2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.108 - VISITATION OR ONGOING INTERACTION WITH SIBLINGS.

        232.108  VISITATION OR ONGOING INTERACTION WITH
      SIBLINGS.
         1.  If the court orders the transfer of custody of a child and
      siblings to the department or other agency for placement under this
      division, under division II, relating to juvenile delinquency
      proceedings, or under any other provision of this chapter, the
      department or other agency shall make a reasonable effort to place
      the child and siblings together in the same placement.  The
      requirement of this subsection remains applicable to custody transfer
      orders made at separate times and applies in addition to efforts made
      by the department or agency to place the child with a relative.
         2.  If the requirements of subsection 1 apply but the siblings are
      not placed in the same placement together, the department or other
      agency shall provide the siblings with the reasons why and the
      efforts being made to facilitate such placement, or why making
      efforts for such placement is not appropriate.  Unless visitation or
      ongoing interaction with siblings is suspended or terminated by the
      court, the department or agency shall make reasonable effort to
      provide for frequent visitation or other ongoing interaction between
      the child and the child's siblings from the time of the child's
      out-of-home placement until the child returns home or is in a
      permanent placement.
         3.  A person who wishes to assert a sibling relationship with a
      child who is subject to an order under this chapter for an
      out-of-home placement and to request frequent visitation or other
      ongoing interaction with the child may file a petition with the court
      with jurisdiction over the child.  Unless the court determines it
      would not be in the child's best interest, upon finding that the
      person is a sibling of the child, the provisions of this section
      providing for frequent visitation or other ongoing interaction
      between the siblings shall apply.  Nothing in this section is
      intended to provide or expand a right to counsel under this chapter
      beyond the right provided and persons specified in sections 232.89
      and 232.113.
         4.  If the court determines by clear and convincing evidence that
      visitation or other ongoing interaction between a child and the
      child's siblings would be detrimental to the well-being of the child
      or a sibling, the court shall order the visitation or interaction to
      be suspended or terminated.  The reasons for the determination shall
      be noted in the court order suspending or terminating the visitation
      or interaction and shall be explained to the child and the child's
      siblings, and to the parent, guardian, or custodian of the child.
         5.  The case permanency plan of a child who is subject to this
      section shall comply with all of the following, as applicable:
         a.  The plan shall document the efforts being made to provide
      for the child's frequent visitation or other ongoing interaction with
      the child's siblings from the time of the child's out-of-home
      placement until the child returns home or is in a permanent
      placement.  The child's parent, guardian, or custodian may comment on
      the efforts as documented in the case permanency plan.
         b.  If at any point the court determines that the child's
      visitation or interaction with siblings would be detrimental to the
      child's well-being and visitation or interaction with siblings is
      suspended or terminated by the court, the determination shall be
      noted in the case permanency plan.  If the court lifts the suspension
      or termination, the case permanency plan shall be revised to document
      the efforts to provide for visitation or interaction as required
      under paragraph "a".
         c.  If one or more of the child's siblings are also subject to
      an order under this chapter for an out-of-home placement and the
      siblings are not placed in the same placement together, the plan
      shall document the reasons why and the efforts being made to
      facilitate such placement, or why making efforts for such placement
      is not appropriate.
         6.  If an order is entered for termination of parental rights of a
      child who is subject to this section, unless the court has suspended
      or terminated sibling visitation or interaction in accordance with
      this section, the department or child-placing agency shall do all of
      the following to facilitate frequent visitation or ongoing
      interaction between the child and siblings when the child is adopted
      or enters a permanent placement:
         a.  Include in the training provided to prospective adoptive
      parents information regarding the importance of sibling relationships
      to an adopted child and counseling methods for maintaining sibling
      relationships.
         b.  Provide prospective adoptive parents with information
      regarding the child's siblings.  The address of a sibling's residence
      shall not be disclosed in the information unless authorized by court
      order for good cause shown.
         c.  Encourage prospective adoptive parents to plan for
      facilitating postadoption contact between the child and the child's
      siblings.
         7.  Any information regarding court-ordered or authorized sibling
      visitation, interaction, or contact shall be provided to the foster
      parent, relative caretaker, guardian, prospective adoptive parent,
      and child as soon as reasonably possible following the entry of the
      court order or authorization as necessary to facilitate the
      visitation or interaction.  

         2007 Acts, ch 67, §5
         Referred to in § 232.2, 238.18