian or custodian fails to appear after reasonable notification, or if the court finds that a reasonably diligent effort has been made to notify the child’s parent, guardian, or custodian, and the effort was unavailing.
2. In any such hearings or proceedings the court may temporarily excuse the presence of the parent, guardian or custodian when the court deems it in the best interests of the child. Counsel for the parent, guardian or custodian shall have the right to participate in a hearing or proceeding during the absence of the parent, guardian or custodian.
[SS15, §254-a16; C24, 27, 31, 35, 39, §3631; C46, 50, 54, 58, 62, §232.15; C66, 71, 73, 75, 77, §232.11, 232.30; C79, 81, §232.38]
2020 Acts, ch 1062, §94
Referred to in §232.91
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.39 - Exclusion of public from hearings.

232.39 Exclusion of public from hearings.
At any time during the proceedings, the court, on the motion of any of the parties or upon the court’s own motion, may exclude the public from hearings under this subchapter 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.
[C24, 27, 31, 35, 39, §3635; C46, 50, 54, 58, 62, §232.19; C66, 71, 73, 75, 77, §232.27; C79, 81, §232.39]
88 Acts, ch 1134, §51; 2020 Acts, ch 1062, §94
Referred to in §232.147