2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.183 - DISPOSITIONAL HEARING.

        232.183  DISPOSITIONAL HEARING.
         1.  Following an entry of an initial determination order pursuant
      to section 232.182, the court shall hold a dispositional hearing in
      order to determine the future status of the child based on the
      child's best interests.  Notice of the hearing shall be given to the
      child and the child's parent, guardian, or custodian, and the
      department.
         2.  The dispositional hearing shall be held within twelve months
      of the date the child was placed in foster care.
         3.  A dispositional 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 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.  Following the hearing, the court shall issue a dispositional
      order.  The dispositional orders which the court may enter, subject
      to its continuing jurisdiction, are as follows:
         a.  An order that the child's voluntary placement shall be
      terminated and the child returned to the child's home and provided
      with available services and support needed for the child to remain in
      the home.
         b.  An order that the child's voluntary placement may continue
      if the department and the child's parent or guardian continue to
      agree to the voluntary placement.
         c.  If the court finds that the child's parent, guardian, or
      custodian has failed to fulfill responsibilities outlined in the case
      permanency plan, an order that the child remain in foster care and
      that the county attorney or department file, within three days, a
      petition alleging the child to be a child in need of assistance.
         d.  If the child is sixteen years of age or older, 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 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.
         6.  With respect to each child whose placement was approved
      pursuant to subsection 5, the court shall continue to hold periodic
      dispositional hearings.  The hearings shall not be waived or
      continued beyond twelve months following the last dispositional
      hearing.  After a dispositional hearing, the court shall enter one of
      the dispositional orders authorized under subsection 5.  
         Section History: Recent Form
         89 Acts, ch 169, § 10; 92 Acts, ch 1141, § 3; 92 Acts, ch 1229, §
      16; 93 Acts, ch 172, §36, 56; 97 Acts, ch 99, § 8, 9; 2003 Acts, ch
      117, §8; 2003 Acts, ch 151, §6

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