233.2 NEWBORN INFANT CUSTODY RELEASE PROCEDURES.
1. A parent of a newborn infant may voluntarily release custody
of the newborn infant by relinquishing physical custody of the
newborn infant, without expressing an intent to again assume physical
custody, at an institutional health facility or by authorizing
another person to relinquish physical custody on the parent's behalf.
If physical custody of the newborn infant is not relinquished
directly to an individual on duty at the institutional health
facility, the parent may take other actions to be reasonably sure
that an individual on duty is aware that the newborn infant has been
left at the institutional health facility. The actions may include
but are not limited to making telephone contact with the
institutional health facility or a 911 service. For the purposes of
this chapter and for any judicial proceedings associated with the
newborn infant, a rebuttable presumption arises that the person who
relinquishes physical custody at an institutional health facility in
accordance with this section is the newborn infant's parent or has
relinquished physical custody with the parent's authorization.
2. a. Unless the parent or other person relinquishing
physical custody of a newborn infant clearly expresses an intent to
return to again assume physical custody of the newborn infant, an
individual on duty at the facility at which physical custody of the
newborn infant was relinquished pursuant to subsection 1 shall take
physical custody of the newborn infant. The individual on duty may
request the parent or other person to provide the name of the parent
or parents and information on the medical history of the newborn
infant and the newborn infant's parent or parents. However, the
parent or other person is not required to provide the names or
medical history information to comply with this section. The
individual on duty may perform reasonable acts necessary to protect
the physical health or safety of the newborn infant. The individual
on duty and the institutional health facility in which the individual
was on duty are immune from criminal or civil liability for any acts
or omissions made in good faith to comply with this section.
b. If the physical custody of the newborn infant is
relinquished at an institutional health facility, the state shall
reimburse the institutional health facility for the institutional
health facility's actual expenses in providing care to the newborn
infant and in performing acts necessary to protect the physical
health or safety of the newborn infant. The reimbursement shall be
paid from moneys appropriated for this purpose to the department of
human services.
c. If the name of the parent is unknown to the institutional
health facility, the individual on duty or other person designated by
the institutional health facility at which physical custody of the
newborn infant was relinquished shall submit the certificate of birth
report as required pursuant to section 144.14. If the name of the
parent is disclosed to the institutional health facility, the
facility shall submit the certificate of birth report as required
pursuant to section 144.13. The department of public health shall
not file the certificate of birth with the county of birth and shall
otherwise maintain the confidentiality of the birth certificate in
accordance with section 144.43.
3. As soon as possible after the individual on duty assumes
physical custody of a newborn infant released under subsection 1, the
individual shall notify the department of human services and the
department shall take the actions necessary to assume the care,
control, and custody of the newborn infant. The department shall
immediately notify the juvenile court and the county attorney of the
department's action and the circumstances surrounding the action and
request an ex parte order from the juvenile court ordering, in
accordance with the requirements of section 232.78, the department to
take custody of the newborn infant. Upon receiving the order, the
department shall take custody of the newborn infant. Within
twenty-four hours of taking custody of the newborn infant, the
department shall notify the juvenile court and the county attorney in
writing of the department's action and the circumstances surrounding
the action.
4. a. Upon being notified in writing by the department under
subsection 3, the county attorney shall file a petition alleging the
newborn infant to be a child in need of assistance in accordance with
section 232.87 and a petition for termination of parental rights with
respect to the newborn infant in accordance with section 232.111,
subsection 2, paragraph "a". A hearing on a child in need of
assistance petition filed pursuant to this subsection shall be held
at the earliest practicable time. A hearing on a termination of
parental rights petition filed pursuant to this subsection shall be
held no later than thirty days after the day the physical custody of
the newborn child was relinquished in accordance with subsection 1
unless the juvenile court continues the hearing beyond the thirty
days for good cause shown.
b. Notice of a petition filed pursuant to this subsection
shall be provided to any known parent and others in accordance with
the provisions of chapter 232 and shall be served upon any putative
father registered with the state registrar of vital statistics
pursuant to section 144.12A. In addition, prior to holding a
termination of parental rights hearing with respect to the newborn
infant, notice by publication shall be provided as described in
section 600A.6, subsection 5.
5. Reasonable efforts, as defined in section 232.102, that are
made in regard to the newborn infant shall be limited to the efforts
made in a timely manner to finalize a permanency plan for the newborn
infant.
6. An individual on duty at an institutional health facility who
assumes custody of a newborn infant upon the release of the newborn
infant under subsection 1 shall be provided notice of any hearing
held concerning the newborn infant at the same time notice is
provided to other parties to the hearing and the individual may
provide testimony at the hearing.
Section History: Recent Form
2001 Acts, ch 67, §2, 13; 2005 Acts, ch 89, §34
Referred to in § 233.3, 233.4, 233.6, 726.3, 726.6
233.2 NEWBORN INFANT CUSTODY RELEASE PROCEDURES.
1. A parent of a newborn infant may voluntarily release custody
of the newborn infant by relinquishing physical custody of the
newborn infant, without expressing an intent to again assume physical
custody, at an institutional health facility or by authorizing
another person to relinquish physical custody on the parent's behalf.
If physical custody of the newborn infant is not relinquished
directly to an individual on duty at the institutional health
facility, the parent may take other actions to be reasonably sure
that an individual on duty is aware that the newborn infant has been
left at the institutional health facility. The actions may include
but are not limited to making telephone contact with the
institutional health facility or a 911 service. For the purposes of
this chapter and for any judicial proceedings associated with the
newborn infant, a rebuttable presumption arises that the person who
relinquishes physical custody at an institutional health facility in
accordance with this section is the newborn infant's parent or has
relinquished physical custody with the parent's authorization.
2. a. Unless the parent or other person relinquishing
physical custody of a newborn infant clearly expresses an intent to
return to again assume physical custody of the newborn infant, an
individual on duty at the facility at which physical custody of the
newborn infant was relinquished pursuant to subsection 1 shall take
physical custody of the newborn infant. The individual on duty may
request the parent or other person to provide the name of the parent
or parents and information on the medical history of the newborn
infant and the newborn infant's parent or parents. However, the
parent or other person is not required to provide the names or
medical history information to comply with this section. The
individual on duty may perform reasonable acts necessary to protect
the physical health or safety of the newborn infant. The individual
on duty and the institutional health facility in which the individual
was on duty are immune from criminal or civil liability for any acts
or omissions made in good faith to comply with this section.
b. If the physical custody of the newborn infant is
relinquished at an institutional health facility, the state shall
reimburse the institutional health facility for the institutional
health facility's actual expenses in providing care to the newborn
infant and in performing acts necessary to protect the physical
health or safety of the newborn infant. The reimbursement shall be
paid from moneys appropriated for this purpose to the department of
human services.
c. If the name of the parent is unknown to the institutional
health facility, the individual on duty or other person designated by
the institutional health facility at which physical custody of the
newborn infant was relinquished shall submit the certificate of birth
report as required pursuant to section 144.14. If the name of the
parent is disclosed to the institutional health facility, the
facility shall submit the certificate of birth report as required
pursuant to section 144.13. The department of public health shall
not file the certificate of birth with the county of birth and shall
otherwise maintain the confidentiality of the birth certificate in
accordance with section 144.43.
3. As soon as possible after the individual on duty assumes
physical custody of a newborn infant released under subsection 1, the
individual shall notify the department of human services and the
department shall take the actions necessary to assume the care,
control, and custody of the newborn infant. The department shall
immediately notify the juvenile court and the county attorney of the
department's action and the circumstances surrounding the action and
request an ex parte order from the juvenile court ordering, in
accordance with the requirements of section 232.78, the department to
take custody of the newborn infant. Upon receiving the order, the
department shall take custody of the newborn infant. Within
twenty-four hours of taking custody of the newborn infant, the
department shall notify the juvenile court and the county attorney in
writing of the department's action and the circumstances surrounding
the action.
4. a. Upon being notified in writing by the department under
subsection 3, the county attorney shall file a petition alleging the
newborn infant to be a child in need of assistance in accordance with
section 232.87 and a petition for termination of parental rights with
respect to the newborn infant in accordance with section 232.111,
subsection 2, paragraph "a". A hearing on a child in need of
assistance petition filed pursuant to this subsection shall be held
at the earliest practicable time. A hearing on a termination of
parental rights petition filed pursuant to this subsection shall be
held no later than thirty days after the day the physical custody of
the newborn child was relinquished in accordance with subsection 1
unless the juvenile court continues the hearing beyond the thirty
days for good cause shown.
b. Notice of a petition filed pursuant to this subsection
shall be provided to any known parent and others in accordance with
the provisions of chapter 232 and shall be served upon any putative
father registered with the state registrar of vital statistics
pursuant to section 144.12A. In addition, prior to holding a
termination of parental rights hearing with respect to the newborn
infant, notice by publication shall be provided as described in
section 600A.6, subsection 5.
5. Reasonable efforts, as defined in section 232.102, that are
made in regard to the newborn infant shall be limited to the efforts
made in a timely manner to finalize a permanency plan for the newborn
infant.
6. An individual on duty at an institutional health facility who
assumes custody of a newborn infant upon the release of the newborn
infant under subsection 1 shall be provided notice of any hearing
held concerning the newborn infant at the same time notice is
provided to other parties to the hearing and the individual may
provide testimony at the hearing.
Section History: Recent Form
2001 Acts, ch 67, §2, 13; 2005 Acts, ch 89, §34
Referred to in § 233.3, 233.4, 233.6, 726.3, 726.6
233.2 NEWBORN INFANT CUSTODY RELEASE PROCEDURES.
1. A parent of a newborn infant may voluntarily release custody
of the newborn infant by relinquishing physical custody of the
newborn infant, without expressing an intent to again assume physical
custody, at an institutional health facility or by authorizing
another person to relinquish physical custody on the parent's behalf.
If physical custody of the newborn infant is not relinquished
directly to an individual on duty at the institutional health
facility, the parent may take other actions to be reasonably sure
that an individual on duty is aware that the newborn infant has been
left at the institutional health facility. The actions may include
but are not limited to making telephone contact with the
institutional health facility or a 911 service. For the purposes of
this chapter and for any judicial proceedings associated with the
newborn infant, a rebuttable presumption arises that the person who
relinquishes physical custody at an institutional health facility in
accordance with this section is the newborn infant's parent or has
relinquished physical custody with the parent's authorization.
2. a. Unless the parent or other person relinquishing
physical custody of a newborn infant clearly expresses an intent to
return to again assume physical custody of the newborn infant, an
individual on duty at the facility at which physical custody of the
newborn infant was relinquished pursuant to subsection 1 shall take
physical custody of the newborn infant. The individual on duty may
request the parent or other person to provide the name of the parent
or parents and information on the medical history of the newborn
infant and the newborn infant's parent or parents. However, the
parent or other person is not required to provide the names or
medical history information to comply with this section. The
individual on duty may perform reasonable acts necessary to protect
the physical health or safety of the newborn infant. The individual
on duty and the institutional health facility in which the individual
was on duty are immune from criminal or civil liability for any acts
or omissions made in good faith to comply with this section.
b. If the physical custody of the newborn infant is
relinquished at an institutional health facility, the state shall
reimburse the institutional health facility for the institutional
health facility's actual expenses in providing care to the newborn
infant and in performing acts necessary to protect the physical
health or safety of the newborn infant. The reimbursement shall be
paid from moneys appropriated for this purpose to the department of
human services.
c. If the name of the parent is unknown to the institutional
health facility, the individual on duty or other person designated by
the institutional health facility at which physical custody of the
newborn infant was relinquished shall submit the certificate of birth
report as required pursuant to section 144.14. If the name of the
parent is disclosed to the institutional health facility, the
facility shall submit the certificate of birth report as required
pursuant to section 144.13. The department of public health shall
not file the certificate of birth with the county of birth and shall
otherwise maintain the confidentiality of the birth certificate in
accordance with section 144.43.
3. As soon as possible after the individual on duty assumes
physical custody of a newborn infant released under subsection 1, the
individual shall notify the department of human services and the
department shall take the actions necessary to assume the care,
control, and custody of the newborn infant. The department shall
immediately notify the juvenile court and the county attorney of the
department's action and the circumstances surrounding the action and
request an ex parte order from the juvenile court ordering, in
accordance with the requirements of section 232.78, the department to
take custody of the newborn infant. Upon receiving the order, the
department shall take custody of the newborn infant. Within
twenty-four hours of taking custody of the newborn infant, the
department shall notify the juvenile court and the county attorney in
writing of the department's action and the circumstances surrounding
the action.
4. a. Upon being notified in writing by the department under
subsection 3, the county attorney shall file a petition alleging the
newborn infant to be a child in need of assistance in accordance with
section 232.87 and a petition for termination of parental rights with
respect to the newborn infant in accordance with section 232.111,
subsection 2, paragraph "a". A hearing on a child in need of
assistance petition filed pursuant to this subsection shall be held
at the earliest practicable time. A hearing on a termination of
parental rights petition filed pursuant to this subsection shall be
held no later than thirty days after the day the physical custody of
the newborn child was relinquished in accordance with subsection 1
unless the juvenile court continues the hearing beyond the thirty
days for good cause shown.
b. Notice of a petition filed pursuant to this subsection
shall be provided to any known parent and others in accordance with
the provisions of chapter 232 and shall be served upon any putative
father registered with the state registrar of vital statistics
pursuant to section 144.12A. In addition, prior to holding a
termination of parental rights hearing with respect to the newborn
infant, notice by publication shall be provided as described in
section 600A.6, subsection 5.
5. Reasonable efforts, as defined in section 232.102, that are
made in regard to the newborn infant shall be limited to the efforts
made in a timely manner to finalize a permanency plan for the newborn
infant.
6. An individual on duty at an institutional health facility who
assumes custody of a newborn infant upon the release of the newborn
infant under subsection 1 shall be provided notice of any hearing
held concerning the newborn infant at the same time notice is
provided to other parties to the hearing and the individual may
provide testimony at the hearing.
Section History: Recent Form
2001 Acts, ch 67, §2, 13; 2005 Acts, ch 89, §34
Referred to in § 233.3, 233.4, 233.6, 726.3, 726.6
