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By the close of the child protective assessment
process, a determination of the family's eligibility and need
for services is made. The eligibility for services is based
on age of the child, the risk of abuse or reabuse, and the
finding of child abuse assessment. DHS provides protective
services to abused and neglected children and their families
without regard to income when there is a founded child abuse
report or with a court order. Community resources provide
rehabilitative services for the prevention and treatment of
child abuse to children and families.
During, or at the conclusion of, a child
abuse assessment, DHS may recommend information, information
and referral, community care referral, or services provided
by the department. If it is believed that treatment services
are necessary for the protection of the abused child or other
children in the home, juvenile court intervention shall be
sought.
Information or Information and Referral
- Families with children of any age that have confirmed or
not confirmed abuse and low risk of abuse shall be provided
either information and referral or information when:
- No service needs are identified, and the worker recommends
no service; or
- Service needs are identified, and the worker recommends
new or continuing services to the family to be provided
through informal supports; or
- Service needs are identified, and the worker recommends
new or continuing services to the family to be provided
through community agencies.
Community Care Referral - This includes child and
family-focused services and supports provided to families
referred from DHS. Services are geared toward keeping the
children in the family safe from abuse and neglect; keeping
the family intact; preventing the need for further intervention
by the department, including removal of the child from the
home; and building ongoing linkages to community-based resources
that improve the safety, health, stability, and well-being
of families served.
With the exception of families of children with an open department
service case, court action pending, or abuse in an out-of-home
setting, a referral to community care is offered to:
- Families with children whose abuse is not confirmed that
have moderate to high risk of abuse when service needs are
identified and the worker recommends community care.
- Families with children that have confirmed but not founded
abuse and moderate or high risk of abuse when service needs
are identified and the worker recommends community care.
- Families with children with founded abuse, a victim child
six years of age or older, and a low risk of repeat abuse
when service needs are identified and the worker recommends
community care.
Referral for Department Services - Families with children
that have founded abuse and moderate to high risk of abuse
and families with victim children under age six that have
founded abuse and low risk of abuse shall be offered department
services on a voluntary basis.
- The worker recommends new or continuing treatment services
to the family to be provided by the department, either directly
or through contracted agencies.
- Families refusing voluntary services shall be referred
for a child in need of assistance action through juvenile
court.
DHS services such as homemaker services, parenting classes,
respite child care, foster care, financial assistance, psychological
and psychiatric services, and sexual abuse treatment may be
provided and may be provided without court involvement if
the parent consents to services. Other interventions can be
ordered by a court.
The child protective assessment worker continuously evaluates
the safety and risk to the child while conducting the assessment
of allegations of abuse. The assessment worker may consider
alternatives to the removal of a child if the child would
be provided adequate protection, such as:
- Bringing protective relatives to the child's home while
the parents leave the home.
- Initiating public health nurse or visiting nurse services.
- Initiating homemaker services or family safety, risk,
and permanency services.
- Implementing intensive services, such as family preservation.
- Placing the child in voluntary foster or shelter care.
- Placing the child voluntarily with relatives or friends.
- Obtaining a court order requiring that the person responsible
for the abuse leave the home, when other family members
are willing and able to adequately protect the child.
Protective Custody of a Child
Iowa laws provide for a child to be placed in protective
custody in various situations. DHS does not have a statutory
authority to simply "remove" a child from a parent or other
caretaker. The procedures for a child to be placed in protective
custody are outlined in Iowa Code sections 272.78 through
232.79A.
Assessment workers do not have the legal authority to remove
children from their home without a court order or parental
consent. Only a peace officer or a physician treating a child
may remove a child without a court order if the child's immediate
removal is necessary to avoid imminent danger to the child's
life or health. There are four legal procedures for the emergency
temporary removal of a child:
- Emergency removal by an ex parte court order
- Emergency removal of the child by a peace officer
- Emergency removal of the child by a physician
- With parent's consent
Juvenile Court Hearings - Juvenile court intervention
may be sought in order to intervene on an emergency basis
to place the child in protective custody by removing the child
from the home or by seeking adjudication of the child to place
the child under the protective supervision of the juvenile
court with the child remaining in the care and custody of
the parent.
Juvenile court hearings are held when children are removed
from their parent's custody or when treatment or DHS supervision
of abused or neglected children is necessary because the parents
are unwilling or unable to provide such treatment or supervision.
The court ensures that the parent's and the children's rights
will be protected. An attorney is appointed to represent the
child's best interest. The attorney representing the child
is called the guardian ad litem.
The court may also appoint a court appointed special advocate
(CASA) to assist in informing the court regarding child's
progress and recommendations. The parents have a right to
legal counsel. If they cannot afford an attorney, the court
will appoint one.
Continue to Child
Abuse Prevention Services
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