Child in Need of Assistance

The Juvenile Bureau of the Polk County Attorney’s Office is responsible for the screening of requests made by the Iowa Department of Health and Human Services for the removal of children and the filing of Child in Need of Assistance petitions. The county attorney represents the state in proceedings arising from a child in need of assistance petition and presents evidence in support of the petition.

If the State is seeking the removal of a child from a custodian, the State must establish that there is clear and convincing evidence that the child’s immediate removal is necessary to avoid imminent danger to the child’s life or health.  The court must also find that substantial evidence exists to demonstrate that the need for removal outweighs the potential harm removal of the child would cause the child, including but not limited to any physical, emotional, social, and mental trauma the removal may cause the child.

In making a decision as to whether or not a Child in Need of Assistance petition should be filed, the State must establish that there is evidence to support one or more of the 17 grounds for the filing of a petition under Iowa Code Section 232.96A and that the court’s aid is necessary to remedy concerns that brought the family to the attention of the court. Often times there are situations in which adequate safety measures have been enacted so that a Child in Need of Assistance petition is not necessary. In these instances the Department of Health and Human Services strives to provide families with additional services and resources to alleviate future concerns.

Child in Need of Assistance Proceedings

Adjudication

In Iowa there are 17 statutory grounds within which a child, under the age of 18, can be adjudicated to be a child in need of assistance under Iowa Code Section 232.96A. The most commonly used grounds for adjudication are the provisions defining physical abuse, sexual abuse, neglect or a child who has tested positive for an illegal substance due to the acts or omissions of the child’s parent or caretaker.

At the adjudication hearing, the state is required to prove that the child is in fact a child in need of assistance within the meaning of one or more of the 17 CINA statutory grounds and that the court’s aid is necessary. The state, which is represented by the county attorney, is often opposed in these cases by the child’s parent(s). However, parents are sometimes in agreement that their child is in need of services or out-of-home placement. Parents can be provided an attorney at state expense if they cannot afford one. The child is provided guardian ad litem to represent the child’s interests in all CINA proceedings. The term guardian ad litem basically means that the attorney not only represents the stated wishes of the child, but also undertakes an independent investigation to determine what is in the child’s best interests. In some cases, a child is represented by an attorney as well as guardian ad litem.

Removal

Even prior to the adjudication hearing, the state can seek to remove a child or children from parental custody if danger is imminent. A juvenile judge may remove children from their home without a hearing if the judge is presented evidence that the children are in imminent danger. If there is a removal without a hearing, a hearing must be held within 10 days after the removal. The court’s goal is to keep families together if this can be done safely and without exposing the child to harm.

Family preservation services are available to assist families through periods of crisis. If family preservation services are available to alleviate imminent danger to children, they must be attempted prior to removal. Additionally, Iowa law provides that if only one parent or adult in the home poses a risk to the children, the court can enter an order removing the parent/adult from the home rather than the children.

Disposition

The disposition hearing is held following the adjudication hearing.  At this hearing, the judge determines what services should be provided to the parent(s) to help address the concerns that led to the need for adjudication. The judge relies on a disposition report developed by a DHHS social worker in conduction with the parents. If the child has been removed from the parent, a plan is set out that details what the parent must do to regain custody.  Typically, the child also receives services.

Services most commonly provided for parents include substance use disorder evaluations, substance use disorder treatment, mental health evaluations, individual therapy, psychological evaluations, parenting assessment and classes, in-home support services, domestic violence services, supervised family contact and sexual offender treatment programs.

Reviews

All CINA cases in which the child has been removed from the home come on for review hearings before a juvenile judge at least every six months but often much sooner. At a review hearing, the judge will review the progress of the parents, the condition of the child, and the placement of the child if the child was removed from their parents.

Permanency

Iowa law requires that a permanent placement plan for the child be developed no later than one year after the child was removed from parental custody.  After the child has been out of the home for one year, a permanency hearing is held at which time a permanent plan is instituted. If possible, the child should be returned to their parent(s) by the time of the permanency hearing. However, if the parent(s) are not a safe option, other plans must be made. If the child cannot be returned home, parental rights can be terminated so that the child can be freed for adoption, custody can be transferred to the non-custodial parent, a six-month extension can be granted or guardianship with a caretaker can be ordered when a child is placed with a relative. A juvenile judge can order continued foster care. However, this is only ordered if the judge finds that a termination of parental rights is not in the child’s best interests.

Termination of Parental Rights

A juvenile judge may enter an order terminating a parent’s parental rights. Such an order permanently ends the parent’s legal relationship to the child and frees the child for adoption. In Iowa, if a child three years of age or younger has been in foster care for six months or more, the state may file a petition to terminate the parent’s parental rights. If a child is four years of age or older, the state may seek a termination of parental rights after the child has been in foster care for 12 months or more. There are certain instances when the state may seek to terminate parental rights even sooner such as when a parent has abandoned the child, when the abuse has been so severe that there is no hope to return the child to the parent, or when the parent is facing long term incarceration.