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St. Juv. P. § 232B.6
Iowa
Code
Title
VI. Human Services
Subtitle
5. Juveniles
Chapter
232B. Indian Child Welfare Act
232B.6. Emergency removal
of Indian child--foster care placement-- termination of parental rights
1. This chapter shall not be construed to prevent the emergency removal
of an Indian child who is a resident of or is domiciled on an Indian reservation,
but is temporarily located off the reservation, or is away from the child's
parent or Indian custodian, or the emergency placement of such child in
a foster home or institution, under applicable state law, in order to
prevent imminent physical damage or harm to the child. In a case of emergency
removal of an Indian child, regardless of residence or domicile of the
child, the state shall ensure that the emergency removal or placement
terminates immediately when the removal or placement is no longer necessary
to prevent imminent physical damage or harm to the child and shall expeditiously
initiate a child custody proceeding subject to the provisions of this
chapter, transfer the child to the jurisdiction
of the appropriate Indian tribe, or restore the child to the child's parent
or Indian custodian, as may be appropriate.
2.
Within three business days following the issuance of an order of emergency
removal or placement of an Indian child, the court issuing the order shall
notify the Indian child's tribe of the emergency removal or placement
by registered mail, return receipt requested. The notice shall include
the court order, the petition, if applicable, any information required
by this chapter, and a statement informing the child's tribe of the tribe's
right to intervene in the proceeding.
3.
A motion, application, or petition commencing an emergency or temporary
removal under section 232.79 or 232.95 or foster care placement proceeding
under chapter 232 involving an Indian child shall be accompanied by all
of the following:
a.
An affidavit containing the names, tribal affiliations, and addresses
of the Indian
child, and of the child's parents and Indian custodians.
b.
A specific and detailed account of the circumstances supporting the removal
of the child.
c.
All reports or other documents from each public or private agency involved
with the emergency or temporary removal that are filed with the court
and upon which any decision may be based. The reports shall include all
of the following information, when available:
(1)
The name of each agency.
(2)
The names of agency administrators and professionals involved in the removal.
(3)
A description of the emergency justifying the removal of the child.
(4)
All observations made and actions taken by the agency.
(5)
The date, time, and place of each such action.
(6)
The signatures of all agency personnel involved.
(7)
A statement of the specific actions taken and to be taken by each involved
agency to effectuate the safe return of the child to the custody of the
child's parent or Indian custodian.
4.
An emergency removal or placement of an Indian child shall immediately
terminate, and any court order approving the removal or placement shall
be vacated, when the removal or placement is no longer necessary to prevent
imminent
physical damage or harm to the child. In no case shall an emergency removal
or placement order remain in effect for more than fifteen days unless,
upon a showing that continuation of the order is necessary to prevent
imminent physical damage or harm to the child, the court extends the order
for a period not to exceed an additional thirty days. If the Indian child's
tribe has been identified, the court shall notify the tribe of the date
and time of any hearing scheduled to determine whether to extend an emergency
removal or placement order.
5.
Upon termination of the emergency removal or placement order, the child
shall immediately be returned to the custody of the child's parent or
Indian custodian unless any of the following circumstances exist:
a.
The child is transferred to the jurisdiction of the child's tribe.
b.
In an involuntary foster care placement proceeding pursuant to the federal
Indian Child Welfare Act, the court orders that the child shall be placed
in foster
care upon a determination, supported by clear and convincing evidence,
including testimony by qualified expert witnesses, that custody of the
child by the child's parent or Indian custodian is likely to result in
serious emotional or physical damage to the child.
c.
The child's parent or Indian custodian voluntarily consents to the foster
care placement of the child pursuant to the provisions of the federal
Indian Child Welfare Act.
6.
a. Termination of parental rights over an Indian child shall not be ordered
in the absence of a determination, supported by evidence beyond a reasonable
doubt, including the testimony of qualified expert witnesses, that the
continued custody of the child by the child's parent or Indian custodian
is likely to result in serious emotional or physical damage to the child.
b.
Foster care placement of an Indian child shall not be ordered in the absence
of a determination, supported by clear and convincing evidence, including
the testimony
of qualified expert witnesses, that the continued custody of the child
by the child's parent or Indian custodian is likely to result in serious
emotional or physical damage to the child.
CREDIT(S)
Added by Acts 2003 (80
G.A.) ch. 153, § 7.
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