This text of Iowa § 232.158A (Legal risk placement) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.Notwithstanding any provision of the interstate compact on the placement of children
under section 232.158 to the contrary, the department shall permit the legal risk placement of
a child under the interstate compact on the placement of children if the prospective adoptive
parent provides a legal risk statement, in writing, acknowledging all of the following:
a.That the placement is a legal risk placement.
b.Thatthecourtofthepartystateofthesendingagencyretainsjurisdictionoverthechild
for purposes of the termination of the parental rights of the biological parents.
c.That if termination of parental rights cannot be accomplished in accordance with
applicable laws, the child shall be promptly returned to the party state of the sending agency
to be returned to the child’s biological pare
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1. Notwithstanding any provision of the interstate compact on the placement of children
under section 232.158 to the contrary, the department shall permit the legal risk placement of
a child under the interstate compact on the placement of children if the prospective adoptive
parent provides a legal risk statement, in writing, acknowledging all of the following:
a. That the placement is a legal risk placement.
b. Thatthecourtofthepartystateofthesendingagencyretainsjurisdictionoverthechild
for purposes of the termination of the parental rights of the biological parents.
c. That if termination of parental rights cannot be accomplished in accordance with
applicable laws, the child shall be promptly returned to the party state of the sending agency
to be returned to the child’s biological parent or placed as deemed appropriate by a court of
the party state of the sending agency.
d. That the prospective adoptive parent assumes full legal, financial, and other risks
associated with the legal risk placement and that the prospective adoptive parent agrees to
hold the department harmless for any disruption or failure of the placement.
e. That the prospective adoptive parent shall provide support and medical and other
appropriate care to the child pending the termination of parental rights of the biological
parents and shall assume liability for all costs associated with the return of the child to the
party state of the sending agency if the placement is disrupted or fails.
2. Any written legal risk statement utilized in establishing a legal risk placement shall,
at a minimum, state all of the information required under subsection 1, shall be signed by
any prospective adoptive parent, and shall be notarized. The legal risk statement shall also
contain the following notice printed in clearly legible type:
If termination of parental rights is not accomplished and return
of the child to the biological parent is required, the prospective
adoptive parents are encouraged to seek mental health counseling
to address any resulting psychological or family problems.
3. For the purposes of this section, “legal risk placement” means the placement of a child,
who is to be adopted, with a prospective adoptive parent prior to the termination of parental
rights of the biological parents, under which the prospective adoptive parent assumes the
risk that if the parental rights of the biological parents are not terminated the child shall be
returned to the biological parents or placed as deemed appropriate by a court of the party
state of the sending agency, and under which the prospective adoptive parent assumes other
risks and liabilities specified in a written agreement.