1. A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
2. If there is no previous child-custody determination that is entitled to be enforced under this chapter and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under sections 598B.201 through 598B.203, a child-custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under sections 598B.201 through 598B.203. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 598B.201 through 598B.203, a child-custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.
3. If there is a previous child-custody determination that is entitled to be enforced under this chapter, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under sections 598B.201 through 598B.203, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 598B.201 through 598B.203. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
4. A court of this state which has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a state having jurisdiction under sections 598B.201 through 598B.203, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to sections 598B.201 through 598B.203, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. 99 Acts, ch 103, §16; 2000 Acts, ch 1154, §36 Referred to in §598B.201, 598B.202, 598B.203, 598B.206, 598B.208, 598B.310, 598B.314 \n
Notes of Decisions
Cited in
24
cases (
6 in the last 5 years), 2008–2026 · leading case:
In the interest of E.D., 812 N.W.2d 712 (Iowa Ct. App. 2012).
In the interest of E.D., 812 N.W.2d 712 (Iowa Ct. App. 2012).
· cites it 40× “See Iowa Code § 598B.204. However, the exercise of emergency jurisdiction only confers authority to enter temporary protective orders.”
In the Interest of J.M., 832 N.W.2d 713 (Iowa Ct. App. 2013).
· cites it 21× “This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues…”
In the Interest of B.C., Minor Child, S.C., Mother, 845 N.W.2d 77 (Iowa Ct. App. 2014).
· cites it 10× “” [[Image here]] The Court believes that based on the language of Iowa Code Section 598B.204, because the Department of Human Services recognized that this was a child in an emergency situation, it did have the right to step in and take the necessary action to protect the child.”
Stauffer v. Temperle, 794 N.W.2d 317 (Iowa Ct. App. 2010).
· cites it 6× “202 (“Except as otherwise provided in section 598B.204, a court of this state which has made a child-custody determination consistent with section 598B.”
In Re Guardianship of Deal-Burch, 759 N.W.2d 341 (Iowa Ct. App. 2008).
· cites it 2× “Except as otherwise provided in section 598B.204, a court of this state has jurisdiction to make an initial child-custody determination only if any of the following applies: a.”
In the Interest of D.L., E.L., & J.L., Minor Child. (Iowa Ct. App. 2019).
· cites it 18× “We find the juvenile court had subject matter jurisdiction to remove the children, who were originally from Texas, under the temporary emergency jurisdiction provision of the Uniform Child- Custody Jurisdiction Enforcement Act (UCCJEA), Iowa Code section 598B.204 (2018), and…”
In the Interest of R.A., Minor Child (Iowa Ct. App. 2019).
· cites it 10× “Except as otherwise provided in section 598B.204, a court of this state has jurisdiction to make an initial child-custody determination only if any of the following applies: a.”
Angela Victoria Hullman v. Bill Robert Richards (Iowa Ct. App. 2021).
· cites it 8× “With protection for the child at the forefront, Angela applied to register the foreign custody decree and for an ex parte order for temporary custody under Iowa Code section 598B.204. After the district court granted the application and entered an emergency order suspending…”
In the Interest of J.S., P.S., & S.S., Minor Child. (Iowa Ct. App. 2023).
· cites it 6× “He relies on Iowa Code section 598B.204 (2022), which deals with temporary emergency jurisdiction under the UCCJEA, noting that the child’s presence in the state is necessary to confer jurisdiction.”
In the Interest of K.L., Minor Child (Iowa Ct. App. 2024).
· cites it 6× “So, the Iowa juvenile court invoked temporary emergency jurisdiction 6 under section 598B.204 for the removal until jurisdiction could be determined under the UCCJEA.”
— Iowa Code § 598B.204(1) — 14 cases
In the Interest of B.C., Minor Child, S.C., Mother, 845 N.W.2d 77 (Iowa Ct. App. 2014).
“” [[Image here]] The Court believes that based on the language of Iowa Code Section 598B.204, because the Department of Human Services recognized that this was a child in an emergency situation, it did have the right to step in and take the necessary action to protect the child.”
In the interest of E.D., 812 N.W.2d 712 (Iowa Ct. App. 2012).
“See Iowa Code § 598B.204. However, the exercise of emergency jurisdiction only confers authority to enter temporary protective orders.”
In the Interest of J.M., 832 N.W.2d 713 (Iowa Ct. App. 2013).
“This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues…”
In the Interest of D.L., E.L., & J.L., Minor Child. (Iowa Ct. App. 2019).
“We find the juvenile court had subject matter jurisdiction to remove the children, who were originally from Texas, under the temporary emergency jurisdiction provision of the Uniform Child- Custody Jurisdiction Enforcement Act (UCCJEA), Iowa Code section 598B.204 (2018), and…”
In the Interest of R.A., Minor Child (Iowa Ct. App. 2019).
“Except as otherwise provided in section 598B.204, a court of this state has jurisdiction to make an initial child-custody determination only if any of the following applies: a.”
— Iowa Code § 598B.204(1)(a) — 1 case
In the Interest of R.A., Minor Child (Iowa Ct. App. 2019).
“Except as otherwise provided in section 598B.204, a court of this state has jurisdiction to make an initial child-custody determination only if any of the following applies: a.”
— Iowa Code § 598B.204(2) — 5 cases
In the interest of E.D., 812 N.W.2d 712 (Iowa Ct. App. 2012).
“See Iowa Code § 598B.204. However, the exercise of emergency jurisdiction only confers authority to enter temporary protective orders.”
In the Interest of J.M., 832 N.W.2d 713 (Iowa Ct. App. 2013).
“This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues…”
In the Interest of D.L., E.L., & J.L., Minor Child. (Iowa Ct. App. 2019).
“We find the juvenile court had subject matter jurisdiction to remove the children, who were originally from Texas, under the temporary emergency jurisdiction provision of the Uniform Child- Custody Jurisdiction Enforcement Act (UCCJEA), Iowa Code section 598B.204 (2018), and…”
— Iowa Code § 598B.204(3) — 1 case
— Iowa Code § 598B.204(4) — 4 cases
In the interest of E.D., 812 N.W.2d 712 (Iowa Ct. App. 2012).
“See Iowa Code § 598B.204. However, the exercise of emergency jurisdiction only confers authority to enter temporary protective orders.”
In the Interest of R.A., Minor Child (Iowa Ct. App. 2019).
“Except as otherwise provided in section 598B.204, a court of this state has jurisdiction to make an initial child-custody determination only if any of the following applies: a.”
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