2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.117 - TERMINATION -- FINDINGS -- DISPOSITION.

        232.117  TERMINATION -- FINDINGS -- DISPOSITION.
         1.  After the hearing is concluded the court shall make and file
      written findings.
         2.  If the court concludes that facts sufficient to terminate
      parental rights have not been established by clear and convincing
      evidence, the court shall dismiss the petition.
         3.  If the court concludes that facts sufficient to sustain the
      petition have been established by clear and convincing evidence, the
      court may order parental rights terminated.  If the court terminates
      the parental rights of the child's parents, the court shall transfer
      the guardianship and custody of the child to one of the following:
         a.  The department of human services.
         b.  A child-placing agency or other suitable private agency,
      facility or institution which is licensed or otherwise authorized by
      law to receive and provide care for the child.
         c.  A parent who does not have physical care of the child,
      other relative, or other suitable person.
         4.  The court shall not order group foster care placement of the
      child which is a charge upon the state if that placement is not in
      accordance with the service area plan for group foster care
      established pursuant to section 232.143 for the departmental service
      area in which the court is located.
         5.  If after a hearing the court does not order the termination of
      parental rights but finds that there is clear and convincing evidence
      that the child is a child in need of assistance, under section 232.2,
      subsection 6, due to the acts or omissions of one or both of the
      child's parents the court may adjudicate the child to be a child in
      need of assistance and may enter an order in accordance with the
      provisions of section 232.100, 232.101, 232.102, or 232.104.
         6.  If the court orders the termination of parental rights and
      transfers guardianship and custody under subsection 3, the guardian
      shall submit a case permanency plan to the court and shall make every
      effort to establish a stable placement for the child by adoption or
      other permanent placement.  Within forty-five days of receipt of the
      termination order, and every forty-five days thereafter until the
      court determines such reports are no longer necessary, the guardian
      shall report to the court regarding efforts made to place the child
      for adoption or providing the rationale as to why adoption would not
      be in the child's best interest.
         7.  The guardian of each child whose guardianship and custody has
      been transferred under subsection 3 and who has not been placed for
      adoption shall file a written report with the court every six months
      concerning the child's placement.  The court shall hold a hearing to
      review the placement at intervals not to exceed six months after the
      date of the termination of parental rights or the last placement
      review hearing.
         8.  The guardian of each child whose guardianship and custody has
      been transferred under subsection 3 and who has been placed for
      adoption and whose adoption has not been finalized shall file a
      written report with the court every six months concerning the child's
      placement.  The court shall hold a hearing to review the placement at
      intervals not to exceed twelve months after the date of the adoptive
      placement or the last placement review hearing.
         9.  Hearings held under this division are open to the public
      unless the court, on the motion of any of the parties or upon the
      court's own motion, excludes the public.  The court shall exclude the
      public from a hearing if the court determines that the possibility of
      damage or harm to the child outweighs the public's interest in having
      a public hearing.  Upon closing the hearing, the court may admit
      persons who have a direct interest in the case or in the work of the
      court.
         10.  If a termination of parental rights order is issued on the
      grounds that the child is a newborn infant whose parent has
      voluntarily released custody of the child under section 232.116,
      subsection 1, paragraph "c", the court shall retain jurisdiction
      to change a guardian or custodian and to allow a parent whose rights
      have been terminated to request vacation or appeal of the termination
      order which request must be made within thirty days of issuance of
      the granting of the termination order.  The period for request for
      vacation or appeal by a parent whose rights have been terminated
      shall not be waived or extended and a vacation or appeal shall not be
      granted for a request made after the expiration of this period.  The
      court shall grant the vacation request only if it is in the best
      interest of the child.  The supreme court shall prescribe rules to
      establish the period of thirty days, which shall not be waived or
      extended, in which a parent whose parental rights have been
      terminated may request a vacation or appeal of such a termination
      order.  

         Section History: Early Form

         [C79, § 232.115; C81, § 232.117] 

         Section History: Recent Form

         83 Acts, ch 96, § 157, 159; 84 Acts, ch 1279, § 21; 87 Acts, ch
      159, § 5, 7; 89 Acts, ch 229, § 13; 89 Acts, ch 230, § 19; 92 Acts,
      ch 1229, § 6; 94 Acts, ch 1046, §3; 98 Acts, ch 1190, §24, 25; 2001
      Acts, ch 67, §10, 13; 2004 Acts, ch 1116, §11
         Referred to in § 232.116, 232.118, 232.119, 232.133, 237.20