§ 600A.9 — Termination findings and order — vacation of order

Iowa § 600A.9

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 600A: TERMINATION OF PARENTAL RIGHTS

Text

1. Subsequent to the hearing on termination of parental rights under this chapter, the
juvenile court shall make a finding of facts and shall do one of the following:
a. Order the petition dismissed.
b. Order the petition granted. The juvenile court shall appoint a guardian and a custodian
or a guardian only. An order issued under this paragraph shall include the finding of facts.
Such finding shall specify the factual basis for terminating the parent-child relationship and
shall specify the ground or grounds upon which the termination is ordered.
2. a. If an order is issued under subsection 1, paragraph “b”, the juvenile court shall
retain jurisdiction to change a guardian or custodian and to allow a terminated parent or
any putative biological parent to request vacation or appeal of the termination order which
request must be made within thirty days of issuance of the granting of the order. The period
for request by a terminated parent or by a putative biological parent for vacation or appeal
shall not be waived or extended and a vacation or appeal shall not be granted after the
expiration of this period. The juvenile court shall grant the vacation request only if it is in
the best interest of the child. The supreme court shall prescribe rules to establish a period
of thirty days, which shall not be waived or extended, in which a terminated or putative
biological parent may request a vacation or appeal of a termination order.
b. If an order is issued under subsection 1, paragraph “b”, to terminate the parental
rights of a biological parent who indicated in the parent’s petition for termination of parental
rights the grounds for termination specified in section 600A.8, subsection 1, but an order
to terminate the parental rights of any other putative biological parent is not issued by the
court pursuant to subsection 1, paragraph “b”, nor has the other putative biological parent
consented to the adoption in lieu of termination of the parent’s parental rights, thereby
prohibiting the filing of an adoption petition pursuant to section 600.3, subsection 2, the
§600A.9, TERMINATION OF PARENTAL RIGHTS 12
court shall allow the parent for whom the court issued an order terminating parental rights
to request a vacation of the order within thirty days of issuance of the granting of the order.
The period for request by a terminated parent for vacation shall not be waived or extended
and a vacation shall not be granted after the expiration of this period. The juvenile court
shall grant the vacation request only if it is in the best interest of the child. The supreme
court shall prescribe rules to establish a period of thirty days, which shall not be waived or
extended, in which a terminated parent may request a vacation of a termination order under
this paragraph “b”.
3. If an order is issued under subsection 1, paragraph “b”, the juvenile court shall have
jurisdiction to allow an adoptive parent to request termination of the adoptive parent’s
parental rights and of the parent-child relationship based upon a showing that the adoption
was fraudulently induced and to request that the order issued under subsection 1, paragraph
“b”, be vacated. The juvenile court shall grant the termination and vacation requests only
after the parent whose rights have been terminated is given an opportunity to contest
the vacation of the termination order and only if the termination of the adoptive parent’s
parental rights and the vacation of the termination order are in the best interest of the child.
4. A copy of any order made under this section shall be sent by the clerk of the juvenile
court to:
a. The department.
b. The petitioner.
c. The parents whose rights have been terminated if they request such copies.
d. Any guardian, custodian, or guardian ad litem of the child.
e. The state registrar for the purposes of section 144.13A, subsection 2.

Legislative History

[S13, §254-a21; C24, 27, 31, 35, 39, §3638; C46, 50, 54, 58, 62, §232.22; C66, 71, 73, 75, §232.47 – 232.50; C77, 79, 81, §600A.9]