Iowa Code 232.37 – Summons, notice, subpoenas, and service — order for removal
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1. After a petition has been filed the court shall set a time for an adjudicatory hearing and, unless the parties named in subsection 2 voluntarily appear, shall issue a summons requiring the child to appear before the court at a time and place stated and requiring the person who has custody or control of the child to appear before the court and to bring the child with the person at that time. The summons shall attach a copy of the petition and shall give notification of the right to counsel provided for in section 232.11.
Terms Used In Iowa Code 232.37
- Adjudicatory hearing: means a hearing to determine if the allegations of a petition are true. See Iowa Code 232.2
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- 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.
- 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
- 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
- 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
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- Taking into custody: means an act which would be governed by the laws of arrest under the criminal code if the subject of the act were an adult. See Iowa Code 232.2
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. Notice of the pendency of the case shall be served upon the known parents, guardians, or legal custodians of a child if these persons are not summoned to appear as provided in subsection 1. Notice shall also be served upon the child and upon the child’s guardian ad litem, if any. The notice shall attach a copy of the petition and shall give notification of the right to counsel provided for in section 232.11.
3. Upon request of the child who is identified in the petition as a party to the proceeding, the child’s parent, guardian, or custodian; or a county attorney; or on the court’s own motion, the court or the clerk of the court shall issue subpoenas requiring the attendance and testimony of witnesses and production of papers at any hearing under this subchapter.
4. Service of summons or notice shall be made personally by the sheriff by delivering a copy of the summons or notice to the person being served. If the court determines that personal service of a summons or notice is impracticable, the court may order service by certified mail addressed to the last known address, by publication, or by electronic mail or other electronic means with the consent of the party to be served. Service of summons or notice shall be made not less than five days before the time fixed for hearing. Service of summons, notice, subpoenas or other process, after an initial valid summons or notice, shall be made in accordance with the rules of the court governing such service in civil actions.
5. If a person personally served with a summons or subpoena fails without reasonable cause to appear or to bring the child, the person may be proceeded against for contempt of court or the court may issue an order for the arrest of such person or both the arrest of the person and the taking into custody of the child.
6. The court may issue an order for the removal of the child from the custody of the child’s parent, guardian, or custodian when there exists an immediate threat that the parent, guardian, or custodian will flee the state with the child, or when it appears that the child’s immediate removal is necessary to avoid imminent danger to the child’s life or health.