Iowa Code

Iowa Code § 232.87 (2026)

Filing of a child in need of assistance petition — contents of petition

✓ current as of July 2026
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1. A formal judicial proceeding to determine whether a child is a child in need of assistance under this chapter shall be initiated by the filing of a petition alleging a child to be a child in need of assistance. 2. A petition may be filed by the department, juvenile court officer, or county attorney. 3. The department, juvenile court officer, county attorney or judge may authorize the filing of a petition with the clerk of the court by any competent person having knowledge of the circumstances without the payment of a filing fee. 4. The petition shall be submitted in the form specified in section 232.36. 5. The petition shall contain the information specified in section 232.36 and a clear and concise summary of the facts which bring the child within the jurisdiction of the court under this subchapter. [C79, 81, §232.87] 83 Acts, ch 96, §157, 159; 83 Acts, ch 186, §10055, 10201; 2020 Acts, ch 1062, §94; 2023 Acts, ch 19, §615 Referred to in §232.81, 232.82, 232.95, 232.98, 232D.204, 233.2

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Notes of Decisions
Cited in 23 cases (6 in the last 5 years), 1979–2026 · leading case: In the Interest of C.F.-h., Minor Child, C.H., Father, 889 N.W.2d 201 (Iowa 2016).
In the Interest of C.F.-h., Minor Child, C.H., Father, 889 N.W.2d 201 (Iowa 2016). · cites it 4× “After a section 232.87 petition to determine whether a child is in need of assistance has been filed, the court on its own motion or any person entitled to file a CINA petition may seek a hearing to determine whether the child should be temporarily removed from the home.”
In the Interest of L.L., 459 N.W.2d 489 (Iowa 1990). · cites it 2× “See Iowa Code § 232.87 (1987). Following a removal hearing, the juvenile court ordered that T.”
In the Interest of A.M.H., 516 N.W.2d 867 (Iowa 1994). · cites it 2× “Iowa Code § 232.87 (1991). The petition alleged that A.”
In the Interest of A.M.S., 419 N.W.2d 723 (Iowa 1988). · cites it 2× “See Iowa Code § 232.87 . On April 19 the juvenile court adjudicated April to be a child in need of assistance.”
Vania Minor, Individually & as Mother, Nat. Guardian & Next Best Friend of D.A. v. State of Iowa, Becky Grabe, Individually & Cleo Hester, Individually, 819 N.W.2d 383 (Iowa 2012). “§ 232.87(2). Regardless, however, of whether the county attorney or a DHS social worker files the petition, the county attorney represents DHS in CINA proceedings.”
Iowa Supreme Court Bd. of Prof'l Ethics & Conduct v. Sullins, 556 N.W.2d 456 (Iowa 1996). · cites it 2× “, Sullins concluded the sex abuse charge was imminent, but that prosecutors would gather their case by filing a CINA proceeding (child in need of assistance) (see Iowa Code §§ 232.87 -.104 (1993)). Sullins testified that he feels an extraordinary cynicism concerning the…”
In the Interest of T.R., 460 N.W.2d 873 (Iowa Ct. App. 1990). · cites it 4× “At any time after the petition is filed any person who may file a petition under section 232.87 may apply for, or the court on its own motion may order, a hearing to determine whether the child should be temporarily removed from home.”
E.J. v. State, 436 N.W.2d 630 (Iowa 1989). · cites it 2× “See Iowa Code § 232.87 (1985). A temporary removal hearing was held in which it was determined the children were children in need of assistance and custody was placed with DHS.”
In Interest of A.R., 316 N.W.2d 887 (Iowa 1982). “See § 232.87, The Code 1979. After a hearing on the same date, the children were removed from R.”
In Re the Marriage of Carrico, 284 N.W.2d 251 (Iowa 1979). “See § 232.87. Snyder, 276 N.W.2d at 406 . The same is true where, as in this case, a termination proceeding is contemplated under section 232.”
In Re Marriage of Snyder, 276 N.W.2d 402 (Iowa 1979). “See § 232.87. However, a trial court in a dissolution case custody dispute is not powerless to impose reasonable conditions upon an award of custody.”
In Interest of RJ, 436 N.W.2d 630 (Iowa 1989). · cites it 2× “See Iowa Code § 232.87 (1985). A temporary removal hearing was held in which it was determined the children were children in need of assistance and custody was placed with DHS.”
— Iowa Code § 232.87(1) — 1 case
In the Interest of L.B., Minor Child (Iowa Ct. App. 2021).
— Iowa Code § 232.87(2) — 1 case
Vania Minor, Individually & as Mother, Nat. Guardian & Next Best Friend of D.A. v. State of Iowa, Becky Grabe, Individually & Cleo Hester, Individually, 819 N.W.2d 383 (Iowa 2012). “§ 232.87(2). Regardless, however, of whether the county attorney or a DHS social worker files the petition, the county attorney represents DHS in CINA proceedings.”
— Iowa Code § 232.87(3) — 1 case
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