Iowa Code

Iowa Code § 232.96 (2026)

Adjudicatory hearing

✓ current as of July 2026

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1. The court shall hear and adjudicate cases involving a petition alleging a child to be a child in need of assistance. 2. The state shall have the burden of proving the allegations by clear and convincing evidence.\n\nTue Dec 09 22:21:33 2025 Iowa Code 2026, Chapter 232 (92, 1) §232.96, JUVENILE JUSTICE 72\n\n 3. Only evidence which is admissible under the rules of evidence applicable to the trial of civil cases shall be admitted, except as otherwise provided by this section. 4. A report made to the department pursuant to chapter 235A shall be admissible in evidence, but such a report shall not alone be sufficient to support a finding that the child is a child in need of assistance unless the attorneys for the child and the parents consent to such a finding. 5. Neither the privilege attaching to confidential communications between a health practitioner or mental health professional and patient nor the prohibition upon admissibility of communications between husband and wife shall be ground for excluding evidence at an adjudicatory hearing. 6. A report, study, record, or other writing or an audiotape or videotape recording made by the department, a juvenile court officer, a peace officer, a child protection center, or a hospital relating to a child in a proceeding under this subchapter is admissible notwithstanding any objection to hearsay statements contained in it provided it is relevant and material and provided its probative value substantially outweighs the danger of unfair prejudice to the child’s parent, guardian, or custodian. The circumstances of the making of the report, study, record or other writing or an audiotape or videotape recording, including the maker’s lack of personal knowledge, may be proved to affect its weight. 7. After the hearing is concluded, the court shall make and file written findings as to the truth of allegations of the petition and as to whether the child is a child in need of assistance. 8. If the court concludes facts sufficient to sustain a petition have not been established by clear and convincing evidence or if the court concludes that its aid is not required in the circumstances, the court shall dismiss the petition. 9. If the court concludes that facts sufficient to sustain the petition have been established by clear and convincing evidence and that its aid is required, the court may enter an order adjudicating the child to be a child in need of assistance. 10. If the court enters an order adjudicating the child to be a child in need of assistance, the court, if it has not previously done so, may issue an order authorizing temporary removal of the child from the child’s home as set forth in section 232.95, subsection 2, paragraph “b” or “c”, pending a final order of disposition. The order shall include all of the following: a. A determination that continuation of the child in the child’s home would be contrary to the welfare of the child, that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child’s home and the court has found that substantial evidence exists to demonstrate that the need for removal due to an imminent risk to the child’s life or health is greater than the potential harm including but not limited to any physical, emotional, social, or mental trauma the removal may cause the child. The court’s determination regarding continuation of the child in the child’s home, and regarding reasonable efforts, including those made to prevent removal and those made to finalize any permanency plan in effect, as well as any determination by the court that reasonable efforts are not required, must be made on a case-by-case basis. The grounds for each determination must be explicitly documented and stated in the court order. However, preserving the safety of the child is the paramount consideration. If imminent danger to the child’s life or health exists at the time of the court’s consideration, the determinations otherwise required under this paragraph shall not be a prerequisite for an order for temporary removal of the child. b. A statement informing the child’s parent that the consequences of a permanent removal may include termination of the parent’s rights with respect to the child. c. If the court orders a removal of a child pursuant to this subsection and placement of a child pursuant to section 232.95, subsection 2, paragraph “c”, subparagraph (2), (3), (4), or (5), a specific finding that placement with an adult relative is not in the child’s best interests and the reasons for the finding. 11. a. If the court places custody of the child with the department pursuant to subsection 10, the court may identify a category listed in section 232.95, subsection 2, paragraph “c”, for placement of the child, but the department shall have the authority to select the specific person or facility within that category for placement, subject to court review at the request of an interested party. b. The court shall give deference to the department’s decision for placement of a child. A

Tue Dec 09 22:21:33 2025 Iowa Code 2026, Chapter 232 (92, 1) 73 JUVENILE JUSTICE, §232.96A\n\nparty opposed to the department’s placement of a child shall have the burden to prove the department failed to act in the child’s best interests by unreasonably or irresponsibly failing to discharge its duties in selecting a suitable placement for the child. [C66, 71, 73, 75, 77, §232.31; C79, 81, §232.96] 83 Acts, ch 96, §157, 159; 83 Acts, ch 186, §10055, 10201; 84 Acts, ch 1207, §4; 87 Acts, ch 153, §7; 98 Acts, ch 1190, §9; 2000 Acts, ch 1067, §9; 2001 Acts, ch 135, §16; 2020 Acts, ch 1062, §94; 2022 Acts, ch 1098, §41 – 43; 2023 Acts, ch 19, §617 Referred to in §232.99, 232.104, 232.116, 600A.7

Notes of Decisions

Cited in 997 cases (385 in the last 5 years), 1980–2026 · leading case: In the Interest of A.M., Minor Child. Heather Thomas, Subpoenaed Witness, 856 N.W.2d 365 (Iowa 2014).

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In the Interest of A.M., Minor Child. Heather Thomas, Subpoenaed Witness, 856 N.W.2d 365 (Iowa 2014). · cites it 52× “Iowa Code § 232.96 (5). Because a CINA proceeding is a two-step process, the privilege does not exclude the evidence from being admitted at a CINA dispositional hearing.”

In the Interest of C.F.-h., Minor Child, C.H., Father, 889 N.W.2d 201 (Iowa 2016). · cites it 30× “See Iowa Code § 232.96 (6) (providing that certain reports and records are admissible in juvenile proceedings).”

In the Interest of T.S. & K.G., Minor Child., L.G., Mother, K.G., Father of K.G., 868 N.W.2d 425 (Iowa Ct. App. 2015). · cites it 12× “Iowa Code § 232.96 . Clear and convincing evidence is more than a preponderance of the evidence and less than evidence beyond a reasonable doubt.”

In the Interest of M.S., Minor Child, T.B.-w., Father, 889 N.W.2d 675 (Iowa Ct. App. 2016). · cites it 8× “See Iowa Code § 232.96 . Clear and convincing evidence is more than a preponderance of the evidence and less than evidence beyond a reasonable doubt.”

In the Interest of M.W. & Z.W., Minor Child., R.W., Mother, 876 N.W.2d 212 (Iowa 2016). · cites it 4× “has been adjudicated a child in need of assistance pursuant to section 232.96. (3) The child has been removed from the physical custody of the child’s parents for at least six months of the last twelve months, or for the last six consecutive months and any' trial period at home…”

In the Interest of J.S. & N.S., Minor Child., A.S., Mother, 846 N.W.2d 36 (Iowa 2014). · cites it 8× “are children in need of assistance under Iowa Code section 232.2(6)(b)? Although Ashley does not contest the CINA determination under section 232.”

In the Interest of L.M., 904 N.W.2d 835 (Iowa 2017). · cites it 4× “(2) The child has been adjudicated a child in need of assistance pursuant to section 232.96. (3) The child has been removed from the physical custody of the child’s parents for at least six months of the last twelve months, or for the last six consecutive months and any trial…”

In the Interest of M.D., K.T., G.A., E.A. & S.A., Minor Child., 921 N.W.2d 229 (Iowa 2018). · cites it 4× “19; see also Iowa Code § 232.96 (4)–(6). However, the majority’s decision to transform the termination hearing procedures from civil to quasi- criminal and prioritize the rights of a parent over the best interest of a child serves only to thwart this court’s commitment to…”

In the Interest of Long, 313 N.W.2d 473 (Iowa 1981). · cites it 14× “See § 232.96, The Code. That order also provided for a social investigation and report, see § 232.”

In the Interest of L.H., 904 N.W.2d 145 (Iowa 2017). · cites it 4× “See Iowa Code § 232.96 (2). “Clear and convincing evidence” exists “when there are no ‘serious or substantial doubts as to the correctness [of] conclusions of law drawn from the evidence.”

State Ex Rel. Leas in Interest of O'Neal, 303 N.W.2d 414 (Iowa 1981). · cites it 10× “96(5) provides: “Neither the privilege attaching to confidential communications between a physician and patient nor the prohibition upon admissibility of communications between husband and wife shall be ground for excluding evidence at an adjudicatory hearing.”

In the Interest of A.M., Minor Child, A.M., Father, 843 N.W.2d 100 (Iowa 2014). · cites it 2× “116(1)(⅞), the court may terminate the rights of a parent to a child if: (1) the child is three years old or younger, (2) the child has been adjudicated a CINA under section 232.96, (3) the child has been out of the parent’s custody for at least six of the last twelve months or…”

Show all 997 citing cases →

— Iowa Code § 232.96(10) — 5 cases

In the Interest of C.F.-h., Minor Child, C.H., Father, 889 N.W.2d 201 (Iowa 2016). “See Iowa Code § 232.96 (6) (providing that certain reports and records are admissible in juvenile proceedings).”

In the Interest of C.F.-h., Minor Child, C.H., Father (Iowa Ct. App. 2016).

In the Interest of P.H., Minor Child (Iowa Ct. App. 2020).

In the Interest of K.T., Minor Child (Iowa Ct. App. 2022).

Amended March 23, 2017 In the Interest of C.F.-H., Minor Child, C.H., Father (Iowa 2016).

— Iowa Code § 232.96(10)(6) — 1 case

— Iowa Code § 232.96(10)(a) — 4 cases

In the Interest of T.S. & K.G., Minor Child., L.G., Mother, K.G., Father of K.G., 868 N.W.2d 425 (Iowa Ct. App. 2015). “Iowa Code § 232.96 . Clear and convincing evidence is more than a preponderance of the evidence and less than evidence beyond a reasonable doubt.”

In the Interest of D.C., T.C., T.C., T.C., & T.J., Minor Child. (Iowa Ct. App. 2024).

Amended March 23, 2017 In the Interest of C.F.-H., Minor Child, C.H., Father (Iowa 2016).

— Iowa Code § 232.96(10)(b) — 2 cases

Amended March 23, 2017 In the Interest of C.F.-H., Minor Child, C.H., Father (Iowa 2016).

— Iowa Code § 232.96(11) — 1 case

In the Interest of J.B. & R.R., Minor Child. (Iowa Ct. App. 2026).

— Iowa Code § 232.96(11)(a) — 1 case

In the Interest of L.S., Minor Child (Iowa Ct. App. 2024).

— Iowa Code § 232.96(11)(b) — 1 case

In the Interest of L.S., Minor Child (Iowa Ct. App. 2024).

— Iowa Code § 232.96(2) — 9 cases

In the Interest of L.H., 904 N.W.2d 145 (Iowa 2017). “See Iowa Code § 232.96 (2). “Clear and convincing evidence” exists “when there are no ‘serious or substantial doubts as to the correctness [of] conclusions of law drawn from the evidence.”

In the Interest of B.G.C., 496 N.W.2d 239 (Iowa 1993).

In the Interest of Driver, 311 N.W.2d 87 (Iowa 1981).

In the Interest of G.D. & O.D., Minor Child. (Iowa Ct. App. 2020).

In the Interest of P.H., Minor Child (Iowa Ct. App. 2020).

— Iowa Code § 232.96(3) — 3 cases

In the Interest of D.E.D., 476 N.W.2d 737 (Iowa Ct. App. 1991).

In the Interest of A.S., 743 N.W.2d 865 (Iowa Ct. App. 2007).

In Re As, 743 N.W.2d 865 (Iowa Ct. App. 2007).

— Iowa Code § 232.96(3)(a) — 1 case

In the Interest of K.M., Minor Child (Iowa Ct. App. 2025).

— Iowa Code § 232.96(3)(b) — 2 cases

In the Interest of L.H., Minor Child (Iowa Ct. App. 2024).

In the Interest of M.A. & M.A., Minor Child. (Iowa Ct. App. 2024).

— Iowa Code § 232.96(4) — 1 case

In the Interest of D.S., Minor Child, T.K., Mother (Iowa Ct. App. 2015).

— Iowa Code § 232.96(5) — 4 cases

In the Interest of A.M., Minor Child. Heather Thomas, Subpoenaed Witness, 856 N.W.2d 365 (Iowa 2014). “Iowa Code § 232.96 (5). Because a CINA proceeding is a two-step process, the privilege does not exclude the evidence from being admitted at a CINA dispositional hearing.”

State Ex Rel. Leas in Interest of O'Neal, 303 N.W.2d 414 (Iowa 1981). “96(5) provides: “Neither the privilege attaching to confidential communications between a physician and patient nor the prohibition upon admissibility of communications between husband and wife shall be ground for excluding evidence at an adjudicatory hearing.”

In the Interest of D.S., Minor Child, T.K., Mother (Iowa Ct. App. 2015).

State of Iowa v. Cameron James Hess (Iowa 2022).

— Iowa Code § 232.96(6) — 25 cases

In the Interest of Long, 313 N.W.2d 473 (Iowa 1981). “See § 232.96, The Code. That order also provided for a social investigation and report, see § 232.”

In the Interest of J.L.W., 570 N.W.2d 778 (Iowa Ct. App. 1997).

In the Interest of E.H., 578 N.W.2d 243 (Iowa 1998).

In the Interest of N.N., 692 N.W.2d 51 (Iowa Ct. App. 2004).

— Iowa Code § 232.96(8) — 3 cases

In the Interest of G.R., 348 N.W.2d 627 (Iowa 1984).

In the Interest of A.W. & B.W., Minor Child. (Iowa Ct. App. 2019).

In the Interest of P.K., Minor Child (Iowa Ct. App. 2021).

— Iowa Code § 232.96(9) — 1 case

In the Interest of A.W., Minor Child (Iowa Ct. App. 2024).

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