residence pursuant to court order. 1. Notwithstanding section 561.15, ifitis alleged by a person authorized to filea petition under section 232.87, subsection 2,or by the court on itsown motion, that a parent, guardian, custodian, or an adult member of the household in which a child resides has committed a sexual offense with or against the child, pursuant to chapter 709 or section 726.2, or physical abuse as defined in section 232.2, subsection 51, or domestic abuse assault as defined in section 708.2A, against the child or another household member at a location or in a manner a reasonably prudent person would know the child could see, hear, or otherwise experience, the juvenile court may enter an ex parte order requiring the alleged sexual offender, physical abuser, or domestic abuser to vacate the child’s residence upon a showing thatprobablecause exists to believe that the sexual offense, physical abuse, or domestic abuse has occurred and that substantial evidence exists to believe that the presence of the alleged sexual offender, physical abuser, or domestic abuser in the child’s residence presents a danger to the child’s lifeor physical, emotional, or mental health. 2. Ifan order isentered under subsection 1 and a petition has not yet been filed under this chapter, the petition shall be filed under section 232.87 by the county attorney, the department, or a juvenile court officer within three days of the entering of the order. 3. The juvenile court may order on itsown motion, or shall order upon the request of the alleged sexual offender, physical abuser, or domestic abuser a hearing to determine whether the order to vacate the residence should be upheld, modified, or vacated. The hearing shall be held within thirty days of removal of the alleged sexual offender, physical abuser, or domestic abuser from the residence. The juvenile court may in any later child in need of assistance proceeding uphold, modify, or vacate the order to vacate the residence. [82 Acts, ch 1209, §14] 1251, §27; 2022 Acts, ch 1098, §30; 2023 Acts, ch 19, §614 Sectionnotamended;internalreferencechangeapplied
‹ Prev All Iowa sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.