2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.58 - PERMANENCY HEARINGS.

        232.58  PERMANENCY HEARINGS.
         1.  If an order entered pursuant to this division for an
      out-of-home placement of a child includes a determination that
      continuation of the child in the child's home is contrary to the
      child's welfare, the court shall review the child's continued
      placement by holding a permanency hearing or hearings in accordance
      with this section.  The initial permanency hearing shall be the
      earlier of the following:
         a.  For an order for which the court has not waived reasonable
      efforts requirements, the permanency hearing shall be held within
      twelve months of the date the child was removed from the home.
         b.  For an order in a case in which aggravated circumstances
      exist for which the court has waived reasonable efforts requirements,
      the permanency hearing shall be held within thirty days of the date
      the requirements were waived.
         2.  Reasonable notice shall be provided of a permanency hearing
      for an out-of-home placement in which the court order has included a
      determination that continuation of the child in the child's home is
      contrary to the child's welfare.  A permanency hearing shall be
      conducted in substantial conformance with the provisions of section
      232.99.  During the hearing, the court shall consider the child's
      need for a secure and permanent placement in light of any case
      permanency plan or evidence submitted to the court and the reasonable
      efforts made concerning the child.  Upon completion of the hearing,
      the court shall enter written findings identifying a primary
      permanency goal for the child.  If a case permanency plan is in
      effect at the time of the hearing, the court shall also make a
      determination as to whether reasonable progress is being made in
      achieving the permanency goal and in complying with the other
      provisions of that case permanency plan.
         3.  After a permanency hearing, the court shall do one of the
      following:
         a.  Enter an order pursuant to section 232.52 to return the
      child to the child's home.
         b.  Enter an order pursuant to section 232.52 to continue the
      out-of-home placement of the child for an additional six months at
      which time the court shall hold a hearing to consider modification of
      its permanency order.  An order entered under this paragraph shall
      enumerate the specific factors, conditions, or expected behavioral
      changes which comprise the basis for the determination that the need
      for removal of the child from the child's home will no longer exist
      at the end of the additional six-month period.
         c.  Direct the county attorney or the attorney for the child
      to institute proceedings to terminate the parent-child relationship.

         d.  Enter an order, pursuant to findings based upon the
      existence of the evidence required by subsection 4, to do one of the
      following:
         (1)  Transfer guardianship and custody of the child to a suitable
      person.
         (2)  Transfer sole custody of the child from one parent to another
      parent.
         (3)  Transfer custody of the child to a suitable person for the
      purpose of long-term care.
         (4)  If the department has documented to the court's satisfaction
      a compelling reason for determining that an order under the other
      subparagraphs of this paragraph "d" would not be in the child's
      best interest, order another planned permanent living arrangement for
      the child.
         4.  Prior to entering a permanency order pursuant to subsection 3,
      paragraph "d", clear and convincing evidence must exist showing
      that all of the following apply:
         a.  A termination of the parent-child relationship would not
      be in the best interest of the child.
         b.  Services were offered to the child's family to correct the
      situation which led to the child's removal from the home.
         c.  The child cannot be returned to the child's home.
         5.  Any permanency order may provide restrictions upon the contact
      between the child and the child's parent or parents, consistent with
      the best interest of the child.
         6.  With respect to a dispositional order made pursuant to section
      232.52, subsection 2, paragraph "d", "e", or "f", for
      which the court has suspended or terminated sibling visitation or
      interaction, when a review is made under this section the court shall
      consider whether the visitation or interaction can be safely resumed
      and may modify the suspension or termination as appropriate.
         7.  Subsequent to the entry of a permanency order pursuant to this
      section, the child shall not be returned to the care, custody, or
      control of the child's parent or parents, over a formal objection
      filed by the child's attorney or guardian ad litem, unless the court
      finds by a preponderance of the evidence that returning the child to
      such custody would be in the best interest of the child.
         8.  Following an initial permanency hearing and the entry of a
      permanency order which places a child in the custody or guardianship
      of another person or agency, the court shall retain jurisdiction and
      annually review the order to ascertain whether the best interest of
      the child is being served.  When the order places the child in the
      custody of the department for the purpose of a planned permanent
      living arrangement, the review shall be in a hearing that shall not
      be waived or continued beyond twelve months after the initial
      permanency hearing or the last permanency review hearing.  Any
      modification shall be accomplished through a hearing procedure
      following reasonable notice.  During the hearing, all relevant and
      material evidence shall be admitted and procedural due process shall
      be provided to all parties.  

         2001 Acts, ch 135, §10; 2007 Acts, ch 67, §3; 2007 Acts, ch 172,
      §5
         Referred to in § 232.53