Iowa Code 600A.6 – Notice of termination hearing
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Terms Used In Iowa Code 600A.6
- Child: includes child by adoption. See Iowa Code 4.1
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Rule: includes "regulation". See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- week: means seven consecutive days. See Iowa Code 4.1
600A.6 Notice of termination hearing.
1. A termination of parental rights under this chapter shall, unless provided otherwise in this section, be ordered only after notice has been served on all necessary parties and these parties have been given an opportunity to be heard before the juvenile court except that notice need not be served on the petitioner or on any necessary party who is the spouse of the petitioner. “”Necessary party”” means any person whose name, residence, and domicile are required to be included on the petition under § 600A.5, subsection 3, paragraphs “”a”” and “”b””, and any putative father who files a declaration of paternity in accordance with § 144.12A, or any unknown putative father, if any, except a biological parent who has been convicted of having sexually abused the other biological parent while not cohabiting with that parent as husband and wife, thereby producing the birth of the child who is the subject of the termination proceedings.
2. a. Prior to the service of notice on the necessary parties, the juvenile court shall appoint a guardian ad litem for a minor child if the child does not have a guardian or if the interests of the guardian conflict with the interests of the child. Such guardian ad litem shall be a necessary party under subsection 1 of this section.
b. A person who is appointed as a guardian ad litem for a minor child shall not also be the attorney for any party other than the minor child in any proceeding involving the minor child. The guardian ad litem may make an independent investigation of the interest of the child and may cause witnesses to appear before the court to provide testimony relevant to the best interest of the minor child.
3. Notice under this section may be served personally or constructively, as specified under subsections 4 and 5. This notice shall state:
a. The time and place of the hearing on termination of parental rights.
b. A clear statement of the purpose of the action and hearing.
c. A statement that the person against whom a proceeding for termination of parental rights is brought shall have the right to counsel pursuant to § 600A.6A.
4. A necessary party whose identity and location or address is known shall be served in accordance with rule of civil procedure 1.305 or sent by certified mail restricted delivery, whichever is determined to be the most effective means of notification. Such notice shall be served according to the rules of civil procedure relating to an original notice where not inconsistent with the provisions of this section. Notice pursuant to rule of civil procedure
1.305 shall be served not less than seven days prior to the hearing on termination of parental
rights. Notice by certified mail restricted delivery shall be sent not less than fourteen days prior to the hearing on termination of parental rights. A notice by certified mail restricted delivery which is refused by the necessary party being noticed shall be sufficient notice to that party under this section. Acceptance of notice by the necessary party shall satisfy the requirements of this subsection.
5. A necessary party whose identity is known but whose location or address is unknown or all unknown putative fathers, if any, shall be served by published notice in the form provided in this subsection. If the identity of a necessary party is known but the location of the necessary party is unknown, notice by publication shall also include the name of the necessary party. The child’s actual or expected date of birth and place of birth shall also be stated in the notice. Notice by publication shall be served according to the rules of civil procedure relating to an original notice where not inconsistent with the provisions of this section. Notice by publication shall be published once a week for two consecutive weeks in a medium which is reasonably expected to provide notice to the necessary party, the last publication to be not less than three days prior to the hearing on termination of parental rights. The notice shall be substantially in the following form:
TO: ………………………….. (OR) ALL PUTATIVE FATHERS OF A CHILD (EXPECTED TO BE) BORN ON THE ………… DAY OF
……………….., …………, IN ……………………, IOWA.
You are notified that there is now on file in the office of the clerk of court for …………………… county, a petition in case number
1. A termination of parental rights under this chapter shall, unless provided otherwise in this section, be ordered only after notice has been served on all necessary parties and these parties have been given an opportunity to be heard before the juvenile court except that notice need not be served on the petitioner or on any necessary party who is the spouse of the petitioner. “”Necessary party”” means any person whose name, residence, and domicile are required to be included on the petition under § 600A.5, subsection 3, paragraphs “”a”” and “”b””, and any putative father who files a declaration of paternity in accordance with § 144.12A, or any unknown putative father, if any, except a biological parent who has been convicted of having sexually abused the other biological parent while not cohabiting with that parent as husband and wife, thereby producing the birth of the child who is the subject of the termination proceedings.
2. a. Prior to the service of notice on the necessary parties, the juvenile court shall appoint a guardian ad litem for a minor child if the child does not have a guardian or if the interests of the guardian conflict with the interests of the child. Such guardian ad litem shall be a necessary party under subsection 1 of this section.
b. A person who is appointed as a guardian ad litem for a minor child shall not also be the attorney for any party other than the minor child in any proceeding involving the minor child. The guardian ad litem may make an independent investigation of the interest of the child and may cause witnesses to appear before the court to provide testimony relevant to the best interest of the minor child.
3. Notice under this section may be served personally or constructively, as specified under subsections 4 and 5. This notice shall state:
a. The time and place of the hearing on termination of parental rights.
b. A clear statement of the purpose of the action and hearing.
c. A statement that the person against whom a proceeding for termination of parental rights is brought shall have the right to counsel pursuant to § 600A.6A.
4. A necessary party whose identity and location or address is known shall be served in accordance with rule of civil procedure 1.305 or sent by certified mail restricted delivery, whichever is determined to be the most effective means of notification. Such notice shall be served according to the rules of civil procedure relating to an original notice where not inconsistent with the provisions of this section. Notice pursuant to rule of civil procedure
1.305 shall be served not less than seven days prior to the hearing on termination of parental
rights. Notice by certified mail restricted delivery shall be sent not less than fourteen days prior to the hearing on termination of parental rights. A notice by certified mail restricted delivery which is refused by the necessary party being noticed shall be sufficient notice to that party under this section. Acceptance of notice by the necessary party shall satisfy the requirements of this subsection.
5. A necessary party whose identity is known but whose location or address is unknown or all unknown putative fathers, if any, shall be served by published notice in the form provided in this subsection. If the identity of a necessary party is known but the location of the necessary party is unknown, notice by publication shall also include the name of the necessary party. The child’s actual or expected date of birth and place of birth shall also be stated in the notice. Notice by publication shall be served according to the rules of civil procedure relating to an original notice where not inconsistent with the provisions of this section. Notice by publication shall be published once a week for two consecutive weeks in a medium which is reasonably expected to provide notice to the necessary party, the last publication to be not less than three days prior to the hearing on termination of parental rights. The notice shall be substantially in the following form:
TO: ………………………….. (OR) ALL PUTATIVE FATHERS OF A CHILD (EXPECTED TO BE) BORN ON THE ………… DAY OF
……………….., …………, IN ……………………, IOWA.
You are notified that there is now on file in the office of the clerk of court for …………………… county, a petition in case number
§600A.6, TERMINATION OF PARENTAL RIGHTS 2
…………, which prays for a termination of your parent-child relationship to a child (expected to be) born on the ………… day of
……………….., …………. For further details contact the clerk’s office. The petitioner’s attorney is ……………………………
You are notified that there will be a hearing on the petition to terminate parental rights before the Iowa District Court for
…………………… County, at the Courthouse in ………………………., Iowa, at ………M. on the ………… day of ……………….., ……..
CLERK OF THE ABOVE COURT
6. Proof of service of notice in the manner prescribed shall be filed with the juvenile court prior to the hearing on termination of parental rights.
[C66, 71, 73, 75, §232.44, 232.45; C77, 79, 81, §600A.6]
94 Acts, ch 1046, §21; 94 Acts, ch 1174, §16 – 18, 22; 96 Acts, ch 1174, §8; 97 Acts, ch 173,
§15; 2005 Acts, ch 107, §3, 14; 2013 Acts, ch 30, §261
Referred to in §233.2, 600A.8