Special Consideration Panel
2:30 p.m.- 3:30 p.m.
Presented by
Concurrent Jurisdiction
Barbara Davis
1200 Valley West Drive
West Des Moines, Iowa 50266
Phone: 515-225-9300
Suspension of Child Support
Ellen Ramsey-Kacena
4403 First Ave SE, Suite 300
Cedar Rapids, Iowa 52402
Phone: 319-393-4683
Guardianship Transfer and
(EDMS) from a Judge's Perspective
Hon. Connie Cohen
Associate Juvenile Judge
District 5C
Polk County Courthouse
500 Mulberry Street
Des Moines, Iowa 50309
Phone: 515-286-3037
Differential Response
from theDHS
Kristi Traynor
Assistant Attorney General
1305 E. Walnut St
Des Moines, Iowa 50319
Phone: 515-281-3022
Concurrent Jurisdiction
Barb Davis
Barbara Durden Davis, P.C.
1200 Valley West Drive, Suite 206-16
West Des Moines, lA 50266
Tel: (515) 225-9300
Fax: (515) 225-7536
www.BarbaraDurdenDavis.com
I.
Basics: Subject Matter Jurisdiction:
A. Iowa Code Chapter 602 Judicial Branch
1.
Article 6- District Court§ 602.6101: Exclusive, general, and original
jurisdiction of all actions ...... civil, criminal, probate and juvenile EXCEPT
where exclusive or concurrent jurisdiction is conferred.
2.
Article 7- Juvenile Court§ 602-7101: Establishes a juvenile court in each
county and has the jurisdiction provided in chapter 232.
B. Exclusive jurisdiction in Juvenile Court
1.
§ 232.61 (1) gives the juvenile court exclusive jurisdiction of Child in Need
of Assistance cases. Note: if Juvenile Court already has jurisdiction
pursuant to CINA part of chapter 232 (Division Ill), it has exclusive
jurisdiction for Termination of Parental Rights actions. See §232.109.
2.
§232.3(1) prevents the litigation concurrently of issues of custody,
guardianship or placement of a child who is the subject of the juvenile
court action in a court other than the juvenile court.
C. Juvenile Court may request another Court to exercise concurrent jurisdiction on
specific issue. See §232.3(2)
II. Support for Children within Juvenile Court:
A. Parental liability in juvenile court (distinguished from "child support"L':_ _ _ _ _ _ _ _ __
1.
§232.4- Parental liability order authority.
Concurrent Jurisdiction-1
2.
§234.39- Responsibility of parent for costs of foster care and assignment
of support payments. See 234.39 {1-5).
B.
§598.2 gives District Court jurisdiction over dissolution of marriage and
domestic relations:
1.
As to child support- whether temporary: §598.10(2), for a final decree:
§598.21B or upon a modification of a Decree: §598.21C.
2.
Code provides many criteria for determining the amount of child support
and must be pursuant to the Supreme Court guidelines in Iowa Rule of Civil
Procedure Chapter 9.
C. Most often parents were never married and order entered administratively by
the Child Support Recovery Unit: See §252B.20
D. Jurisdiction of Juvenile Court to suspend child support, not establish or modify or
order reimbursement.
Concurrent Jurisdiction-2
602.6101. Unified trial court, lAST§ 602.6101
Iowa Code Annotated
Title XV. Judicial Branch and ,Judicial Procedures [Chs. 595-686]
Subtitle 2. Courts [Chs. 6o2-610A]
Chapter 602. ,Judicial Branch (Refs & Annas)
Article 6. District Court (Refs & Annas)
Part 1. General Provisions
I.C.A. § 602.6101
602.6101.
Unified trial court
Currentness
A unified trial court is established. This court is the "Iowa District Court". The district court has exclusive, general, and
original jurisdiction of all actions, proceedings, and remedies, civil, criminal, probate, and juvenile, except in cases where
exclusive or concurrent jurisdiction is conferred upon some other court, tribunal, or administrative body. The district court
has all the power usually possessed and exercised by trial courts of general jurisdiction, and is a court of record.
Credits
Acts 1983 (70G.A.)ch. 186,§7101,eff.July I, 1983.
Notes of Decisions containing your search terms (0)
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I. C. A.§ 602.6101, lAST§ 602.6101
Curr<Jllt_\Vith iiTIJT]edi ately _effective legislation signed as of 4/1 0120 13 . . :f. ,ro,,,m,.,. . .t::h"e'"-''··'··'·····'···"'·~··'··''''·'··'·····-·-·
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Concurrent Jurisdiction-3
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602.710'1. Juvenile court, lAST§ 602.7101
Iowa Code Annotated
Title XV. ,Judicial Branch and Judicial Procedures [Chs. 59.5-686]
Subtitle 2. Courts [Chs. 6o2-610A]
Chapter 602. ,Judicial Branch (Refs & Annas)
Article 7. ,Juvenile Court
Part L The Court
LC.A. § 602.7101
602.7101. ,Juvenile court
Currentness
1. A juvenile cmut is established in each county. The juvenile court is within the district court and has the jurisdiction
provided in chapter 232.
2. The jurisdiction of the juvenile court may be exercised by any district judge, and by any district associate judge who is
designated by the chief judge as a judge of the juvenile court.
3. The chief judge shall designate one or more of the district judges and district associate judges to act as judges of the
juvenile court for a county. The chief judge may designate a juvenile court judge to preside in more than one county.
4. The designation of a judicial officer as a juvenile court judge does not deprive the officer of other judicial functions. Any
district judge may act as a juvenile court judge during the absence or inability to act, or upon the request, of the designated
juvenile court judge.
5. The juvenile cou1t is always open for the transaction of business, but the hearing of a matter that requires notice shall be
had at a time and place fixed by the juvenile court judge.
Credits
Acts 1983 (70 G.A.) ch. 186, § 8101, eff. July I, 1983.
Notes of Decisions containing your search terms (0)
Viewall7
I. C. A.§ 602.7101, lAST§ 602.7101
Cnrr(ln( ll'ith im111edi~tely effective legislation signed -~~__ of4!1"'0/~2"0~13'--"fi-='o"'m'-t"'h"'e..::2:.;;0..:.1.:..3..:.Rc.;eccgc_.SCce:.;;sc;s,__~~~~~~~~~=~~~~~
End of nocumeut
Concurrent Jurisdiction-4
232.61. Jurisdiction, lAST§ 232.61
Iowa Code Annotated
Title VI. Human Services [Chs. 216-255A]
Subtitle 5. Juveniles [Chs. 232-233B]
Chapter 232. Juvenile Justice (Refs & Annas)
Division III. Child in Need of Assistance Proceedings (Refs & Annas)
Part 1. General Provisions (Refs & Annas)
I.C.A. § 232.61
232.61. ,Jurisdiction
Currentness
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.
Credits
Acts 1978 (67 G.A.) ch. 1088, § 36, eff. July I, 1979.
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I. C. A. § 232.61, fA ST § 232.6!
CutTen tvvithJ.mtlle¢i~teiy effe_C(i ve. Iegi sl ation sig~1ed asof4/ I 0/2013 from . the. .2.0.1..3.. 11,eg,~es.s.,
End nl' J)o('UJn('nl
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Concurrent Jurisdiction-5
232.3. Concurrent court proceedings, lAST§ 232.3
Iowa Code Annotated
Title VI. Human Services [Chs. 216-255A]
Subtitle 5· ,Juveniles [Chs. 232-233B]
Chapter 232. ,Juvenile ,Justice (Refs & Annas)
Division I. Construction and Definitions
I.C.A. § 232.3
232.3. Concurrent court proceedings
Currenlncss
1. Dming the pendency of an action under this chapter, a party to the action is estopped from litigating concurrently the
custody, guardianship, or placement of a child who is the subject of the action, in a court other than the juvenile court. A
district judge, district associate judge, magistrate, or judicial hospitalization referee, upon notice of the pendency of an action
under this chapter, shall not issue an order, finding, or decision relating to the custody, guardianship, or placement of the
child who is the subject of the action, under any law, including but not limited to chapter 598, 5988, or 633.
2. The juvenile court with jmisdiction of the pending action under this chapter, however, may, upon the request of a pmiy to
the action or on its own motion, authorize the party to litigate concurrently in another court a specific issue relating to the
custody, guardianship, or placement of the child who is the subject of the action. Before authorizing a pmiy to litigate a
specific issue in another couti, the juvenile court shall give all parties to the action an opportunity to be heard on the proposed
authorization. The juvenile court may request but shall not require another court to exercise jurisdiction and adjudicate a
specific issue relating to the custody, guardianship, or placement of the child.
Credits
Added by Acts 1983 (70 G.A.) ch. 21, § 2; Acts 1983 (70 G.A.) ch. 186, § 10056, elf. July 1,1983. Amended by Acts 1999
(78 G.A.) ch. I 03, § 42.
Notes of Decisions containing your search terms (0)
View a1112
I. C. A. § 232.3, IA ST § 232.3
Current_VIitb imrrrediatelyeJfectiye legislation signed as. of 411 0!20 13_fJ'Ol11 th() 2013_]Zeg,Sess.
End of Ooturnent
Concurrent Jurisdiction-6
232.4. Jurisdiction--support obligation, lAST§ 232.4
Iowa Code Annotated
Title VI. Human Services [Chs. 216-255A]
Subtitle 5. Juveniles [Chs. 2:J2-233B]
Chapter 232. ,Juvenile Justice (Refs & Annas)
Division I. Construction and Definitions
I.C.A. § 2324
2324 Jurisdiction--support obligation
CunentJcss
Notwithstanding any other provision of this chapter, and for the purposes of establishing a parental liability obligation for a
child under the jurisdiction of the juvenile court, a support obligation shall be established pursuant to section 234.39.
Credits
Added by Acts 1992 (74 G.A.) ch. 1195, § 302. Amended by Acts 1994 (75 G.A.) ch. 1171, § 7.
I. C. A. § 232.4, !A ST § 232.4
Current with i m1ne~iately (lffectivelegis la_ti9tc signe~ as _ ()f_'l/l O/~Ql3_frorn_the 2Q}3 JZ()g:S_ess.
End of D(H~umcnl
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Concurrent Jurisdiction-7
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234.39. Responsibility for cost of services, lAST§ 234.39
Iowa Code Annotated
Title VI. Human Services [Cbs. 216-255A]
Subtitle 6. Children and Families [Cbs. 234-255A]
Chapter 234. Child and Family Services (Refs & Annas)
Foster Care Expense
I.C.A. § 234.39
234.39. Responsibility for cost of services
Currentness
It is the intent of this chapter that an individual receiving foster care services and the individual's parents or guardians shall
have primary responsibility for paying the cost of the care and services. The support obligation established and adopted under
this section shall be consistent with the limitations on legal liability established under sections 222.78 and 230.15, and by any
other statute limiting legal responsibility for support which may be imposed on a person for the cost of care and services
provided by the department. The department shall notify an individual's parents or guardians, at the time of the placement of
an individual in foster care, of the responsibility for paying the cost of care and services. Support obligations shall be
established as follows:
I. For an individual to whom section 234.35, subsection I, is applicable, a dispositional order of the juvenile court requiring
the provision of foster care, or an administrative order entered pursuant to chapter 252C, or any order establishing paternity
and support for a child in foster care, shall establish, after notice and a reasonable oppo1it111ity to be heard is provided to a
parent or guardian, the amount of the parent's m guardian's support obligation for the cost of foster care provided by the
department. The amount of the parent's or guardian's support obligation and the amount of support debt accrued and
accruing shall be established in accordance with the child support guidelines prescribed under section 598.218. However, the
cow·t, or the department of human services in establishing support by administrative order, may deviate from the prescribed
obligation after considering a recommendation by the department for expenses related to goals and objectives of a case
permanency plan as defined under section 237.15, and upon written findings of fact which specify the reason for deviation
and the prescribed guidelines amount. Any order for support shall direct the payment of the support obligation to the
collection services center for the use of the department's foster care recovery unit. The order shall be filed with the clerk of
the district court in which the responsible parent or guardian resides and has the same force and effect as a judgment when
entered in the judgment docket and lien index. The collection services center shall disburse the payments pursuant to the
order and record the disbursements. If payments are not made as ordered, the child support recovery unit may certify a
default to the court and the court may, on its own motion, proceed under section 598.22 or 598.23 or the child support
recovery unit may enfmce the judgment as allowed by law. An order entered under this subsection may be modified only in
accordance with the guidelines prescribed under section 598.21 C, m under chapter 252H.
2. For an individual who is served by the department of hu1-:1an services under section 234.35, and is not subject to a
dispositional mder of the juvenile court requiring the provision of foster care, the department shall determine the obligation
of the individual's parent or guardian pursuant to chapter 252C and in accordance with the child supp01t guidelines
prescribed under section 598.21 B. However, the department may adjust the prescribed obligation for expenses related to
goals and objectives of a case permanency plan as defined under section 237.15. An obligation determined under this
subsection may be modified only in accordance with conditions under section 598.21 C, or under chapter 252H.
3. A person entitled to periodic support payments pursuant to an order or judgment entered in any action for support, who
also is or has a child receiving foster care services, is deemed to have assigned to the department current and accruing support
payments attributable to the child effective as of the date the child enters foster care placement, to the extent of expenditure
of foster care funds. The department shall notify the clerk of the district court when a child entitled to support payments is
Concurrent Jurisdiction-8
234.39. Responsibility for cost of services, lAST§ 234.39
receiving foster care services pursuant to chapter 234. Upon notification by the department that a child entitled to periodic
support payments is receiving foster care services, the clerk of the district court shall make a notation of the automatic
assignment in the judgment docket and lien index. The notatio:1 constitutes constructive notice of assignment. The clerk of
court shall furnish the department with copies of all orders and decrees awarding support when the child is receiving foster
care services. At the time the child ceases to receive foster care services, the assignment of support shall be automatically
terminated. Unpaid support accrued under the assignment of support rights during the time that the child was in foster care
remains due to the department up to the amount ofunreimbursed foster care funds expended. The department shall notify the
clerk of court of the automatic termination of the assignment. Unless otherwise specified in the support order, an equal and
proportionate share of any child supp011 awarded shall be presumed to be payable on behalf of each child subject to the order
or judgment for purposes of an assignment under this section.
4. The suppo11 debt for the costs of services, for which a supp011 obligation is established pursuant to this section, which
accrues prior to the establishment of the support debt, shall be collected, at a maximum, in the amount which is the amount of
accrued support debt for the three months preceding the earlier of the following:
a. The provision by the child supp011 recovery unit of the initial notice to the parent or guardian of the amount of the support
obligation.
b. The date that the written request for a court hearing is received by the child support recovery unit as provided in section
252C.3 or 2521'.3.
5. If the department makes a subsidized guardianship pay men: for a child, the payment shall be considered a foster care
paym(jnl for purposes of child supp01i recovery. All provisions of this and other sections, and of rules and orders adopted or
entered pursuant to those sections, including for the establishment of a paternity or support order, for the amount of a support
obligation, for the modification or adjustment of a support obligation, for the assignment of support, and for enforcement
shall apply as if the child were receiving foster care services, or were in foster care placement, or as if foster care funds were
being expended for the child. This subsection shall apply regardless of the date of placement in foster care or subsidized
guardianship or the date of entry of an order, and foster care and subsidized guardianship shall be considered the same for
purposes of child support recovery.
Credits
Added by Acts 1974 (65 G.A.) ch. 1161, § 5. Amended by Acts 1983 (70 G.A.) ch. 96, § 160; Acts 1983 (70 G.A.) ch. 153, §
3; Acts 1989 (73 G.A.) ch. 166, §I, el'f. Oct. 12, 1989; Acts 1990 (73 G.A.) ch. 1270, § 45; Acts 1992 (74 G.i\.) ch. 1195, §§
303, 304; Acts 1992 (74 G.A.) ch. 1229, § 27; Acts 1994 (75 G.A.) ch. 1171, § 8; Acts 1995 (76 G.A.) ch. 52,§ 1; Acts 1996
(76 G.A.) ch. 1213, §§ 36, 37; Acts 1997 (77 G.A.) ch. 175, § 227; Acts 1999 (78 G.A.) ch. 127, § I; Acts 2004 (80 G.A.) ch.
1175, § 149; Acts 2004 (80 G.A.) ch. 1176, § 12; Acts 2005 (81 G.A.) ch. 69, S.F. 330, §I.
NOTES OF DECISIONS
Reimbursement from parents
When counties incur expenses for providing children with shelter care services that the State does not reimburse, section
234.39 does not authorize counties to pursue reimbursement for those expenses from the parents. Op.Atty.Gen., No. 01-1-1.
I. C. A.§ 234.39, lAST§ 234.39
with in1n1ediat~l)' effectiveie_gislationsigned as of4/10/20 13 fron1 the 2013 Reg:Sess ..
C~rrent
End of Doeument
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TIH'II'I.~Iltl
Concurrent Jurisdiction-9
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JA Code Sec. 598 2·1c
598.21 C Modification of child, spousal, or medical support orders
598.21 C Modification of child, spousal, or medical support orders.
1. Criteria for modification. Subject to 28 U.S.C. § 1738B, the court may subsequently modify child,
spousal, or medical support orders when there is a substantial change in circumstances. In determining
whether there is a substantial change in circmnstances, the court shall consider the following:
a. Changes in the employment, earning capacity, income, or resources of a party.
b. Receipt by a party of an inheritance, pension, or other gift.
c. Changes in the medical expenses of a party.
d. Changes in the number or needs of dependents of a party.
e. Changes in the physical, mental, or emotional health of a party.
f. Changes in the residence of a party.
g. Remarriage of a party.
h. Possible support of a party by another person.
i. Changes in the physical, emotional, or educational needs of a child whose support is governed by the
order.
j. Contempt by a party of existing orders of court.
k. Entry of a dispositional or permanency order in juvenile court pursuant to chapter 232 placing custody
or physical care of a child with a party who is obligated to pay support for a child. Any filing fees or court
costs for a modification filed or ordered pursuant to this paragraph are waived.
I. Other factors the court determines to be relevant in an individual case.
2. Additional criteria for modification of child suppott orders.
a. Subject to 28 U.S.C. § 1738B, but notwithstanding subsection I, a substantial change of circumstances
exists when the court order for child support varies by ten percent or more from the amount which would
be due pursuant to the most current child support guidelines established pursuant to section 598.21B or a
parent has a health benefit plan available as provided in section 252E.IA and the current order for support
does not contain provisions for medical support.
b. This basis for modification is applicable to petitions filed on or after July I, 1992, notwithstanding
whether the guidelines prescribed by section 598.21B were used in establishing the current amount of
suppott. Upon application for a modification of an order for child suppott for which services are being
received pursuant to chapter 252B, the court shall set the amount of child support based upon the most
-----~currenLchilclsuppm'Lgnideli.tu:s_established pursuant to section 598.21B, including Qrovisions for medical
support pursuant to chapter 252E. The child support recovery unit shall, in submitting an application for
modification, adjustment, or alteration of an order for suppott, employ additional criteria and procedures
as provided in chapter 2521-I and as established by rule.
fastcase
Concurrent Jurisdiction-10
lA
Soc.598:?1C
3. Applicable law. Unless otherwise provided pursuant to 28 U.S.C. § 1738B, a modification of a support
order entered under chapter 234, 252A, 252C, 600B, this chapter, or any other support chapter or
proceeding between parties to the order is void unless the modification is approved by the court, after
proper notice and opportunity to be heard is given to all parties to the order, and entered as an order of the
court. If support payments have been assigned to the department of human services pursuant to section
234.39, 239B.6, or 252E.ll, or if services are being provided pursuant to chapter 252B, the depatiment is
a pmiy to the supp01i order. Modifications of orders petiaining to child custody shall be made pursuant to
chapter 598B. If the petition for a modification of an order pe1iaining to child custody asks either for joint
custody or that joint custody be modified to an award of sole custody, the modification, if any, shall be
made pursuant to section 598.41.
4. Temporary modification of child support orders. While an application for modification of a child
support or child custody order is pending, the court may, on its own motion or upon application by either
party, enter a temporary order modifying an order of child suppmi. The court may enter such temporary
order only after service of the original notice, and an order shall not be entered until at least five days'
notice of hearing and opportunity to be heard, is provided to all parties. In entering temporary orders
under this subsection, the court shall consider all pertinent matters, which may be demonstrated by
affidavits, as the court may direct. The hearing on application shall be limited to matters set forth in the
application, the affidavits of the parties, and any required statements of income. The court shall not hear
any other matter relating to the application for modification, respondent's answer, or any pleadings
connected with the application for modification or the answer. This subsection shall also apply to an
order, decree, or judgment entered or pending on or before July I, 2007, and shall apply to an order
entered under this chapter, chapter 252A, 252C, 252F, 252H, 252K, or 600B, or any other applicable
chapter of the Code.
5. Retroactivity of modification. Judgments for child support or child support awards entered pursuant to
this chapter, chapter 234, 252A, 252C, 252F, 600B, or any other chapter of the Code which are subject to
a modification proceeding may be retroactively modified only from three months after the date the notice
of the pending petition for modification is served on the opposing party. The three-month limitation
applies to a modification action pending on or after July I, 1997. The prohibition of retroactive
modification does not bar the child support recovery unit from obtaining orders for accrued support for
previous time periods. Any retroactive modification which increases the amount of child support or any
order for accrued support under this subsection shall include a periodic payment plaii. A retroactive
modification shall not be regarded as a delinquency unless there are subsequent failures to make
payments in accordance with the periodic payment plan.
6. Modification of periodic due date. The periodic due date established under a prior order for payment of
child support shall not be changed in any modified order under this section, unless the court determines
that good cause exists to change the periodic due date. If the couti determines that good cause exists, the
court shall include the rationale for the change in the modified order and shall address the issue of
reconciliation of any payments due or made under a prior order which would result in payment of the
child support obligation under both the prior and the modified orders.
7. Modification hy child support recovery unit. Notwithstanding any other provision of law to the
contrary, when an application for modification or adjustment of support is submitted by the child support
recovery unit, the sole issues which may be considered by the court in that action are the application of
------t,he-gtddelineS-iiLestablishing_the_amnunLnLsupj10li_pursuant to section 598.21B, and R~ro~v~i~s~io~n~fo~t~·______
medical support under chapter 252E. When an application for a cost-of-living alteration of supp01t is
submitted by the child support recovery unit pursuant to section 252H.24, the sole issue which may be
considered by the court in the action is the application of the cost-of-living alteration in establishing the
amount of child support. Issues related to custody, visitation, or other provisions unrelated to support
shall be considered only under a separate application for modification.
Its tease
Concurrent Jurisdiction-11
lA
Sec. 598.21 C
ofchi1Ci
8. Necessary content of order. Orders made pursuant to this section need mention only those factors
relevant to the particular case for which the orders are made but shall contain the names, birth dates,
addresses, and counties of residence of the petitioner and respondent.
9. Duty of clerk of court. If the court modifies an order, and the original decree was entered in another
county in Iowa, the clerk of court shall send a copy of the modification by regular mail, electronic
transmission, or facsimile to the clerk of court for the county where the original decree was entered.
2005 Acts, ch 69, §41; 2006 Acts, ch 1030, §71; 2006 Acts, ch 1119, §7, 10; 2007 Acts, ch 106, § 1; 2007
Acts, ch 218, §185, 187; 2008 Acts, ch 1019, § 18, 20
Refened to in §234.39, 252B.5, 252H.10, 252H.18A, 598.20, 598.22, 598.22C
For transition provisions applicable to existing child support recovery unit niles, procedures, definitions,
and requirements, and for nullification of 441 lAC rule 98.3, see 2007 Acts, ch 2 I 8, §I 86
fastcasc
Concurrent Jurisdiction-12
IN THE IOWA DISTRICT COURT IN AND FOR LINN COUNTY
JUVENILE DIVISION
IN THE INTERESTS OF
CHILD’S NAME,
(DOB: )
Minor Child.
)
)
)
)
)
)
)
Case No. JVJV
APPLICATION FOR CONCURRENT
JURISDICTION
COMES NOW, NAME , mother of the minor children, and hereby files her
Application for Concurrent Jurisdiction and in support states as follows:
1.
NAME, is the mother of the minor children in this matter.
2.
NAME OF MOM and NAME OF DAD are still married and there are no
current District Court orders relating to custody or support of the minor child.
3.
CHILD’S NAME has been placed with his/her mother on a trial home
placement and visitation with the father has progressed. It is important to establish temporary
district court orders relating to custody and visitation so that the child can have a stable
placement.
4.
It is also important to establish temporary child support for the benefit
of the minor child so that their needs can be adequately met.
5.
Both parties wish to proceed toward a dissolution of marriage in this
6.
The undersigned has spoken to COUNTY ATTORNEY, DHS, DAD’S
matter.
ATTORNEY, GAL regarding the present motion. None of these attorneys has voiced any
objection to the present motion for concurrent jurisdiction.
WHEREFORE, NAME, mother of the minor children, hereby requests that the
Court grant this Application for Concurrent Jursidiction to allow her to obtain temporary orders
00065914.WPD
Concurrent Jurisdiction-13
regarding custody, visitation and support, and further allow the parties to continue to progress
toward a dissolution of marriage, and for such other further relief as the Court deems
appropriate.
Respectfully submitted,
ELLEN R. RAMSEY-KACENA (#AT0006419)
ATTORNEY AT LAW
4403 First Avenue SE, Suite 300
Cedar Rapids, IA 52402
Phone: 319-393-4683
Fax: 319-393-4684
ATTORNEY FOR NAME
Copy to:
County Attorney
DHS
DAD’S ATTORNEY
GAL
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing
instrument was served upon all parties to the above cause
to each of the attorneys of record herein at their respective
addresses on
, 2014.
By:
U.S. Mail
FAX
Hand
Delivered
UPS/Fed.Express
BY:
00065914.WPD
2
Concurrent Jurisdiction-14
IN THE IOWA DISTRICT COURT IN AND FOR LINN COUNTY
JUVENILE DIVISION
IN THE INTERESTS OF
CHILD’s NAME,
(DOB:
)
Minor Child.
)
)
)
)
)
)
)
Case No. JVJV
ORDER GRANTING
APPLICATION FOR CONCURRENT
JURISDICTION
On this ___ day of MONTH, YEAR, this matter comes before the undersigned
on the Mother’s Application for Concurrent Jurisdiction. Upon review of the file and being fully
apprised of the premises herein, the Court finds that the Application for Concurrent
Jurisdiction should be granted for the reasons stated therein.
IT IS THEREFORE ORDERED that the Application for Concurrent Jurisdiction
is hereby GRANTED to allow the parties to obtain Temporary and Permanent Orders
regarding custody, visitation and support of the minor child and to proceed to obtain a
dissolution of marriage.
JUDGE, SIXTH JUDICIAL DISTRICT
00065914.WPD
Concurrent Jurisdiction-15
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
JUVENILE DIVISION
IN THE INTEREST OF
,
Minor Child
)
)
)
)
)
)
Case No. JVJV
NOTICE
Pursuant to the recommendations from DHS, this Court has now transferred custody
and/or physical care of the above child from foster care to his mother,
.
Based on this
change of custodian, the Juvenile Court requests that the District Court enter an order of
suspension of the child support obligation of the obligor for the child. The parties are directed
to provide to the District Court the appropriate names and case files that establish the current
child support obligation, a copy of this notice, and the attached order.
When properly
completed and presented, the attached order will be entered without further notice or
opportunity to be heard unless either the child support obligee or CSRU requests a hearing.
Clerk to Notify
Dated:
JUDGE, SIXTH JUDICIAL DISTRICT
00065914.WPD
Suspension of Child Support-1
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
STATE OF IOWA, EX REL
Petitioner,
)
)
)
)
)
)
)
)
And Concerning
Respondent.
Case No. DRCV
ORDER SUSPENDING
SUPPORT
Now on this ____ day of ____________, 2006, this matter comes before the
Court. The Court, upon the record, and being fully advised in the premises, FINDS:
1.
is the mother of and
is the father of the child named in
this case.
2.
A support obligation was ordered in this matter by Court Order on DATE.
3.
is the support obligor, and the State of Iowa, Foster Care/OTHER
PARENT is the support obligee herein. This order required ongoing support for:
Child’s Name
4.
Date of Birth:
The Juvenile Court, pursuant to a dispositional order and at the request of DHS,
has transferred custody of the above child to his mother/father,
now residing with his mother/father,
. Child’s Name is
. Due to that order, the obligor’s
responsibility for current support should now be suspended.
5.
All parties acknowledge that any delinquency due to the State is reserved and
that the obligor must pay this delinquency to the State. Only monies received by the State of
Iowa, Child Support Recovery Unit and applied to the obligor’s reimbursement account shall
apply toward the State’s delinquency.
Specifically, monies received by the oblige
___________ shall not be applied against the State’s delinquency.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
00065914.WPD
Suspension of Child Support-2
1.
The obligation for current support for the child named in this matter is now
suspended.
2.
The effective date of suspension is the date of the filing of this order. Any
support that has accrued prior to the effective date of this order suspending support is
unaffected and remains a judgment. The arrearage shall be paid at the rate of $___ per week
through income withholding.
3.
Without further action by this Court, this suspension order shall become final and
terminate support six (6) months from the date it is filed, unless support is reinstated before this
period of time elapses. Support does not accrue while suspended unless it is found that the
suspension was requested under false pretenses.
4.
The support obligation suspended by this action may be reinstated within six (6)
months from the date of filing of this order upon application of either parent, other person who
has physical custody of the children or CSRU. The application shall be served by mail on both
parents. If no objection is received within ten (10) days of the date of service, the Court may
enter an order reinstating the support obligation. If any objection is received, the matter shall
be set for hearing.
5.
All other provisions of the support order herein are not altered by this action and
shall remain in full force.
Dated:
JUDGE, SIXTH JUDICIAL DISTRICT
2
00065914.WPD
Suspension of Child Support-3
ISBA Juvenile Law Seminar: April 3, 2014
Special Considerations Panel:
The ABC’s of Transferring Cases from Juvenile Court to Probate Court:
Seamless Efficiency!
Constance Cohen, Associate Juvenile Judge
Polk County Courthouse
500 Mulberry
Des Moines, Iowa 50309
(515) 286-3037 – Phone
(515) 286-3358 – FAX
[email protected]
Guardianship Transfer-1
IN THE DISTRICT COURT OF IOWA, IN AND FOR POLK COUNTY
(JUVENILE DIVISION)
IN THE INTEREST OF
)
)
Juvenile No.
)
) ORDER TRANSFERRING GUARDIANSHIP
A Child.
) JURISDICTION TO THE PROBATE COURT
__________________________________________________
THERE COMES before the Court a request by all parties to transfer jurisdiction over the
juvenile court guardianship of the child in interest to the probate court in and for Polk County, Iowa.
After affording parties the opportunity for notice and hearing and being fully apprised in the
circumstances the Court FINDS:
1. The child in interest is under the jurisdiction of the Court having been adjudicated to be a
child in need of assistance.
2. A permanency order was entered herein pursuant to Iowa Code Section 232.104(2)(d)(1)
placing guardianship and custody of the child in interest with a suitable person, (Insert Name) of
(city), Polk County, Iowa.
3. There are no necessary services or supervision currently being provided by the juvenile
court, the Iowa Department of Human Services, or their contracted provider agencies that cannot be
provided through a probate guardianship.
4. The best interest of the child will be served by a transfer of jurisdiction of this matter to
the probate court for purposes of continued guardianship without the need for a continuation of the
permanency order in the juvenile case.
5. Upon transfer of jurisdiction of the guardianship to the probate court, the permanency
order entered herein may be terminated because the purposes of the order will have been
accomplished and the child in interest will no longer be in need of supervision, care or treatment to
be afforded by the juvenile court as provided in Iowa Code Sections 232.103(4)(a) and 232.104(6).
IT IS THEREFORE ORDERED that jurisdiction in this matter should be and is hereby
transferred to the Probate Division of the District Court of the State of Iowa in and for Polk County.
The Clerk of the Juvenile Court in and for Polk County, Iowa, is directed to prepare a certified copy
of all the filings herein including this order, and forward them to the Clerk of the Probate Court in
and for Polk County, Iowa, as provided in Iowa Code Section 232.104(7). The Probate Clerk shall
maintain records from the juvenile case as confidential as provided in Iowa Code Section 232.147 for
non-delinquency cases as provided in Iowa Code Section 232.104(7)(b).
IT IS FURTHER ORDERED that upon the proposed guardian, (insert name of guardian),
filing with the Clerk of the Probate Court an Oath of Office and Identification, the Probate Clerk in
and for Polk County, Iowa, shall issue letters of appointment for the guardianship and docket the
Guardianship Transfer-2
case in probate. All filing fees and court costs normally associated with opening and maintaining a
probate guardianship are hereby waived.
IT IS FURTHER ORDERED that upon issuance of letters of appointment for the guardian
in the probate case, the clerk shall present this matter to the juvenile court to enter an order
terminating the permanency order and closing the juvenile case.
Clerk to provide a copy of this order to the child, child’s parents, child’s guardian, counsel of
record, Iowa Department of Human Services, and Probate Clerk for Polk County, Iowa.
Revised 11/11
Guardianship Transfer-3
GUARDIANSHIP FAQs
This information should provide you with answers to some frequently asked questions.
HOW WAS MY CASE TRANSFERRED TO PROBATE COURT?
Under Section 232.104(7) of the 2013 Code of Iowa, the Juvenile Court is allowed to
close the CINA case by transferring jurisdiction over the child’s guardianship to the Probate
Court under Chapter 633 as an alternative to the annual Juvenile Court review of a permanency
order for a child placed in the guardianship of another person or agency.
DO I STILL HAVE TO GO TO JUVENILE COURT FOR THE CHILD’S CINA?
No. In 2010, the Iowa Legislature amended Section 232.104(7) of the 2009 Code of
Iowa, to add a paragraph (b) to provide an alternative to annual Juvenile Court review of
permanency orders when the child is placed in the guardianship of another person or agency.
Transferring jurisdiction of the child’s guardianship to Probate Court allows the Juvenile Court
to close the child in need of assistance (CINA) file and transfer all documents to the Probate
Court for review.
HOW DO I KNOW MY CASE WAS SUCCESSFULLY TRANSFERRED TO PROBATE
COURT?
As a part of Section 232.104(7) of the 2013 Code of Iowa, when the Juvenile Court
transfers jurisdiction of the child’s guardianship case to the Probate Court, the Juvenile Court
shall direct the Probate Clerk to issue letters of appointment to the guardians and to put the case
on the Probate Court’s docket. After the Probate Clerk issues letters of appointment for the
guardian in the probate case, the Probate Clerk will present this matter to the juvenile court to
enter an order terminating the permanency order and closing the case.
The Probate Clerk will only issue Letters of Appointment after the filing of the court
officer’s oath and confidential information. According to Section 633.669, guardians are
required to file an initial report within 60 days and an annual report within 90 days of the close
of the reporting period. A reporting period is one year from the date the Letters of Appointment
are issued.
WHO ORDERED THE TRANSFER TO PROBATE COURT?
The statute gives no direction as to when such a transfer is appropriate or whether the
court may order the transfer on its own or only upon the request of a party to the CINA case. The
appropriateness of transferring the matter to probate court and closing the CINA is determined
on a case-by-case basis.
Guardianship Transfer-4
DO I STILL WORK WITH THE DEPARTMENT OF HUMAN SERVICES AFTER THE
TRANSFER TO PROBATE COURT?
If a child’s case moves from the Juvenile Court to the Probate Court, there would no
longer be agency supervision unless special circumstances exist. You will need to contact your
current DHS worker for more information.
HOW LONG WILL THE GUARDIANSHIP LAST?
According to Section 633.675 (2013), if a guardianship was created by transferring
jurisdiction from the Juvenile Court to the Probate Court, “the court will not enter an order
terminating the guardianship before the child becomes age eighteen unless the court finds by
clear and convincing evidence that the best interests of the child warrant a return of custody to
the child’s parent.” The guardians are required to file a final report when the child attains the
age of majority or eighteen (18).
CAN I STILL RECEIVE FINANCIAL ASSISTANCE AFTER TRANSFERRING THE
GUARDIANSHIP TO PROBATE COURT?
Yes, a guardian can continue to receive caretaker FIP if the juvenile case is closed and
transferred to Probate Court. Contact your DHS worker for more information.
WHAT FILING FEES AND OTHER COSTS ARE REQUIRED TO INITIATE AND
MAINTAIN A GUARDIANSHIP FOLLOWING TRANSFER?
All filing fees and court costs are waived. Even though there is no statutory authority to
waive the fees and costs, all Iowa Clerks of Court have agreed and directed that no filing fees
and court costs that are normally associated with opening and maintaining a probate
guardianship apply in transfer cases.
WILL THE CONFIDENTIALITY PROTECTIONS FOR JUVENILE
DOCUMENTS APPLY AFTER TRANSFER TO PROBATE COURT?
COURT
Records contained in the probate case file that were copied or transferred from the
Juvenile Court file concerning the case are subject to Section 232.147 and other confidentiality
provisions of Chapter 232 except for cases involving juvenile delinquency.
Guardianship Transfer-5
PRACTICE TIPS:
The process for transferring cases from Juvenile to Probate Court only applies in Juvenile
Court cases in which a Permanency Order has already been entered. It is improper to request this
transfer at earlier hearings. If all parties and the Court are in agreement, a hearing previously
scheduled as a disposition or review can be recast as a permanency hearing. Otherwise, the
requesting party should file a motion requesting concurrent jurisdiction pursuant to Iowa Code
Section 232.3.
DO NOT surprise the Court or other parties! Though not specifically prescribed in the
statute, parties are entitled to notice that a request to transfer the case to Probate Court will be on
the table following a Permanency hearing. And, the Court should have prior notice in order to be
prepared with the necessary forms. Even if all parties agree, plan ahead.
In EDMS counties, orders transferring cases from Juvenile to Probate Court should be
flagged as “emergency” orders. Necessary parties should proceed directly to the Clerk’s Office
following the entry of the transfer order, to begin the process. Proposed guardians must register
and sign on to EDMS to have access to the case unless a supervisor in the Clerk’s office
approves the proposed guardian’s application for an exception to e-filing.
In paper-file counties, determine how your individual Juvenile Court, Probate Court, and
Clerk of Court want to handle these cases well before the hearing.
Whenever possible, take care of Probate Court tasks directly after the transfer order is
entered. It is best practice not to leave the courthouse with a plan to come back another day.
Schedule Juvenile Court hearings that may involve transfer to Probate Court early enough in the
day to assure that there is ample time to resolve matters in both courts.
Assure that this process does not enable the Juvenile Court case to actually close until
after verification that the Probate Court Order is in effect.
Make certain that orders to transfer jurisdiction contain provisions for waiving filing fees
and court costs.
Guardianship Transfer-6
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Kristi A. Traynor
Assistant Attorney General
Iowa Department of Justice
Hoover State Office Bldg., 2 nd Floor
Des Moines, Iowa 50319
(515) 281‐5478
[email protected]
A Differential Response System organizes a child protection agency to respond in a proportional manner to reports of possible child maltreatment.
An assessment system in which there are two discrete pathways to respond to accepted reports of child abuse, a child abuse assessment and a family assessment. The child abuse assessment pathway shall require a determination of abuse and a determination of whether criteria for placement on the central abuse registry are met. Iowa Code §
232.68(5)(2014).
Differential Response-1
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 Child Abuse Assessment: an assessment process by which the department responds to all accepted reports of child abuse which allege child abuse as defined in subsection 2, paragraph “a”, subparagraphs (1) through (3) and subparagraphs (5) through (10), or which allege child abuse as defined in subsection 2, paragraph “a”, subparagraph (4), that also allege imminent danger, death, or injury to a child. Iowa Code § 232.68(5)(b)
 An investigation to determine if a child has been harmed or is at risk of harm, reduce the risk and increase the safety of the child, and determine the need for services to support the family.
 Family Assessment: an assessment process by which the department responds to all accepted reports of child abuse which allege child abuse as defined in subsection 2, paragraph “a”, subparagraph (4), but do not allege imminent danger, death, or injury to a child. Iowa Code §232.68 (5)(c).
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 A response “that assesses the needs of the child or family without requiring a determination that maltreatment has occurred or that the child is at risk of maltreatment.”
US Department of Health & Human Services 2005
 Child Abuse Assessment
 Family Assessment  Physical Abuse
 Food
 Sexual Abuse
 Shelter
 Child Prostitution
 Clothing
 Presence of Illegal Drugs
 Medical Treatment
 Manufacturing of Illegal  Mental Health 



1)
 Denial of Critical Care
 Mental Injury
Drugs
Bestiality
Allows Access by a Registered Sex Offender
Allows Access to Obscene Material
All DCC cases with imminent danger, death, or injury Treatment
 Supervision
 Emotional Needs
AND
 No Imminent Danger
 No Death
 No Injury
Request of family
2) Lack of cooperation of family
3)
Determination during a family assessment that • A child is determined unsafe or in imminent danger;
• A child is required to reside out of the family home; • The immediate safety or well‐being of a child is endangered; • The family may flee or the child may disappear; • The facts warrant otherwise; or • One of the screening criteria becomes applicable; Then, the Department is required to open a child abuse assessment.
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 Traditional path.
 Interviews of child, parents, alleged perpetrator and anyone else who may have information concerning the alleged child abuse.
 Specific findings and determinations on registry placement.
 Services or Court involvement may be necessary.  Active engagement and partnership at all time and in all ways.
 Family leads the identification of concerns and strengths.
 Family leads the identification of resources and support needs.  Child Well‐Being
 Parental Capabilities
 Family Safety
 Family Interactions
 Home Environment
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 Moves person focus off of what's wrong and onto what's right, stresses the resources and skills people have, and helps them take the role of expert (which they hold anyway) and take responsibility for setting their own goals and reaching them. It's not about what's missing and causes woe, but what's present and can lead to happiness.
Steve de Shazer and Insoo Kim Berg developed this approach based on Milton Erickson and MRI models, and by watching what seemed to happen to families and couples right before they reported having had some break‐through moment.  Child safety is achieved through family engagement and collaborative partnerships.
 Collaborative identification of strengths, needs and solutions.
 Flexibility for the system and  Supportive and encouraging the family.
approaches, interventions and services.
 Comprehensive and holistic assessment of families.
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 Both Child Abuse and Family Assessments include:
 Safety assessment
 Risk assessment
 Evaluation of home environment
 Child Abuse Assessments also include
 Identification of the nature, extent, and cause of the injuries, if any, to the child named in the report.
 Identification of the person or persons responsible for the alleged child abuse.
 A description of the name, age, and condition of other children in the same home as the child named in the report.
 An interview of the person alleged to have committed the child abuse, if the person’s identity and location are known.
Child Abuse Assessment
Family Assessment
 Completed within 20  Completed within 10 business days of the receipt of the child abuse allegation.
business days of the receipt of the child abuse allegation.
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20
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Intake Screening Tool – Determining the Assessment Type
Intake Screening Criteria
Check the box for ALL statements that are known to be true.
The alleged abuse type includes a category other than Denial of Critical Care.
The allegation requires a 1-hour response or alleges imminent danger, death, or injury to
a child.
The allegation is meth and at least one child victim is under six years old.
There is a separate incident open on the household that requires a child abuse assessment.
The child has been taken into protective custody as a result of the allegation.
There is an open DHS service case on the alleged child victim or any sibling or any other
child who resides in the home or in the home of the non-custodial parent if they are the
alleged person responsible.
The alleged person responsible is not a parent (birth or adoptive), legal guardian, or a
member of the child’s household.
There has been TPR (in juvenile court) on the alleged person responsible or any caretaker
who resides in the home.
There has been prior Confirmed or Founded abuse within the past 6 months which lists any
caretaker who resides in the home as the person responsible.
It is alleged that illegal drugs are being manufactured or sold from the family home.
The allegation is failure to thrive or that the caregiver has failed to respond to an infant’s
life- threatening condition.
The allegation involves an incident for which the caretaker has been charged with a felony
under chapter 726 of the Iowa Code (including neglect or abandonment of a dependent person;
child endangerment resulting in the death, serious injury, or bodily injury of a child or minor;
multiple acts of child endangerment; or wanton neglect of a resident of a health care facility
resulting in serious injury).
If any box to the above criteria is checked, the accepted allegation is not eligible for
a family assessment and MUST be assigned as a child abuse assessment.
Check the appropriate box:
None of the criteria apply – Assign as a family assessment
One or more of the criteria apply – Assign as a child abuse assessment
470-0607 (Rev. 1/14)
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