2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.96 - ADJUDICATORY HEARING.

        232.96  ADJUDICATORY HEARING.
         1.  The court shall hear and adjudicate cases involving a petition
      alleging a child to be a child in need of assistance.
         2.  The state shall have the burden of proving the allegations by
      clear and convincing evidence.
         3.  Only evidence which is admissible under the rules of evidence
      applicable to the trial of civil cases shall be admitted, except as
      otherwise provided by this section.
         4.  A report made to the department of human services pursuant to
      chapter 235A shall be admissible in evidence, but such a report shall
      not alone be sufficient to support a finding that the child is a
      child in need of assistance unless the attorneys for the child and
      the parents consent to such a finding.
         5.  Neither the privilege attaching to confidential communications
      between a health practitioner or mental health professional and
      patient nor the prohibition upon admissibility of communications
      between husband and wife shall be ground for excluding evidence at an
      adjudicatory hearing.
         6.  A report, study, record, or other writing or an audiotape or
      videotape recording made by the department of human services, a
      juvenile court officer, a peace officer or a hospital relating to a
      child in a proceeding under this division is admissible
      notwithstanding any objection to hearsay statements contained in it
      provided it is relevant and material and provided its probative value
      substantially outweighs the danger of unfair prejudice to the child's
      parent, guardian, or custodian.  The circumstances of the making of
      the report, study, record or other writing or an audiotape or
      videotape recording, including the maker's lack of personal
      knowledge, may be proved to affect its weight.
         7.  After the hearing is concluded, the court shall make and file
      written findings as to the truth of allegations of the petition and
      as to whether the child is a child in need of assistance.
         8.  If the court concludes facts sufficient to sustain a petition
      have not been established by clear and convincing evidence or if the
      court concludes that its aid is not required in the circumstances,
      the court shall dismiss the petition.
         9.  If the court concludes that facts sufficient to sustain the
      petition have been established by clear and convincing evidence and
      that its aid is required, the court may enter an order adjudicating
      the child to be a child in need of assistance.
         10.  If the court enters an order adjudicating the child to be a
      child in need of assistance, the court, if it has not previously done
      so, may issue an order authorizing temporary removal of the child
      from the child's home as set forth in section 232.95, subsection 2,
      paragraph "a", pending a final order of disposition.  The order
      shall include both of the following:
         a.  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.  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 is the 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
      temporary 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

         [C66, 71, 73, 75, 77, § 232.31; C79, 81, § 232.96] 

         Section History: Recent Form

         83 Acts, ch 96, § 157, 159; 83 Acts, ch 186, § 10055, 10201; 84
      Acts, ch 1207, § 4; 87 Acts, ch 153, § 7; 98 Acts, ch 1190, §9; 2000
      Acts, ch 1067, §9; 2001 Acts, ch 135, §16
         Referred to in § 232.99, 232.104, 232.116, 600A.7