2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.102 - TRANSFER OF LEGAL CUSTODY OF CHILD AND PLACEMENT.

        232.102  TRANSFER OF LEGAL CUSTODY OF CHILD AND
      PLACEMENT.
         1. a.  After a dispositional hearing the court may enter an
      order transferring the legal custody of the child to one of the
      following for purposes of placement:
         (1)  A parent who does not have physical care of the child, other
      relative, or other suitable person.
         (2)  A child-placing agency or other suitable private agency,
      facility, or institution which is licensed or otherwise authorized by
      law to receive and provide care for the child.
         (3)  The department of human services.
         b.  If the child is sixteen years of age or older, 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 written transition plan and needs assessment
      shall be developed and submitted for the court'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 when the child
      becomes an adult 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.
         1A.  The court shall not order group foster care placement of the
      child which is a charge upon the state if that placement is not in
      accordance with the service area plan for group foster care
      established pursuant to section 232.143 for the departmental service
      area in which the court is located.
         2.  After a dispositional hearing and upon the request of the
      department, the court may enter an order appointing the department as
      the guardian of an unaccompanied refugee child or of a child without
      parent or guardian.
         3.  After a dispositional hearing and upon written findings of
      fact based upon evidence in the record that an alternative placement
      set forth in subsection 1, paragraph "a", subparagraph (1), has
      previously been made and is not appropriate the court may enter an
      order transferring the guardianship of the child for the purposes of
      subsection 8, to the director of human services for the purposes of
      placement in the Iowa juvenile home at Toledo.
         4. a.  Upon receipt of an application from the director of the
      department of human services, the court shall enter an order to
      temporarily transfer a child who has been placed in the Iowa juvenile
      home at Toledo pursuant to subsection 3, to a facility which has been
      designated to be an alternative placement site for the juvenile home,
      provided the court finds that all of the following conditions exist:
         (1)  There is insufficient time to file a motion and hold a
      hearing for a new dispositional order under section 232.103.
         (2)  Immediate removal of the child from the juvenile home is
      necessary to safeguard the child's physical or emotional health.
         (3)  That reasonable attempts to notify the parents, guardian ad
      litem, and attorney for the child have been made.
         b.  If the court finds the conditions in paragraph "a"
      exist and there is insufficient time to provide notice as required
      under rule of juvenile procedure 8.12, the court may enter an ex
      parte order temporarily transferring the child to the alternative
      placement site.
         c.  Within three days of the child's transfer, the director
      shall file a motion for a new dispositional order under section
      232.103 and the court shall hold a hearing concerning the motion
      within fourteen days of the child's transfer.
         5. a.  Whenever possible the court should permit the child to
      remain at home with the child's parent, guardian, or custodian.
      Custody of the child should not be transferred unless the court finds
      there is clear and convincing evidence that:
         (1)  The child cannot be protected from physical abuse without
      transfer of custody; or
         (2)  The child cannot be protected from some harm which would
      justify the adjudication of the child as a child in need of
      assistance and an adequate placement is available.
         b.  In order to transfer custody of the child under this
      subsection, the court must make a determination that continuation of
      the child in the child's home would be contrary to the welfare of the
      child, and shall identify the reasonable efforts that have been made.
      The court's determination regarding continuation of the child in the
      child's home, and regarding reasonable efforts, including those made
      to prevent removal and those made to finalize any permanency plan in
      effect, as well as any determination by the court that reasonable
      efforts are not required, must be made on a case-by-case basis.  The
      grounds for each determination must be explicitly documented and
      stated in the court order.  However, preserving the safety of the
      child is the paramount consideration.  If imminent danger to the
      child's life or health exists at the time of the court's
      consideration, the determinations otherwise required under this
      paragraph shall not be a prerequisite for an order for removal of the
      child.  If the court transfers custody of the child, unless the court
      waives the requirement for making reasonable efforts or otherwise
      makes a determination that reasonable efforts are not required,
      reasonable efforts shall be made to make it possible for the child to
      safely return to the family's home.
         6.  The child shall not be placed in the state training school.
         7.  In any order transferring custody to the department or an
      agency, or in orders pursuant to a custody order, the court shall
      specify the nature and category of disposition which will serve the
      best interests of the child, and shall prescribe the means by which
      the placement shall be monitored by the court.  If the court orders
      the transfer of the custody of the child to the department of human
      services or other agency for placement, the department or agency
      shall submit a case permanency plan to the court and shall make every
      reasonable effort to return the child to the child's home as quickly
      as possible consistent with the best interests of the child.  When
      the child is not returned to the child's home and if the child has
      been previously placed in a licensed foster care facility, the
      department or agency shall consider placing the child in the same
      licensed foster care facility.  If the court orders the transfer of
      custody to a parent who does not have physical care of the child,
      other relative, or other suitable person, the court may direct the
      department or other agency to provide services to the child's parent,
      guardian, or custodian in order to enable them to resume custody of
      the child.  If the court orders the transfer of custody to the
      department of human services or to another agency for placement in
      group foster care, the department or agency shall make every
      reasonable effort to place the child in the least restrictive, most
      family-like, and most appropriate setting available, and in close
      proximity to the parents' home, consistent with the child's best
      interests and special needs, and shall consider the placement's
      proximity to the school in which the child is enrolled at the time of
      placement.
         8.  Any order transferring custody to the department or an agency
      shall include a statement informing the child's parent that the
      consequences of a permanent removal may include the termination of
      the parent's rights with respect to the child.
         9.  An agency, facility, institution, or person to whom custody of
      the child has been transferred pursuant to this section shall file a
      written report with the court at least every six months concerning
      the status and progress of the child.  The court shall hold a
      periodic dispositional review hearing for each child in placement
      pursuant to this section in order to determine whether the child
      should be returned home, an extension of the placement should be
      made, a permanency hearing should be held, or a termination of the
      parent-child relationship proceeding should be instituted.  The
      placement shall be terminated and the child returned to the child's
      home if the court finds by a preponderance of the evidence that the
      child will not suffer harm in the manner specified in section 232.2,
      subsection 6.  If the placement is extended, the court shall
      determine whether additional services are necessary to facilitate the
      return of the child to the child's home, and if the court determines
      such services are needed, the court shall order the provision of such
      services.  When the child is not returned to the child's home and if
      the child has been previously placed in a licensed foster care
      facility, the department or agency responsible for the placement of
      the child shall consider placing the child in the same licensed
      foster care facility.
         a.  The initial dispositional review hearing shall not be
      waived or continued beyond six months after the date of the
      dispositional hearing.
         b.  Subsequent dispositional review hearings shall not be
      waived or continued beyond twelve months after the date of the most
      recent dispositional review hearing.
         c.  For purposes of this subsection, a hearing held pursuant
      to section 232.103 satisfies the requirements for initial
      dispositional review or subsequent permanency hearing.
         10. a.  As used in this division, "reasonable efforts"
      means the efforts made to preserve and unify a family prior to the
      out-of-home placement of a child in foster care or to eliminate the
      need for removal of the child or make it possible for the child to
      safely return to the family's home.  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 returning the child to the family's home is
      not appropriate or not possible, reasonable efforts shall include the
      efforts made in a timely manner to finalize a permanency plan for the
      child.  A child's health and safety shall be the paramount concern in
      making reasonable efforts.  Reasonable efforts may include but are
      not limited to family-centered services, if the child's safety in the
      home can be maintained during the time the services are provided.  In
      determining whether reasonable efforts have been made, the court
      shall consider both of the following:
         (1)  The type, duration, and intensity of services or support
      offered or provided to the child and the child's family.  If
      family-centered services were not provided, the court record shall
      enumerate the reasons the services were not provided, including but
      not limited to whether the services were not available, not accepted
      by the child's family, judged to be unable to protect the child and
      the child's family during the time the services would have been
      provided, judged to be unlikely to be successful in resolving the
      problems which would lead to removal of the child, or other services
      were found to be more appropriate.
         (2)  The relative risk to the child of remaining in the child's
      home versus removal of the child.
         b.  As used in this section, "family-centered services"
      means services and other support intended to safely maintain a child
      with the child's family or with a relative, to safely and in a timely
      manner return a child to the home of the child's parent or relative,
      or to promote achievement of concurrent planning goals by identifying
      and helping the child secure placement for adoption, with a guardian,
      or with other alternative permanent family connections.
      Family-centered services are adapted to the individual needs of a
      family in regard to the specific services and other support provided
      to the child's family and the intensity and duration of service
      delivery.  Family-centered services are intended to preserve a
      child's connections to the child's neighborhood, community, and
      family and to improve the overall capacity of the child's family to
      provide for the needs of the children in the family.
         11.  The performance of reasonable efforts to place a child for
      adoption or with a guardian may be made concurrently with making
      reasonable efforts as defined in this section.
         12.  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 or involuntarily terminated by an order of a court of
      competent jurisdiction in another state 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 of the parent.
         e.  The parent has been convicted of the voluntary
      manslaughter of another child of the parent.
         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 of the parent.
         g.  The parent has been convicted of a felony assault which
      resulted in serious bodily injury of the child or of another child of
      the parent.
         13.  Unless prohibited by the court order transferring custody of
      the child for placement or other court order or the department or
      agency that received the custody transfer finds that allowing the
      visitation would not be in the child's best interest, the department
      or agency may authorize reasonable visitation with the child by the
      child's grandparent, great-grandparent, or other adult relative who
      has established a substantial relationship with the child.  

         Section History: Early Form

         [S13, § 254-a20, -a23, 2708, 2709; C24, 27, 31, 35, 39, § 3637,
      3646, 3647; C46, 50, 54, 58, 62, § 232.21, 232.27, 232.28; C66, 71,
      73, 75, 77, § 232.33; C79, 81, § 232.102; 81 Acts, ch 11, § 17; 82
      Acts, ch 1260, § 23] 

         Section History: Recent Form

         83 Acts, ch 96, § 157, 159; 84 Acts, ch 1279, § 16--18; 85 Acts,
      ch 173, §13; 87 Acts, ch 159, §3; 88 Acts, ch 1134, §52; 88 Acts, ch
      1249, §14; 90 Acts, ch 1239, § 10, 11; 91 Acts, ch 232, §7, 8; 92
      Acts, ch 1229, § 5; 92 Acts, 1st Ex, ch 1004, § 2; 95 Acts, ch 67, §
      16; 97 Acts, ch 99, § 5; 98 Acts, ch 1190, §11--17; 2000 Acts, ch
      1067, §10; 2001 Acts, ch 24, §40; 2001 Acts, ch 135, §17--19; 2002
      Acts, ch 1081, §3; 2003 Acts, ch 117, §5; 2004 Acts, ch 1116, §8--10;
      2007 Acts, ch 172, §6, 9; 2007 Acts, ch 218, §114; 2008 Acts, ch
      1098, §1; 2009 Acts, ch 41, §263
         Referred to in § 225C.49, 232.2, 232.95, 232.96, 232.99, 232.103,
      232.104, 232.111, 232.116, 232.117, 232.127, 232.182, 232.189,
      232B.5, 233.2, 234.6, 234.35
         Copy of dispositional order under subsection 9 to be submitted to
      foster care review boards; 84 Acts, ch 1279, § 42
         Limitation on placing child in mental health institute; 86 Acts,
      ch 1246, § 305