2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.82 - REMOVAL OF SEXUAL OFFENDERS AND PHYSICAL ABUSERS FROM THE RESIDENCE PURSUANT TO COURT ORDER.

        232.82  REMOVAL OF SEXUAL OFFENDERS AND PHYSICAL
      ABUSERS FROM THE RESIDENCE PURSUANT TO COURT ORDER.
         1.  Notwithstanding section 561.15, if it is alleged by a person
      authorized to file a petition under section 232.87, subsection 2, or
      by the court on its own motion, that a parent, guardian, custodian,
      or an adult member of the household in which a child resides has
      committed a sexual offense with or against the child, pursuant to
      chapter 709 or section 726.2, or a physical abuse as defined by
      section 232.2, subsection 42, the juvenile court may enter an ex
      parte order requiring the alleged sexual offender or physical abuser
      to vacate the child's residence upon a showing that probable cause
      exists to believe that the sexual offense or physical abuse has
      occurred and that substantial evidence exists to believe that the
      presence of the alleged sexual offender or physical abuser in the
      child's residence presents a danger to the child's life or physical,
      emotional, or mental health.
         2.  If an order is entered under subsection 1 and a petition has
      not yet been filed under this chapter, the petition shall be filed
      under section 232.87 by the county attorney, the department of human
      services, or a juvenile court officer within three days of the
      entering of the order.
         3.  The juvenile court may order on its own motion, or shall order
      upon the request of the alleged sexual offender or physical abuser, a
      hearing to determine whether the order to vacate the residence should
      be upheld, modified, or vacated.  The juvenile court may in any later
      child in need of assistance proceeding uphold, modify, or vacate the
      order to vacate the residence.  

         Section History: Early Form

         [82 Acts, ch 1209, § 14] 

         Section History: Recent Form

         83 Acts, ch 96, § 157, 159; 83 Acts, ch 186, § 10055, 10201; 86
      Acts, ch 1186, § 6; 90 Acts, ch 1251, § 27