IN THE DISTRICT COURT OF IOWA, IN AND FOR COUNTY (JUVENILE DIVISION)

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1 IN THE DISTRICT COURT OF IOWA, IN AND FOR COUNTY (JUVENILE DIVISION) IN THE INTEREST OF ) ) Juvenile No., ) ) FINDINGS OF FACT, CONCLUSIONS A Child. ) OF LAW AND ORDER This matter came before the Court on, 200, for [un]contested review (modification) hearing held pursuant to Iowa Code Section to determine whether the last dispositional order should be continued, modified to provide for an equally or less restrictive placement, or terminated (modified to provide for a more (less) restrictive placement). Present for the hearing were the following:, the child in interest;, the child's attorney;, Assistant County Attorney;, Juvenile Court Services;, child's mother; and, child's father. The proceeding was (not) reported. Offered and admitted into evidence were the following exhibits:. Testimony was given on behalf of the State by ; on behalf of the child by ; and on behalf of the child's parents by. The parties stipulated. Pursuant to Iowa Code Section , the Court now makes the following FINDINGS OF FACT: 1. Notice of this hearing was given to all parties. 2., the child in interest, was adjudicated to have committed (a) delinquent act(s) by order entered, By order entered, 20, the disposition of the case was that [a] custody of the child in interest would remain with the child's parents and on formal probation to First Judicial District Juvenile Court Services upon [I] the terms and conditions provided in the probation contract executed by the parties and approved by the Court [ii] the following specific terms and conditions: a. The child in interest shall report to the child's juvenile court officer at such times and places as reasonably requested by the child's juvenile court officer. b. The child in interest shall not violate any laws, whether they be federal, state or local.

2 c. The child in interest shall report being taken into custody or being questioned for any such law violations to the child's juvenile court officer as soon as possible. d. The child in interest shall make restitution to, of, Iowa, in the amount of $. e. The child in interest shall successfully complete ( ) hours of Community Service Work, to be completed at the rate of ( )hours per month, with a written certificate of hours worked signed by the child's work supervisor to be provided to the child's juvenile court officer. f. The child in interest shall participate in outpatient counseling with, of, Iowa, at such times and for such period as determined necessary or helpful to the child by said counselor. f. The child in interest shall submit to an out patient mental evaluation at,, Iowa, and participate in such individual and/or group counseling with said agency as determined necessary or helpful to the child by said agency. g. The child in interest shall attend a negative tour of [a] the Boy's State Training School at Eldora, Iowa, [b] the Men's Reformatory at Anamosa, Iowa, as arranged by his juvenile court officer. h. The child in interest shall successfully complete Drinking Drivers School with a certificate of completion provided to his juvenile court officer. i. The child in interest shall not associate with. j. The child in interest shall be in the child's parent(s)' home or their company no later than : o'clock p.m. on Sunday through Thursday nights, inclusive, and no later than : o'clock p.m. on Friday and Saturday nights. k. The child in interest shall regularly attend school at,, Iowa, and report any disciplinary problems to the child's juvenile court officer. l. The child in interest shall submit to an out patient substance abuse evaluation at,, Iowa, and participate in substance abuse counseling with said agency, as needed. m. The child in interest shall abide by all reasonable rules as established by the child's parent(s) (guardians). n. The child in interest shall make reimbursement to County, Iowa, for the cost of the child's court appointed attorney fees either by monetary payment or by work assignment to County. o. The motor vehicle license or operating privilege of the child in interest shall be suspended for months [a period not to exceed one year]. The child shall [not] be allowed to be issued a

3 work permit. p. The child in interest shall attend a batterer s treatment program under Iowa Code Section 708.2B. [b] custody of the child in interest should be transferred to the First Judicial District Juvenile Court Services for placement in family foster care/ foster group care/ residential treatment/ long-term substance abuse treatment/ half-way house for substance abusers/ foster group care with independent living component. [c] guardianship of the child in interest should be transferred to the Director of the Iowa Department of Human Services for purposes of placement in the State Training School in Eldora, Iowa. 4. The problems addressed in the case permanency plan, made a part of the latest dispositional order, have been solved within the deadlines given with the following exceptions:. 5. The child while on probation (in placement) has done the following:. 6. The following services and supervision were determined necessary:. 7. Juvenile Court Services did (not)provide these services and supervision. 8. The services provided by Juvenile Court Services did not remedy the problem by preventing the child from further delinquent activity because [a] the child would not accept the service and supervision [b] the service and supervision was not sufficient to remedy the problem and prevent the child from further delinquent activity [c]. 9. Regardless of any services which were or might have been provided, Juvenile Court Services would have been unable to prevent the child from engaging in further delinquent activities. 10. Juvenile Court Services is providing the following services to attempt to reunify the child with the child's family:. 11. These are reasonable reunification services. 12. Juvenile Court Services could have provided these additional services and supervision to remedy the situation and prevent the need for out of home placement:. 13. Juvenile Court Services did not provide these additional services and supervision. 14. Juvenile Court Services has not made reasonable efforts to prevent the child from further delinquent activity in the child's home.. Continuation of the child in the child s home will effect the child s welfare by.

4 15. The child is not in immediate danger of committing further delinquent acts and can be maintained in the home with the following services and supervision:. 16. Placement of the child in family (group) foster care at,, Iowa, is an appropriate placement for the child because it is the most family-like setting in closest proximity to the child's parents and consistent with the special needs of the child. 17. A likely date by which the child may be returned home or some other permanent placement made is, 200. [a]. Upon a review of the transition plan and needs assessment contained in the case permanency plan, the following services are needed to assist the child in making the transition from foster care to adulthood, to-wit:. [b]. The case permanency plan does not contain a transition plan and needs assessment for the child who is 16 years of age or older. CONCLUSIONS OF LAW: 1. The Court has jurisdiction of the parties and the subject matter as provided in Division II of Iowa Code Chapter The burden of proof is upon the State by clear and convincing evidence. 3. The facts found establish good cause to (continue the dispositional order without modification.) (terminate the order and release the child from the jurisdiction of the Juvenile Court.) (modify the prior dispositional order to provide as follows:.) (vacate the prior dispositional order and enter in its place the following disposition providing that [a] custody of the child in interest should remain with (be transferred to) the child's parent(s) and on formal probation to First Judicial District Juvenile Court Services upon [i] the terms and conditions contained in the probation contract executed by the parties and approved by the Court [ii] the terms and conditions outlined herein below. [b] custody of the child in interest should be transferred to First Judicial District Juvenile Court Services for placement in family foster care/ foster group care/ residential treatment/ short-term highly structured residential treatment facility [boot camp]/ long-term substance abuse treatment/ half-way house for substance abusers/ foster group care with independent living component. [c] guardianship of the child in interest should be transferred to the Director of the Iowa Department of Human Services for purposes of placement in the State Training School in Eldora, Iowa. 4[a]. That there was (not) shown clear and convincing evidence that there has not been a change of circumstance sufficient to grant the motion for less restrictive disposition. 4[b]. There was (not) shown clear and convincing evidence that there was not a change in circumstance sufficient to grant the motion for an equally restrictive disposition.

5 4[c]. There was (not) shown clear and convincing evidence supporting the motion for a more restrictive disposition. 5[c][1]. All three of the following are concluded: (1) that the child in interest is at least twelve (12) years of age; (2) that placement at the Training School is in the best interest of the child or necessary for the protection of the public; and (3) the child in interest has been found to have committed a delinquent which were he an adult would constitute a (i) forcible felony as defined in Iowa Code Section , specifically: felonious child endangerment, felonious assault, murder, sexual abuse in the first/second/third degree, kidnapping, robbery, arson first degree, or burglary first degree; (ii) felony violation of Iowa Code Section involving controlled substance; (iii) a felony violation of Iowa Code Chapter 707 involving homicide and related offenses. 5[c][2]. Three of the four following are concluded: (1) that the child in interest is at least fifteen years of age and placement in the State Training School is in the best interest of the child or necessary for the protection of the community; (2) the child has committed a delinquent act which would constitute a crime against a person which would constitute an aggravated misdemeanor or felony; (3) the child has the present and a previous adjudication for the commission of a delinquent act; and (4) the child has previously been placed in a treatment facility outside the child's home, specifically: foster group home, residential treatment, behavioral modification center, substance abuse treatment, or in a supervised community treatment program established pursuant to Iowa Code Section (4) as a result of a prior delinquency adjudication. 6. The case permanency plan should be modified as follows:. 7. The child cannot be returned to the child's home at this time and must continue in the custody of Juvenile Court Services, although because Juvenile Court Services has failed to make reasonable efforts to return the child home, Juvenile Court Services has not met the requirement for federal reimbursement for the cost of the child's care under 42 U.S.C. Sections 670, et. seq. 8. Reasonable efforts have been made to prevent or eliminate the need for removal of the child in interest from the child's home [and to return the child home] [to finalize a permanency plan for the child].. Removal of the child in interest from the child s home is the result of a determination that continuation of the child in the home is contrary to the child s welfare. [optional]. Foster group placement of the child in interest is [not] in accordance with the regional plan for foster group care established pursuant to Iowa Code Section for the departmental region in which this Court is located. 9. The dispositional order entered should remain in force for [a] a period of ( ) months [years] [until the child becomes eighteen (18) years of age]. IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. The dispositional order entered, 20, is hereby (continued without

6 modification.) (terminated, the child in interest released from the jurisdiction of the Juvenile Court, and the case closed.) (modified to provide as follows as set forth below.) (vacated and the following order made in place thereof.) 2[a]. Custody of the child in interest shall remain with (be transferred to)the child's parent(s) and on formal probation to First Judicial District Juvenile Court Services upon [i] the terms and conditions contained in the probation contract executed by the parties and approved by the Court and with the following additional requirements: [ii] the following specific terms and conditions: a. The child in interest shall report to the child's juvenile court officer at such times and places as reasonably requested by the child's juvenile court officer. b. The child in interest shall not violate any laws, whether they be federal, state or local. c. The child in interest shall report being taken into custody or being questions for any such law violations to the child's juvenile court officer as soon as possible. d. The child in interest shall make restitution to, of, in the amount of $. e. The child in interest shall successfully complete ( ) hours of Community Service Work, to be completed at the rate of ( ) hours per month, with a written certification of hours worked signed by the child's work supervisor to be provided to the child's juvenile court officer. f. The child in interest shall participate in out patient counseling with, of, Iowa, at such times and for such period of time as determined necessary or helpful to the child by said counselor. f. The child in interest shall submit to an out patient mental evaluation at,, Iowa, and participate in such individual and/or group counseling with said agency as determined necessary or helpful to the child by said agency. g. The child in interest shall attend a negative tour of [a] the Boy's State Training School in Eldora, Iowa, [b] the Men's Reformatory at Anamosa, Iowa, as arranged by his juvenile court officer. h. The child in interest shall successfully complete Drinking Drivers School with a certificate of completion provided to the child's juvenile court officer. i. The child in interest shall not associate with. j. The child in interest shall be in the child's parent('s)(s') home or company no later than : o'clock P.M. on Sunday through Thursday nights, inclusive and no later than : o'clock P.M. on Friday and Saturday nights. k. The child in interest shall regularly attend school at,

7 , Iowa, and report and disciplinary problems therein to the child's juvenile court officer. l. The child in interest shall submit to an out patient substance abuse evaluation at,, Iowa, and participate in substance abuse counseling with said agency, as needed. m. The child in interest shall abide by all reasonable rules as established by the child's parent(s) (guardian). n. The child in interest shall make reimbursement to County, Iowa, for the cost of the child's court appointed attorney fees either by monetary payment or by work assignment to County. o. The motor vehicle license or operating privilege of the child in interest shall be suspended [revoked] for months [a period not to exceed one year]. The child shall [not] be allowed to be issued a work permit. p. The child in interest shall attend a batterer s treatment program under Iowa Code Section 708.2B. 2[b]. Custody of the child in interest shall remain with (is transferred to) First Judicial District Juvenile Court Services for placement in a supervised community treatment program under (4) [day treatment]/in family foster care/ foster group care/ residential treatment/ shortterm highly structured residential treatment facility [boot camp]/ long-term substance abuse treatment/ half-way house for substance abusers/ foster group care with independent living component. 2[c]. Guardianship of the child in interest shall remain with (is transferred to) the Director of the Iowa Department of Human Services for purposes of placement in the State Training School in Eldora, Iowa, with continuing supervision by First Judicial District Juvenile Court Services. 3[a]. The proposed case permanency plan prepared by First Judicial District Juvenile Court Services, attached to this order, is hereby adopted and incorporated hereto as if set forth in full herein (with the following exceptions: ). Juvenile Court Services shall provide health and education information concerning the child to the child's foster care provider. [a] The Department shall provide the child in interest if 16 years of age or older with those services needed to assist the child in preparing for the transition from foster care to adulthood as specified in the transition plan and needs assessment contained in the child s case permanency plan. [b] Within six months of the entry of this order, the Department shall submit a written transition plan and needs assessment for the child if 16 years of age or older and specify the services needed to assist the child in preparing for the transition from foster care to adulthood.

8 _. That if the child is 16 years of age or older and interested in attending post-secondary education, Juvenile Court Services shall assist the child in applying for federal and state college student aid as provided in Iowa Code Section That First Judicial District Juvenile Court Services in conjunction with the staff for the child's placement shall prepare and file with the Court, with copies to the parties and counsel, as soon as possible but not more than sixty (60) days following the placement of the child, a case permanency plan in furtherance of this order. 4. That progress reports to the Court concerning this case should be made by First Judicial District Juvenile Court Services at least every months. 5. That a review hearing to determine whether this disposition should be continued, terminated, modified or vacated and another order substituted therefore, shall be [scheduled by the court administrative office within six months of the entry of this order] held on the day of, 20, at : o clock.m. in the Courtroom of the County Courthouse in, Iowa.. That a permanency hearing to determine whether the child should be returned home, direction be given for the filing of a termination petition, this disposition should be continued, or a permanency order be entered, shall be [scheduled by the court administrative office within six months of the entry of this order] held on the day of, 20, at : o clock.m. in the Courtroom of the County Courthouse in, Iowa. Clerk to send a copy of this order to the child, child's parent[s], Assistant County Attorney, Child's Attorney, Juvenile Court Services, and Case Scheduler. SO ORDERED this November 3, BY THE COURT:, Judge First Judicial District of Iowa ORDER DELFF116 Revised 10/03

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