2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.78 - TEMPORARY CUSTODY OF A CHILD PURSUANT TO EX PARTE COURT ORDER.

        232.78  TEMPORARY CUSTODY OF A CHILD PURSUANT TO EX
      PARTE COURT ORDER.
         1.  The juvenile court may enter an ex parte order directing a
      peace officer or a juvenile court officer to take custody of a child
      before or after the filing of a petition under this chapter provided
      all of the following apply:
         a.  The person responsible for the care of the child is
      absent, or though present, was asked and refused to consent to the
      removal of the child and was informed of an intent to apply for an
      order under this section, or there is reasonable cause to believe
      that a request for consent would further endanger the child, or there
      is reasonable cause to believe that a request for consent will cause
      the parent, guardian, or legal custodian to take flight with the
      child.
         b.  It appears that the child's immediate removal is necessary
      to avoid imminent danger to the child's life or health.  The
      circumstances or conditions indicating the presence of such imminent
      danger shall include but are not limited to any of the following:
         (1)  The refusal or failure of the person responsible for the care
      of the child to comply with the request of a peace officer, juvenile
      court officer, or child protection worker for such person to obtain
      and provide to the requester the results of a physical or mental
      examination of the child.  The request for a physical examination of
      the child may specify the performance of a medically relevant test.
         (2)  The refusal or failure of the person responsible for the care
      of the child or a person present in the person's home to comply with
      a request of a peace officer, juvenile court officer, or child
      protection worker for such a person to submit to and provide to the
      requester the results of a medically relevant test of the person.
         c.  There is not enough time to file a petition and hold a
      hearing under section 232.95.
         d.  The application for the order includes a statement of the
      facts to support the findings specified in paragraphs "a",
      "b", and "c".
         2.  The person making the application for an order shall assert
      facts showing there is reasonable cause to believe that the child
      cannot either be returned to the place where the child was residing
      or placed with the parent who does not have physical care of the
      child.
         3.  Except for good cause shown or unless the child is sooner
      returned to the place where the child was residing or permitted to
      return to the child care facility, a petition shall be filed under
      this chapter within three days of the issuance of the order.
         4.  The juvenile court may enter an order authorizing a physician
      or hospital to provide emergency medical or surgical procedures
      before the filing of a petition under this chapter provided:
         a.  Such procedures are necessary to safeguard the life and
      health of the child; and
         b.  There is not enough time to file a petition under this
      chapter and hold a hearing as provided in section 232.95.
         5.  The juvenile court, before or after the filing of a petition
      under this chapter, may enter an ex parte order authorizing a
      physician or hospital to conduct an outpatient physical examination
      or authorizing a physician, a psychologist certified under section
      154B.7, or a community mental health center accredited pursuant to
      chapter 230A to conduct an outpatient mental examination of a child
      if necessary to identify the nature, extent, and cause of injuries to
      the child as required by section 232.71B, provided all of the
      following apply:
         a.  The parent, guardian, or legal custodian is absent, or
      though present, was asked and refused to provide written consent to
      the examination.
         b.  The juvenile court has entered an ex parte order directing
      the removal of the child from the child's home or a child care
      facility under this section.
         c.  There is not enough time to file a petition and to hold a
      hearing as provided in section 232.98.
         6.  Any person who may file a petition under this chapter may
      apply for, or the court on its own motion may issue, an order for
      temporary removal under this section.  An appropriate person
      designated by the court shall confer with a person seeking the
      removal order, shall make every reasonable effort to inform the
      parent or other person legally responsible for the child's care of
      the application, and shall make such inquiries as will aid the court
      in disposing of such application.  The person designated by the court
      shall file with the court a complete written report providing all
      details of the designee's conference with the person seeking the
      removal order, the designee's efforts to inform the parents or other
      person legally responsible for the child's care of the application,
      any inquiries made by the designee to aid the court in disposing of
      the application, and all information the designee communicated to the
      court.  The report shall be filed within five days of the date of the
      removal order.  If the court does not designate an appropriate person
      who performs the required duties, notwithstanding section 234.39 or
      any other provision of law, the child's parent shall not be
      responsible for paying the cost of care and services for the duration
      of the removal order.
         7.  Any order entered under this section authorizing temporary
      removal of a child must include both of the following:
         a.  A determination made by the court that continuation of the
      child in the child's home would be contrary to the welfare of the
      child.  Such a determination must be made on a case-by-case basis.
      The grounds for the court's determination must be explicitly
      documented and stated in the order.  However, preserving the safety
      of the child must be the court's paramount consideration.  If
      imminent danger to the child's life or health exists at the time of
      the court's consideration, the determination shall not be a
      prerequisite to the removal of the child.
         b.  A statement informing the child's parent that the
      consequences of a permanent removal may include termination of the
      parent's rights with respect to the child.  

         Section History: Early Form

         [C79, 81, § 232.78] 

         Section History: Recent Form

         84 Acts, ch 1279, § 9; 85 Acts, ch 173, §10, 11; 89 Acts, ch 230,
      §14; 94 Acts, ch 1172, §23; 97 Acts, ch 35, §11, 25; 98 Acts, ch
      1190, §4--6; 99 Acts, ch 192, §33; 2000 Acts, ch 1067, §6, 7; 2001
      Acts, ch 135, §12, 13
         Referred to in § 232.44, 232.73, 232.79, 232.95, 232.98, 232.104,
      232.196, 233.2