These are the usual steps in a Child in Need of Assistance (CINA) Case in Iowa (not all steps happen in every case, and if the judge determines the problem is resolved, the case can be terminated at any stage. The judge can also keep a case open but return the child home with continued services. Reasonable efforts must be undertaken to provide services to assist the parent to keep the child at home. These services include services that the parent and case manager decide are necessary to assist the family. At each hearing, the judge will decide if Reasonable Efforts have been made to reunite the child with his/her family or have been made to establish a permanent placement for the child if the child cannot return home.
1. Abuse or Neglect Report received by Department of Human Services (DHS)
2. DHS worker conducts assessment/ intake. Assessment must be completed within 20 working days. An assessment may be founded and placed on the central child abuse registry, confirmed but not registered, or unconfirmed.
3. One of the following DHS recommendations usually occurs:
a. The case closed because the child can remain at home safely.
b. The child is allowed to remain in the home, but the case remains open, and community based services are offered to keep the child at home.
c. The child is allowed to remain in the home, but a CINA petition is requested by the County Attorney. Services are offered.
d. The child is removed and placed somewhere (foster home, shelter) until a hearing can be held by the court to decide if the child can be returned home or remain in care. A CINA petition is filed by the County Attorney and services are offered. A child is removed if a juvenile judge is presented evidence by a person familiar with the case that the child is in imminent danger. If family preservation services can alleviate the imminent danger to the child, they must be used before a removal. If only one parent or adult in the home poses a risk to the child, the court can order removing the parent rather than the child.
e. The child is removed and cannot ever return safely to the parents’ home so a permanent home must be found. A court orders the removal of the child from the home.
4. A Removal Hearing is held by the Juvenile Court if the child is removed from the home. This hearing must be within 10 days. The purpose is to determine if the removal must continue or whether the child can return home safely with services and supervision in place.
a. If the judge decides the child cannot return home right now, and the child is 3 years old or younger, the child must be returned home within 6 months or the state may petition for the termination of parental rights.
b. If the child is 4 years old or older and is removed, the child must be returned within 12 months or the state may petition for the termination of parental rights.
5. An Adjudicatory Hearing is held by the Juvenile Court. Must be held within 60 days of the filing of the CINA petition. An adjudicatory hearing is to determine if the facts in the CINA petition are correct. At this hearing the judge determines if the child is in need of assistance. The judge determines where the child will stay:
a. The child could remain in the home with services provided to keep the family together.
b. The child could be returned home with services provided to help the family.
c. The child could be placed with a relative, with services offered to help the return of the child.
d. The child could be placed in a foster home or another placement with return home as the permanency plan.
There are 16 statutory grounds within which a child under the age of 18, can be adjudicated to be a child in need of assistance (Iowa Code section 232.2(6)). These grounds for adjudication include physical abuse, sexual abuse and neglect, testing positive for an illegal substance due to the acts or omissions of the child’s parent or caretaker, child suffers from a severe mental illness for which the parents are not able to provide treatment, or the parent is unable to provide adequate food, clothing, or shelter to the child among others.
6. A Disposition Hearing is held by the Juvenile Court. The dispositional hearing is usually held within 45 days from the date of adjudication, but may be held at the same time as adjudication if all parties agree. The purpose is to determine the child’s custody, placement, and services for up to the next 6 months. The social history and case permanency plan will be presented. The judge often relies on a disposition report developed by DHS. At this hearing, the parents are told what services will be available to you and what the parents need to accomplish before the next hearing. Services commonly provided include:
a. Psychological evaluations
b. Therapy
c. Parenting classes
d. In-home support services
e. Drug/alcohol treatment
f. Sexual offender programs
If the child has been removed, a plan must detail what the parent must do to get the child back. There are basically 2 kinds of disposition:
a. The child remains in the home and parents are required to cooperate with service providers.
b. Child is removed from the parent and the parent required to participate in services to regain custody of the child.
7. Review Hearings are held by the Juvenile Court within 6 months of the dispositional hearing when a child has been removed. A review hearing must be held if the child was removed from custody. The review includes reviewing progress in keeping the child safe at home or having the child returned to home. Review hearings must be held at least every 12 months after that or more frequently as ordered by the judge.
8. Permanency hearing is held if the child is living outside of the parent’s home. 12 months from the time the child has been out of the home, a hearing must be held to decide the permanent goal for the child and to implement the permanency plan, and reviewed every 6 months thereafter to address reasonable efforts to finalize a permanency plan. Options include:
a. Return home if possible.
b. Adoption- DHS must report on permanent placement within 45 days and a review hearing is held every 6 months until the adoption is finalized.
c. Guardianship usually with a relative
d. Custody by relative or other suitable caretaker
e. Other planned permanent living arrangement.
f. Foster care if the judge determines that termination of rights is not in the child’s best interests.
9. Termination of the case or parental rights. Termination hearing is held to determine if the parental rights should be ended and the child freed for adoption. Terminating the parental rights means the parent will no longer have future rights concerning the child. The petition may be filed after 6 months of removal for the child under the age of 4, and after 12 months if the child is 4 or older. A petition must be filed if the child has been out of the home for 15 of the last 22 months unless a compelling reason is documented in the case permanency plan. The state may also terminate parental rights sooner when the parent has abandoned the child, the abuse so severe that there is no hope to return the child, when parent is facing long incarceration, and other grounds. The termination hearing may also consider other permanency options for the child. Most cases do not end in termination of rights and the child returns home and the case is terminated.
10. Appeal. DHS, child, or parent may appeal to a higher court. The order in place at the time of the appeal is followed unless the appellate court overturns the order. If an appeal is going to be filed, it must be filed within 15 days of the date on the judge’s final order (Adjudication order or placement of child).
A Modification Hearing can take place whenever there are major changes in the case that needs court action.
Concurrent planning may be ordered by the judge so that District Court can determine custody issues concurrently with the juvenile court.
Parents’Rights: In juvenile court, a parent has a right to
1. To an attorney (court appointed if you are considered indigent) (One for each parent in some cases. The child may have an attorney and a Guardian ad Litem (who undertakes an independent investigation to determine what is in the child’s best interests) which you may be required to reimburse).
2. To an interpreter if you do not speak or understand English well
3. To a visit plan for the child unless the court otherwise directs.
4. To speak to a social worker or supervisory staff.
5. To be involved in the development of the case permanency plan and to receive a copy
6. To speak in court
7. To be notified of planning meetings, staffing, court dates
8. To attend appointments for your child with the school, doctors, staffing, court
9. To receive court reports, orders and other reports (if an attorney is involved he/she will obtain the reports and provide them to their client).
10. To make important decisions concerning the child unless guardianship has been ordered to another person or agency.
11. To suggest a relative or other good placement for your child if the child cannot remain in your home.
12. To other rights if the child or you has American Indian or Native American heritage under the Indian Child Welfare Act (ICWA).
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