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St. Juv. P. § 232B.8
Iowa
Code
Title
VI. Human Services
Subtitle
5. Juveniles
Chapter
232B. Indian Child Welfare Act
232B.8. Return of custody--improper
removal of child from custody-- protection of rights of parent or indian
custodian
1. If a final decree of adoption of an Indian child has been vacated or
set aside or the adoptive parents voluntarily consent to the termination
of their parental rights to the child, a biological parent or prior Indian
custodian may petition for return of custody and the court shall grant
the petition unless there is a showing, in a proceeding subject to the
provisions of this chapter, that the return of custody is not in the best
interest of the child.
2.
If an Indian child is removed from a foster care home or institution for
the purpose of further foster care, preadoptive, or adoptive placement,
the placement shall be in accordance with the provisions of this chapter,
except when
an Indian child is being returned to the parent or Indian custodian from
whose custody the child was originally removed.
3.
If a petitioner in an Indian child custody proceeding before a state court
has improperly removed the child from the custody of the 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.
4.
If another state or federal law applicable to a child custody proceeding
held under state or federal law provides a higher standard of protection
to the rights of the parent or Indian custodian of an Indian child than
the rights provided under this chapter, the court shall apply the higher
standard.
CREDIT(S)
Added by Acts 2003 (80
G.A.) ch. 153, § 9.
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