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St. Juv. P. § 232B.13
Iowa
Code
Title
VI. Human Services
Subtitle
5. Juveniles
Chapter
232B. Indian Child Welfare Act
232B.13. Records
1. The department of human services shall establish an automated database
where a permanent record shall be maintained of every involuntary or voluntary
foster care, preadoptive placement, or adoptive placement of an Indian
child that is ordered by a court of this state and in which the department
was involved. The automated record shall document the active efforts made
to comply with the order of placement preference specified in section
232B.9. An Indian child's placement record shall be maintained in perpetuity
by the department of human services and shall include but is not limited
to the name, birthdate, and gender of the Indian child, and the location
of the local department office that maintains the original file and documents
containing the information listed in subsection 2.
2.
Each county department of human services, state- licensed child-placing
agency, private attorney, and medical facility involved in the involuntary
or voluntary foster care placement, preadoptive placement, or adoptive
placement of an Indian child shall maintain in perpetuity a record of
the placement. The record shall include, but is not limited to, all of
the following information:
a.
The name and tribal affiliation of the child.
b.
The location of the child's Indian tribe or tribes.
c.
The names and addresses of the child's biological parents.
d.
The child's certificate of degree of Indian blood.
e.
The child's tribal enrollment or other membership documentation, if any.
f.
The child's medical records.
g.
The social and medical history of the child's biological family.
h.
The names, ages, and gender of the child's siblings.
i.
The names, ages, and gender of the child's kinship or extended family
members.
j.
The names and addresses of the child's adoptive parents.
k.
The identity of any agency having files or information relating to the
placement.
l.
All reports concerning the child or the child's family, including detailed
information regarding case plans and other efforts to rehabilitate the
parents of the child.
m.
A record of efforts made to place the child within and outside of the
placement preferences under section 232B.9.
n.
A statement of the reason for the final placement decision.
3.
If a court orders the foster care, preadoptive placement, or adoptive
placement of an Indian child, the court and any state-licensed child-placing
agency involved in the placement shall provide the department of human
services with the records described in subsections 1 and 2.
4.
A record maintained pursuant to this section by the department of human
services, a county department of human services, state-licensed child-placing
agency, private attorney, or medical facility shall be made available
within seven days of a request for the record by the Indian child's tribe
or the secretary of the interior.
5.
Upon the request of an Indian individual who is eighteen years of age
or older, or upon the request of an Indian child's parent, Indian custodian,
attorney, guardian ad litem, guardian, legal custodian, or caseworker
of the Indian child, the department of human services, a county department
of human services, state-licensed child-placing agency, private attorney,
or medical facility shall provide access to the records pertaining to
the Indian individual or child maintained pursuant to this section. The
records shall also be made available upon the request of the descendants
of the Indian individual or child. A record shall be made available within
seven days of a request for the record by any person authorized by this
subsection to make the request.
6.
Upon application of an Indian individual who is eighteen years of age
or older and was the subject of an adoptive placement, the court that
entered the final decree shall inform the individual regarding the individual's
tribal affiliation and any of the individual's biological parents, and
shall provide such other information as may be necessary to protect any
rights arising from the individual's tribal affiliation. In addition,
the court shall provide the individual, through an appropriate order,
if necessary, with information described in subsection 2 as may be secured
from the records maintained pursuant to subsection 2.
7.
If a parent of an Indian child wishes to remain anonymous, identifying
records concerning any such parent shall not be released unless necessary
to secure, maintain, or enforce the Indian child's right to enrollment
or membership in the child's Indian tribe, for determining a right or
benefit associated with the enrollment or membership, or for determining
a right to an inheritance.
CREDIT(S)
Added by Acts 2003 (80
G.A.) ch. 153, § 14.
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