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.

If removal is ordered, the order shall, in addition, contain a statement that removal from the home is the result of a determination that continuation in the home would be contrary to the welfare of the child, and that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home. 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

Internal References

  Referred to in § 232.44, 232.78, 232.96, 232.104, 600A.7


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