2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.111 - PETITION.

        232.111  PETITION.
         1.  A child's guardian, guardian ad litem, or custodian, the
      department of human services, a juvenile court officer, or the county
      attorney may file a petition for termination of the parent-child
      relationship and parental rights with respect to a child.
         2. a.  Unless any of the circumstances described in paragraph
      "b" exist, the county attorney shall file a petition for
      termination of the parent-child relationship and parental rights with
      respect to a child or if a petition has been filed, join in the
      petition, under any of the following circumstances:
         (1)  The child has been placed in foster care for fifteen months
      of the most recent twenty-two-month period.  The petition shall be
      filed by the end of the child's fifteenth month of foster care
      placement.
         (2)  A court has determined aggravated circumstances exist and has
      waived the requirement for making reasonable efforts under section
      232.102 because the court has found the circumstances described in
      section 232.116, subsection 1, paragraph "i", are applicable to
      the child.
         (3)  The child is less than twelve months of age and has been
      judicially determined to have been abandoned or the child is a
      newborn infant whose parent has voluntarily released custody of the
      child in accordance with chapter 233.
         (4)  The parent has been convicted of the murder or the voluntary
      manslaughter of another child of the parent.
         (5)  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.
         (6)  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.
         b.  If any of the following conditions exist, the county
      attorney is not required to file a petition or join in an existing
      petition as provided in paragraph "a":
         (1)  At the option of the department or by order of the court, the
      child is being cared for by a relative.
         (2)  The department or a state agency has documented in the
      child's case permanency plan provided or available to the court a
      compelling reason for determining that filing the petition would not
      be in the best interest of the child.  A compelling reason shall
      include but is not limited to documentation in the child's case
      permanency plan indicating it is reasonably likely the completion of
      the services being received in accordance with the permanency plan
      will eliminate the need for removal of the child or make it possible
      for the child to safely return to the family's home within six
      months.
         (3)  The department has not provided the child's family,
      consistent with the time frames outlined in the child's case
      permanency plan, with those services the state deems necessary for
      the safe return of the child to the child's home, and the limited
      extension of time necessary to complete the services is clearly
      documented in the case permanency plan.
         3.  The department, juvenile court officer, county attorney or
      judge may authorize any competent person having knowledge of the
      circumstances to file a termination petition with the clerk of the
      court without the payment of a filing fee.
         4.  A petition for termination of parental rights shall include
      the following:
         a.  The legal name, age, and domicile, if any, of the child.
         b.  The names, residences, and domicile of any:
         (1)  Living parents of the child.
         (2)  Guardian of the child.
         (3)  Custodian of the child.
         (4)  Guardian ad litem of the child.
         (5)  Petitioner.
         (6)  Person standing in the place of the parents of the child.
         c.  A plain statement of those facts and grounds specified in
      section 232.116 which indicate that the parent-child relationship
      should be terminated.
         d.  A plain statement explaining why the petitioner does not
      know any of the information required under paragraphs "a" and
      "b" of this subsection.
         e.  A complete list of the services which have been offered to
      preserve the family and a statement specifying the services provided
      to address the reasons stated in any order for removal or in any
      dispositional or permanency order which did not return the child to
      the child's home.
         f.  The signature and verification of the petitioner.  

        &nbsb>Section History: Early Form

         [C79, 81, § 232.111] 

         Section History: Recent Form

         83 Acts, ch 96, § 157, 159; 83 Acts, ch 186, § 10055, 10201; 95
      Acts, ch 147, § 6; 98 Acts, ch 1190, §20, 21; 2001 Acts, ch 67, §8,
      13; 2001 Acts, ch 135, §25; 2002 Acts, ch 1050, §23
         Referred to in § 232.2, 232.112, 233.2