Iowa Code § 232.91 - Presence of child, parents, guardian ad litem, and others at hearings — additional parties — department recordkeeping
AI-assisted research summary: The provision requires certain people to be present at juvenile hearings, gives some people the right to be heard, lets some parties ask to join the case, and requires the department to let eligible children attend unless an attorney says attendance is not in the child’s best interests.
1. Any hearings or proceedings under this subchapter subsequent to the filing of a petition shall not take place without the presence of the child’s parent, guardian, custodian, or guardian ad litem in accordance with and subject to section 232.38. A parent without custody shall be made a party to proceedings under this subchapter. 2. An agency, facility, institution, adult relative with a substantial relationship to the child, fictive kin, or individual providing custodial care to the child may petition the court to be made a party to proceedings under this subchapter. 3. Any person who is entitled under section 232.88 to receive notice of a hearing concerning a child shall be given the opportunity to be heard in any other review or hearing involving the child. A foster parent, adult relative, or other individual with whom a child has been placed for preadoptive care shall have the right to be heard in any proceeding involving the child. If a child is of an age appropriate to attend the hearing but the child does not attend, the court shall determine if the child was informed of the child’s right to attend the hearing. A presumption exists that it is in the best interests of a child ten years of age or older to attend all hearings. 4. If a child is of an age appropriate to attend a hearing but the child does not attend, the court shall determine if the child was informed of the child’s right to attend the hearing. A presumption exists that it is in the best interests of a child ten years of age or older to attend all hearings and all staff or family meetings involving placement options or services provided to the child. The department shall allow the child to attend all such hearings and meetings unless the attorney for the child finds the child’s attendance is not in the best interests of the child. If the child is excluded from attending a hearing or meeting, the department shall maintain a written record detailing the reasons for excluding the child. Notwithstanding sections 232.147 through 232.151, a copy of the written record shall be made available to the child upon the request of the child after reaching the age of majority. 5. For purposes of this section, “attend” includes the appearance of the child at a hearing by video or telephonic means. [SS15, §254-a16; C24, 27, 31, 35, 39, §3631; C46, 50, 54, 58, 62, §232.15; C66, 71, 73, 75, 77, §232.11; C79, 81, §232.91] 84 Acts, ch 1279, §11; 95 Acts, ch 182, §4; 97 Acts, ch 164, §3; 98 Acts, ch 1190, §7; 2007 Acts, ch 172, §13; 2008 Acts, ch 1114, §1; 2008 Acts, ch 1187, §133; 2010 Acts, ch 1065, §1, 2; 2020 Acts, ch 1062, §94; 2022 Acts, ch 1098, §37 Referred to in §600A.7