2016 Iowa Code
Title VI - HUMAN SERVICES
Chapter 232 - JUVENILE JUSTICE
Section 232.178 - Petition.

232.178

Petition.

1. For a placement initiated on or after July 1, 1992, the department shall file a petition to initiate a voluntary placement proceeding prior to the child’s placement in accordance with criteria established pursuant to the federal Adoption Assistance and Child Welfare Act of 1980, Pub. L. No. 96-272, as codified in 42 U.S.C. §627(a). For a placement initiated before July 1, 1992, the department shall file a petition to approve placement on or before September 1, 1992.

2. The petition and subsequent court documents shall be entitled “In the interests of ...................., a child”.

3. The petition shall state all of the following:

a. The names and residence of the child.

b. The names and residence of the child’s living parents, guardian, custodian, and guardian ad litem, if any.

c. The age of the child.

4. The petition shall describe all of the following:

a. The child’s emotional, physical, or intellectual disability which requires care and treatment.

b. The reasonable efforts to maintain the child in the child’s home.

c. The department’s request to the family of a child with an intellectual disability, other developmental disability, or organic mental illness to determine if any services or support provided to the family will enable the family to continue to care for the child in the child’s home.

d. The reason the child’s parent, guardian, or custodian has requested a foster family care placement.

e. The commitment of the parent, guardian, or custodian in fulfilling the responsibilities defined in the case permanency plan.

f. How the placement will serve the child’s best interests.

89 Acts, ch 169, §5; 92 Acts, ch 1229, §12; 99 Acts, ch 111, §2, 7; 2012 Acts, ch 1019, §88; 2014 Acts, ch 1026, §51; 2015 Acts, ch 30, §79

Subsections 3 and 4 amended