232B.9 PLACEMENT PREFERENCES.
1. In any adoptive or other permanent placement of an Indian
child, preference shall be given to a placement with one of the
following, in descending priority order:
a. A member of the Indian child's family.
b. Other members of the Indian child's tribe.
c. Another Indian family.
d. A non-Indian family approved by the Indian child's tribe.
e. A non-Indian family that is committed to enabling the
child to have extended family visitation and participation in the
cultural and ceremonial events of the child's tribe.
2. An emergency removal, foster care, or preadoptive placement of
an Indian child shall be in the least restrictive setting which most
approximates a family situation and in which the child's special
needs, if any, may be met. The child shall also be placed within
reasonable proximity to the child's home, taking into account any
special needs of the child. In any foster care or preadoptive
placement, a preference shall be given to the child's placement with
one of the following, in descending priority order:
a. A member of the child's extended family.
b. A foster home licensed, approved, or specified by the
child's tribe.
c. An Indian foster home licensed or approved by an
authorized non-Indian licensing authority.
d. A child foster care agency approved by an Indian tribe or
operated by an Indian organization which has a program suitable to
meet the Indian child's needs.
e. A non-Indian child foster care agency approved by the
child's tribe.
f. A non-Indian family committed to enabling the child to
have extended family visitation and participation in the cultural and
ceremonial events of the child's tribe.
3. To the greatest possible extent, a placement made in
accordance with subsection 1 or 2 shall be made in the best interest
of the child.
4. An adoptive placement of an Indian child shall not be ordered
in the absence of a determination, supported by clear and convincing
evidence including the testimony of qualified expert witnesses, that
the placement of the child is in the best interest of the child.
5. Notwithstanding the placement preferences listed in
subsections 1 and 2, if a different order of placement preference is
established by the child's tribe or in a binding agreement between
the child's tribe and the state entered into pursuant to section
232B.11, the court or agency effecting the placement shall follow the
order of preference established by the tribe or in the agreement.
6. As appropriate, the placement preference of the Indian child
or parent shall be considered. In applying the preferences, a
consenting parent's request for anonymity shall also be given weight
by the court or agency effecting the placement. Unless there is
clear and convincing evidence that placement within the order of
preference applicable under subsection 1, 2, or 5 would be harmful to
the Indian child, consideration of the preference of the Indian child
or parent or a parent's request for anonymity shall not be a basis
for placing an Indian child outside of the applicable order of
preference.
7. The prevailing social and cultural standards of the Indian
community in which the parent or extended family members of an Indian
child reside, or with which such parent or extended family members
maintain social and cultural ties, or the prevailing social and
cultural standards of the Indian child's tribe shall be applied in
qualifying any placement having a preference under this section. A
determination of the applicable prevailing social and cultural
standards shall be confirmed by the testimony or other documented
support of qualified expert witnesses.
8. A record of each foster care placement, emergency removal,
preadoptive placement, or adoptive placement of an Indian child,
under the laws of this state, shall be maintained in perpetuity by
the department of human services in accordance with section 232B.13.
The record shall document the active efforts to comply with the
applicable order of preference specified in this section.
9. The state of Iowa recognizes the authority of Indian tribes to
license foster homes and to license agencies to receive children for
control, care, and maintenance outside of the children's own homes,
or to place, receive, arrange the placement of, or assist in the
placement of children for foster care or adoption. The department of
human services and child-placing agencies licensed under chapter 238
may place children in foster homes and facilities licensed by an
Indian tribe.
Section History: Recent Form
2003 Acts, ch 153, §10
Referred to in § 232B.5, 232B.12, 232B.13
232B.9 PLACEMENT PREFERENCES.
1. In any adoptive or other permanent placement of an Indian
child, preference shall be given to a placement with one of the
following, in descending priority order:
a. A member of the Indian child's family.
b. Other members of the Indian child's tribe.
c. Another Indian family.
d. A non-Indian family approved by the Indian child's tribe.
e. A non-Indian family that is committed to enabling the
child to have extended family visitation and participation in the
cultural and ceremonial events of the child's tribe.
2. An emergency removal, foster care, or preadoptive placement of
an Indian child shall be in the least restrictive setting which most
approximates a family situation and in which the child's special
needs, if any, may be met. The child shall also be placed within
reasonable proximity to the child's home, taking into account any
special needs of the child. In any foster care or preadoptive
placement, a preference shall be given to the child's placement with
one of the following, in descending priority order:
a. A member of the child's extended family.
b. A foster home licensed, approved, or specified by the
child's tribe.
c. An Indian foster home licensed or approved by an
authorized non-Indian licensing authority.
d. A child foster care agency approved by an Indian tribe or
operated by an Indian organization which has a program suitable to
meet the Indian child's needs.
e. A non-Indian child foster care agency approved by the
child's tribe.
f. A non-Indian family committed to enabling the child to
have extended family visitation and participation in the cultural and
ceremonial events of the child's tribe.
3. To the greatest possible extent, a placement made in
accordance with subsection 1 or 2 shall be made in the best interest
of the child.
4. An adoptive placement of an Indian child shall not be ordered
in the absence of a determination, supported by clear and convincing
evidence including the testimony of qualified expert witnesses, that
the placement of the child is in the best interest of the child.
5. Notwithstanding the placement preferences listed in
subsections 1 and 2, if a different order of placement preference is
established by the child's tribe or in a binding agreement between
the child's tribe and the state entered into pursuant to section
232B.11, the court or agency effecting the placement shall follow the
order of preference established by the tribe or in the agreement.
6. As appropriate, the placement preference of the Indian child
or parent shall be considered. In applying the preferences, a
consenting parent's request for anonymity shall also be given weight
by the court or agency effecting the placement. Unless there is
clear and convincing evidence that placement within the order of
preference applicable under subsection 1, 2, or 5 would be harmful to
the Indian child, consideration of the preference of the Indian child
or parent or a parent's request for anonymity shall not be a basis
for placing an Indian child outside of the applicable order of
preference.
7. The prevailing social and cultural standards of the Indian
community in which the parent or extended family members of an Indian
child reside, or with which such parent or extended family members
maintain social and cultural ties, or the prevailing social and
cultural standards of the Indian child's tribe shall be applied in
qualifying any placement having a preference under this section. A
determination of the applicable prevailing social and cultural
standards shall be confirmed by the testimony or other documented
support of qualified expert witnesses.
8. A record of each foster care placement, emergency removal,
preadoptive placement, or adoptive placement of an Indian child,
under the laws of this state, shall be maintained in perpetuity by
the department of human services in accordance with section 232B.13.
The record shall document the active efforts to comply with the
applicable order of preference specified in this section.
9. The state of Iowa recognizes the authority of Indian tribes to
license foster homes and to license agencies to receive children for
control, care, and maintenance outside of the children's own homes,
or to place, receive, arrange the placement of, or assist in the
placement of children for foster care or adoption. The department of
human services and child-placing agencies licensed under chapter 238
may place children in foster homes and facilities licensed by an
Indian tribe.
Section History: Recent Form
2003 Acts, ch 153, §10
Referred to in § 232B.5, 232B.12, 232B.13
232B.9 PLACEMENT PREFERENCES.
1. In any adoptive or other permanent placement of an Indian
child, preference shall be given to a placement with one of the
following, in descending priority order:
a. A member of the Indian child's family.
b. Other members of the Indian child's tribe.
c. Another Indian family.
d. A non-Indian family approved by the Indian child's tribe.
e. A non-Indian family that is committed to enabling the
child to have extended family visitation and participation in the
cultural and ceremonial events of the child's tribe.
2. An emergency removal, foster care, or preadoptive placement of
an Indian child shall be in the least restrictive setting which most
approximates a family situation and in which the child's special
needs, if any, may be met. The child shall also be placed within
reasonable proximity to the child's home, taking into account any
special needs of the child. In any foster care or preadoptive
placement, a preference shall be given to the child's placement with
one of the following, in descending priority order:
a. A member of the child's extended family.
b. A foster home licensed, approved, or specified by the
child's tribe.
c. An Indian foster home licensed or approved by an
authorized non-Indian licensing authority.
d. A child foster care agency approved by an Indian tribe or
operated by an Indian organization which has a program suitable to
meet the Indian child's needs.
e. A non-Indian child foster care agency approved by the
child's tribe.
f. A non-Indian family committed to enabling the child to
have extended family visitation and participation in the cultural and
ceremonial events of the child's tribe.
3. To the greatest possible extent, a placement made in
accordance with subsection 1 or 2 shall be made in the best interest
of the child.
4. An adoptive placement of an Indian child shall not be ordered
in the absence of a determination, supported by clear and convincing
evidence including the testimony of qualified expert witnesses, that
the placement of the child is in the best interest of the child.
5. Notwithstanding the placement preferences listed in
subsections 1 and 2, if a different order of placement preference is
established by the child's tribe or in a binding agreement between
the child's tribe and the state entered into pursuant to section
232B.11, the court or agency effecting the placement shall follow the
order of preference established by the tribe or in the agreement.
6. As appropriate, the placement preference of the Indian child
or parent shall be considered. In applying the preferences, a
consenting parent's request for anonymity shall also be given weight
by the court or agency effecting the placement. Unless there is
clear and convincing evidence that placement within the order of
preference applicable under subsection 1, 2, or 5 would be harmful to
the Indian child, consideration of the preference of the Indian child
or parent or a parent's request for anonymity shall not be a basis
for placing an Indian child outside of the applicable order of
preference.
7. The prevailing social and cultural standards of the Indian
community in which the parent or extended family members of an Indian
child reside, or with which such parent or extended family members
maintain social and cultural ties, or the prevailing social and
cultural standards of the Indian child's tribe shall be applied in
qualifying any placement having a preference under this section. A
determination of the applicable prevailing social and cultural
standards shall be confirmed by the testimony or other documented
support of qualified expert witnesses.
8. A record of each foster care placement, emergency removal,
preadoptive placement, or adoptive placement of an Indian child,
under the laws of this state, shall be maintained in perpetuity by
the department of human services in accordance with section 232B.13.
The record shall document the active efforts to comply with the
applicable order of preference specified in this section.
9. The state of Iowa recognizes the authority of Indian tribes to
license foster homes and to license agencies to receive children for
control, care, and maintenance outside of the children's own homes,
or to place, receive, arrange the placement of, or assist in the
placement of children for foster care or adoption. The department of
human services and child-placing agencies licensed under chapter 238
may place children in foster homes and facilities licensed by an
Indian tribe.
Section History: Recent Form
2003 Acts, ch 153, §10
Referred to in § 232B.5, 232B.12, 232B.13
