2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.182 - INITIAL DETERMINATION.

        232.182  INITIAL DETERMINATION.
         1.  Upon the filing of a petition, the court shall fix a time for
      an initial determination hearing and give notice of the hearing to
      the child's parent, guardian, or custodian, counsel or guardian ad
      litem, and the department.
         2.  A parent who does not have custody of the child may petition
      the court to be made a party to proceedings under this division.
         3.  An initial determination hearing is 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 only if the court determines that the possibility of
      damage or harm to the child outweighs the public's interest in having
      an open hearing.  Upon closing the hearing to the public, the court
      may admit those persons who have direct interest in the case or in
      the work of the court.
         4.  The hearing shall be informal and all relevant and material
      evidence shall be admitted.
         5.  After the hearing is concluded, the court shall make and file
      written findings as to whether reasonable efforts, as defined in
      section 232.102, subsection 10, have been made and whether the
      voluntary foster family care placement is in the child's best
      interests.
         a.  The court shall order foster family care placement in the
      child's best interests if the court finds that all of the following
      conditions exist:
         (1)  The child has an emotional, physical, or intellectual
      disability which requires care and treatment.
         (2)  The child's parent, guardian, or custodian has demonstrated a
      willingness or ability to fulfill the responsibilities defined in the
      case permanency plan.
         (3)  Reasonable efforts have been made and the placement is in the
      child's best interests.
         (4)  A determination that services or support provided to the
      family of a child with mental retardation, other developmental
      disability, or organic mental illness will not enable the family to
      continue to care for the child in the child's home.
         b.  If the court finds that reasonable efforts have not been
      made and that services or support are available to prevent the
      placement, the court may order the services or support to be provided
      to the child and the child's family.
         c.  If the court finds that the foster care placement is
      necessary and the child's parent, guardian, or custodian has not
      demonstrated a commitment to fulfill the responsibilities defined in
      the child's case permanency plan, the court shall cause a child in
      need of assistance petition to be filed.
         5A.  If the court orders placement of the child into foster care,
      the court or the department shall establish a support obligation for
      the costs of the placement pursuant to section 234.39.
         6.  The hearing may be waived and the court may issue the findings
      and order required under subsection 5 on the basis of the
      department's written report if all parties agree to the hearing's
      waiver and the department's written report.  

         89 Acts, ch 169, § 9; 92 Acts, ch 1229, § 14, 15; 93 Acts, ch 78,
      §1; 99 Acts, ch 111, § 3, 4, 7; 2009 Acts, ch 41, §240
         Referred to in § 232.183, 234.35