600A.9 Termination findings and order — vacation of order. 1. Subsequent to the hearing on termination of parental rights under this chapter, the juvenile court shall make a finding of facts and shall do one of the following: a. Order the petition dismissed.b. Order the petition granted. The juvenile court shall appoint a guardian and a custodian or a guardian only. An order issued under this paragraph shall include the finding of facts.Such finding shall specify the factual basis for terminating the parent-child relationship andshall specify the ground or grounds upon which the termination is ordered. 2. a. If an order is issued under subsection 1, paragraph 'b', the juvenile court shall retain jurisdiction to change a guardian or custodian and to allow a terminated parent orany putative biological parent to request vacation or appeal of the termination order whichrequest must be made within thirty days of issuance of the granting of the order. The periodfor request by a terminated parent or by a putative biological parent for vacation or appealshall not be waived or extended and a vacation or appeal shall not be granted after theexpiration of this period. quest by a terminated parent or by a putative biological parent for vacation or appealshall not be waived or extended and a vacation or appeal shall not be granted after theexpiration of this period. The juvenile court shall grant the vacation request only if it is inthe best interest of the child. The supreme court shall prescribe rules to establish a periodof thirty days, which shall not be waived or extended, in which a terminated or putativebiological parent may request a vacation or appeal of a termination order. b. If an order is issued under subsection 1, paragraph 'b', to terminate the parental rights of a biological parent who indicated in the parent’s petition for termination of parentalrights the grounds for termination specified in section 600A.8, subsection 1, but an orderto terminate the parental rights of any other putative biological parent is not issued by thecourt pursuant to subsection 1, paragraph 'b', nor has the other putative biological parentconsented to the adoption in lieu of termination of the parent’s parental rights, therebyprohibiting the filing of an adoption petition pursuant to section 600.3, subsection 2, thecourt shall allow the parent for whom doption in lieu of termination of the parent’s parental rights, therebyprohibiting the filing of an adoption petition pursuant to section 600.3, subsection 2, thecourt shall allow the parent for whom the court issued an order terminating parental rightsto request a vacation of the order within thirty days of issuance of the granting of the order.The period for request by a terminated parent for vacation shall not be waived or extendedand a vacation shall not be granted after the expiration of this period. The juvenile courtshall grant the vacation request only if it is in the best interest of the child. The supremecourt shall prescribe rules to establish a period of thirty days, which shall not be waived orextended, in which a terminated parent may request a vacation of a termination order underthis paragraph 'b'. 3. If an order is issued under subsection 1, paragraph 'b', the juvenile court shall have jurisdiction to allow an adoptive parent to request termination of the adoptive parent’sparental rights and of the parent-child relationship based upon a showing that the adoptionwas fraudulently induced and to request that the order issued under subsection 1, paragraph'b', be e parent’sparental rights and of the parent-child relationship based upon a showing that the adoptionwas fraudulently induced and to request that the order issued under subsection 1, paragraph'b', be vacated. The juvenile court shall grant the termination and vacation requests onlyafter the parent whose rights have been terminated is given an opportunity to contestthe vacation of the termination order and only if the termination of the adoptive parent’sparental rights and the vacation of the termination order are in the best interest of the child. 4. A copy of any order made under this section shall be sent by the clerk of the juvenile court to: a. The department.b. The petitioner.c. The parents whose rights have been terminated if they request such copies.d. Any guardian, custodian, or guardian ad litem of the child.e. The state registrar for the purposes of section 144.13A, subsection 2.[S13, §254-a21; C24, 27, 31, 35, 39, §3638; C46, 50, 54, 58, 62, §232.22; C66, 71, 73, 75, §232.47 – 232.50; C77, 79, 81, §600A.9] 92 Acts, ch 1192, §3, 5; 94 Acts, ch 1174, §20, 22; 2004 Acts, ch 1156, §2; 2022 Acts, ch 1032, §100; 2023 Acts, ch 135, §1 Referred to in §232.119, 600.16A, 600A.4, 7 – 232.50; C77, 79, 81, §600A.9] 92 Acts, ch 1192, §3, 5; 94 Acts, ch 1174, §20, 22; 2004 Acts, ch 1156, §2; 2022 Acts, ch 1032, §100; 2023 Acts, ch 135, §1 Referred to in §232.119, 600.16A, 600A.4, 600A.6B, 600A.8, 600B.5Subsection 2 amended Sat Dec 23 11:13:52 2023 Iowa Code 2024, Section 600A.9 (20, 1)
Iowa Legal Code