2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.37 - SUMMONS, NOTICE, SUBPOENAS, AND SERVICE -- ORDER FOR REMOVAL.

        232.37  SUMMONS, NOTICE, SUBPOENAS, AND SERVICE --
      ORDER FOR REMOVAL.
         1.  After a petition has been filed the court shall set a time for
      an adjudicatory hearing and unless the parties named in subsection 2
      voluntarily appear, shall issue a summons requiring the child to
      appear before the court at a time and place stated and requiring the
      person who has custody or control of the child to appear before the
      court and to bring the child with the person at that time.  The
      summons shall attach a copy of the petition and shall give
      notification of the right to counsel provided for in section 232.11.

         2.  Notice of the pendency of the case shall be served upon the
      known parents, guardians or legal custodians of a child if these
      persons are not summoned to appear as provided in subsection 1.
      Notice shall also be served upon the child and upon the child's
      guardian ad litem, if any.  The notice shall attach a copy of the
      petition and shall give notification of the right to counsel provided
      for in section 232.11.
         3.  Upon request of the child who is identified in the petition as
      a party to the proceeding, the child's parent, guardian or custodian,
      a county attorney or on the court's own motion, the court or the
      clerk of the court shall issue subpoenas requiring the attendance and
      testimony of witnesses and production of papers at any hearing under
      this division.
         4.  Service of summons or notice shall be made personally by the
      sheriff by delivering a copy of the summons or notice to the person
      being served.  If the court determines that personal service of a
      summons or notice is impracticable, the court may order service by
      certified mail addressed to the last known address.  Service of
      summons or notice shall be made not less than five days before the
      time fixed for hearing.  Service of summons, notice, subpoenas or
      other process, after an initial valid summons or notice, shall be
      made in accordance with the rules of the court governing such service
      in civil actions.
         5.  If a person personally served with a summons or subpoena fails
      without reasonable cause to appear or to bring the child, the person
      may be proceeded against for contempt of court or the court may issue
      an order for the arrest of such person or both the arrest of the
      person and the taking into custody of the child.
         6.  The court may issue an order for the removal of the child from
      the custody of the child's parent, guardian or custodian when there
      exists an immediate threat that the parent, guardian or custodian
      will flee the state with the child, or when it appears that the
      child's immediate removal is necessary to avoid imminent danger to
      the child's life or health.  

         Section History: Early Form

         [SS15, 254-a16; C24, 27, 31, 35, 39, § 3623--3628, 3630; C46,
      50, 54, 58, 62, § 232.7--232.12, 232.14; C66, 71, 73, 75, 77, §
      232.4--232.10; C79, 81, § 232.37] 

         Section History: Recent Form

         84 Acts, ch 1279, § 3; 85 Acts, ch 195, §26; 95 Acts, ch 92, § 1;
      2003 Acts, ch 151, §5
         Referred to in § 232.35, 232.45, 232.54, 232.88, 331.653