232.21 PLACEMENT IN SHELTER CARE.
1. No child shall be placed in shelter care unless one of the
following circumstances applies:
a. The child has no parent, guardian, custodian, responsible
adult relative or other adult approved by the court who will provide
proper shelter, care and supervision.
b. The child desires to be placed in shelter care.
c. It is necessary to hold the child until the child's
parent, guardian, or custodian has been contacted and has taken
custody of the child.
d. It is necessary to hold the child for transfer to another
jurisdiction.
e. The child is being placed pursuant to an order of the
court.
2. a. A child may be placed in shelter care as provided in
this section only in one of the following facilities:
(1) A juvenile shelter care home.
(2) A licensed foster home.
(3) An institution or other facility operated by the department
of human services, or one which is licensed or otherwise authorized
by law to receive and provide care for the child.
(4) Any other suitable place designated by the court provided
that no place used for the detention of a child may be so designated.
b. Placement shall be made in the least restrictive facility
available consistent with the best interests and special needs of the
child. Foster family care shall be used for a child unless the child
has problems requiring specialized service or supervision which
cannot be provided in a family living arrangement.
3. When there is reason to believe that a child placed in shelter
care pursuant to section 232.19, subsection 1, paragraph "c",
would not voluntarily remain in the shelter care facility, the
shelter care facility shall impose reasonable restrictions necessary
to ensure the child's continued custody.
4. A child placed in a shelter care facility under this section
shall not be held for a period in excess of forty-eight hours without
an oral or written court order authorizing the shelter care. When
the action is authorized by an oral court order, the court shall
enter a written order before the end of the next day confirming the
oral order and indicating the reasons for the order. A child placed
in shelter care pursuant to section 232.19, subsection 1, paragraph
"c", shall not be held in excess of seventy-two hours in any
event. If deemed appropriate by the court, an order authorizing
shelter care placement may include a determination that continuation
of the child in the child's home is contrary to the child's welfare
and that reasonable efforts as defined in section 232.57 have been
made. The inclusion of such a determination shall not under any
circumstances be deemed a prerequisite for entering an order pursuant
to this section. However, the inclusion of such a determination,
supported by the record, may be used by the department to assist in
obtaining federal funding for the child's placement.
5. If no satisfactory provision is made for uniting a child
placed in shelter care pursuant to section 232.19, subsection 1,
paragraph "c", with the child's family, a child in need of
assistance complaint may be filed pursuant to section 232.81.
Nothing in this subsection shall limit the right of a child to file a
family in need of assistance petition under section 232.125.
6. A child twelve years of age or younger shall not be placed in
a group shelter care home, unless there have been reasonable but
unsuccessful efforts to place the child in an emergency foster family
home which is able to meet the needs of the child. The efforts shall
be documented at the shelter care hearing.
232.21 PLACEMENT IN SHELTER CARE.
1. No child shall be placed in shelter care unless one of the
following circumstances applies:
a. The child has no parent, guardian, custodian, responsible
adult relative or other adult approved by the court who will provide
proper shelter, care and supervision.
b. The child desires to be placed in shelter care.
c. It is necessary to hold the child until the child's
parent, guardian, or custodian has been contacted and has taken
custody of the child.
d. It is necessary to hold the child for transfer to another
jurisdiction.
e. The child is being placed pursuant to an order of the
court.
2. a. A child may be placed in shelter care as provided in
this section only in one of the following facilities:
(1) A juvenile shelter care home.
(2) A licensed foster home.
(3) An institution or other facility operated by the department
of human services, or one which is licensed or otherwise authorized
by law to receive and provide care for the child.
(4) Any other suitable place designated by the court provided
that no place used for the detention of a child may be so designated.
b. Placement shall be made in the least restrictive facility
available consistent with the best interests and special needs of the
child. Foster family care shall be used for a child unless the child
has problems requiring specialized service or supervision which
cannot be provided in a family living arrangement.
3. When there is reason to believe that a child placed in shelter
care pursuant to section 232.19, subsection 1, paragraph "c",
would not voluntarily remain in the shelter care facility, the
shelter care facility shall impose reasonable restrictions necessary
to ensure the child's continued custody.
4. A child placed in a shelter care facility under this section
shall not be held for a period in excess of forty-eight hours without
an oral or written court order authorizing the shelter care. When
the action is authorized by an oral court order, the court shall
enter a written order before the end of the next day confirming the
oral order and indicating the reasons for the order. A child placed
in shelter care pursuant to section 232.19, subsection 1, paragraph
"c", shall not be held in excess of seventy-two hours in any
event. If deemed appropriate by the court, an order authorizing
shelter care placement may include a determination that continuation
of the child in the child's home is contrary to the child's welfare
and that reasonable efforts as defined in section 232.57 have been
made. The inclusion of such a determination shall not under any
circumstances be deemed a prerequisite for entering an order pursuant
to this section. However, the inclusion of such a determination,
supported by the record, may be used by the department to assist in
obtaining federal funding for the child's placement.
5. If no satisfactory provision is made for uniting a child
placed in shelter care pursuant to section 232.19, subsection 1,
paragraph "c", with the child's family, a child in need of
assistance complaint may be filed pursuant to section 232.81.
Nothing in this subsection shall limit the right of a child to file a
family in need of assistance petition under section 232.125.
6. A child twelve years of age or younger shall not be placed in
a group shelter care home, unless there have been reasonable but
unsuccessful efforts to place the child in an emergency foster family
home which is able to meet the needs of the child. The efforts shall
be documented at the shelter care hearing.
232.21 PLACEMENT IN SHELTER CARE.
1. No child shall be placed in shelter care unless one of the
following circumstances applies:
a. The child has no parent, guardian, custodian, responsible
adult relative or other adult approved by the court who will provide
proper shelter, care and supervision.
b. The child desires to be placed in shelter care.
c. It is necessary to hold the child until the child's
parent, guardian, or custodian has been contacted and has taken
custody of the child.
d. It is necessary to hold the child for transfer to another
jurisdiction.
e. The child is being placed pursuant to an order of the
court.
2. a. A child may be placed in shelter care as provided in
this section only in one of the following facilities:
(1) A juvenile shelter care home.
(2) A licensed foster home.
(3) An institution or other facility operated by the department
of human services, or one which is licensed or otherwise authorized
by law to receive and provide care for the child.
(4) Any other suitable place designated by the court provided
that no place used for the detention of a child may be so designated.
b. Placement shall be made in the least restrictive facility
available consistent with the best interests and special needs of the
child. Foster family care shall be used for a child unless the child
has problems requiring specialized service or supervision which
cannot be provided in a family living arrangement.
3. When there is reason to believe that a child placed in shelter
care pursuant to section 232.19, subsection 1, paragraph "c",
would not voluntarily remain in the shelter care facility, the
shelter care facility shall impose reasonable restrictions necessary
to ensure the child's continued custody.
4. A child placed in a shelter care facility under this section
shall not be held for a period in excess of forty-eight hours without
an oral or written court order authorizing the shelter care. When
the action is authorized by an oral court order, the court shall
enter a written order before the end of the next day confirming the
oral order and indicating the reasons for the order. A child placed
in shelter care pursuant to section 232.19, subsection 1, paragraph
"c", shall not be held in excess of seventy-two hours in any
event. If deemed appropriate by the court, an order authorizing
shelter care placement may include a determination that continuation
of the child in the child's home is contrary to the child's welfare
and that reasonable efforts as defined in section 232.57 have been
made. The inclusion of such a determination shall not under any
circumstances be deemed a prerequisite for entering an order pursuant
to this section. However, the inclusion of such a determination,
supported by the record, may be used by the department to assist in
obtaining federal funding for the child's placement.
5. If no satisfactory provision is made for uniting a child
placed in shelter care pursuant to section 232.19, subsection 1,
paragraph "c", with the child's family, a child in need of
assistance complaint may be filed pursuant to section 232.81.
Nothing in this subsection shall limit the right of a child to file a
family in need of assistance petition under section 232.125.
6. A child twelve years of age or younger shall not be placed in
a group shelter care home, unless there have been reasonable but
unsuccessful efforts to place the child in an emergency foster family
home which is able to meet the needs of the child. The efforts shall
be documented at the shelter care hearing.
