reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.40 - Other issues adjudicated.

232.40 Other issues adjudicated.
When it appears during the course of any hearing or proceeding that some action or remedy other than those indicated by the application or pleading is appropriate, the court, with the consent of all necessary parties, may proceed to hear and determine the additional or other issues as though originally properly sought and pleaded.
[C66, 71, 73, 75, 77, §232.12; C79, 81, §232.40]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.41 - Reporter required.

232.41 Reporter required.
Stenographic notes or mechanical or electronic recordings shall be taken of all court hearings held pursuant to this subchapter unless waived by the parties. The child shall not be competent to waive the reporting requirement, but waiver may be made for the child by the child’s counsel or guardian ad litem. Matters which must be reported under the provisions of this section shall be reported in the same manner as required in section 624.9.
[C66, 71, 73, 75, 77, §232.32; C79, 81, §232.41]
2020 Acts, ch 1062, §94
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.42 - Continuances.

232.42 Continuances.
1. Continuances in juvenile delinquency proceedings may be granted by the court only for good cause shown on the record if the child is being held in detention.
2. Where the child requests a continuance of proceedings, the court, in an order granting the continuance, may suspend the time limitations imposed on the state by this subchapter for a period of time not to exceed the length of the continuance.
3. Proceedings may be continued for up to one year upon the request of the county attorney and the child to permit the making of probation arrangements prior to the adjudicatory hearing. If either the child or the county attorney requests that the adjudicatory hearing be held at any time during the period of the continuance, the court shall set the matter for hearing.
[S13, §254-a23; C24, 27, 31, 35, 39, §3637; C46, 50, 54, 58, 62, §232.21; C66, 71, 73, 75, 77, §232.34; C79, §232.13, 232.42; C81, §232.42]
94 Acts, ch 1172, §15; 2020 Acts, ch 1062, §94
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.45A - Waiver to and conviction by district court — processing.

232.45A Waiver to and conviction by district court — processing.
1. Once jurisdiction over a child has been waived by the juvenile court as provided in section 232.45, for the alleged commission of a felony, and once a conviction is entered by the district court, for all other offenses, the clerk of the juvenile court shall immediately send a certified copy of the findings required by section 232.45, subsection 10, and the judgment of conviction, as applicable, to the department of public safety. The department shall maintain a file on each child who has previously been waived to or waived to and convicted by the district court in a prosecution as an adult. The file shall be accessible by law enforcement officers on a twenty-four hour per day basis.
2. Once a child sixteen years of age or older has been waived by the juvenile court to the district court, all subsequent criminal proceedings against the child for any delinquent act committed after the date of the waiver by the juvenile court shall begin in district court, notwithstanding sections 232.8 and 232.45. A copy of the findings required by section 232.45, subsection 10, shall be made a part of the record in the district court proceedings. However, upon acquittal or dismissal in district court of all waived offenses and all lesser included offenses of the waived offenses, the proceedings for any delinquent act committed by the child subsequent to such acquittal or dismissal shall begin in juvenile court. Any proceedings initiated in district court for a public offense committed by the child subsequent to the waiver by the juvenile court, but prior to any acquittal or dismissal of all waived offenses and lesser included offenses in district court, shall remain in district court.
3. If proceedings against a child sixteen years of age or older who has previously been waived to district court are mistakenly begun in the juvenile court, the matter shall be transferred to district court upon the discovery of the prior waiver, notwithstanding sections 232.8 and 232.45.
4. This section shall not apply to a child who was waived to the district court for the purpose of being prosecuted as a youthful offender.
91 Acts, ch 232, §4; 92 Acts, ch 1231, §17; 94 Acts, ch 1172, §18; 95 Acts, ch 191, §12; 97 Acts, ch 126, §24; 2013 Acts, ch 42, §6
Referred to in §232.9, 232.22
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.48 - Predisposition investigation and report.

232.48 Predisposition investigation and report.
1. The court shall not make a disposition of the matter following the entry of an order of adjudication pursuant to section 232.47 until a predisposition report has been submitted to and considered by the court.
2. After a petition is filed, the court shall direct a juvenile court officer or any other agency or individual to conduct a predisposition investigation and to prepare a predisposition report. The investigation and report shall cover all of the following:
a. The social history, environment and present condition of the child and the child’s family.
b. The performance of the child in school.
c. The presence of child abuse and neglect histories, learning disabilities, physical impairments and past acts of violence.
d. Other matters relevant to the child’s status as a delinquent, treatment of the child or proper disposition of the case.
3. No predisposition report shall be submitted to or considered by the court prior to the completion of the adjudicatory hearing without the consent of the child and the child’s counsel.
4. A predisposition report shall not be disclosed except as provided in this section and in subchapter VIII. The court shall permit the child’s attorney to inspect the predisposition report prior to consideration by the court. The court may order counsel not to disclose parts of the report to the child, or to the child’s parent, guardian, guardian ad litem, or custodian if the court finds that disclosure would seriously harm the treatment or rehabilitation of the child. If the report indicates the child has behaved in a manner that threatened the safety of another person, has committed a violent act causing bodily injury to another person, or has been a victim or perpetrator of sexual abuse, unless otherwise ordered by the court, the child’s parent, guardian, or foster parent or other person with custody of the child shall be provided with that information.
[C79, 81, §232.48]
83 Acts, ch 186, §10055, 10201; 85 Acts, ch 88, §1; 2005 Acts, ch 124, §2; 2020 Acts, ch 1062, §32
Referred to in §232.147
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.49 - Physical and mental examinations.

232.49 Physical and mental examinations.
1. Following the entry of an order of adjudication under section 232.47 the court may, after a hearing which may be simultaneous with the adjudicatory hearing, order a physical or mental examination of the child if it finds that an examination is necessary to determine the child’s physical or mental condition. The court may consider chemical dependency as either a physical or mental condition and may consider a chemical dependency evaluation as either a physical or mental examination. If the examination indicates the child has behaved in a manner that threatened the safety of another person, has committed a violent act causing bodily injury to another person, or has been a victim or perpetrator of sexual abuse, unless otherwise ordered by the court, the child’s parent, guardian, or foster parent or other person with custody of the child shall be provided with that information.
2. When possible an examination shall be conducted on an outpatient basis, but the court may, if it deems necessary, commit the child to a suitable hospital, facility or institution for the purpose of examination. Commitment for examination shall not exceed thirty days and the civil commitment provisions of chapter 229 shall not apply.
3. a. At any time after the filing of a delinquency petition the court may order a physical or mental examination of the child if the following circumstances apply:
(1) The court finds such examination to be in the best interest of the child; and
(2) The parent, guardian, or custodian and the child’s counsel agree.
b. An examination shall be conducted on an outpatient basis unless the court, the child’s counsel, and the parent, guardian, or custodian agree that it is necessary the child be committed to a suitable hospital, facility, or institution for the purpose of examination. Commitment for examination shall not exceed thirty days and the civil commitment provisions of chapter 229 shall not apply.
[C66, 71, 73, 75, 77, §232.13; C79, 81, §232.49]
86 Acts, ch 1186, §4; 2005 Acts, ch 124, §3; 2009 Acts, ch 41, §235
Referred to in §232.147
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.50 - Dispositional hearing.

232.50 Dispositional hearing.
1. As soon as practicable following the entry of an order of adjudication pursuant to section 232.47 or notification that the child has been placed on youthful offender status pursuant to section 907.3A, the court shall hold a dispositional hearing in order to determine what disposition should be made of the matter.
2. The court shall hold a periodic dispositional review hearing for each child in placement pursuant to section 232.52, subsection 2, paragraph “d” or “e”, to determine the future disposition status of the child. The hearings shall not be waived or continued beyond twelve months after the last dispositional hearing or dispositional review hearing.
3. At dispositional hearings under this section all relevant and material evidence shall be admitted.
4. When a dispositional hearing under this section is concluded the court shall enter an order to make any one or more of the dispositions authorized under section 232.52.
[C66, 71, 73, 75, 77, §232.31; C79, 81, §232.50]
87 Acts, ch 159, §1; 97 Acts, ch 99, §1; 97 Acts, ch 126, §25; 2013 Acts, ch 42, §7
Referred to in §232.9, 232.11, 232.52, 232.103
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.51 - Disposition of child with mental illness.

232.51 Disposition of child with mental illness.
1. If the evidence received at an adjudicatory or a dispositional hearing indicates that the child is mentally ill, the court may direct the juvenile court officer or the department to initiate proceedings or to assist the child’s parent or guardian to initiate civil commitment proceedings in the juvenile court and such proceedings in the juvenile court shall adhere to the requirements of chapter 229.
2. a. If prior to the adjudicatory or dispositional hearing on the pending delinquency petition, the child is committed as a child with a mental illness and is ordered into a residential facility, institution, or hospital for inpatient treatment, the delinquency proceeding shall be suspended until such time as the juvenile court either terminates the civil commitment order or the child is released from the residential facility, institution, or hospital for purposes of receiving outpatient treatment.
b. During any time that the delinquency proceeding is suspended pursuant to this subsection, any time limits for speedy adjudicatory hearings and continuances shall be tolled.
c. This subsection shall not apply to waiver hearings held pursuant to section 232.45.
[C79, 81, §232.51]
83 Acts, ch 186, §10055, 10201; 86 Acts, ch 1186, §5; 96 Acts, ch 1129, §62; 2011 Acts, ch 10, §1; 2012 Acts, ch 1019, §85, 86; 2013 Acts, ch 130, §31, 35
Referred to in §229.26
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.52A - Disposition of certain juvenile offenders.

232.52A Disposition of certain juvenile offenders.
1. In addition to any other order of the juvenile court, a person under age eighteen, who may be in need of treatment as determined under section 232.8, may be ordered to participate in an alcohol or controlled substance education or evaluation program approved by the juvenile court. If recommended after evaluation, the court may also order the person to participate in a treatment program approved by the court. The juvenile court may also require the custodial parent or parents or other legal guardian to participate in an educational program with the person under age eighteen if the court determines that such participation is in the best interests of the person under age eighteen.
2. If the duration of a dispositional order is extended pursuant to section 232.53, subsection 3, the court may continue or extend supervision by an electronic tracking and monitoring system in addition to any other conditions of supervision.
90 Acts, ch 1251, §26; 2009 Acts, ch 119, §35
Referred to in §232.8
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.55 - Effect of adjudication and disposition.

232.55 Effect of adjudication and disposition.
1. An adjudication or disposition in a proceeding under this subchapter shall not be deemed a conviction of a crime and shall not impose any civil disabilities or operate to disqualify the child in any civil service application or appointment.
2. a. Adjudication and disposition proceedings under this subchapter are not admissible as evidence against a person in a subsequent proceeding in any other court before or after the person reaches majority except in a proceeding pursuant to chapter 229A or in a sentencing proceeding after conviction of the person for an offense other than a simple or serious misdemeanor.
b. Adjudication and disposition proceedings may properly be included in a presentence investigation report prepared pursuant to chapter 901 and section 906.5.
c. However, the use of adjudication and disposition proceedings pursuant to this subsection shall be subject to the restrictions contained in section 232.150.
3. This section does not apply to dispositional orders entered regarding a child who has been placed on youthful offender status under section 907.3A who is not discharged from probation before or upon the child’s eighteenth birthday.
[C79, 81, §232.55]
85 Acts, ch 179, §1; 97 Acts, ch 126, §29; 2009 Acts, ch 41, §238; 2013 Acts, ch 42, §11; 2014 Acts, ch 1059, §3; 2020 Acts, ch 1062, §94
Referred to in §321.213
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.56 - Youthful offenders — transfer to district court supervision.

232.56 Youthful offenders — transfer to district court supervision.
The juvenile court shall deliver a report, which includes an assessment of the child by a juvenile court officer after consulting with the judicial district department of correctional services, to the district court prior to the eighteenth birthday of a child who has been placed on youthful offender status under section 907.3A. A hearing shall be held in the district court in accordance with section 907.3A to determine whether the child should be discharged from youthful offender status or whether the child shall continue under the supervision of the district court after the child’s eighteenth birthday.
97 Acts, ch 126, §30; 2013 Acts, ch 42, §12
Referred to in §907.3A
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.57 - Reasonable efforts defined — effect of aggravated circumstances.

232.57 Reasonable efforts defined — effect of aggravated circumstances.
1. For the purposes of this subchapter, unless the context otherwise requires, “reasonable efforts” means the efforts made to prevent permanent removal of a child from the child’s home and to encourage reunification of the child with the child’s parents and family. Reasonable efforts shall include but are not limited to giving consideration, if appropriate, to interstate placement of a child in the permanency planning decisions involving the child and giving consideration to in-state and out-of-state placement options at a permanency hearing and when using concurrent planning. If a court order includes a determination that continuation of the child in the child’s home is not appropriate or not possible, reasonable efforts may include the efforts made in a timely manner to finalize a permanency plan for the child.
2. If the court determines by clear and convincing evidence that aggravated circumstances exist, with written findings of fact based upon evidence in the record, the court may waive the requirement for making reasonable efforts. The existence of aggravated circumstances is indicated by any of the following:
a. The parent has abandoned the child.
b. The court finds the circumstances described in section 232.116, subsection 1, paragraph “i”, are applicable to the child.
c. The parent’s parental rights have been terminated under section 232.116 with respect to another child who is a member of the same family, and there is clear and convincing evidence to show that the offer or receipt of services would not be likely within a reasonable period of time to correct the conditions which led to the child’s removal.
d. The parent has been convicted of the murder of another child.
e. The parent has been convicted of the voluntary manslaughter of another child.
f. The parent has been convicted of aiding or abetting, attempting, conspiring in, or soliciting the commission of the murder or voluntary manslaughter of another child.
g. The parent has been convicted of a felony assault which resulted in serious bodily injury of the child or of another child.
3. Any order entered under this subchapter may include findings regarding reasonable efforts.
2001 Acts, ch 135, §9; 2007 Acts, ch 172, §4; 2020 Acts, ch 1062, §94; 2022 Acts, ch 1098, §18
Referred to in §232.21, 232.22, 232.52, 232B.5
[ ()]Subsection 2, paragraphs d – g amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.61 - Jurisdiction.

232.61 Jurisdiction.
1. The juvenile court shall have exclusive jurisdiction over proceedings under this chapter alleging that a child is a child in need of assistance.
2. In determining such jurisdiction the age and marital status of the child at the time the proceedings are initiated is controlling.
[C71, 73, 75, 77, §232.63; C79, 81, §232.61]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.62 - Venue.

232.62 Venue.
1. Venue for child in need of assistance proceedings shall be in the judicial district where the child is found or in the judicial district of the child’s residence.
2. The court may transfer any child in need of assistance proceedings brought under this chapter to the juvenile court of any county having venue at any stage in the proceedings as follows:
a. When it appears that the best interests of the child or the convenience of the proceedings shall 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.
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, §232.62]
Referred to in §232.110, 232.123
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.67 - Legislative findings — purpose and policy.

232.67 Legislative findings — purpose and policy.
Children in this state are in urgent need of protection from abuse. It is the purpose and policy of subchapter III to provide the greatest possible protection to victims or potential victims of abuse through encouraging the increased reporting of suspected cases of abuse, ensuring the thorough and prompt assessment of these reports, and providing rehabilitative services, where appropriate and whenever possible to abused children and their families which will stabilize the home environment so that the family can remain intact without further danger to the child. The state recognizes removing a child from the child’s family will cause the child harm and that the harm caused by a child’s removal must be weighed against the potential harm in allowing a child to remain with the child’s family.
[C66, 71, 73, 75, 77, §235A.1; C79, 81, §232.67]
97 Acts, ch 35, §3, 25; 2020 Acts, ch 1062, §94; 2022 Acts, ch 1098, §19
Referred to in §232.68
Section amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.71C - Court action following assessment — guardian ad litem.

232.71C Court action following assessment — guardian ad litem.
1. If, upon completion of an assessment performed under section 232.71B, the department determines that the best interests of the child require juvenile court action, the department shall act appropriately to initiate the action. If at any time during the assessment process the department believes court action is necessary to safeguard a child, the department shall act appropriately to initiate the action. The county attorney shall assist the department.
2. The department shall assist the juvenile court or district court during all stages of court proceedings involving an alleged child abuse case in accordance with the purposes of this chapter.
3. In every case involving child abuse which results in a child protective judicial proceeding, whether or not the proceeding arises under this chapter, a guardian ad litem shall be appointed by the court to represent the child in the proceedings. Before a guardian ad litem is appointed pursuant to this section, the court shall require the person responsible for the care of the child to complete under oath a detailed financial statement. If, on the basis of that financial statement, the court determines that the person responsible for the care of the child is able to bear the cost of the guardian ad litem, the court shall so order. In cases where the person responsible for the care of the child is unable to bear the cost of the guardian ad litem, the expense shall be paid out of the county treasury.
97 Acts, ch 35, §7, 25; 2013 Acts, ch 113, §1; 2013 Acts, ch 115, §5, 19
Referred to in §232.68, 331.424
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.72 - Jurisdiction — transfer.

232.72 Jurisdiction — transfer.
1. For the purposes of this subchapter, the terms “department of human services”, “department”, or “county attorney” ordinarily refer to the service area or local office of the department of human services or of the county attorney’s office serving the county in which the child’s home is located.
2. If the person making a report of child abuse pursuant to this chapter does not know where the child’s home is located, or if the child’s home is not located in the service area where the health practitioner examines, attends, or treats the child, the report may be made to the department or to the local office serving the county where the person making the report resides or the county where the health practitioner examines, attends, or treats the child. These agencies shall promptly proceed as provided in section 232.71B, unless the matter is transferred as provided in this section.
3. If the child’s home is located in a county not served by the office receiving the report, the department shall promptly transfer the matter by transmitting a copy of the report of injury and any other pertinent information to the office and the county attorney serving the other county. The office and the county attorney shall promptly proceed as provided in section 232.71B.
[C66, 71, 73, 75, 77, §235A.6; C79, 81, §232.72]
83 Acts, ch 96, §157, 159; 97 Acts, ch 35, §8, 25; 2004 Acts, ch 1116, §7; 2018 Acts, ch 1041, §62; 2020 Acts, ch 1062, §94; 2021 Acts, ch 80, §127
Referred to in §232.68
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.73 - Medically relevant tests — immunity from liability.

232.73 Medically relevant tests — immunity from liability.
1. A person participating in good faith in the making of a report, photographs, or X rays, or in the performance of a medically relevant test pursuant to this chapter, or aiding and assisting in an assessment of a child abuse report pursuant to section 232.71B, shall have immunity from any liability, civil or criminal, which might otherwise be incurred or imposed. The person shall have the same immunity with respect to participation in good faith in any judicial proceeding resulting from the report or relating to the subject matter of the report.
2. As used in this section and in sections 232.73A, 232.77, and 232.78, “medically relevant test” means a test that produces reliable results of exposure to cocaine, heroin, amphetamine, methamphetamine, or other illegal drugs, or combinations or derivatives of the illegal drugs, including a drug urine screen test.
[C66, 71, 73, 75, 77, §235A.7; C79, 81, §232.73]
83 Acts, ch 88, §1; 90 Acts, ch 1264, §28; 95 Acts, ch 182, §8; 96 Acts, ch 1092, §3; 97 Acts, ch 35, §9, 25; 2001 Acts, ch 135, §11; 2012 Acts, ch 1040, §1
Referred to in §232.68, 232.71B, 232.77, 232.96A, 232.106
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.73A - Retaliation prohibited — remedy.

232.73A Retaliation prohibited — remedy.
1. a. An employer shall not take retaliatory action against an employee as a reprisal for the employee’s participation in good faith in making a report, photograph, or X ray, or in the performance of a medically relevant test pursuant to this chapter, or aiding and assisting in an assessment of a child abuse report pursuant to section 232.71B. This section does not apply to a disclosure of information that is prohibited by statute.
b. For purposes of this section, “retaliatory action” includes but is not limited to an employer’s action to discharge an employee or to take or fail to take action regarding an employee’s appointment or proposed appointment to a position in employment, to take or fail to take action regarding an employee’s promotion or proposed promotion to a position in employment, or to fail to provide an advantage in a position in employment.
2. Subsection 1 may be enforced through a civil action.
a. A person who violates subsection 1 is liable to an aggrieved employee for affirmative relief including reinstatement, with or without back pay, or any other equitable relief the court deems appropriate, including attorney fees and costs.
b. When a person commits, is committing, or proposes to commit an act in violation of subsection 1, an injunction may be granted through an action in district court to prohibit the person from continuing such acts. The action for injunctive relief may be brought by an aggrieved employee or the county attorney.
2012 Acts, ch 1040, §2; 2013 Acts, ch 90, §59
Referred to in §232.68, 232.73
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.74 - Evidence not privileged or excluded.

232.74 Evidence not privileged or excluded.
Sections 622.9 and 622.10 and any other statute or rule of evidence which excludes or makes privileged the testimony of a husband or wife against the other or the testimony of a health practitioner or mental health professional as to confidential communications, do not apply to evidence regarding a child’s injuries or the cause of the injuries in any judicial proceeding, civil or criminal, resulting from a report pursuant to this chapter or relating to the subject matter of such a report.
[C66, 71, 73, 75, 77, §235A.8; C79, 81, §232.74]
83 Acts, ch 37, §1; 87 Acts, ch 153, §6
Referred to in §228.6, 232.68
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.75 - Sanctions.

232.75 Sanctions.
1. Any person, official, agency, or institution required by this chapter to report a suspected case of child abuse who knowingly and willfully fails to do so is guilty of a simple misdemeanor.
2. Any person, official, agency, or institution required by section 232.69 to report a suspected case of child abuse who knowingly fails to do so or who knowingly interferes with the making of such a report in violation of section 232.70 is civilly liable for the damages proximately caused by such failure or interference.
3. A person who reports or causes to be reported to the department of human services false information regarding an alleged act of child abuse, knowing that the information is false or that the act did not occur, commits a simple misdemeanor.
[C75, 77, §235A.9; C79, 81, §232.75]
86 Acts, ch 1238, §11; 87 Acts, ch 13, §2; 2001 Acts, ch 122, §6
Referred to in §232.68, 232.71B
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.76 - Publicity, educational, and training programs.

232.76 Publicity, educational, and training programs.
1. The department, within the limits of available funds, shall conduct a continuing publicity and educational program for the personnel of the department, persons required to report, and any other appropriate persons to encourage the fullest possible degree of reporting of suspected cases of child abuse. Educational programs shall include but not be limited to the diagnosis and cause of child abuse, the responsibilities, obligations, duties, and powers of persons and agencies under this chapter and the procedures of the department and the juvenile court with respect to suspected cases of child abuse and disposition of actual cases.
2. a. For the purposes of this subsection, in addition to the definition in section 232.68, a “child protection worker” also includes any employee of the department who provides services to or otherwise works directly with children and families for whom child abuse has been alleged.
b. The training of a child protection worker shall include but is not limited to the worker’s legal duties to protect the constitutional and statutory rights of a child and the child’s family members throughout the child or family members’ period of involvement with the department beginning with the child abuse report and ending with the department’s closure of the case. The curriculum used for the training shall specifically include instruction on the fourth amendment to the Constitution of the United States and parents’ legal rights.
[C75, 77, §235A.10; C79, 81, §232.76]
2004 Acts, ch 1152, §3
Referred to in §232.68
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.77 - Photographs, X rays, and medically relevant tests.

232.77 Photographs, X rays, and medically relevant tests.
1. A person who is required to report suspected child abuse may take or cause to be taken, at public expense, photographs, X rays, or other physical examinations or tests of a child which would provide medical indication of allegations arising from an assessment. A health practitioner may, if medically indicated, cause to be performed radiological examination, physical examination, or other medical tests of the child. A person who takes any photographs or X rays or performs physical examinations or other tests pursuant to this section shall notify the department that the photographs or X rays have been taken or the examinations or other tests have been performed. The person who made notification shall retain the photographs or X rays or examination or test findings for a reasonable time following the notification. Whenever the person is required to report under section 232.69, in that person’s capacity as a member of the staff of a medical or other private or public institution, agency or facility, that person shall immediately notify the person in charge of the institution, agency, or facility or that person’s designated delegate of the need for photographs or X rays or examinations or other tests.
2. a. If a health practitioner discovers in a child physical or behavioral symptoms of the effects of exposure to cocaine, heroin, amphetamine, methamphetamine, or other illegal drugs, or combinations or derivatives thereof, which were not prescribed by a health practitioner, or if the health practitioner has determined through examination of the natural mother of the child that the child was exposed in utero, the health practitioner may perform or cause to be performed a medically relevant test, as defined in section 232.73, on the child. The practitioner shall report any positive results of such a test on the child to the department. The department shall begin an assessment pursuant to section 232.71B upon receipt of such a report. A positive test result obtained prior to the birth of a child shall not be used for the criminal prosecution of a parent for acts and omissions resulting in intrauterine exposure of the child to an illegal drug.
b. If a health practitioner involved in the delivery or care of a newborn or infant discovers in the newborn or infant physical or behavioral symptoms that are consistent with the effects of prenatal drug exposure or a fetal alcohol spectrum disorder, the health practitioner shall report such information to the department in a manner prescribed by rule of the department.
[C75, 77, §235A.11; C79, 81, §232.77]
83 Acts, ch 96, §157, 159; 90 Acts, ch 1264, §29; 93 Acts, ch 93, §3; 94 Acts, ch 1130, §6; 96 Acts, ch 1092, §4; 97 Acts, ch 35, §10, 25; 2013 Acts, ch 115, §9, 19; 2017 Acts, ch 86, §3
Referred to in §232.68, 232.73
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.79A - Children without adult supervision.

232.79A Children without adult supervision.
If a peace officer determines that a child does not have adult supervision because the child’s parent, guardian, or other person responsible for the care of the child has been arrested and detained or has been unexpectedly incapacitated, and that no adult who is legally responsible for the care of the child can be located within a reasonable period of time, the peace officer shall attempt to place the child with an adult relative of the child or a fictive kin. The person with whom the child is placed is authorized to give consent for emergency medical treatment of the child and shall not be held liable for any action arising from giving the consent. Upon the request of the peace officer, the department shall assist in making the placement. The placement shall not exceed a period of twenty-four hours and shall be terminated when a person who is legally responsible for the care of the child is located and takes custody of the child. If a person who is legally responsible for the care of the child cannot be located within the twenty-four hour period or a placement in accordance with this section is unavailable, the provisions of section 232.79 shall apply. If the person with whom the child is placed charges a fee for the care of the child, the fee shall be paid from funds provided in the appropriation to the department for protective child care.
90 Acts, ch 1215, §2; 2022 Acts, ch 1098, §28
Section amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.79B - Safety plans.

232.79B Safety plans.
1. For the purposes of this section, “safety plan” means a short-term, time-limited agreement entered into between the department and a child’s parent designed to address signs of imminent or impending danger to a child identified by the department.
2. Upon the department’s determination that potential harm to a child may be mitigated by the development of a safety plan, the department may enter into a safety plan with the child’s parent.
3. A safety plan shall not be construed as a removal from parental custody absent a court order placing the child with a person or facility other than the parent who entered into the safety plan.
4. The department shall adopt rules to implement this section.
2022 Acts, ch 1098, §29, 93
Section applies beginning on the effective date specified in rules adopted by the department of human services pursuant to chapter 17A to implement the section; 2022 Acts, ch 1098, §93
NEW section
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.81 - Complaint.

232.81 Complaint.
1. Any person having knowledge of the circumstances may file a complaint with the person or agency designated by the court to perform intake duties alleging that a child is a child in need of assistance.
2. Upon receipt of a complaint, the court may request the department of human services, juvenile probation office, or other authorized agency or individual to conduct a preliminary investigation of the complaint to determine if further action should be taken.
3. A petition alleging the child to be a child in need of assistance may be filed pursuant to section 232.87 provided the allegations of the complaint, if proven, are sufficient to establish the court’s jurisdiction and the filing is in the best interests of the child.
[SS15, §254-a15; C24, 27, 31, 35, 39, §3621; C46, 50, 54, 58, 62, §232.5; C71, 73, 75, 77, §232.3; C79, 81, §232.81]
83 Acts, ch 96, §157, 159; 2011 Acts, ch 98, §6
Referred to in §232.21, 232.83
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.82 - Removal of sexual offenders, physical abusers, and domestic abusers from the residence pursuant to court order.

232.82 Removal of sexual offenders, physical abusers, and domestic abusers from the residence pursuant to court order.
1. Notwithstanding section 561.15, if it is alleged by a person authorized to file a petition under section 232.87, subsection 2, or by the court on its own motion, that a parent, guardian, custodian, or an adult member of the household in which a child resides has committed a sexual offense with or against the child, pursuant to chapter 709 or section 726.2, or physical abuse as defined in section 232.2, subsection 47, or domestic abuse assault as defined in section 708.2A, against the child or another household member at a location or in a manner a reasonably prudent person would know the child could see, hear, or otherwise experience, the juvenile court may enter an ex parte order requiring the alleged sexual offender, physical abuser, or domestic abuser to vacate the child’s residence upon a showing that probable cause exists to believe that the sexual offense, physical abuse, or domestic abuse has occurred and that substantial evidence exists to believe that the presence of the alleged sexual offender, physical abuser, or domestic abuser in the child’s residence presents a danger to the child’s life or physical, emotional, or mental health.
2. If an order is entered under subsection 1 and a petition has not yet been filed under this chapter, the petition shall be filed under section 232.87 by the county attorney, the department of human services, or a juvenile court officer within three days of the entering of the order.
3. The juvenile court may order on its own motion, or shall order upon the request of the alleged sexual offender, physical abuser, or domestic abuser a hearing to determine whether the order to vacate the residence should be upheld, modified, or vacated. The hearing shall be held within thirty days of removal of the alleged sexual offender, physical abuser, or domestic abuser from the residence. The juvenile court may in any later child in need of assistance proceeding uphold, modify, or vacate the order to vacate the residence.
[82 Acts, ch 1209, §14]
83 Acts, ch 96, §157, 159; 83 Acts, ch 186, §10055, 10201; 86 Acts, ch 1186, §6; 90 Acts, ch 1251, §27; 2022 Acts, ch 1098, §30
Section amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.83 - Child sexual abuse involving a person not responsible for the care of the child.

232.83 Child sexual abuse involving a person not responsible for the care of the child.
1. A complaint related to circumstances involving a child who is alleged to be a victim of an offense defined in chapter 709, 726, or 728 and an alleged offender who is not a person responsible for the care of the child shall be handled pursuant to section 232.81.
2. Anyone authorized to conduct a preliminary investigation in response to a complaint may apply for, or the court on its own motion may enter, an ex parte order authorizing a physician or physician assistant or hospital to conduct an outpatient physical examination or authorizing a physician or physician assistant, a psychologist certified under section 154B.7, or a community mental health center accredited pursuant to chapter 230A to conduct an outpatient mental examination of a child if necessary to identify the nature, extent, and causes of any injuries, emotional damage, or other such needs of a child as specified in section 232.96A, subsection 3, 5, or 6, provided that all of the following apply:
a. The parent, guardian, or legal custodian is absent, or though present, was asked and refused to authorize the examination.
b. There is not enough time to file a petition and hold a hearing under this chapter.
c. The parent, guardian, or legal custodian has not provided care and treatment related to their child’s alleged victimization.
88 Acts, ch 1252, §2; 2022 Acts, ch 1066, §35; 2022 Acts, ch 1098, §77
Referred to in §709.13
See Code editor’s note on simple harmonization at the beginning of this Code volume
Subsection 2, unnumbered paragraph 1 amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.84 - Transfer of custody — notice to adult relatives.

232.84 Transfer of custody — notice to adult relatives.
1. For the purposes of this section, unless the context otherwise requires, “agency” means the department, juvenile court services, or a private agency.
2. Unless the custody of a child is transferred from one of the child’s parents to another parent of the child, within thirty days after the entry of an order under this chapter removing a child from the custody of a parent or parents of the child, the department shall exercise due diligence in identifying and providing notice to the child’s grandparents, aunts, uncles, adult siblings, parents of the child’s siblings, and adult relatives suggested by the child’s parents, subject to exceptions due to the presence of family or domestic violence.
3. The notice content shall include but is not limited to all of the following:
a. A statement that the child has been or is being removed from the custody of the child’s parent or parents.
b. An explanation of the options the relative has under federal, state, and other law to participate in the care and placement of the child on a temporary or permanent basis. The options addressed shall include but are not limited to assistance and support options, options for participating in legal proceedings, and any options that may be lost by failure to respond to the notice.
c. A description of the requirements for the relative to serve as a foster family home provider or other type of care provider for the child and the additional services, training, and other support available for children receiving such care.
d. Information concerning the option to apply for kinship guardianship assistance payments.
4. The agency may share information as necessary to explore a child’s potential placement with any adult relative who may receive notice pursuant to subsection 2.
5. If an adult relative entitled to notice pursuant to subsection 2 is later discovered by or identified to the department, the department shall provide notice to that relative within thirty days of that relative becoming known to the department.
2009 Acts, ch 120, §3; 2013 Acts, ch 50, §2; 2022 Acts, ch 1098, §31, 32
Subsection 2 amended
NEW subsections 4 and 5
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.87 - Filing of a child in need of assistance petition — contents of petition.

232.87 Filing of a child in need of assistance petition — contents of petition.
1. A formal judicial proceeding to determine whether a child is a child in need of assistance under this chapter shall be initiated by the filing of a petition alleging a child to be a child in need of assistance.
2. A petition may be filed by the department of human services, juvenile court officer, or county attorney.
3. The department, juvenile court officer, county attorney or judge may authorize the filing of a petition with the clerk of the court by any competent person having knowledge of the circumstances without the payment of a filing fee.
4. The petition shall be submitted in the form specified in section 232.36.
5. The petition shall contain the information specified in section 232.36 and a clear and concise summary of the facts which bring the child within the jurisdiction of the court under this subchapter.
[C79, 81, §232.87]
83 Acts, ch 96, §157, 159; 83 Acts, ch 186, §10055, 10201; 2020 Acts, ch 1062, §94
Referred to in §232.81, 232.82, 232.95, 232.98, 232D.204, 233.2
Section not amended; headnote revised
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.88 - Summons, notice, subpoenas, and service.

232.88 Summons, notice, subpoenas, and service.
After a petition has been filed, the court shall issue and serve summons, subpoenas, and other process in the same manner as for adjudicatory hearings in cases of juvenile delinquency as provided in section 232.37. Reasonable notice shall be provided to the persons required to be provided notice under section 232.37, except that notice shall be waived regarding a person who was notified of the adjudicatory hearing and who failed to appear. In addition, reasonable notice for any hearing under this subchapter shall be provided to the agency, facility, institution, or person, including a foster parent, relative, or other individual providing preadoptive care, with whom a child has been placed.
[SS15, §254-a16; C24, 27, 31, 35, 39, §3623; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §232.4; C79, 81, §232.88]
89 Acts, ch 229, §5; 95 Acts, ch 182, §3; 96 Acts, ch 1034, §10; 97 Acts, ch 164, §2; 2001 Acts, ch 135, §28; 2020 Acts, ch 1062, §94
Referred to in §232.91, 331.653
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 232 - JUVENILE JUSTICE › Section 232.90 - Duties of county attorney.

232.90 Duties of county attorney.
1. As used in this section, “state” means the general interest held by the people in the health, safety, welfare, and protection of all children living in this state.
2. The county attorney shall represent the state in proceedings arising from a petition filed under this subchapter and shall present evidence in support of the petition. The county attorney shall be present at proceedings initiated by petition under this subchapter filed by an intake officer or the county attorney, or if a party to the proceedings contests the proceedings, or if the court determines there is a conflict of interest between the child and the child’s parent, guardian, or custodian or if there are contested issues before the court.
3. If there is disagreement between the department and the county attorney regarding the appropriate action to be taken, the department may request that the state be represented by the attorney general in place of the county attorney. If the state is represented by the attorney general, the county attorney may continue to appear in the proceeding and may present the position of the county attorney regarding the appropriate action to be taken in the case.
4. The county attorney and the attorney general shall comply with the requirements of chapter 232B and the federal Indian Child Welfare Act, Pub. L. No. 95-608, when either chapter 232B or the federal Indian Child Welfare Act is determined to be applicable in any proceeding under this subchapter.
[C66, 71, 73, 75, 77, §232.29; C79, 81, §232.90]
87 Acts, ch 151, §1; 89 Acts, ch 230, §16; 2013 Acts, ch 113, §2; 2014 Acts, ch 1092, §51; 2020 Acts, ch 1062, §94