2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.104 - PERMANENCY HEARING.

        232.104  PERMANENCY HEARING.
         1. a.  The time for the initial permanency hearing for a child
      subject to out-of-home placement shall be the earlier of the
      following:
         (1)  For a temporary removal order entered under section 232.78,
      232.95, or 232.96, for a child who was removed without a court order
      under section 232.79, or for an order entered under section 232.102,
      for which the court has not waived reasonable efforts requirements,
      the permanency hearing shall be held within twelve months of the date
      the child was removed from the home.
         (2)  For an order entered under section 232.102, for which the
      court has waived reasonable efforts requirements under section
      232.102, subsection 12, the permanency hearing shall be held within
      thirty days of the date the requirements were waived.
         b.  The permanency hearing may be held concurrently with a
      hearing under section 232.103 to review, modify, substitute, vacate,
      or terminate a dispositional order.
         c.  Reasonable notice of a permanency hearing shall be
      provided to the parties.  A permanency hearing shall be conducted in
      substantial conformance with the provisions of section 232.99.
      During the hearing, the court shall consider the child's need for a
      secure and permanent placement in light of any permanency plan or
      evidence submitted to the court and the reasonable efforts made
      concerning the child.  Upon completion of the hearing, the court
      shall enter written findings and make a determination identifying a
      primary permanency goal for the child.  If a permanency plan is in
      effect at the time of the hearing, the court shall also make a
      determination as to whether reasonable progress is being made in
      achieving the permanency goal and complying with the other provisions
      of that permanency plan.
         2.  After a permanency hearing the court shall do one of the
      following:
         a.  Enter an order pursuant to section 232.102 to return the
      child to the child's home.
         b.  Enter an order pursuant to section 232.102 to continue
      placement of the child for an additional six months at which time the
      court shall hold a hearing to consider modification of its permanency
      order.  An order entered under this paragraph shall enumerate the
      specific factors, conditions, or expected behavioral changes which
      comprise the basis for the determination that the need for removal of
      the child from the child's home will no longer exist at the end of
      the additional six-month period.
         c.  Direct the county attorney or the attorney for the child
      to institute proceedings to terminate the parent-child relationship.

         d.  Enter an order, pursuant to findings required by
      subsection 3, to do one of the following:
         (1)  Transfer guardianship and custody of the child to a suitable
      person.
         (2)  Transfer sole custody of the child from one parent to another
      parent.
         (3)  Transfer custody of the child to a suitable person for the
      purpose of long-term care.
         (4)  If the department has documented to the court's satisfaction
      a compelling reason for determining that an order under the other
      subparagraphs of this paragraph would not be in the child's best
      interest, order another planned permanent living arrangement for the
      child.
         3.  Prior to entering a permanency order pursuant to subsection 2,
      paragraph "d", convincing evidence must exist showing that all of
      the following apply:
         a.  A termination of the parent-child relationship would not
      be in the best interest of the child.
         b.  Services were offered to the child's family to correct the
      situation which led to the child's removal from the home.
         c.  The child cannot be returned to the child's home.
         4.  Any permanency order may provide restrictions upon the contact
      between the child and the child's parent or parents, consistent with
      the best interest of the child.
         5.  With respect to a dispositional order providing for transfer
      of custody of a child and siblings to the department or other agency
      for placement for which the court has suspended or terminated sibling
      visitation or interaction, when a review is made under this section
      the court shall consider whether the visitation or interaction can be
      safely resumed and may modify the suspension or termination as
      appropriate.
         6.  Subsequent to the entry of a permanency order pursuant to this
      section, the child shall not be returned to the care, custody, or
      control of the child's parent or parents, over a formal objection
      filed by the child's attorney or guardian ad litem, unless the court
      finds by a preponderance of the evidence, that returning the child to
      such custody would be in the best interest of the child.
         7.  Following an initial permanency hearing and the entry of a
      permanency order which places a child in the custody or guardianship
      of another person or agency, the court shall retain jurisdiction and
      annually review the order to ascertain whether the best interest of
      the child is being served.  When the order places the child in the
      custody of the department for the purpose of long-term foster care
      placement in a facility, the review shall be in a hearing that shall
      not be waived or continued beyond twelve months after the initial
      permanency hearing or the last permanency review hearing.  Any
      modification shall be accomplished through a hearing procedure
      following reasonable notice.  During the hearing, all relevant and
      material evidence shall be admitted and procedural due process shall
      be provided to all parties.  
         Section History: Recent Form
         87 Acts, ch 159, §4; 89 Acts, ch 229, §6; 95 Acts, ch 182, §5; 98
      Acts, ch 1190, §18, 19; 2000 Acts, ch 1067, §11, 12; 2001 Acts, ch
      135, §21, 22; 2007 Acts, ch 67, §4; 2007 Acts, ch 172, §7
         Referred to in § 232.117

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