2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.127 - HEARING -- ADJUDICATION -- DISPOSITION.

        232.127  HEARING -- ADJUDICATION -- DISPOSITION.
         1.  Upon the filing of a petition, the court shall fix a time for
      a hearing and give notice thereof to the child and the child's
      parent, guardian or custodian.
         2.  A parent without custody may petition the court to be made a
      party to proceedings under this division.
         3.  The court shall exclude the general public from such hearing
      except the court in its discretion may admit persons having a
      legitimate interest in the case or the work of the court.
         4.  The hearing shall be informal and all relevant and material
      evidence shall be admitted.
         5.  The court may adjudicate the family to be a family in need of
      assistance and enter an appropriate dispositional order if the court
      finds:
         a.  There has been a breakdown in the relationship between the
      child and the child's parent, guardian or custodian; and
         b.  The child or the child's parent, guardian or custodian has
      sought services from public or private agencies to maintain and
      improve the familial relationship; and
         c.  The court has at its disposal services for this purpose
      which can be made available to the family.
         6.  If the court makes such a finding the court may order any or
      all of the parties to accept counseling and to comply with any other
      reasonable orders designed to maintain and improve the familial
      relationship.  At the conclusion of any counseling ordered by the
      court, or at any other time deemed necessary, the parties shall be
      required to meet together and be apprised of the findings and
      recommendations of such counseling.  Such an order shall remain in
      force for a period not to exceed one year unless the court otherwise
      specifies or sooner terminates the order.
         7.  The court may not order the child placed on probation, in a
      foster home or in a nonsecure facility unless the child requests and
      agrees to such supervision or placement.  In no event shall the court
      order the child placed in the state training school or other secure
      facility.
         8.  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.
         9.  A child found in contempt of court because of violation of
      conditions imposed under this section shall not be considered
      delinquent.  Such a contempt may be punished by imposition of a work
      assignment or assignments to benefit the state or a governmental
      subdivision of the state.  In addition to or in lieu of such an
      assignment or assignments, the court may impose one of the
      dispositions set out in sections 232.100 to 232.102.
         10.  If the child is sixteen years of age or older and an order
      for an out-of-home placement is entered, the order shall specify the
      services needed to assist the child in preparing for the transition
      from foster care to adulthood.  If the child has a case permanency
      plan, the court shall consider the written transition plan of
      services and needs assessment developed for the child's case
      permanency plan.  If the child does not have a case permanency plan
      containing the transition plan and needs assessment at the time the
      order is entered, the written transition plan and needs assessment
      shall be developed and submitted for the court's consideration no
      later than six months from the date of the transfer order.  The court
      shall modify the initial transfer order as necessary to specify the
      services needed to assist the child in preparing for the transition
      from foster care to adulthood.  If the transition plan identifies
      services or other support needed to assist the child when the child
      becomes an adult and the court deems it to be beneficial to the
      child, the court may authorize the individual who is the child's
      guardian ad litem or court appointed special advocate to continue a
      relationship with and provide advice to the child for a period of
      time beyond the child's eighteenth birthday.
         11.  If after hearing pursuant to this section, the court finds,
      by clear and convincing evidence, that no remedy is available that
      would result in strengthening or maintaining the familial
      relationship, the court may order the minor emancipated pursuant to
      section 232C.3, subsection 4.  

         Section History: Early Form

         [C79, 81, § 232.127; 82 Acts, ch 1260, § 24] 

         Section History: Recent Form

         92 Acts, ch 1229, § 7; 2003 Acts, ch 117, §7; 2004 Acts, ch 1116,
      §12; 2009 Acts, ch 153, §2
         Referred to in § 232C.2, 232C.3