Iowa Code 601.1 – Parents and guardians — rights
Current as of: 2024 | Check for updates
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Terms Used In Iowa Code 601.1
- Child: includes child by adoption. 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
- 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
601.1 Parents and guardians — rights.
1. For purposes of this section:
a. “”Emergent care situation”” means a sudden or unforeseen occurrence or onset of a medical or behavioral condition that could result in serious injury or harm to a minor child in the event immediate medical attention is not provided.
b. “”Medical care”” means any care, treatment, service, or procedure to prevent, diagnose, alleviate, treat, or cure a minor child’s physical or mental condition.
c. “”Minor child”” means an unmarried and unemancipated person under the age of eighteen years.
2. Subject to § 147.164, a parent or guardian bears the ultimate responsibility, and has the fundamental, constitutionally protected right, to make decisions affecting the parent’s or guardian’s minor child, including decisions related to the minor child’s medical care, moral upbringing, religious upbringing, residence, education, and extracurricular activities. Any and all restrictions of this right shall be subject to strict scrutiny.
3. This section shall not be construed to prohibit any of the following:
a. A minor child from receiving medical attention in an emergent care situation.
b. A person from cooperating in a child abuse assessment commenced in accordance with § 232.71B.
c. A court from issuing an order that is permitted by law.
4. This section shall not be construed to authorize a parent or guardian to engage in conduct that is unlawful or to abuse or neglect a minor child in violation of the laws of this state.
5. The rights guaranteed to parents and guardians by this section are not a comprehensive list of the rights reserved to parents or guardians of a minor child. The enumeration of the rights contained in this section shall not be construed to limit the rights reserved to parents or guardians of a minor child.
2023 Acts, ch 91, §24
NEW section
1. For purposes of this section:
a. “”Emergent care situation”” means a sudden or unforeseen occurrence or onset of a medical or behavioral condition that could result in serious injury or harm to a minor child in the event immediate medical attention is not provided.
b. “”Medical care”” means any care, treatment, service, or procedure to prevent, diagnose, alleviate, treat, or cure a minor child’s physical or mental condition.
c. “”Minor child”” means an unmarried and unemancipated person under the age of eighteen years.
2. Subject to § 147.164, a parent or guardian bears the ultimate responsibility, and has the fundamental, constitutionally protected right, to make decisions affecting the parent’s or guardian’s minor child, including decisions related to the minor child’s medical care, moral upbringing, religious upbringing, residence, education, and extracurricular activities. Any and all restrictions of this right shall be subject to strict scrutiny.
3. This section shall not be construed to prohibit any of the following:
a. A minor child from receiving medical attention in an emergent care situation.
b. A person from cooperating in a child abuse assessment commenced in accordance with § 232.71B.
c. A court from issuing an order that is permitted by law.
4. This section shall not be construed to authorize a parent or guardian to engage in conduct that is unlawful or to abuse or neglect a minor child in violation of the laws of this state.
5. The rights guaranteed to parents and guardians by this section are not a comprehensive list of the rights reserved to parents or guardians of a minor child. The enumeration of the rights contained in this section shall not be construed to limit the rights reserved to parents or guardians of a minor child.
2023 Acts, ch 91, §24
NEW section