1. The juvenile court may enter an ex parte order directing a peace officer or a juvenile court officer to take custody of a child before or after the filing of a petition under this chapter provided all of the following apply:
a. The person responsible for the care of the child is absent, or though present, was asked and refused to consent to the removal of the child and was informed of an intent to apply for an order under this section, or there is reasonable cause to believe that a request for consent would further endanger the child, or there is reasonable cause to believe that a request for consent will cause the parent, guardian, or legal custodian to take flight with the child.
b. It appears that the child's immediate removal is necessary to avoid imminent danger to the child's life or health.
c. There is not enough time to file a petition and hold a hearing under section 232.95.
2. The order shall specify the facility to which the child is to be brought. Except for good cause shown or unless the child is sooner returned to the place where the child was residing or permitted to return to the child day care facility, a petition shall be filed under this chapter within three days of the issuance of the order.
3. The juvenile court may enter an order authorizing a physician or hospital to provide emergency medical or surgical procedures before the filing of a petition under this chapter provided:
a. Such procedures are necessary to safeguard the life and health of the child; and
b. There is not enough time to file a petition under this chapter and hold a hearing as provided in section 232.95.
4. The juvenile court, before or after the filing of a petition under this chapter, may enter an ex parte order authorizing a physician or hospital to conduct an outpatient physical examination or authorizing a physician, a psychologist certified under section 154B.7, or a community mental health center accredited pursuant to chapter 230A to conduct an outpatient mental examination of a child if necessary to identify the nature, extent, and cause of injuries to the child as required by section 232.71, subsection 2, provided all of the following apply:
a. The parent, guardian, or legal custodian is absent, or though present, was asked and refused to provide written consent to the examination.
b. The juvenile court has entered an ex parte order directing the removal of the child from the child's home or a child day care facility under this section.
c. There is not enough time to file a petition and to hold a hearing as provided in section 232.98.
5. Any person who may file a petition under this chapter may apply for, or the court on its own motion may issue, an order for temporary removal under this section. An appropriate person designated by the court shall confer with a person seeking the removal order, shall make every reasonable effort to inform the parent or other person legally responsible for the child's care of the application, and shall make such inquiries as will aid the court in disposing of such application.
[C79, 81, § 232.78]
84 Acts, ch 1279, § 9; 85 Acts, ch 173, §10, 11; 89 Acts, ch 230, §14; 94 Acts, ch 1172, §23
Referred to in § 232.44, 232.79, 232.95, 232.98
Iowa General Assembly
Search: Iowa Code 1997
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