2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.79 - CUSTODY WITHOUT COURT ORDER.

        232.79  CUSTODY WITHOUT COURT ORDER.
         1.  A peace officer or juvenile court officer may take a child
      into custody, a physician treating a child may keep the child in
      custody, or a juvenile court officer may authorize a peace officer,
      physician, or medical security personnel to take a child into
      custody, without a court order as required under section 232.78 and
      without the consent of a parent, guardian, or custodian provided that
      both of the following apply:
         a.  The child is in a circumstance or condition that presents
      an imminent danger to the child's life or health.
         b.  There is not enough time to apply for an order under
      section 232.78.
         2.  If a person authorized by this section removes or retains
      custody of a child, the person shall:
         a.  Bring the child immediately to a place designated by the
      rules of the court for this purpose, unless the person is a physician
      treating the child and the child is or will presently be admitted to
      a hospital.
         b.  Make every reasonable effort to inform the parent,
      guardian, or custodian of the whereabouts of the child.
         c.  In accordance with court-established procedures,
      immediately orally inform the court of the emergency removal and the
      circumstances surrounding the removal.
         d.  Within twenty-four hours of orally informing the court of
      the emergency removal in accordance with paragraph "c", inform
      the court in writing of the emergency removal and the circumstances
      surrounding the removal.
         3.  Any person, agency, or institution acting in good faith in the
      removal or keeping of a child pursuant to this section, and any
      employer of or person under the direction of such a person, agency,
      or institution, shall have immunity from any civil or criminal
      liability that might otherwise be incurred or imposed as the result
      of such removal or keeping.
         4. a.  When the court is informed that there has been an
      emergency removal or keeping of a child without a court order, the
      court shall direct the department of human services or the juvenile
      probation department to make every reasonable effort to communicate
      immediately with the child's parent or parents or other person
      legally responsible for the child's care.  Upon locating the child's
      parent or parents or other person legally responsible for the child's
      care, the department of human services or the juvenile probation
      department shall, in accordance with court-established procedures,
      immediately orally inform the court.  After orally informing the
      court, the department of human services or the juvenile probation
      department shall provide to the court written documentation of the
      oral information.
         b.  The court shall authorize the department of human services
      or the juvenile probation department to cause a child thus removed or
      kept to be returned if it concludes there is not an imminent risk to
      the child's life and health in so doing.  If the department of human
      services or the juvenile probation department receives information
      which could affect the court's decision regarding the child's return,
      the department of human services or the juvenile probation
      department, in accordance with court established procedures, shall
      immediately orally provide the information to the court.  After
      orally providing the information to the court, the department of
      human services or the juvenile probation department shall provide to
      the court written documentation of the oral information.  If the
      child is not returned, the department of human services or the
      juvenile probation department shall forthwith cause a petition to be
      filed within three days after the removal.
         c.  If deemed appropriate by the court, upon being informed
      that there has been an emergency removal or keeping of a child
      without a court order, the court may enter an order in accordance
      with section 232.78.
         5.  When there has been an emergency removal or keeping of a child
      without a court order, a physical examination of the child by a
      licensed medical practitioner shall be performed within twenty-four
      hours of such removal, unless the child is returned to the child's
      home within twenty-four hours of the removal.  

         Section History: Early Form

         [C79, 81, § 232.79] 

         Section History: Recent Form

         83 Acts, ch 96, § 157, 159; 84 Acts, ch 1279, § 10; 89 Acts, ch
      230, §15; 90 Acts, ch 1215, § 1; 94 Acts, ch 1172, §24; 2001 Acts, ch
      135, §14
         Referred to in § 232.44, 232.79A, 232.95, 232.104, 232B.6