1. As used in this section, “state” means the general interest held by the people in the health, safety, welfare, and protection of all children living in this state.

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Terms Used In Iowa Code 232.90

  • Child: means any person under the age of eighteen years. See Iowa Code 232.68
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Intake: means the preliminary screening of complaints by an intake officer to determine whether the court should take some action and if so, what action. See Iowa Code 232.2
  • 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
  • Party: means a petitioner, a respondent, or a person who intervenes in a proceeding instituted under this chapter. See Iowa Code 252A.2
  • Petition: means a pleading the filing of which initiates formal judicial proceedings in the juvenile court. See Iowa Code 232.2
  • 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
 2. The county attorney shall represent the state in proceedings arising from a petition filed under this subchapter and shall present evidence in support of the petition. The county attorney shall be present at proceedings initiated by petition under this subchapter filed by an intake officer or the county attorney, or if a party to the proceedings contests the proceedings, or if the court determines there is a conflict of interest between the child and the child’s parent, guardian, or custodian or if there are contested issues before the court.
 3.  If there is disagreement between the department and the county attorney regarding the appropriate action to be taken, the department may request that the state be represented by the attorney general in place of the county attorney. If the state is represented by the attorney general, the county attorney may continue to appear in the proceeding and may present the position of the county attorney regarding the appropriate action to be taken in the case.
 4. The county attorney and the attorney general shall comply with the requirements of chapter 232B and the federal Indian Child Welfare Act, Pub. L. No. 95-608, when either chapter 232B or the federal Indian Child Welfare Act is determined to be applicable in any proceeding under this subchapter.