232.82 Removal of sexual offenders and physical abusers from the residence pursuant to court order.
1. Notwithstanding section 561.15, if it is alleged by a person authorized to file a petition under section 232.87, subsection 2, or by the court on its own motion, that a parent, guardian, custodian, or an adult member of the household in which a child resides has committed a sexual offense with or against the child, pursuant to chapter 709 or section 726.2, or a physical abuse as defined by section 232.2, subsection 42, the juvenile court may enter an ex parte order requiring the alleged sexual offender or physical abuser to vacate the child’s residence upon a showing that probable cause exists to believe that the sexual offense or physical abuse has occurred and that substantial evidence exists to believe that the presence of the alleged sexual offender or physical abuser in the child’s residence presents a danger to the child’s life or physical, emotional, or mental health.
2. If an order is entered under subsection 1 and a petition has not yet been filed under this chapter, the petition shall be filed under section 232.87 by the county attorney, the department of human services, or a juvenile court officer within three days of the entering of the order.
3. The juvenile court may order on its own motion, or shall order upon the request of the alleged sexual offender or physical abuser, a hearing to determine whether the order to vacate the residence should be upheld, modified, or vacated. The juvenile court may in any later child in need of assistance proceeding uphold, modify, or vacate the order to vacate the residence.
[82 Acts, ch 1209, §14]
83 Acts, ch 96, §157, 159; 83 Acts, ch 186, §10055, 10201; 86 Acts, ch 1186, §6; 90 Acts, ch 1251, §27
Structure Iowa Code
Chapter 232 - JUVENILE JUSTICE
Section 232.1 - Rules of construction.
Section 232.1A - Foster care placement — annual goal.
Section 232.3 - Concurrent court proceedings.
Section 232.4 - Jurisdiction — support obligation.
Section 232.5 - Abortion performed on a minor — waiver of notification proceedings.
Section 232.6 - Jurisdiction — adoptions and terminations of parental rights.
Section 232.7 - Iowa Indian child welfare Act.
Section 232.7A - Rules of juvenile procedure.
Section 232.7B - Applicability of this chapter prior to July 1, 1979.
Section 232.9 - Motion for change of judge.
Section 232.11 - Right to assistance of counsel.
Section 232.12 - Duties of county attorney.
Section 232.13 - State liability.
Section 232.19 - Taking a child into custody.
Section 232.20 - Admission of child to shelter care or detention.
Section 232.21 - Placement in shelter care.
Section 232.22 - Placement in detention.
Section 232.23 - Detention — youthful offenders.
Section 232.28A - Victim rights.
Section 232.29 - Informal adjustment.
Section 232.35 - Filing of petition.
Section 232.36 - Contents of petition.
Section 232.37 - Summons, notice, subpoenas, and service — order for removal.
Section 232.38 - Presence of parents at hearings.
Section 232.39 - Exclusion of public from hearings.
Section 232.40 - Other issues adjudicated.
Section 232.41 - Reporter required.
Section 232.42 - Continuances.
Section 232.43 - Answer — plea agreement — acceptance of plea admitting allegations of petition.
Section 232.45 - Waiver hearing and waiver of jurisdiction.
Section 232.45A - Waiver to and conviction by district court — processing.
Section 232.46 - Consent decree.
Section 232.47 - Adjudicatory hearing — findings — adjudication.
Section 232.48 - Predisposition investigation and report.
Section 232.49 - Physical and mental examinations.
Section 232.50 - Dispositional hearing.
Section 232.51 - Disposition of child with mental illness.
Section 232.52 - Disposition of child found to have committed a delinquent act.
Section 232.52A - Disposition of certain juvenile offenders.
Section 232.53 - Duration of dispositional orders.
Section 232.54 - Termination, modification, or vacation and substitution of dispositional order.
Section 232.55 - Effect of adjudication and disposition.
Section 232.56 - Youthful offenders — transfer to district court supervision.
Section 232.57 - Reasonable efforts defined — effect of aggravated circumstances.
Section 232.58 - Permanency hearings.
Section 232.61 - Jurisdiction.
Section 232.67 - Legislative findings — purpose and policy.
Section 232.69 - Mandatory and permissive reporters — training required.
Section 232.70 - Reporting procedure.
Section 232.71B - Duties of the department upon receipt of report.
Section 232.71C - Court action following assessment — guardian ad litem.
Section 232.71D - Founded child abuse — central registry.
Section 232.72 - Jurisdiction — transfer.
Section 232.73 - Medically relevant tests — immunity from liability.
Section 232.73A - Retaliation prohibited — remedy.
Section 232.74 - Evidence not privileged or excluded.
Section 232.76 - Publicity, educational, and training programs.
Section 232.77 - Photographs, X rays, and medically relevant tests.
Section 232.78 - Temporary custody of a child pursuant to ex parte court order.
Section 232.79 - Custody without court order.
Section 232.79A - Children without adult supervision.
Section 232.80 - Homemaker services.
Section 232.83 - Child sexual abuse involving a person not responsible for the care of the child.
Section 232.84 - Transfer of custody — notice to adult relatives.
Section 232.87 - Filing of a petition — contents of petition.
Section 232.88 - Summons, notice, subpoenas, and service.
Section 232.89 - Right to and appointment of counsel.
Section 232.90 - Duties of county attorney.
Section 232.92 - Exclusion of public from hearings.
Section 232.93 - Other issues adjudicated.
Section 232.94 - Reporter required.
Section 232.94A - Records — subsequent hearings.
Section 232.95 - Hearing concerning temporary removal.
Section 232.96 - Adjudicatory hearing.
Section 232.97 - Social investigation and report.
Section 232.98 - Physical and mental examinations.
Section 232.99 - Dispositional hearing — findings.
Section 232.100 - Suspended judgment.
Section 232.101 - Retention of custody by parent.
Section 232.101A - Appointment of guardian.
Section 232.102 - Transfer of legal custody of child and placement.
Section 232.103 - Termination, modification, vacation, and substitution of dispositional order.
Section 232.104 - Permanency hearing — permanency order — subsequent proceedings.
Section 232.106 - Terms and conditions on child’s parent.
Section 232.107 - Parent visitation.
Section 232.108 - Visitation or ongoing interaction with siblings.
Section 232.109 - Jurisdiction.
Section 232.112 - Notice — service.
Section 232.113 - Right to and appointment of counsel.
Section 232.114 - Duties of county attorney.
Section 232.115 - Reporter required.
Section 232.116 - Grounds for termination.
Section 232.117 - Termination — findings — disposition.
Section 232.118 - Removal of guardian.
Section 232.119 - Adoption exchange established.
Section 232.120 - Preadoptive care — continued placement.
Section 232.122 - Jurisdiction.
Section 232.126 - Appointment of counsel and guardian ad litem.
Section 232.127 - Hearing — adjudication — disposition.
Section 232.142 - Maintenance and cost of juvenile homes — fund.
Section 232.143 - Service area group foster care budget targets.
Section 232.147 - Confidentiality of juvenile court records.
Section 232.148 - Fingerprints — photographs.
Section 232.149A - Confidentiality orders.
Section 232.149B - Public records orders.
Section 232.150 - Sealing of records.
Section 232.151 - Criminal penalties.
Section 232.152 - Rules of juvenile procedure.
Section 232.153 - Applicability of this chapter prior to July 1, 1979.
Section 232.158 - Interstate compact on placement of children.
Section 232.158A - Legal risk placement.
Section 232.159 - Financial responsibility.
Section 232.160 - Department of human services as public authority.
Section 232.161 - Department as authority in receiving state.
Section 232.162 - Authority to enter agreements.
Section 232.163 - Visitation, inspection, or supervision.
Section 232.164 - Court authority to place child in another state.
Section 232.165 - Executive head.
Section 232.166 - Statutes not affected.
Section 232.168 - Attorney general to enforce.
Section 232.171 - Interstate compact on juveniles.
Section 232.172 - Confinement of delinquent juvenile.
Section 232.173 - Interstate compact for juveniles.
Section 232.175 - Placement oversight.
Section 232.176 - Jurisdiction.
Section 232.179 - Appointment of counsel and guardian ad litem.
Section 232.180 - Duties of county attorney.
Section 232.181 - Social history report.
Section 232.182 - Initial determination.
Section 232.183 - Dispositional hearing.
Section 232.187 - Regional out-of-state placement committees.
Section 232.188 - Decategorization of child welfare and juvenile justice funding initiative.
Section 232.189 - Reasonable efforts administrative requirements.
Section 232.190 - Community grant fund.
Section 232.191 - Early intervention and follow-up programs.