Iowa Code § 232B.1
Short title
This chapter shall be known and may be cited as the “Iowa Indian Child Welfare Act”.
Iowa Code Chapter 232B — Indian Child Welfare Act
Iowa · statute · Iowa Code ch. 232B · 14 active provisions
Iowa Code § 232B.2
Purpose — policy of state
The purpose of the Iowa Indian child welfare Act is to clarify state policies and procedures regarding implementation of the federal Indian Child Welfare Act, Pub. L. No. 95-608, as codified in 25 U.S.C. ch. 21. It is the policy of the state to cooperate fully with Indian tribes and tribal citizens in Iowa in order to…
Iowa Code § 232B.3
Definitions
For the purposes of this chapter unless the context otherwise requires: 1. “Adoptive placement” means the permanent placement of an Indian child for adoption including, but not limited to, any action under chapter 232, 600, or 600A resulting in a final decree of adoption. “Adoptive placement” does not include a placeme…
Iowa Code § 232B.4
Application of chapter — determination of Indian status
1. This chapter applies to child custody proceedings involving an Indian child whether the child is in the physical or legal custody of an Indian parent, Indian custodian, or an Indian extended family member or another person at the commencement of the proceedings or whether the child has resided or domiciled on or off…
Iowa Code § 232B.5
Indian child custody proceedings — jurisdiction — notice — transfer of proceedings
1. An Indian tribe has jurisdiction exclusive as to this state over any child custody proceeding held in this state involving an Indian child who resides or is domiciled within the reservation of that tribe, except when the jurisdiction is otherwise vested in this state by existing federal law. If an Indian child is a…
Iowa Code § 232B.6
Emergency removal of Indian child — foster care placement — termination of parental rights
1. This chapter shall not be construed to prevent the emergency removal of an Indian child who is a resident of or is domiciled on an Indian reservation, but is temporarily located off the reservation, or is away from the child’s parent or Indian custodian, or the emergency placement of such child in a foster home or i…
Iowa Code § 232B.7
Parental rights — voluntary termination or foster care placement
1. If an Indian child’s parent or Indian custodian voluntarily consents to a foster care placement of the child or to termination of parental rights, the consent shall not be valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and accompanied by the judge’s certificate that…
Iowa Code § 232B.8
Return of custody — improper removal of child from custody — protection of rights of parent or Indian custodian
1. If a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant the petition unless there is…
Iowa Code § 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 I…
Iowa Code § 232B.10
Qualified expert witnesses — standard of proof — change of placement
1. For the purposes of this chapter, unless the context otherwise requires, a “qualified expert witness” may include, but is not limited to, a social worker, sociologist, physician, psychologist, traditional tribal therapist and healer, spiritual leader, historian, or elder. 2. In considering whether to involuntarily p…
Iowa Code § 232B.11
Agreements with tribes for care and custody of Indian children
1. The director or the director’s designee shall make a good faith effort to enter into agreements with Indian tribes regarding jurisdiction over child custody proceedings and the care and custody of Indian children whose tribes have land within Iowa, including but not limited to the Sac and Fox tribe, the Omaha tribe,…
Iowa Code § 232B.12
Payment of foster care expenses
1. If the department has legal custody of an Indian child and that child is placed in foster care according to the placement preferences under section 232B.9 the state shall pay, subject to any applicable federal funding limitations and requirements, the cost of the foster care in the manner and to the same extent the…
Iowa Code § 232B.13
Records
1. The department shall establish an automated database where a permanent record shall be maintained of every involuntary or voluntary foster care, preadoptive placement, or adoptive placement of an Indian child that is ordered by a court of this state and in which the department was involved. The automated record shal…
Iowa Code § 232B.14
Compliance
1. The department, in consultation with Indian tribes, shall establish standards and procedures for the department’s review of cases subject to this chapter and methods for monitoring the department’s compliance with provisions of the federal Indian Child Welfare Act and this chapter. These standards and procedures and…