§ 232.127 — Hearing — adjudication — disposition

Iowa § 232.127

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 232: JUVENILE JUSTICE

Text

1. Upon the filing of a petition, the court shall fix a time for a hearing and give notice
thereof to the child and the child’s parent, guardian, or custodian.
2. A parent without custody may petition the court to be made a party to proceedings
under this subchapter.
3. The court shall exclude the general public from such hearing except the court in its
discretion may admit persons having a legitimate interest in the case or the work of the court.
4. The hearing shall be informal and all relevant and material evidence shall be admitted.
5. The court may adjudicate the family to be a family in need of assistance and enter an
appropriate dispositional order if the court finds all of the following:
a. There has been a breakdown in the relationship between the child and the child’s
parent, guardian, or custodian.
b. The child or the child’s parent, guardian, or custodian has sought services from public
or private agencies to maintain and improve the familial relationship.
c. The court has at its disposal services for this purpose which can be made available to
the family.
6. If the court makes such a finding the court may order any or all of the parties to accept
counselingandtocomplywithanyotherreasonableordersdesignedtomaintainandimprove
the familial relationship. At the conclusion of any counseling ordered by the court, or at any
other time deemed necessary, the parties shall be required to meet together and be apprised
of the findings and recommendations of such counseling. Such an order shall remain in force
for a period not to exceed one year unless the court otherwise specifies or sooner terminates
the order.
7. The court may not order the child placed on probation, in a foster home or in a
nonsecure facility unless the child requests and agrees to such supervision or placement. In
no event shall the court order the child placed in the state training school or other secure
facility.
8. The court shall not order group foster care placement of the child which is a charge
upon the state unless the group foster care meets requirements as established by the
department by rule.
9. Achildfoundincontemptofcourtbecauseofviolationofconditionsimposedunderthis
section shall not be considered delinquent. Such a contempt may be punished by imposition
of a work assignment or assignments to benefit the state or a governmental subdivision of the
state. In addition to or in lieu of such an assignment or assignments, the court may impose
one of the dispositions set out in sections 232.100 through 232.102.
10. Ifthechildisfourteenyearsofageorolderandanorderforanout-of-homeplacement
is entered, the order shall specify the services needed to assist the child in preparing for
the transition from foster care to adulthood. If the child has a case permanency plan, the
court shall consider the written transition plan of services and needs assessment developed
for the child’s case permanency plan. If the child does not have a case permanency plan
containing the transition plan and needs assessment at the time the order is entered, the
writtentransitionplanandneedsassessmentshallbedevelopedandsubmittedforthecourt’s
consideration no later than six months from the date of the transfer order. The court shall

modify the initial transfer order as necessary to specify the services needed to assist the
child in preparing for the transition from foster care to adulthood. If the transition plan
identifies services or other support needed to assist the child in transitioning from foster care
to adulthood and the court deems it to be beneficial to the child, the court may authorize
the individual who is the child’s guardian ad litem or court appointed special advocate to
continue a relationship with and provide advice to the child for a period of time beyond the
child’s eighteenth birthday.
11. If after hearing pursuant to this section, the court finds, by clear and convincing
evidence, that no remedy is available that would result in strengthening or maintaining
the familial relationship, the court may order the minor emancipated pursuant to section
232C.3, subsection 4.

Legislative History

[C79, 81, §232.127; 82 Acts, ch 1260, §24]