Iowa Code § 232.61

Jurisdiction

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1. The juvenile court shall have exclusive jurisdiction over proceedings under this chapter alleging that a child is a child in need of assistance. 2. In determining such jurisdiction the age and marital status of the child at the time the proceedings are initiated is controlling. [C71, 73, 75, 77, §232.63; C79, 81, §232.61]

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Notes of Decisions
Cited in 25 cases (2 in the last 5 years), 1967–2024 · leading case: Mallory v. Paradise
Mallory v. Paradise (1969) iowa · cites it 14× “We reached this result in spite of section 232.61 (since repealed) which provided: "Any child taken before any justice of the peace or police court charged with a public offense shall, together with the case, be at once transferred by said court to the juvenile court.”
In the Interest of Q.G. and W.G., Minor Children (2018) iowa · cites it 2× “offered a somewhat different argument, namely, that the district court does not have exclusive jurisdiction of private termination actions.”
In the Interest of J.c, Minor Child. D.C., Father (2014) iowa · cites it 2× “Iowa Code § 232.61 (1). CINA proceedings may not take place without the presence of statutorily identified necessary parties.”
In Re the Marriage of Gulsvig (1993) iowa · cites it 4× “2d 402, 406 (Iowa 1979) (dissolution court could not find child to be in need of assistance within meaning of Iowa Code section 232.61(1) (1979)). We have also held the dissolution court lacked subject matter jurisdiction to expand authority of an administrative agency beyond…”
State v. Stueve (1967) iowa · cites it 8× “Section 232.61 does provide that any child taken before a justice of the peace or police court charged with a public offense shall, together with the case, be at once transferred by that court to the juvenile court for its consideration.”
In the Interest of I.L.G.R. (1988) iowa · cites it 4× “See generally Iowa Code §§ 232.61 — .103 (1981). 3 . "A homemaker-home health aide may be assigned to give care to a child in the child’s place of residence.”
Ashby v. Haugh (1967) iowa · cites it 7× “First, that since plaintiff was in fact under 18 it was mandatory under what is now section 232.61, Code 1966, that he be referred to the juvenile court of Ringgold County before the district court could sentence him under the county attorney’s information filed against him…”
In the Interest of C.S. (1994) iowa · cites it 2× “Iowa Code § 232.61 (1993). A “child in need of assistance” includes a minor who is in need of treatment to cure or alleviate a serious mental illness and whose parent is unable or unwilling to provide such treatment.”
Iowa Department of Social Services v. Blair (1980) iowa · cites it 2× “In Snyder we held that a district court could not find a child to be in need of assistance within the meaning of section 232.61(1) and then order placement of the child under the protective supervision of the Department in the context of a chapter 598 custody determination.”
E.J. v. State (1989) iowa · cites it 2× “See generally Iowa Code §§ 232.61 — 232.103 (1979). At that time Beth’s father was in prison.”
In Re Marriage of Snyder (1979) iowa · cites it 2× “See § 232.61(1), The Code 1979 (“The juvenile court shall have exclusive jurisdiction over proceedings under this Act alleging that a child is in need of assistance.”
In the Interest of H.G. (1999) iowa · cites it 3× “These circumstances generally involve deficiencies in parenting, and range from parental abandonment to numerous types of harm visited upon the child as a result of the acts or omissions of the parent.”
— Iowa Code § 232.61(1) — 4 cases
In Re the Marriage of Gulsvig (1993) iowa “2d 402, 406 (Iowa 1979) (dissolution court could not find child to be in need of assistance within meaning of Iowa Code section 232.61(1) (1979)). We have also held the dissolution court lacked subject matter jurisdiction to expand authority of an administrative agency beyond…”
Iowa Department of Social Services v. Blair (1980) iowa “In Snyder we held that a district court could not find a child to be in need of assistance within the meaning of section 232.61(1) and then order placement of the child under the protective supervision of the Department in the context of a chapter 598 custody determination.”
In Re Marriage of Snyder (1979) iowa “See § 232.61(1), The Code 1979 (“The juvenile court shall have exclusive jurisdiction over proceedings under this Act alleging that a child is in need of assistance.”
— Iowa Code § 232.61(2) — 2 cases
In the Interest of H.G. (1999) iowa “These circumstances generally involve deficiencies in parenting, and range from parental abandonment to numerous types of harm visited upon the child as a result of the acts or omissions of the parent.”
In Re HG (1999) iowa
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