2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.95 - HEARING CONCERNING TEMPORARY REMOVAL.

        232.95  HEARING CONCERNING TEMPORARY REMOVAL.
         1.  At any time after the petition is filed, any person who may
      file a petition under section 232.87 may apply for, or the court on
      its own motion may order, a hearing to determine whether the child
      should be temporarily removed from home.  If the child is in the
      custody of a person other than the child's parent, guardian, or
      custodian as the result of action taken pursuant to section 232.78 or
      232.79, the court shall hold a hearing within ten days of the date of
      temporary removal to determine whether the temporary removal should
      be continued.
         2.  Upon such hearing, the court may:
         a.  Remove the child from home and place the child in a
      shelter care facility or in the custody of a suitable person or
      agency pending a final order of disposition if the court finds that
      substantial evidence exists to believe that removal is necessary to
      avoid imminent risk to the child's life or health.
         (1)  If removal is ordered, the court must, in addition, make a
      determination that continuation of the child in the child's home
      would be contrary to the welfare of the child, and that reasonable
      efforts, as defined in section 232.102, have been made to prevent or
      eliminate the need for removal of the child from the child's home.
         (2)  The court's determination regarding continuation of the child
      in the child's home, and regarding reasonable efforts, including
      those made to prevent removal and those made to finalize any
      permanency plan in effect, as well as any determination by the court
      that reasonable efforts are not required, must be made on a
      case-by-case basis.  The grounds for each determination must be
      explicitly documented and stated in the court 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 determinations
      otherwise required under this paragraph shall not be a prerequisite
      for an order for removal of the child.
         (3)  The order shall also include 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.

         b.  Release the child to the child's parent, guardian, or
      custodian pending a final order of disposition.
         c.  Authorize a physician or hospital to provide medical or
      surgical procedures if such procedures are necessary to safeguard the
      child's life or health.
         3.  The court shall make and file written findings as to the
      grounds for granting or denying an application under this section.
         4.  If the court orders the child removed from the home pursuant
      to subsection 2, paragraph "a", the court shall hold a hearing to
      review the removal order within six months unless a dispositional
      hearing pursuant to section 232.99 has been held.  

         Section History: Early Form

         [C79, 81, § 232.95] 

         Section History: Recent Form

         84 Acts, ch 1279, § 13; 86 Acts, ch 1186, § 8; 87 Acts, ch 159, §
      2; 98 Acts, ch 1190, §8; 2000 Acts, ch 1067, §8; 2001 Acts, ch 135,
      §15
         [Subsection 2, paragraphs b and c, were inadvertently omitted in
      the 2001 Code Supplement and 2003 Code]
         2004 Acts, ch 1101, §28
         Referred to in § 232.44, 232.78, 232.96, 232.104, 232B.6, 600A.7