Current Through March 2015

Statutes

Website for Statutes:http://search.legis.state.ia.us/nxt/gateway.dll/ar/iac?f=templates&fn=default.htm

Citation:

• Adoption: Title XV, Subtitle 1, Chapter 600; Title VI, Subtitle 5, Chapter 232, §§ 232.119 through 232.141
• Child Protection: Title VI, Subtitle 5, Chapter 232, §§ 232.67 through 232.94; Subtitle 6, Chapter 235A
• Child Welfare: Title VI, Subtitle 5, Chapters 232, 232B, 233; Subtitle 6, Chapters 234, 235, 237;
  Title XV, Subtitle 1, Chapter 600A
• Guardianship: § 232.104
• Youth Services: §§ 234.46; 235.7

Note: Click on ‘Iowa Code’

Regulation/Policy

Website for Administrative Code:https://www.legis.iowa.gov/law/administrativeRules/agencies

Citation: Click on ‘Iowa Administrative Code,’ then select ‘Human Services Department [441].’ See Chapters 107, 108, 112-114, 117, 142, 152, 155-158, 160, 172, 175, 187, 200-204:

• For services for youth aging out of foster care, see Chapter 187
• For the subsidized guardianship program, see Chapter 204

Website for Agency Policies:http://dhs.iowa.gov/policy-manuals

Other Resources

Citation: Iowa Court RulesIowa Office of Citizens’ Aide/Ombudsman

Current Through April 2016

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed.

Current Through February 2016

Physical Abuse

Citation: Ann. Stat. § 232.68  ‘Child abuse’ or ‘abuse’ means any nonaccidental physical injury, or injury that is inconsistent with the history given of it, suffered by a child as the result of acts or omissions of a person responsible for the care of the child.

Neglect

Citation: Ann. Stat. § 232.68  The terms ‘child abuse’ or ‘abuse’ include:

• The failure on the part of a person responsible for the care of a child to provide adequate food, shelter, clothing, medical or mental health treatment, supervision, or other care necessary for the child’s health and welfare when financially able to do so or when offered financial or other reasonable means to do so
• The presence of an illegal drug in a child’s body as a direct and foreseeable consequence of the acts or omissions of the person responsible for the care of the child
• That the person responsible for the care of a child has, in the presence of the child, manufactured a dangerous substance or possesses a product containing ephedrine, its salts, optical isomers, salts of optical isomers, or pseudoephedrine, its salts, optical isomers, or salts of optical isomers, with the intent to use the product as a precursor or an intermediary to a dangerous substance
• Knowingly allowing a person to have custody of, control of, or unsupervised access to a child after knowing the person is required to register or is on the sex offender registry

Sexual Abuse/Exploitation

Citation: Ann. Stat. § 232.68  The terms ‘child abuse’ or ‘abuse’ include:

• Committing a sexual offense with or to a child
• Allowing, permitting, or encouraging the child to engage in prostitution
• Committing acts of bestiality in the presence of a minor by a person who resides in a home with a child, as a result of the acts or omissions of a person responsible for the care of the child
• Knowingly allowing a person to have custody of, control of, or unsupervised access to a child after knowing the person is required to register or is on the sex offender registry
• Knowingly allowing the child access to obscene material as defined in § 728.1 or knowingly disseminating or exhibiting such material to the child
• The recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a child for the purpose of commercial sexual activity as defined in § 710A.1

‘Sex trafficking’ means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of commercial sexual activity. ‘Sex trafficking victim’ means a victim of sex trafficking.

Emotional Abuse

Citation: Ann. Stat. § 232.68  The terms ‘child abuse’ or ‘abuse’ include any mental injury to a child’s intellectual or psychological capacity as evidenced by an observable and substantial impairment in the child’s ability to function within the child’s normal range of performance and behavior as the result of the acts or omissions of a person responsible for the care of the child, if the impairment is diagnosed and confirmed by a licensed physician or qualified mental health professional.

Abandonment

This issue is not addressed in the statutes reviewed.

Standards for Reporting

Citation: Ann. Stat. § 232.69
A report is required when a mandatory reporter reasonably believes that a child has suffered abuse.

Persons Responsible for the Child

Citation: Ann. Stat. § 232.68  ‘Person responsible for the care of a child’ means:

• A parent, guardian, or foster parent
• A relative or any other person with whom the child resides who assumes care or supervision of the child, without reference to the length of time or continuity of such residence
• An employee or agent of a public or private facility providing care for a child, including an institution, hospital, health-care facility, group home, mental health center, residential treatment center, shelter care facility, detention center, or child care facility
• Any person providing care for a child but with whom the child does not reside, without reference to the duration of care

Exceptions

Citation: Ann. Stat. § 232.68  A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child, for that reason alone, shall not be considered to be abusing the child. This provision shall not preclude a court from ordering that medical service be provided to the child when the child’s health requires it.

‘Child abuse’ or ‘abuse’ shall not be construed to hold a victim responsible for failing to prevent a crime against the victim.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Ann. Stat. § 236.2  ‘Domestic abuse’ means committing assault, as defined in § 708.1, under any of the following circumstances:

• The assault is between family or household members who resided together at the time of the assault.
• The assault is between separated spouses or persons divorced from each other and not residing together at the time of the assault.
• The assault is between persons who are parents of the same minor child regardless of whether they have been married or have lived together at any time.
• The assault is between persons who have been family or household members residing together within the past year and are not residing together at the time of the assault.
• The assault is between persons who are in an intimate relationship or have been in an intimate relationship and have had contact within the past year of the assault.

In determining whether persons are or have been in an intimate relationship, the court may consider the following nonexclusive list of factors:

• The duration of the relationship
• The frequency of interaction
• Whether the relationship has been terminated
• The nature of the relationship, characterized by either party’s expectation of sexual or romantic involvement

A person may be involved in an intimate relationship with more than one person at a time.

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Stat. § 708.2  A‘Domestic abuse assault’ means an assault, as defined in § 708.1, that is domestic abuse, as defined in § 236.2.

On a first offense of domestic abuse assault, the person commits:

• A simple misdemeanor for a domestic abuse assault, except as otherwise provided
• A serious misdemeanor if the domestic abuse assault causes bodily injury or mental illness
• An aggravated misdemeanor if:
  • The domestic abuse assault is committed with the intent to inflict a serious injury upon another.
  • The person uses or displays a dangerous weapon in connection with the assault.
  • The domestic abuse assault is committed by knowingly impeding the normal breathing or circulation of the blood of another by applying pressure to the throat or neck of the other person or by obstructing the nose or mouth of the other person.

Persons Included in the Definition

Citation: Ann. Stat. § 236.2  ‘Family or household members’ means spouses, persons cohabiting, parents, or other persons related by consanguinity or affinity. ‘Family or household members’ does not include children under age 18 of persons listed.

‘Intimate relationship’ means a significant romantic involvement that need not include sexual involvement. An intimate relationship does not include casual social relationships or associations in a business or professional capacity.

Current Through February 2013

Individual Responsibility to Report

Citation: Ann. Stat. § 232.70  Each report made by a mandated reporter shall be made both orally and in writing. Each report made by a permissive reporter may be oral, written, or both.

The written report shall be made to the Department of Human Services within 48 hours after the oral report.

Content of Reports

Citation: Ann. Stat. § 232.70  The oral and written reports shall contain as much of the following information as the reporter is able to furnish:

• The names and home addresses of the child and the child’s parent(s) or other persons responsible for the child’s care
• The child’s present whereabouts if not the same as the parents’ home address
• The child’s age
• The nature and extent of the child’s injuries, including any evidence of prior injury
• The name, age, and condition of other children in the same home
• Any other information which the person making the report believes might be helpful in establishing the cause of the injury to the child, the identity of the person or persons responsible for the injury, or in providing assistance to the child
• The name and address of the person making the report

Reporting Suspicious Deaths

Citation:This issue is not addressed in the statutes reviewed.

Reporting Substance-Exposed Infants

Citation: Ann. Stat. § 232.77(2)  If a health practitioner discovers in a child physical or behavioral symptoms of the effects of exposure to cocaine, heroin, amphetamine, methamphetamine, or other illegal drugs, or combinations or derivatives thereof, that were not prescribed by a health practitioner, or if the health practitioner has determined through examination of the natural mother of the child that the child was exposed in utero, the health practitioner may perform or cause to be performed a medically relevant test, as defined in § 232.73, on the child. The practitioner shall report any positive results of such a test on the child to the department. The department shall begin an assessment pursuant to § 232.71B upon receipt of such a report. A positive test result obtained prior to the birth of a child shall not be used for the criminal prosecution of a parent for acts and omissions resulting in intrauterine exposure of the child to an illegal drug.

Agency Receiving the Reports

Citation: Ann. Stat. § 232.70; Admin. Code § 441-175.22  The oral report shall be made by telephone or otherwise to the Department of Human Services. If the person making the report has reason to believe that immediate protection for the child is advisable, that person also shall make an oral report to an appropriate law enforcement agency.

In regulation: Reports of child abuse shall be received by the department, central abuse registry, or child abuse hotline.

Initial Screening Decisions

Citation: Ann, Stat. § 232.70; Admin. Code §§ 441-175.22; 175.24  Upon receipt of a report, the department shall do all of the following:

• Immediately, upon receipt of an oral report, make a determination as to whether the report constitutes an allegation of child abuse as defined in § 232.68
• Notify the appropriate county attorney of the receipt of the report

In regulation: Any report that alleges child abuse shall be accepted for assessment. Reports that do not meet the legal definition of child abuse shall become rejected intakes.

The primary purpose of intake is to obtain available and pertinent information regarding an allegation of child abuse and determine whether a report of child abuse becomes a case or a rejected intake.

To result in a case, the report of child abuse must include some information to indicate all of the following:

• The alleged victim of child abuse is a child.
• The alleged perpetrator of child abuse is a caregiver.
• The alleged incident falls within the definition of child abuse.

Agency Conducting the Assessment/Investigation

Citation: Ann. Stat. § 232.71B; Admin. Code § 441-175.22  If the department determines a report alleges child abuse, it shall conduct an appropriate assessment.

In regulation: If a report does not meet the legal definition of child abuse, but a criminal act harming a child is alleged, the department shall immediately refer the matter to the appropriate law enforcement agency. If a report alleges child sexual abuse that involves a person who was not a caregiver, the department shall refer the report to law enforcement orally as soon as practicable, and follow up in writing within 72 hours of receiving the report.

Assessment/Investigation Procedures

Citation: Ann. Stat. § 232.71B  The primary purpose of the assessment shall be the protection of the child named in the report. The secondary purpose of the assessment shall be to engage the child’s family in services to enhance family strengths and to address needs. The assessment shall include the following:

• Identification of the nature, extent, and cause of the injuries, if any, to the child named in the report
• Identification of the person or persons responsible for the alleged child abuse
• A description of the name, age, and condition of other children in the same home as the child named in the report
• An evaluation of the home environment
• An interview of the person alleged to have committed the child abuse, if the person’s identity and location are known

Timeframes for Completing Investigations

Citation: Ann. Stat. § 232.71B; Admin. Code § 441-175.26  The department shall start the assessment within 24 hours of receiving the report.

In regulation: The child protection worker shall complete a child protective assessment summary within 20 business days from the date of the report of child abuse becoming a case.

Classification of Reports

Citation: Ann. Code § 232.71D; Admin. Code § 441-175.26  Except as otherwise provided below, if the department issues a finding that the alleged child abuse meets the definition of child abuse, the names of the child and the alleged perpetrator of the alleged child abuse and any other child abuse information shall be placed in the central registry as a case of founded child abuse.

Cases to which any of the following circumstances apply shall not be placed on the central registry:

• A finding of physical abuse in which the department has determined the injury resulting from the abuse was minor, isolated, and unlikely to reoccur.
• A finding of abuse by failure to provide adequate supervision or by failure to provide adequate clothing, in which the department has determined the risk from the abuse to the child’s health and welfare was minor, isolated, and unlikely to reoccur.

In regulation: A child protective assessment summary shall consist of two parts as follows and shall include a statement of determination of whether the allegation of child abuse was founded, confirmed but not placed on the central abuse registry, or not confirmed. The statement shall include a rationale for placing or not placing the case on the central abuse registry.

Current Through April 2015

Citation: Ann. Code § 232.77(2)  If a health practitioner discovers in a child physical or behavioral symptoms of the effects of exposure to cocaine, heroin, amphetamine, methamphetamine, or other illegal drugs, or combinations or derivatives thereof, which were not prescribed by a health practitioner, or if the health practitioner has determined through examination of the natural mother of the child that the child was exposed in utero, the health practitioner may perform or cause to be performed a medically relevant test, as defined in § 232.73, on the child.

The practitioner shall report any positive results of such a test on the child to the Department of Human Services. The department shall begin an investigation pursuant to law upon receipt of such a report.

A positive test result obtained prior to the birth of a child shall not be used for the criminal prosecution of a parent for acts and omissions resulting in intrauterine exposure of the child to an illegal drug.

Citation: Ann. Code § 232.2(6)  ‘Child in need of assistance’ means an unmarried child:

• Whose parent’s or guardian’s mental capacity or condition, imprisonment, or drug or alcohol abuse results in the child not receiving adequate care
• In whose body there is an illegal drug present as a direct and foreseeable consequence of the acts or omissions of the child’s parent, guardian, or custodian
• Whose parent, guardian, or custodian does any of the following: unlawfully manufactures a dangerous substance in the presence of a child; knowingly allows such manufacture by another person in the presence of a child; or in the presence of a child possesses a product containing ephedrine, its salts, optical isomers, salts of optical isomers, or pseudoephedrine, its salts, optical isomers, salts of optical isomers, with the intent to use the product as a precursor or an intermediary to a dangerous substance

‘In the presence of a child’ means the physical presence of a child during the manufacture or possession, the manufacture or possession occurred in a child’s home, on the premises, or in a motor vehicle located on the premises, or the manufacture or possession occurred under other circumstances in which a reasonably prudent person would know that the manufacture or possession may be seen, smelled, or heard by a child.

‘Dangerous substance’ means any of the following:

• Amphetamine, its salts, isomers, or salts of its isomers
• Methamphetamine, its salts, isomers, or salts of its isomers
• A chemical or combination of chemicals that poses a reasonable risk of causing an explosion, fire, or other danger to the life or health of persons who are in the vicinity while the chemical or combination of chemicals is used or is intended to be used in the process of manufacturing or as a precursor or intermediary in the manufacturing of an illegal or controlled substance

Citation: Ann. Code § 726.6A person who is the parent, guardian, or person having custody or control over a child or a minor under age 18 with a mental or physical disability, or a person who is a member of the household in which a child or such a minor resides, commits child endangerment when the person knowingly permits a child or minor to be present at a location where amphetamine, its salts, isomers, or salts of isomers, or methamphetamine, its salts, isomers, or salts of isomers, is manufactured or where a product is possessed in violation of the law.

A person who commits child endangerment resulting in the death of a child or minor is guilty of a Class B felony. Notwithstanding § 902.9(1)(b), a person convicted of a violation of this subsection shall be confined for no more than 50 years.

A person who commits child endangerment resulting in serious injury to a child or minor is guilty of a Class C felony.

A person who commits child endangerment resulting in bodily injury to a child or minor or child endangerment that does not result in a serious injury is guilty of a Class D felony.

A person who commits child endangerment that is not subject to penalty [as a Class C or D felony] is guilty of an aggravated misdemeanor.

Citation: Ann. Code § 232.68(2)(f), (2)(g)  ‘Child abuse’ or ‘abuse’ occurs when:

• An illegal drug is present in a child’s body as a direct and foreseeable consequence of the acts or omissions of the person responsible for the care of the child.
• The person responsible for the care of a child has, in the presence of the child, manufactured a dangerous substance, or in the presence of the child possesses a product containing ephedrine, its salts, optical isomers, salts of optical isomers, or pseudoephredrine, its salts, optical isomers, salts of optical isomers, with the intent to use the product as a precursor or an intermediary to a dangerous substance.

Current Through August 2014

Making The Appointment

Citation: Ann. Stat. §§ 232.71C; 232.89  In every case involving child abuse that results in a child protective judicial proceeding, whether or not the proceeding arises under this chapter, a guardian ad litem (GAL) shall be appointed by the court to represent the child in the proceedings. A court-appointed special advocate (CASA) may be appointed to act as GAL.

The Use of Court-Appointed Special Advocates (CASAs)

Citation: Ann. Stat. §§ 232.2(9); 232.126; 232.89  A CASA is a person duly certified by the child advocacy board created in § 237.16 for participation in the CASA program and appointed by the court to represent the interests of a child in any judicial proceeding to which the child is a party or is called as a witness or relating to any dispositional order involving the child resulting from such proceeding.

The court may appoint a CASA to act as GAL. The CASA shall receive notice of and may attend all depositions, hearings, and trial proceedings to support the child and advocate for the protection of the child. The CASA shall not be allowed to introduce evidence separately or to examine or cross-examine witnesses directly.

The CASA shall submit a written report to the court and to each of the parties to the proceedings containing results of the CASA’s initial investigation of the child’s case, including, but not limited to, recommendations regarding placement of the child and other recommendations based on the best interests of the child. The CASA shall submit subsequent reports to the court and parties as needed, detailing the continuing situation of the child’s case as long as the child remains under the jurisdiction of the court. In addition, the CASA shall file other reports to the court as required by the court.

Qualifications/Training

Citation:This issue is not addressed in the statutes reviewed.

Specific Duties

Citation: Ann. Stat. § 232.2(22)  The GAL is appointed by the court to represent the interests of a child in any judicial proceeding to which the child is a party. The duties of a GAL with respect to a child shall include the following:

• Conducting in-person interviews with the child, if the child’s age is appropriate, and interviewing each parent, guardian, or other person having custody of the child, if authorized by counsel
• Visiting the home, residence, or both home and residence of the child and any prospective home or residence of the child, including each time placement is changed
• Interviewing any person providing medical, mental health, social, educational, or other services to the child
• Obtaining firsthand knowledge, if possible, of the facts, circumstances, and parties involved in the case
• Attending any hearings pertaining to the case
• If the child is required to have a transition plan developed in accordance with the child’s case permanency plan, assisting the transition committee in development of the transition plan

The order appointing the GAL shall grant authorization to the GAL to interview any relevant person and inspect and copy any records relevant to the proceedings, if not prohibited by Federal law. The GAL may also attend any departmental staff meeting, case conference, or meeting with medical or mental health providers, service providers, organizations, or educational institutions regarding the child, if deemed necessary by the GAL.

How the Representative Is Compensated

Citation: Ann. Stat. § 232.71C  Before a GAL is appointed, the court shall require the person responsible for the care of the child to complete, under oath, a detailed financial statement. If, on the basis of that financial statement, the court determines that the person responsible for the care of the child is able to bear the cost of the GAL, the court shall so order. In cases where the person responsible for the care of the child is unable to bear the cost of the GAL, the expense shall be paid out of the county treasury.

Current Through April 2014

When Case Plans Are Required

Citation: Ann. Stat. § 232.2; Admin. Code 441-202.15(234)  A case permanency plan is required when the child has entered care due to a voluntary placement agreement or a judicial determination. The plan is designed to achieve placement in the most appropriate, least restrictive, and most familylike setting available and in close proximity to the parent’s home, consistent with the best interests and special needs of the child, and that considers the placement’s proximity to the school in which the child is enrolled at the time of placement.

In regulation: The department worker shall ensure that a case permanency plan is developed for each child who is placed in foster care if the department has agreed to provide foster care through a voluntary placement agreement, if a court has transferred custody or guardianship to the department for the purpose of foster care, or if a court has placed the child in foster care and ordered the department to supervise the placement.

In all cases, the case permanency plan shall be completed within 60 days of the date the child entered foster care.

Who May Participate in the Case Planning Process

Citation: Ann. Stat. § 232.2; Admin. Code 441-202.15(234)  The plan shall be developed by the Department of Human Services or the agency involved and the child’s parent, guardian, or custodian.

In regulation: The department worker shall develop the case permanency plan with the child’s parents, unless the child’s parents are unwilling to participate in the plan’s development, and with the child, unless the child is unable or unwilling to participate.

Contents of a Case Plan

Ann. Stat. § 232.2  The plan shall specifically include all of the following:

• Plans for carrying out the voluntary placement agreement or judicial determination that placed the child in care
• The type and appropriateness of the placement
• The services that will be provided to the child, birth parents, and foster parents
• How the services will meet the needs of the child while in care and will facilitate the child’s return home or other permanent placement
• The most recent information available regarding the child’s health and education records
• When a child is age 16 or older, a written transition plan of services that, based upon an assessment of the child’s needs, would assist the child in preparing for the transition from foster care to adulthood
• The actions expected of the parent, guardian, or custodian in order for the department or agency to end its involvement with the child and the child’s family
• If reasonable efforts to place a child for adoption or with a guardian are made concurrently with reasonable efforts to reunify, identification of the concurrent goals and timelines
• A provision that a designee of the department or other person responsible for placement of a child out-of-State shall visit the child at least once every 6 months
• If it has been determined that the child cannot return to the child’s home, documentation of the steps taken to make and finalize an adoption or other permanent placement
• Information on the child’s personal history, especially if it is known that the child has behaved in a manner that threatened the safety of another person, has committed a violent act causing bodily injury to another person, or has been a victim or perpetrator of sexual abuse
• The provisions involving sibling visitation or interaction
• Documentation of the educational stability of the child while in foster care, including, but not limited to, the following:
  • Evidence there was an evaluation of the appropriateness of the child’s educational setting while in placement and of the setting’s proximity to the educational setting in which the child was enrolled at the time of placement
  • An assurance either that the department coordinated with appropriate local educational agencies to identify how the child could remain in the same educational setting or, if it was determined it was not in the child’s best interests to remain in that setting, that the affected educational agencies would immediately and appropriately enroll the child in another educational setting during the child’s placement and ensure that the child’s educational records were provided for use in the new educational setting

For a child who is age 16 or older, the transition plan and needs assessment shall be developed with a focus on the services, other support, and actions necessary to facilitate the child’s successful entry into adulthood. The transition plan shall be personalized at the direction of the child and shall be developed with the child present, honoring the goals and concerns of the child, and shall address the following areas of need:

• Education
• Employment services and other workforce support
• Health and health-care coverage
• Housing
• Relationships, including local opportunities to have a mentor
• If the needs assessment indicates the child is reasonably likely to need or be eligible for services or other support from the adult service system upon reaching age 18, provision for the child’s application for adult services

Current Through November 2012

Citation: Iowa Code Ann. § 232.102(10)(b), (11) (LexisNexis through 2011 Supp.)  As used in this section, ‘family-centered services’ means services and other support intended to safely maintain a child with the child’s family or with a relative; to safely and in a timely manner return a child to the home of the child’s parent or relative; or to promote achievement of concurrent planning goals by identifying and helping the child secure placement for adoption, with a guardian, or with other alternative permanent family connections.

The performance of reasonable efforts to place a child for adoption or with a guardian may be made concurrently with making reasonable efforts as defined in this section.

Citation: Iowa Code Ann. § 232.2(4)(h) (LexisNexis through 2011 Supp.)  If reasonable efforts to place a child for adoption or with a guardian are made concurrently with reasonable efforts as defined in § 232.102, the concurrent goals and timelines may be identified. Concurrent case permanency plan goals for reunification and for adoption or for other permanent out-of-home placement of a child shall not be considered inconsistent in that the goals reflect divergent possible outcomes for a child in an out-of-home placement.

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Current Through January 2016

Schedule of Hearings

Citation: Ann. Stat. § 232.104; Admin. Code Tit. 13, § 441-130.7(4)  An initial permanency hearing shall be held:

• Within 12 months of the date the child was removed from the home
• Within 30 days in a case for which the reasonable efforts requirement has been waived

Following an initial permanency hearing and the entry of a permanency order that places a child in the custody or guardianship of another person or agency, the court shall retain jurisdiction and annually review the order to ascertain whether the best interests of the child are being served.

In lieu of the procedures specified above, the court may close the case of a child in need of assistance by transferring jurisdiction over the child’s guardianship to the probate court. Upon transferring jurisdiction, the court shall direct the probate clerk, once the proposed guardian has filed an oath of office and identification in accordance with § 602.6111, to issue letters of appointment for guardianship and docket the case in probate.

In regulation: The reevaluation of the case plan shall be filed at least every 6 months, or more often when there are significant changes, when required by the court, or when required according to the rules of the service.

Persons Entitled to Attend Hearings

Citation: Ann. Stat. § 232.91  Any hearings or proceedings shall not take place without the presence of the child’s parent, guardian, custodian, or guardian ad litem. A parent without custody may petition the court to be made a party to the proceedings.

An agency, facility, institution, or person, including a foster parent or an individual providing preadoptive care, may petition the court to be made a party to the proceedings. If a child is of an appropriate age to attend the hearing but the child does not attend, the court shall determine whether the child was informed of his or her right to attend the hearing.

If a child is of an age appropriate to attend a hearing but the child does not attend, the court shall determine if the child was informed of the child’s right to attend the hearing. A presumption exists that it is in the best interests of a child age 14 or older to attend all hearings and all staff or family meetings involving placement options or services provided to the child. The Department of Human Services shall allow the child to attend all such hearings and meetings unless the attorney for the child finds the child’s attendance is not in the best interests of the child. If the child is excluded from attending a hearing or meeting, the department shall maintain a written record detailing the reasons for excluding the child. A copy of the written record shall be made available to the child upon the request of the child after he or she reaches the age of majority.

For purposes of this section, ‘attend’ includes the appearance of the child at a hearing by video or telephonic means.

Determinations Made at Hearings

Citation: Ann. Stat. § 232.104  During the hearing, the court shall consider the child’s need for a secure and permanent placement in light of any permanency plan or evidence submitted to the court and the reasonable efforts made concerning the child. Upon completion of the hearing, the court shall enter written findings and make a determination identifying a primary permanency goal for the child. If a permanency plan is in effect at the time of the hearing, the court shall also make a determination whether reasonable progress is being made in achieving the permanency goal and complying with the other provisions of that permanency plan.

Permanency Options

Citation: Ann. Stat. § 232.104  After a permanency hearing, the court shall do one of the following:

• Enter an order to return the child to the child’s home
• Enter an order to continue placement of the child for an additional 6 months, at which time the court shall hold a hearing to consider modification of its permanency order
• Direct the county attorney or the attorney for the child to institute proceedings to terminate the parent-child relationship
• Enter an order to do one of the following:
  • Transfer guardianship and custody of the child to a suitable person
  • Transfer sole custody of the child from one parent to another parent
  • Transfer custody of the child to a suitable person for the purpose of long-term care
• If the department has documented to the court’s satisfaction a compelling reason for determining that an order for one of the options listed above would not be in the child’s best interests, order another planned permanent living arrangement for the child

Current Through March 2016

Citation: Ann. Stat. § 232.104(1)(c)  During the [permanency] hearing, the court shall consider the child’s need for a secure and permanent placement in light of any permanency plan or evidence submitted to the court and the reasonable efforts made concerning the child. Upon completion of the hearing, the court shall enter written findings and make a determination based on identifying a primary permanency goal for the child.

Citation: Ann. Stat. § 232B.2  The State is committed to protecting the essential Tribal relations and best interests of an Indian child by promoting practices, in accordance with the Federal Indian Child Welfare Act and other applicable law, designed to prevent the child’s voluntary or involuntary out-of-home placement and, whenever such placement is necessary or ordered, by placing the child, whenever possible, in a foster home, adoptive home, or other type of custodial placement that reflects the unique values of the child’s Tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the child’s Tribe and Tribal community.

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Ann. Stat. §§ 232.102; 232.111; 232.116  The court may waive the requirement for making reasonable efforts when it determines that aggravated circumstances exist, as indicated by any of the following:

• The parent has abandoned the child.
• Grounds for terminating parental rights apply to the child.
• The parent’s rights have been terminated in this or another State with respect to another child who is a member of the same family, and there is clear and convincing evidence to show that the offer or receipt of services would not be likely within a reasonable period of time to correct the conditions that led to the child’s removal.
• The parent has been convicted of the murder or voluntary manslaughter of another child of the parent.
• The parent has been convicted of aiding, abetting, attempting, conspiring in, or soliciting the commission of the murder or voluntary manslaughter of another child of the parent.
• The parent has been convicted of a felony assault that resulted in serious bodily injury of the child or of another child of the parent.

A petition shall be filed under any of the following circumstances:

• The child has been placed in foster care for 15 of the most recent 22 months.
• A court has determined aggravated circumstances exist and has waived the requirement for making reasonable efforts.
• The child is younger than 12 months of age and has been judicially determined to have been abandoned, or the child is a newborn infant whose parent has voluntarily released custody of the child in accordance with chapter 233.
• The parent has been convicted of murder or voluntary manslaughter of another child of the parent.
• The parent has been convicted of aiding, abetting, attempting, conspiring in, or soliciting the commission of murder or voluntary manslaughter of another child of the parent.
• The parent has been convicted of a felony assault that resulted in serious bodily injury to the child or another child of the parent.

The court may terminate a parent’s rights on any of the grounds listed above. The court also may terminate parental rights for any of the following:

• Services offered to the parent have failed to correct conditions that led to the child’s abuse or neglect.
• The child has been in out-of-home care for at least 6 months, and the parents have not maintained significant and meaningful contact with the child
• A child who is age 4 or older has been in out-of home care for at least 12 of the past 18 months and cannot safely be returned home.
• A child who is age 3 or younger has been in out-of-home care for at least 6 of the past 12 months and cannot safely be returned home.
• The parent is incarcerated for a crime against a child or is unlikely to be released from prison for 5 or more years.
• The parent has a chronic mental illness, has been repeatedly institutionalized for mental illness, and presents a danger to self or others.
• The parent has a severe substance-related disorder and presents a danger to self or others.
• The parent has been convicted of a felony and imprisoned for physically or sexually abusing or neglecting any child in the household.
• The parent has been convicted of child endangerment resulting in death or serious injury of any child in the household.
• The parent has been convicted of a felony sex offense against a minor, the parent is divorced from or was never married to the minor’s other parent, and the parent is serving a minimum sentence of confinement of at least 5 years for that offense.

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Ann. Stat. § 232.111  A petition to terminate parental rights is not required when:

• At the option of the Department of Human Services or by order of the court, the child is being cared for by a relative.
• The department has documented a compelling reason for determining that termination would not be in the best interests of the child. A compelling reason can include evidence that the family may achieve reunification within 6 months.
• The department has not provided services within the timeframes indicated in the case plan.

The court need not terminate parental rights when:

• A relative has legal custody of the child.
• The child is over age 10 and objects to the termination.
• There is clear and convincing evidence that termination would be detrimental to the child due to closeness of the parent-child relationship.
• It is necessary to place the child in a hospital or other facility for care and treatment, and the continuation of the parent-child relationship is not preventing a permanent family placement for the child.
• The absence of the parent is due to the parent’s admission or commitment to any institution or health facility or due to active service in the State or Federal armed forces.

Circumstances Allowing Reinstatement of Parental Rights

Citation: Ann. Stat. § 232.117(10)  If a termination of parental rights order is issued on the grounds that the child is a newborn infant whose parent has voluntarily released custody of the child under § 232.116(1)(c), the court shall retain jurisdiction to change a guardian or custodian and to allow a parent whose rights have been terminated to request vacation or appeal of the termination order. Such request must be made within 30 days of issuance of the granting of the termination order. The period for request for vacation or appeal by a parent whose rights have been terminated shall not be waived or extended, and a vacation or appeal shall not be granted for a request made after the expiration of this period. The court shall grant the vacation request only if it is in the best interests of the child.

Current Through February 2013

Infant’s Age

Citation: Ann. Stat. § 233.1

A newborn infant may be relinquished. The term ‘newborn infant’ means a child who is, or who appears to be, 14 days old or younger.

Who May Relinquish the Infant

Citation: Ann. Stat. § 233.2

A parent of a newborn infant may voluntarily release custody of the newborn infant by relinquishing physical custody of the newborn infant, without expressing an intent to again assume physical custody, at an institutional health facility or by authorizing another person to relinquish physical custody on the parent’s behalf.

Who May Receive the Infant

Citation: Ann. Stat. § 233.1

The child be may relinquished to an institutional health facility. The term ‘institutional health facility’ means a hospital, including a facility providing medical or health services that is open 24 hours per day, 7 days per week, and is a hospital emergency room or a health-care facility.

Responsibilities of the Safe Haven Provider

Citation: Ann. Stat. § 233.2

Unless the parent or other person relinquishing physical custody of a newborn infant clearly expresses an intent to return to again assume physical custody of the newborn infant, an individual on duty at the facility at which physical custody of the newborn infant was relinquished shall take physical custody of the newborn infant.

The individual on duty may request the parent or other person to provide the name of the parent or parents and information on the medical history of the newborn infant and the newborn infant’s parent or parents. The individual on duty may perform reasonable acts necessary to protect the physical health or safety of the newborn infant.

As soon as possible after the individual on duty assumes physical custody of a newborn infant, the individual shall notify the Department of Human Services, and the department shall take the actions necessary to assume the care, control, and custody of the newborn infant. Within 24 hours of taking custody of the newborn infant, the department shall notify the juvenile court and the county attorney in writing of the department’s action and the circumstances surrounding the action.

Immunity for the Provider

Citation: Ann. Stat. § 233.2

The individual on duty and the institutional health facility in which the individual was on duty are immune from criminal or civil liability for any acts or omissions made in good faith to comply with this section.

Protection for Relinquishing Parent

Citation: Ann. Stat. §§ 233.2; 233.3; 233.5

The parent or other person is not required to provide his or her name or medical history information.

Any person authorized by the parent to assist with release of custody by relinquishing physical custody of the newborn infant or to otherwise act on the parent’s behalf is immune from criminal prosecution for abandonment or neglect of the newborn infant and civil liability for any reasonable acts or omissions made in good faith in assisting with the release.

In addition to any other privacy protection established in law, a record that is developed, acquired, or held in connection with an individual’s good-faith effort to voluntarily release a newborn infant in accordance with this chapter and any identifying information concerning the individual shall be kept confidential. Such record shall not be inspected or the contents disclosed except as provided in this section.

Effect on Parental Rights

Citation: Ann. Stat. §§ 233.2; 233.4

Upon being notified in writing by the department, the county attorney shall file a petition alleging the newborn infant to be a child in need of assistance and a petition for termination of parental rights. A hearing on a termination of parental rights petition shall be held no later than 30 days after the day the physical custody of the newborn child was relinquished.

Notice of a petition shall be provided to any known parent and shall be served upon any putative father registered with the State Registrar of Vital Statistics.

Either parent of a relinquished newborn infant may intervene in the child in need of assistance or termination of parental rights proceedings held regarding the newborn infant and request that the juvenile court grant custody of the newborn infant to the parent. The requester must show by clear and convincing evidence that the requester is the parent of the newborn infant. If the court determines that the requester is the parent of the newborn infant and that granting custody of the newborn infant to the parent is in the newborn infant’s best interest, the court shall issue an order granting custody of the newborn infant to the parent. In addition to such order, the court may order services for the newborn infant and the parent as are in the best interest of the newborn infant.

Current Through December 2014

Definitions

Citation: Pol. Man. Tit. 13, Ch. D(1)  The term ‘guardian’ means a person who is not the parent of a child, but who has been appointed by the court or juvenile court that has jurisdiction over the child to have a permanent self-sustaining relationship with the child, to make important decisions that have a permanent effect on the life and development of that child, and to promote the general welfare of that child.

Purpose of Guardianship

Citation: Pol. Man. Tit. 13, Ch. D(1)  Guardianship offers more permanency than long-term foster care, but less permanency than a return to the child’s parents or adoption. When parents are unable to provide daily care for their children, and adoption is not warranted, guardianship can keep children rooted, empower families, and provide permanence for children.

Placement with a legal guardian may be appropriate if a child is unlikely to return home in the foreseeable future and adoption is not possible because either:

• The child will not consent to adoption.
• Parental rights cannot be terminated.
• The child continues to benefit from the relationship with the birth family.
• Potential guardians are not willing to adopt the child, even though there is a strong and beneficial emotional bond between them.

The recommendation of guardianship as the child’s permanency goal is appropriate when guardianship will assure the child’s safety and is consistent with the well-being and permanency needs of the child. Guardianship may be in the child’s best interests if the following factors have been considered:

• The wishes of the child’s prospective permanent legal custodian
• The wishes of the child age 10 or older
• The interaction and interrelationship of the child with the birth parents, when applicable, and the prospective permanent legal custodian
• The child’s adjustment to the present home, school, community
• The child’s need for stability and continuity of relationships
• The mental and physical health of all individuals involved

A Guardian’s Rights and Responsibilities

Citation: Pol. Man. Tit. 13, Ch. D(1)  Unless otherwise enlarged or circumscribed by a court having jurisdiction over the child or by operation of law, the right and duties of a guardian with respect to a child are as follows:

• To consent to marriage; enlistment in the armed forces of the United States; or medical, psychiatric, or surgical treatment
• To serve as guardian ad litem, unless the interests of the guardian conflict with the interests of the child or another person has been appointed guardian ad litem
• To serve as custodian, unless another person has been appointed custodian
• To make periodic visits if the guardian does not have physical possession or custody of the child
• To consent to adoption and to make any other decision that the parents could have made when the parent-child relationship existed
• To make other decisions involving protection, education, and care and control of the child
• Make an annual report to the court

Qualifying the Guardian

Citation: Pol. Man. Tit. 13, Ch. D(1)  A potential guardian for a child may be the child’s foster (resource) parent, a relative, or a nonrelated person with whom the child has a relationship. The following factors must be considered when determining the appropriateness of a person to be a child’s guardian:

• The best interests of the child
• The potential guardian’s ability to nurture the child
• The degree of the potential guardian’s commitment to the long-term care of the child
• The potential guardian’s understanding of the role expected and attitude toward the child’s family
• The results of records checks
• A home study, unless the potential guardian is a licensed foster parent or adoptive parent
• A home visit to determine the safety and stability of the home (if not previously done)
• A financial statement by the family to determine the family’s financial means to care for additional children
• Three references provided by the family, with the ability to also check three unsolicited references if needed

Criminal records checks, as well as checks of the central abuse registry and the sex offender registry, must be completed on anyone in the potential guardian’s home who is aged 14 or older. If a home study has been done, and records checks were obtained through the study, checks do not need to be completed.

If any person in the prospective guardian’s household has a record of founded abuse, a criminal conviction, or placement on the sex offender registry, the home shall not be approved for the child’s placement, unless an evaluation of the abuse or criminal conviction determines that the abuse or crime does not warrant prohibiting the placement of the child.

Procedures for Establishing Guardianship

Citation: Ann. Stat. § 232.104; Pol. Man. Tit. 13, Ch. D(1)  During a permanency hearing, the court shall consider the child’s need for a secure and permanent placement in light of any permanency plan or evidence submitted to the court and the reasonable efforts made concerning the child. After a permanency hearing the court may enter an order to transfer guardianship and custody of the child to a suitable person.

Prior to entering a permanency order for guardianship, convincing evidence must exist showing that all of the following apply:

• A termination of the parent-child relationship would not be in the best interests of the child.
• Services were offered to the child’s family to correct the situation that led to the child’s removal from the home.
• The child cannot be returned to the child’s home.

In policy: The Department of Human Services must submit a recommendation for guardianship to the court that includes clear and convincing evidence that:

• Services were offered to the child’s family to correct the situation that led to the child’s removal.
• The child cannot be returned home.
• Adoption would not be a viable permanency option.
• The birth parents support the guardianship recommendation.
• The child is not in need of child welfare services.
• The family team meeting recommendation is for guardianship.
• The child has been living with the prospective guardian for the last 6 months.
• The prospective guardian has a significant relationship with the child and demonstrates a willingness to make a long-term commitment to the child’s care.
• The assessment of the prospective guardian shows that the guardian can meet the needs of the child and that his or her home is safe and stable.
• Guardianship is in the best interests of the child.

Contents of a Guardianship Order

Citation: Ann. Stat. § 232.104; Pol. Man. Tit. 13, Ch. D(1)  Any permanency order may provide restrictions upon the contact between the child and the child’s parent or parents, consistent with the best interests of the child.

In policy: Residual parental rights and responsibilities are not affected by guardianship. However, the court can define or limit the rights of the child’s parents through the guardianship order. Rights that may be affected include visitation, consent to adoption, support, and lines of inheritance.

Modification/Revocation of Guardianship

Citation: Ann. Stat. § 232.104  Following a permanency hearing and the entry of a permanency order that places a child in the custody or guardianship of another person or agency, the court shall retain jurisdiction and annually review the order to ascertain whether the best interests of the child are being served. Any modification shall be accomplished through a hearing procedure following reasonable notice. During the hearing, all relevant and material evidence shall be admitted and procedural due process shall be provided to all parties.

Eligibility for Guardianship Subsidy

Citation: Admin. Code Tit. 441, §§ 204.1; 204.2  This chapter implemented a 5-year demonstration waiver project for a subsidized guardianship program to provide financial assistance to guardians of eligible children who are not able to be adopted and who are not able to return home.

The guardian named in a permanency order under § 232.104 for a child who was previously in the custody of the department is eligible for subsidy when all of the following conditions exist:

• The child has a documented permanency goal of long-term foster care, guardianship, or another planned permanent living arrangement.
• The child has been in a licensed foster care placement and has lived in foster care for at least 6 of the last 12 months.
• The child is either:
  • Age 14 or older and consents to the guardianship
  • Age 12 or older and guardianship has been determined to be in the child’s best interests
  • Under age 12 and part of a sibling group with a child aged 12 or older
• The child has lived in continuous placement with the prospective guardian for the 6 months before initiation of the guardianship subsidy.
• The guardian is a person who has a significant relationship with the child and demonstrates a willingness to make a long-term commitment to the child’s care.
• The child has been randomly selected to participate in the waiver demonstration project.

The guardian may be a relative or nonrelative. Placement with that guardian must be in the best interests of the child. The best-interest determination must be documented in the case file.

The subsidized guardianship applicant or recipient need not reside in Iowa.

Links to Agency Policies

Iowa Department of Human Services, Employee’s Manual, Title 13, Chapter D(1), Subsidized Guardianship (PDF – 133 KB)

Iowa Foster & Adoptive Parents Association, Kinship Caretakers: How to Navigate Iowa’s Child Welfare System (PDF – 1,165 KB)

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Ann. Code §§ 232.84; 232.2(46A), (52)  Within 30 days after the entry of an order transferring custody of a child to an agency for placement, the agency shall exercise due diligence in identifying and providing notice to the child’s grandparents, aunts, uncles, adult siblings, parents of the child’s siblings, and adult relatives suggested by the child’s parents, subject to exceptions due to the presence of family or domestic violence. The notice content shall include, but is not limited to, all of the following:

• A statement that the child has been or is being removed from the custody of the child’s parent or parents
• An explanation of the options the relative has under Federal, State, and other law to participate in the care and placement of the child on a temporary or permanent basis
• A description of the requirements for the relative to serve as a foster family home provider or other type of care provider for the child and the additional services, training, and other support available for children receiving such care
• Information concerning the option to apply for kinship guardianship assistance payments

The options addressed in the notice shall include, but are not limited to, assistance and support options, options for participating in legal proceedings, and any options that may be lost by failure to respond to the notice.

Parents of a sibling are considered relatives to the child for the purposes of placement. The term ‘sibling’ means an individual who is related to another individual by blood, adoption, or affinity through a common legal or biological parent.

Requirements for Placement with Relatives

Citation: Ann. Code § 232.102  A person to whom custody of the child has been transferred pursuant to this section shall file a written report with the court at least every 6 months concerning the status and progress of the child.

Requirements for Placement of Siblings

Citation: Ann. Code § 232.108  If the court orders the transfer of custody of a child and siblings to the Department of Human Services for placement, the department shall make a reasonable effort to place the child and siblings together in the same placement. This requirement remains applicable to custody transfer orders made at separate times and applies in addition to efforts made by the department to place the child with a relative.

If the siblings are not placed in the same placement together, the department shall provide the siblings with the reasons why and the efforts being made to facilitate such placement, or why making efforts for such placement is not appropriate. Unless visiting or ongoing interaction with siblings is suspended or terminated by the court, the department shall make reasonable effort to provide for frequent visits or other ongoing interaction between the child and the child’s siblings from the time of the child’s out-of-home placement until the child returns home or is in a permanent placement.

If an order is entered for termination of parental rights of a child who is subject to this section, and unless the court has suspended or terminated sibling visits or interaction, the department or child-placing agency shall do all of the following to facilitate frequent visits or ongoing interaction between the child and siblings when the child is adopted or enters a permanent placement:

• Include in the training provided to prospective adoptive parents information regarding the importance of sibling relationships to an adopted child and counseling methods for maintaining sibling relationships
• Provide prospective adoptive parents with information regarding the child’s siblings
• Encourage prospective adoptive parents to plan for facilitating postadoption contact between the child and the child’s siblings

Relatives Who May Adopt

Citation: Ann. Code § 600.8  A relative within the fourth degree of kinship may adopt the child.

Requirements for Adoption by Relatives

Citation: Ann. Code § 600.8  If the prospective adoption petitioner is a relative within the fourth degree of kinship who has assumed custody of a minor person to be adopted, a preplacement investigation of this petitioner and a report of the investigation may be completed at a time established by the court or may be waived as provided below.

Any required investigation and report may be waived by the court if the adoption petitioner is related within the fourth degree of kinship to the person to be adopted. However, if an adoption petitioner discloses a criminal conviction or deferred judgment for an offense other than a simple misdemeanor or founded child abuse report, the petitioner shall notify the court of the inclusion of this information in the petition prior to the final adoption hearing, and the court shall make a specific ruling regarding whether to waive any required investigation or report.

Current Through March 2016

What Are Reasonable Efforts

Citation: Ann. Stat. § 232.102  The term ‘reasonable efforts’ refers to efforts made to preserve and unify a family.

Reasonable efforts may include, but are not limited to, family-centered services if the child’s safety in the home can be maintained during the time the services are provided.

The term ‘family-centered services’ means services and other support intended to maintain a child safely with the child’s family or with a relative; to return a child, safely and in a timely manner, to the home of the child’s parent or relative; or to promote the achievement of concurrent planning goals by identifying and helping the child secure placement for adoption, with a guardian, or with other alternative permanent family connections. Family-centered services are adapted to the individual needs of a family in regard to the specific services and other support provided to the child’s family and the intensity and duration of service delivery. Family-centered services are intended to preserve a child’s connections to the child’s neighborhood, community, and family and to improve the overall capacity of the child’s family to provide for the needs of the children in the family.

When Reasonable Efforts Are Required

Citation: Ann. Stat. § 232.102  Reasonable efforts are required:

• Prior to out-of-home placement of a child in foster care to eliminate the need for removal of the child
• To make it possible for the child to return safely to the family’s home

If returning the child to the family’s home is not appropriate or possible, reasonable efforts shall include the efforts made in a timely manner to finalize a permanency plan for the child.

When Reasonable Efforts Are NOT Required

Citation: Ann. Stat. § 232.102  If the court determines by clear and convincing evidence that aggravated circumstances exist, the court may waive the requirement for making reasonable efforts. Aggravated circumstances include:

• The parent has abandoned the child.
• The court finds the child in need of assistance based on a finding of physical or sexual abuse or neglect.
• The parent’s parental rights to another child have been terminated and there is clear and convincing evidence that services likely will not, within a reasonable time, correct the conditions that led to the child’s removal from the home.
• The parent has been convicted of murder or voluntary manslaughter of another child or the attempt to commit either crime.
• The parent has been convicted of a felony assault that resulted in serious bodily injury to the child or another child of the parent.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation: Ann. Stat. §§ 633.560; 633.591A  A petition for the appointment of a guardian on a standby basis may be filed by any person under the same procedure and requirements as provided in §§ 633.591 to 633.597 for appointment of standby conservator.

A person having physical and legal custody of a minor may petition for appointment of standby conservator.

How to Establish a Standby Guardian

Citation: Ann. Stat. §§ 633.591A; 633.571  A verified petition must be filed with the court. The petition shall be acted upon by the court only when an event specified in the petition has occurred.

The court will consider the preference of a child age 14 or older.

How Standby Authority is Activated

Citation: Ann. Stat. § 633.595  Upon a triggering event, confirming documents must be filed with the court. A hearing will be conducted to appoint the standby guardian.

Involvement of the Noncustodial Parent

Citation:
This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

Citation: Ann. Stat. § 633.597  The powers and duties of such a conservator shall be the same as those of a conservator appointed in response to any of the other petitions authorized in the probate code.

Withdrawing Guardianship

Citation: Ann. Stat. § 633.594  The petition may be revoked by the petitioner at any time before appointment of a conservator by the court, provided that the petitioner is of sound mind. Revocation shall be accomplished by the destruction of the petition by the petitioner, or by the execution of an acknowledged instrument of revocation. If the petition has been deposited with the clerk, the revocation may also be deposited there.