§ 232.37 — Summons, notice, subpoenas, and service — order for removal

Iowa § 232.37

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

Text

1. After a petition has been filed the court shall set a time for an adjudicatory hearing and,
unless the parties named in subsection 2 voluntarily appear, shall issue a summons requiring
the child to appear before the court at a time and place stated and requiring the person who
has custody or control of the child to appear before the court and to bring the child with the
personatthattime. Thesummonsshallattachacopyofthepetitionandshallgivenotification
of the right to counsel provided for in section 232.11.
2. Notice of the pendency of the case shall be served upon the known parents, guardians,
orcustodiansofachildifthesepersonsarenotsummonedtoappearasprovidedinsubsection
1. Notice shall also be served upon the child and upon the child’s guardian ad litem, if any.
The notice shall attach a copy of the petition and shall give notification of the right to counsel
provided for in section 232.11.
3. Upon request of the child who is identified in the petition as a party to the proceeding,
the child’s parent, guardian, or custodian; or a county attorney; or on the court’s own
motion, the court or the clerk of the court shall issue subpoenas requiring the attendance
and testimony of witnesses and production of papers at any hearing under this subchapter.
4. Service of summons or notice shall be made personally by the sheriff by delivering
a copy of the summons or notice to the person being served. If the court determines that
personal service of a summons or notice is impracticable, the court may order service by
certified mail addressed to the last known address, by publication, or by electronic mail or
other electronic means with the consent of the party to be served. Service of summons or
notice shall be made not less than five days before the time fixed for hearing. Service of
summons, notice, subpoenas or other process, after an initial valid summons or notice, shall
be made in accordance with the rules of the court governing such service in civil actions.
5. If a person personally served with a summons or subpoena fails without reasonable
cause to appear or to bring the child, the person may be proceeded against for contempt of
court or the court may issue an order for the arrest of such person or both the arrest of the
person and the taking into custody of the child.
6. The court may issue an order for the removal of the child from the custody of the
child’s parent, guardian, or custodian when there exists an immediate threat that the parent,

guardian, or custodian will flee the state with the child, or when it appears that the child’s
immediate removal is necessary to avoid imminent danger to the child’s life or health.

Legislative History

[SS15, 254-a16; C24, 27, 31, 35, 39, §3623 – 3628, 3630; C46, 50, 54, 58, 62, §232.7 – 232.12, 232.14; C66, 71, 73, 75, 77, §232.4 – 232.10; C79, 81, §232.37]