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St. Juv. P. § 232B.14
Iowa
Code
Title
VI. Human Services
Subtitle
5. Juveniles
Chapter
232B. Indian Child Welfare Act
232B.14. Compliance
1. The department of human services, in consultation with Indian tribes,
shall establish standards and procedures for the department's review of
cases subject to this chapter and methods for monitoring the department's
compliance with provisions of the federal Indian Child Welfare Act and
this chapter. These standards and procedures and the monitoring methods
shall be integrated into the department's structure and plan for the federal
government's child and family service review process and any program improvement
plan resulting from that process.
2.
A court of competent jurisdiction shall vacate a court order and remand
the case for appropriate disposition for any of the following violations
of this chapter:
a.
Failure to notify an Indian parent, Indian custodian, or tribe.
b.
Failure to recognize the jurisdiction of an Indian tribe.
c.
Failure, without cause as specified under this chapter, to transfer jurisdiction
to an Indian tribe appropriately seeking transfer.
d.
Failure to give full faith and credit to the public acts, records, or
judicial proceedings of an Indian tribe.
e.
Failure to allow intervention by an Indian custodian or Indian tribe,
or if applicable, an extended family member.
f.
Failure to return the child to the child's parent or Indian custodian
when removal or placement is no longer necessary to prevent imminent physical
damage or harm.
g.
Failure to provide the testimony of qualified expert witnesses as required
by this chapter.
h.
Any other violation that is not harmless error, including but not limited
to a failure to comply with 25 U.S.C. § 1911, 1912, 1913, 1915, 1916,
or 1917.
3.
If a petitioner in an Indian child custody proceeding before a state court
has improperly removed the child from the custody of the child's parent
or Indian custodian or has improperly retained custody after a visit or
other temporary relinquishment of custody, the court shall decline jurisdiction
over the petition and shall immediately return the child to the child's
parent or Indian
custodian unless returning the child to the parent or Indian custodian
would subject the child to a substantial and immediate danger or threat
of such danger.
CREDIT(S)
Added by Acts 2003 (80
G.A.) ch. 153, § 15.
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