2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.103 - TERMINATION, MODIFICATION, VACATION AND SUBSTITUTION OF DISPOSITIONAL ORDER.

        232.103  TERMINATION, MODIFICATION, VACATION AND
      SUBSTITUTION OF DISPOSITIONAL ORDER.
         1.  At any time prior to expiration of a dispositional order and
      upon the motion of an authorized party or upon its own motion as
      provided in this section, the court may terminate the order and
      discharge the child, modify the order, or vacate the order and make a
      new order.
         2.  The following persons shall be authorized to file a motion to
      terminate, modify or vacate and substitute a dispositional order:
         a.  The child.
         b.  The child's parent, guardian or custodian, except that
      such motion may be filed by that person not more often than once
      every six months except with leave of court for good cause shown.
         c.  The child's guardian ad litem.
         d.  A person supervising the child pursuant to a dispositional
      order.
         e.  An agency, facility, institution or person to whom legal
      custody has been transferred pursuant to a dispositional order.
         f.  The county attorney.
         3.  A change in the level of care for a child who is subject to a
      dispositional order for out-of-home placement requires modification
      of the dispositional order.  A hearing shall be held on a motion to
      terminate or modify a dispositional order except that a hearing on a
      motion to terminate or modify an order may be waived upon agreement
      by all parties.  Reasonable notice of the hearing shall be given to
      the parties.  The hearing shall be conducted in accordance with the
      provisions of section 232.50.
         4.  The court may modify a dispositional order, vacate and
      substitute a dispositional order, or terminate a dispositional order
      and release the child if the court finds that any of the following
      circumstances exist:
         a.  The purposes of the order have been accomplished and the
      child is no longer in need of supervision, care, or treatment.
         b.  The purposes of the order cannot reasonably be
      accomplished.
         c.  The efforts made to effect the purposes of the order have
      been unsuccessful and other options to effect the purposes of the
      order are not available.
         d.  The purposes of the order have been sufficiently
      accomplished and the continuation of supervision, care, or treatment
      is unjustified or unwarranted.
         5.  The court may modify or vacate an order for good cause shown
      provided that where the request to modify or vacate is based on the
      child's alleged failure to comply with the conditions or terms of the
      order, the court may modify or vacate the order only if it finds that
      there is clear and convincing evidence that the child violated a
      material and reasonable condition or term of the order.
         6.  If the court vacates the order it may make any other order in
      accordance with and subject to the provisions of sections 232.100 to
      232.102.
         7.  With respect to a temporary transfer order made pursuant to
      section 232.102, subsection 4, if the court finds that removal of a
      child from the Iowa juvenile home is necessary to safeguard the
      child's physical or emotional health and is in the best interests of
      the child, the court shall grant the director's motion for a new
      dispositional order to place the child in a facility which has been
      designated to be an alternative placement site for the juvenile home.
      

         Section History: Early Form

         [C79, 81, § 232.103] 

         Section History: Recent Form

         90 Acts, ch 1239, §12; 2001 Acts, ch 135, §20; 2003 Acts, ch 117,
      §6; 2004 Acts, ch 1154, §1, 2
         Referred to in § 232.2, 232.99, 232.102, 232.104