232.183  Dispositional hearing.

1.  Following an entry of an initial determination order pursuant to section 232.182, the court shall hold a dispositional hearing in order to determine the future status of the child based on the child's best interests. Notice of the hearing shall be given to the child and the child's parent, guardian, or custodian, and the department.

2.  The dispositional hearing shall be held within twelve months of the date the child was placed in foster care.

3.  A dispositional hearing is open to the public unless the court, on the motion of any of the parties or upon the court's own motion, excludes the public. The court shall exclude the public from a hearing if the court determines that the possibility of damage or harm to the child outweighs the public's interest in having an open hearing. Upon closing the hearing to the public, the court may admit those persons who have direct interest in the case or in the work of the court.

4.  The hearing shall be informal and all relevant and material evidence shall be admitted.

5.  Following the hearing, the court shall issue a dispositional order. The dispositional orders which the court may enter, subject to its continuing jurisdiction, are as follows:

a.  An order that the child's voluntary placement shall be terminated and the child returned to the child's home and provided with available services and support needed for the child to remain in the home.

b.  An order that the child's voluntary placement may continue if the department and the child's parent or guardian continue to agree to the voluntary placement.

c.  If the court finds that the child's parent, guardian, or custodian has failed to fulfill responsibilities outlined in the case permanency plan, an order that the child remain in foster care and that the county attorney or department file, within three days, a petition alleging the child to be a child in need of assistance.

6.  With respect to each child whose placement was approved pursuant to subsection 5, the court shall continue to hold periodic dispositional hearings. The hearings shall not be waived or continued beyond twelve months following the last dispositional hearing. After a dispositional hearing, the court shall enter one of the dispositional orders authorized under subsection 5.

7.  A dispositional hearing is not required if the court has approved the local citizen foster care review board review procedure, and all parties agree. This provision does not eliminate the initial judicial determination required under section 232.182.

Section History: Recent form

  89 Acts, ch 169, § 10; 92 Acts, ch 1141, § 3; 92 Acts, ch 1229, § 16; 93 Acts, ch 172, §36, 56; 97 Acts, ch 99, § 8, 9


  Program for support of families of children with mental retardation or other developmental disability; 98 Acts, ch 1218, §39

  Dispositional review of orders for group foster care placement in effect on September 6, 2000; 99 Acts, ch 111, §6, 7

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