1. a. The time for the initial permanency hearing for a child subject to out-of-home
placement shall be the earlier of the following:
(1) For a temporary removal order entered under section 232.78, 232.95, or 232.96, for a
child who was removed without a court order under section 232.79, or for an order entered
under section 232.102, for which the court has not waived reasonable efforts requirements,
the permanency hearing shall be held within twelve months of the date the child was removed
from the home.
(2) For an order entered under section 232.102, for which the court has waived reasonable
efforts requirements under section 232.102A, subsection 4, the permanency hearing shall be
held within thirty days of the date the requirements were waived.
b. The permanency hearing may be held concurrently with a hearing under section
232.103 to review, modify, substitute, vacate, or terminate a dispositional order.
c. Reasonable notice of a permanency hearing shall be provided to the parties. A
permanency hearing shall be conducted in substantial conformance with the provisions of
section 232.99. During the hearing, the court shall consider the child’s need for a secure and
permanent placement in light of any permanency plan or evidence submitted to the court and
the reasonable efforts made concerning the child. Upon completion of the hearing, the court
shall enter written findings and make a determination identifying a primary permanency
goal for the child. If a permanency plan is in effect at the time of the hearing, the court shall
also make a determination as to whether reasonable progress is being made in achieving the
permanency goal and complying with the other provisions of that permanency plan.
2. After a permanency hearing the court shall do one of the following:
a. Enter an order pursuant to section 232.102 to return the child to the child’s home.
b. Enter an order pursuant to section 232.102 to continue placement of the child for an
additional six months at which time the court shall hold a hearing to consider modification
of its permanency order. An order entered under this paragraph shall enumerate the
specific factors, conditions, or expected behavioral changes which comprise the basis for
the determination that the need for removal of the child from the child’s home will no longer
exist at the end of the additional six-month period.
c. Direct the county attorney or the attorney for the child to institute proceedings to
terminate the parent-child relationship.
d. Enter an order, pursuant to findings required by subsection 4, to do one of the following:
(1) Transfer sole custody of the child from one parent to another parent.
(2) Transfer guardianship and custody of the child to an adult relative, a fictive kin, or
another suitable person.
(3) Transfer custody of the child to a suitable person for the purpose of long-term care.
(4) If the child is sixteen years of age or older and the department has documented to
the court’s satisfaction a compelling reason for determining that an order under the other\n\nTue Dec 09 22:21:33 2025 Iowa Code 2026, Chapter 232 (92, 1)
§232.104, JUVENILE JUSTICE 84\n\nsubparagraphs of this paragraph “d” would not be in the child’s best interest, order another
planned permanent living arrangement for the child.
3. If the court enters an order for another planned permanent living arrangement pursuant
to subsection 2, paragraph “d”, the court shall do all of the following:
a. Ask the child about the child’s desired permanency outcome and make a judicial
determination that another planned permanent living arrangement is the best permanency
plan for the child.
b. Require the department to do all of the following:
(1) Document the efforts to place a child permanently with a parent, relative, or in a
guardianship or adoptive placement.
(2) Document that the planned permanent living arrangement is the best permanency
plan for the child and compelling reasons why it is not in the child’s best interest to be placed
permanently with a parent, relative, or in a guardianship or adoptive placement.
(3) Document all of the following at the permanency hearing and the six-month periodic
review:
(a) The steps the department is taking to ensure that the planned permanent living
arrangement follows the reasonable and prudent parent standard.
(b) Whether the child has regular opportunities to engage in age-appropriate or
developmentally appropriate activities.
4. Prior to entering a permanency order pursuant to subsection 2, paragraph “d”,
convincing evidence must exist showing that all of the following apply:
a. A termination of the parent-child relationship would not be in the best interest of the
child.
b. Services were offered to the child’s family to correct the situation which led to the
child’s removal from the home.
c. The child cannot be returned to the child’s home.
5. A court shall apply the priority of placement requirements of section 232.102,
subsection 1, paragraphs “a” and “c”, when entering a permanency order pursuant to
subsection 2, paragraph “d”.
6. Any permanency order may provide restrictions upon the contact between the child
and the child’s parent or parents, consistent with the best interest of the child.
7. With respect to a dispositional order providing for transfer of custody of a child and
siblings to the department or other agency for placement for which the court has suspended
or terminated sibling visitation or interaction, when a review is made under this section the
court shall consider whether the visitation or interaction can be safely resumed and may
modify the suspension or termination as appropriate.
8. Subsequent to the entry of a permanency order pursuant to this section, the child
shall not be returned to the care, custody, or control of the child’s parent or parents, over a
formal objection filed by the child’s attorney or guardian ad litem, unless the court finds by
a preponderance of the evidence, that returning the child to such custody would be in the
best interest of the child.
9. a. Following an initial permanency hearing and the entry of a permanency order which
places a child in the custody or guardianship of another person or agency, the court shall
retain jurisdiction and annually review the order to ascertain whether the best interest of the
child is being served. When the order places the child in the custody of the department for the
purpose of long-term foster care placement in a facility, the review shall be in a hearing that
shall not be waived or continued beyond twelve months after the initial permanency hearing
or the last permanency review hearing. Any modification shall be accomplished through a
hearing procedure following reasonable notice. During the hearing, all relevant and material
evidence shall be admitted and procedural due process shall be provided to all parties.
b. In lieu of the procedures specified in paragraph “a”, the court may close the child in
need of assistance case and may appoint a guardian pursuant to chapter 232D.
10. Notwithstanding any provision to the contrary, legal custody and placement of a\n\nTue Dec 09 22:21:33 2025 Iowa Code 2026, Chapter 232 (92, 1)
85 JUVENILE JUSTICE, §232.108\n\nnewborn infant for whom physical custody was relinquished pursuant to section 233.2 shall
be determined in accordance with chapter 233.
87 Acts, ch 159, §4; 89 Acts, ch 229, §6; 95 Acts, ch 182, §5; 98 Acts, ch 1190, §18, 19; 2000
Acts, ch 1067, §11, 12; 2001 Acts, ch 135, §21, 22; 2007 Acts, ch 67, §4; 2007 Acts, ch 172, §7;
2010 Acts, ch 1143, §1; 2016 Acts, ch 1063, §16, 17; 2017 Acts, ch 54, §73; 2019 Acts, ch 56,
§31, 44, 45; 2022 Acts, ch 1098, §52, 53; 2023 Acts, ch 46, §5; 2023 Acts, ch 66, §45
Referred to in §232.117, 232D.201\n\n 232.105 Reserved.
\n
Notes of Decisions
In the Interest of B.T., Minor Child, A.P., Mother (2017)
iowactapp · cites it 12×
“' Section 232.104(2)(d) sets forth several permanency options for the child’s placement, including transferring “guardianship and custody of the child to a suitable person” or transferring “custody -of the child to a suitable person for the purpose of long-term care.”
In the Interest of A.T. (2011)
iowactapp · cites it 16×
“She contends the court “improperly took the position in the permanency orders that the mother was under a burden to prove that a removal from the father’s care would be in the best interests of the children.”
In the Interest of M.S., Minor Child, T.B.-w., Father (2016)
iowactapp · cites it 4×
“See Iowa Code § 232.104 (2)(b). To grant such an extension, the court must be able to enumerate specific factors or expected behavioral changes that show the need for removal will no longer exist at the end of the additional six months.”
In the Interest of R.C. (1994)
iowactapp · cites it 28×
“Fred contends the State never sought to invoke the jurisdiction of the juvenile court to modify the permanency order, and proceeding with a hearing on the termination petition was not an appropriate exercise of the court's jurisdiction to modify the permanency order.”
In the Interest of A.A.G. (2005)
iowactapp · cites it 10×
“Denise’s resistance to the services offered, her last-minute improvement, her pending criminal charges, the uncertainty of her continued sobriety, and the uncertainty concerning Danny’s sobriety and their continuing relationship, all militate against a finding another six months…”
In the Interest of L.M.F. (1992)
iowactapp · cites it 8×
“" See Iowa Code § 232.104 (3)(a) (1991). The legislature has categorically determined "the needs of a child are promoted by termination of parental rights" if the grounds for termination of parental rights exist.”
In the Interest of J.B.L., Minor Child, Q.S., Father (2014)
iowactapp · cites it 4×
“117 (5) (providing that the court may enter an order in accordance with the provisions of section 232.104 if parental rights are not terminated following the termination hearing).”
In the Interest of C.D. (1993)
iowactapp · cites it 6×
“Iowa Code § 232.104 (4) (1991). In this case the goal of the permanency order is long-term foster care, rather than reunification.”
— Iowa Code § 232.104(1) — 5 cases
— Iowa Code § 232.104(1)(a) — 1 case
— Iowa Code § 232.104(1)(a)(1) — 1 case
— Iowa Code § 232.104(1)(a)(2) — 5 cases
— Iowa Code § 232.104(1)(c) — 5 cases
— Iowa Code § 232.104(14)(b) — 1 case
— Iowa Code § 232.104(2) — 23 cases
— Iowa Code § 232.104(2)(6) — 1 case
— Iowa Code § 232.104(2)(a) — 10 cases
In the Interest of A.T. (2011)
iowactapp
“She contends the court “improperly took the position in the permanency orders that the mother was under a burden to prove that a removal from the father’s care would be in the best interests of the children.”
— Iowa Code § 232.104(2)(b) — 528 cases
In the Interest of R.C. (1994)
iowactapp
“Fred contends the State never sought to invoke the jurisdiction of the juvenile court to modify the permanency order, and proceeding with a hearing on the termination petition was not an appropriate exercise of the court's jurisdiction to modify the permanency order.”
In the Interest of A.A.G. (2005)
iowactapp
“Denise’s resistance to the services offered, her last-minute improvement, her pending criminal charges, the uncertainty of her continued sobriety, and the uncertainty concerning Danny’s sobriety and their continuing relationship, all militate against a finding another six months…”
— Iowa Code § 232.104(2)(c) — 11 cases
— Iowa Code § 232.104(2)(d) — 47 cases
In the Interest of B.T., Minor Child, A.P., Mother (2017)
iowactapp
“' Section 232.104(2)(d) sets forth several permanency options for the child’s placement, including transferring “guardianship and custody of the child to a suitable person” or transferring “custody -of the child to a suitable person for the purpose of long-term care.”
— Iowa Code § 232.104(2)(d)(1) — 37 cases
In the Interest of A.A.G. (2005)
iowactapp
“Denise’s resistance to the services offered, her last-minute improvement, her pending criminal charges, the uncertainty of her continued sobriety, and the uncertainty concerning Danny’s sobriety and their continuing relationship, all militate against a finding another six months…”
— Iowa Code § 232.104(2)(d)(2) — 39 cases
In the Interest of A.T. (2011)
iowactapp
“She contends the court “improperly took the position in the permanency orders that the mother was under a burden to prove that a removal from the father’s care would be in the best interests of the children.”
In the Interest of A.A.G. (2005)
iowactapp
“Denise’s resistance to the services offered, her last-minute improvement, her pending criminal charges, the uncertainty of her continued sobriety, and the uncertainty concerning Danny’s sobriety and their continuing relationship, all militate against a finding another six months…”
— Iowa Code § 232.104(2)(d)(3) — 1 case
— Iowa Code § 232.104(2)(d)(4) — 4 cases
— Iowa Code § 232.104(2)(d)(l) — 2 cases
In the Interest of B.T., Minor Child, A.P., Mother (2017)
iowactapp
“' Section 232.104(2)(d) sets forth several permanency options for the child’s placement, including transferring “guardianship and custody of the child to a suitable person” or transferring “custody -of the child to a suitable person for the purpose of long-term care.”
— Iowa Code § 232.104(3) — 26 cases
In the Interest of A.A.G. (2005)
iowactapp
“Denise’s resistance to the services offered, her last-minute improvement, her pending criminal charges, the uncertainty of her continued sobriety, and the uncertainty concerning Danny’s sobriety and their continuing relationship, all militate against a finding another six months…”
— Iowa Code § 232.104(3)(a) — 10 cases
In the Interest of B.T., Minor Child, A.P., Mother (2017)
iowactapp
“' Section 232.104(2)(d) sets forth several permanency options for the child’s placement, including transferring “guardianship and custody of the child to a suitable person” or transferring “custody -of the child to a suitable person for the purpose of long-term care.”
— Iowa Code § 232.104(3)(b) — 2 cases
In the Interest of B.T., Minor Child, A.P., Mother (2017)
iowactapp
“' Section 232.104(2)(d) sets forth several permanency options for the child’s placement, including transferring “guardianship and custody of the child to a suitable person” or transferring “custody -of the child to a suitable person for the purpose of long-term care.”
— Iowa Code § 232.104(3)(c) — 3 cases
— Iowa Code § 232.104(3)(e) — 1 case
In the Interest of A.T. (2011)
iowactapp
“She contends the court “improperly took the position in the permanency orders that the mother was under a burden to prove that a removal from the father’s care would be in the best interests of the children.”
— Iowa Code § 232.104(4) — 19 cases
— Iowa Code § 232.104(4)(a) — 27 cases
— Iowa Code § 232.104(5) — 2 cases
— Iowa Code § 232.104(6) — 4 cases
In the Interest of R.C. (1994)
iowactapp
“Fred contends the State never sought to invoke the jurisdiction of the juvenile court to modify the permanency order, and proceeding with a hearing on the termination petition was not an appropriate exercise of the court's jurisdiction to modify the permanency order.”
— Iowa Code § 232.104(7) — 6 cases
— Iowa Code § 232.104(7)(a) — 3 cases
In the Interest of B.T., Minor Child, A.P., Mother (2017)
iowactapp
“' Section 232.104(2)(d) sets forth several permanency options for the child’s placement, including transferring “guardianship and custody of the child to a suitable person” or transferring “custody -of the child to a suitable person for the purpose of long-term care.”
— Iowa Code § 232.104(7)(b) — 2 cases
In the Interest of B.T., Minor Child, A.P., Mother (2017)
iowactapp
“' Section 232.104(2)(d) sets forth several permanency options for the child’s placement, including transferring “guardianship and custody of the child to a suitable person” or transferring “custody -of the child to a suitable person for the purpose of long-term care.”
— Iowa Code § 232.104(8) — 1 case
— Iowa Code § 232.104(8)(a) — 2 cases
— Iowa Code § 232.104(8)(b) — 4 cases
— Iowa Code § 232.104(9)(a) — 1 case
— Iowa Code § 232.104(9)(b) — 1 case
— Iowa Code § 232.104(b) — 1 case
— Iowa Code § 232.104(d)(2) — 1 case
— Iowa Code § 232.104(l) — 1 case
— Iowa Code § 232.104(l)(c) — 1 case
— Iowa Code § 232.104(l)(e) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.