Iowa Code

Iowa Code § 232.21 (2026)

Placement in shelter care

✓ current as of July 2026

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1. No child shall be placed in shelter care unless one of the following circumstances applies:

a. The child has no parent, guardian, custodian, responsible adult relative or other adult approved by the court who will provide proper shelter, care and supervision.

b. The child desires to be placed in shelter care.

c. It is necessary to hold the child until the child’s parent, guardian, or custodian has been contacted and has taken custody of the child.

d. It is necessary to hold the child for transfer to another jurisdiction.

e. The child is being placed pursuant to an order of the court.

2. a. A child may be placed in shelter care as provided in this section only in one of the following facilities:

(1) A juvenile shelter care home.

(2) A licensed foster home.

(3) An institution or other facility operated by the department, or one which is licensed or otherwise authorized by law to receive and provide care for the child.

(4) Any other suitable place designated by the court provided that no place used for the detention of a child may be so designated.

b. Placement shall be made in the least restrictive facility available consistent with the best interests and special needs of the child. Foster family care shall be used for a child unless the\n\nTue Dec 09 22:21:32 2025 Iowa Code 2026, Chapter 232 (92, 1) §232.21, JUVENILE JUSTICE 20\n\nchild has problems requiring specialized service or supervision which cannot be provided in a family living arrangement.

3. When there is reason to believe that a child placed in shelter care pursuant to section 232.19, subsection 1, paragraph “c”, would not voluntarily remain in the shelter care facility, the shelter care facility shall impose reasonable restrictions necessary to ensure the child’s continued custody.

4. A child placed in a shelter care facility under this section shall not be held for a period in excess of forty-eight hours without an oral or written court order authorizing the shelter care. When the action is authorized by an oral court order, the court shall enter a written order before the end of the next day confirming the oral order and indicating the reasons for the order. A child placed in shelter care pursuant to section 232.19, subsection 1, paragraph “c”, shall not be held in excess of seventy-two hours in any event. If deemed appropriate by the court, an order authorizing shelter care placement may include a determination that continuation of the child in the child’s home is contrary to the child’s welfare and that reasonable efforts as defined in section 232.57 have been made. The inclusion of such a determination shall not under any circumstances be deemed a prerequisite for entering an order pursuant to this section. However, the inclusion of such a determination, supported by the record, may be used by the department to assist in obtaining federal funding for the child’s placement.

5. If no satisfactory provision is made for uniting a child placed in shelter care pursuant to section 232.19, subsection 1, paragraph “c”, with the child’s family, a child in need of assistance complaint may be filed pursuant to section 232.81. Nothing in this subsection shall limit the right of a child to file a family in need of assistance petition under section 232.125.

6. A child twelve years of age or younger shall not be placed in a group shelter care home, unless there have been reasonable but unsuccessful efforts to place the child in an emergency foster family home which is able to meet the needs of the child. The efforts shall be documented at the shelter care hearing. [S13, §254-a24; SS15, §254-a16; C24, 27, 31, 35, 39, §3633; C46, 50, 54, 58, 62, §232.17; C66, 71, 73, 75, 77, §232.17, 232.18; C79, 81, §232.21; 82 Acts, ch 1209, §3] 83 Acts, ch 96, §157, 159; 88 Acts, ch 1249, §10, 11; 2001 Acts, ch 135, §5; 2001 Acts, ch 176, §64; 2002 Acts, ch 1050, §22; 2009 Acts, ch 41, §263; 2023 Acts, ch 19, §592 Referred to in §232.19, 232.20, 232.44, 234.35 \n

Notes of Decisions

Cited in 7 cases, 1950–2013 · leading case: State of Iowa v. Iowa Dist. Court for Warren Cnty., 828 N.W.2d 607 (Iowa 2013).

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State of Iowa v. Iowa Dist. Court for Warren Cnty., 828 N.W.2d 607 (Iowa 2013). · cites it 16× “in shelter care pursuant to Iowa Code section 232.21. As correctly noted by the State in its statement of the issue, what is involved in this case is the placement of the child, not a temporary transfer of custody.”

In the Interest of A.M.H., 516 N.W.2d 867 (Iowa 1994). · cites it 4× “She urges that (1) the application for shelter care based on the guardian ad litem’s request was illegal because the guardian had no authority to act for the eight-month-old child; (2) the application and order were improperly drafted pursuant to Iowa Code section 232.21, a…”

Stubbs v. Hammond, 135 N.W.2d 540 (Iowa 1965). · cites it 2× “He is entitled to‘ be heard on all issues properly in the ease, and ask for the court to consider alternate commitments provided in section 232.21, Code of Iowa, 1962, and conditions and restrictions the court may order under section 232.”

McKay v. Ruffcorn, 73 N.W.2d 78 (Iowa 1955). · cites it 2× “” As we observed at the outset, there is little doubt Teresa’s best interests and welfare will be promoted by permitting her to remain in the home of her aunt and uncle.”

State v. Stemmler, 41 N.W.2d 21 (Iowa 1950). · cites it 2× “The court did not surrender its right or avoid the duty that is placed in its hands by' section 232.21, Code of 1946. While the testimony of the various witnesses for and against were largely opinions, yet the court had before it certain testimony that none of the social welfare…”

Flowers v. Haugh, 207 N.W.2d 766 (Iowa 1973). “On May 1, 1964, he was adjudicated a delinquent child and committed to the training school at Eldora under § 232.21, The Code, 1962. He remained there until June 9, 1970, when the director of child and family services for the department of social services requested approval of…”

State ex rel. Williamson v. Huddleston, 128 N.W.2d 359 (Iowa 1964). · cites it 2× “The court ordered the child removed from the custody of her parents and placed in the custody of the chief probation officer of the judicial district, as authorized by section 232.21. The child’s father appealed from the order to this court.”

— Iowa Code § 232.21(1)(e) — 1 case

State of Iowa v. Iowa Dist. Court for Warren Cnty., 828 N.W.2d 607 (Iowa 2013). “in shelter care pursuant to Iowa Code section 232.21. As correctly noted by the State in its statement of the issue, what is involved in this case is the placement of the child, not a temporary transfer of custody.”

— Iowa Code § 232.21(2) — 1 case

McKay v. Ruffcorn, 73 N.W.2d 78 (Iowa 1955). “” As we observed at the outset, there is little doubt Teresa’s best interests and welfare will be promoted by permitting her to remain in the home of her aunt and uncle.”

— Iowa Code § 232.21(2)(a)(4) — 1 case

— Iowa Code § 232.21(l)(b) — 1 case

In the Interest of A.M.H., 516 N.W.2d 867 (Iowa 1994). “She urges that (1) the application for shelter care based on the guardian ad litem’s request was illegal because the guardian had no authority to act for the eight-month-old child; (2) the application and order were improperly drafted pursuant to Iowa Code section 232.21, a…”

— Iowa Code § 232.21(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.