1. A child‘s guardian, guardian ad litem, or custodian, the department of human services, a juvenile court officer, or the county attorney may file a petition for termination of the parent-child relationship and parental rights with respect to a child.
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Terms Used In Iowa Code 232.111

  • Case permanency plan: means the plan, mandated by Pub. See Iowa Code 232.2
  • Child: means any person under the age of eighteen years. See Iowa Code 232.68
  • clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
  • Court: means the juvenile court established under section 602. See Iowa Code 232.2
  • Custodian: means a stepparent or a relative within the fourth degree of consanguinity to a child who has assumed responsibility for that child, a person who has accepted a release of custody pursuant to subchapter IV, or a person appointed by a court or juvenile court having jurisdiction over a child. See Iowa Code 232.2
  • Department: means the state department of human services and includes the local, county, and service area offices of the department. See Iowa Code 232.68
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Foster care: means the provision of parental nurturing, including but not limited to the furnishing of food, lodging, training, education, supervision, treatment, or other care, to a child on a full-time basis by a person, including an adult relative or fictive kin of the child, and where the child is under the placement, care, or supervision of the department, juvenile court services, or tribes with whom the department has entered into an agreement pursuant to a court order or voluntary placement, but not including a guardian of the child. See Iowa Code 232.2
  • Guardian: means a person who is not the parent of a child, but who has been appointed by a court having jurisdiction over the child, to have a permanent self-sustaining relationship with the child and to make important decisions which have a permanent effect on the life and development of that child and to promote the general welfare of that child. See Iowa Code 232.2
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Judge: means the judge of a juvenile court. See Iowa Code 232.2
  • Juvenile: means the same as "child". See Iowa Code 232.2
  • Juvenile court officer: means a person appointed as a juvenile court officer under section 602. See Iowa Code 232.2
  • month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
  • Parent: means a biological or adoptive mother or father of a child; or a father whose paternity has been established by operation of law due to the individual's marriage to the mother at the time of conception, birth, or at any time during the period between conception and birth of the child, by order of a court of competent jurisdiction, or by administrative order when authorized by state law. See Iowa Code 232.2
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • Petition: means a pleading the filing of which initiates formal judicial proceedings in the juvenile court. See Iowa Code 232.2
  • Petitioner: includes each dependent person for whom support is sought in a proceeding instituted pursuant to this chapter or a mother or putative father of a dependent. See Iowa Code 252A.2
  • relative: includes the parent of a sibling of the child if the sibling's parent's parental rights were not previously terminated in relation to the child. See Iowa Code 232.2
  • Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
  • state: means the general interest held by the people in the health, safety, welfare, and protection of all children living in this state. See Iowa Code 232.90
  • Termination of the parent-child relationship: means the divestment by the court of the parent's and child's privileges, duties, and powers with respect to each other. See Iowa Code 232.2
 2. a. Unless any of the circumstances described in paragraph “b” exist, the county attorney shall file a petition for termination of the parent-child relationship and parental rights with respect to a child or if a petition has been filed, join in the petition, under any of the following circumstances:

 (1) The child has been placed in foster care for fifteen months of the most recent twenty-two-month period. The petition shall be filed by the end of the child’s fifteenth month of foster care placement.
 (2) A court has determined aggravated circumstances exist and has waived the requirement for making reasonable efforts, as defined in section 232.102A, because the court has found the circumstances described in section 232.116, subsection 1, paragraph “i”, are applicable to the child.
 (3) The child is less than twelve months of age and has been judicially determined to have been abandoned or the child is a newborn infant whose parent has voluntarily released custody of the child in accordance with chapter 233.
 (4) The parent has been convicted of the murder or the voluntary manslaughter of another child.
 (5) The parent has been convicted of aiding or abetting, attempting, conspiring in, or soliciting the commission of the murder or voluntary manslaughter of another child.
 (6) The parent has been convicted of a felony assault which resulted in serious bodily injury of the child or of another child.
 b. If any of the following conditions exist, the county attorney is not required to file a petition or join in an existing petition as provided in paragraph “a”:

 (1) At the option of the department or by order of the court, the child is being cared for by a relative.
 (2) The department or a state agency has documented in the child’s case permanency plan provided or available to the court a compelling reason for determining that filing the petition would not be in the best interest of the child. A compelling reason shall include but is not limited to documentation in the child’s case permanency plan indicating it is reasonably likely the completion of the services being received in accordance with the permanency plan will eliminate the need for removal of the child or make it possible for the child to safely return to the family’s home within six months.
 (3) The department has not provided the child’s family, consistent with the time frames outlined in the child’s case permanency plan, with those services the state deems necessary for the safe return of the child to the child’s home, and the limited extension of time necessary to complete the services is clearly documented in the case permanency plan.
 3. The department, juvenile court officer, county attorney or judge may authorize any competent person having knowledge of the circumstances to file a termination petition with the clerk of the court without the payment of a filing fee.
 4. A petition for termination of parental rights shall include the following:

 a. The legal name, age, and domicile, if any, of the child.
 b. The names, residences, and domicile of any:

 (1) Living parents of the child.
 (2) Guardian of the child.
 (3) Custodian of the child.
 (4) Guardian ad litem of the child.
 (5) Petitioner.
 (6) Person standing in the place of the parents of the child.
 c. A plain statement of those facts and grounds specified in section 232.116 which indicate that the parent-child relationship should be terminated.
 d. A plain statement explaining why the petitioner does not know any of the information required under paragraphs “a” and “b” of this subsection.
 e. A complete list of the services which have been offered to preserve the family and a statement specifying the services provided to address the reasons stated in any order for removal or in any dispositional or permanency order which did not return the child to the child’s home.
 f. The signature and verification of the petitioner.
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