Juvenile Law in Cedar Rapids
Juvenile Law encompasses:
CINA Petitions
Termination of Parental Rights
DHS Assessments
Delinquencies
Guardianships
Adoptions
These scenarios bring about a large range of emotions: anxiety, fear, sadness, shame, guilt, etc. These are all normal emotions in these types of cases. Guardianships and adoptions are typically happier, less stressful occasions.
The most important part of my job is ensuring that you and/or your child receive the best representation possible. I have over 20 years of experience guiding children and their families through the Iowa legal system. Juvenile law is different from adult law in a number of ways. For minors there is a different set of expectations, rules, and guidelines. The point of juvenile law is not to punish, but to assist the child and give them the tools they need to help ensure they are able to reach their full potential in the future.
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Juvenile Crime/Delinquency:
Different charges in juvenile court are assault, sexual assault, sexual abuse, breaking and entering, theft, robbery, possession, etc.
The process for Delinquencies:
1. A parent will be served with papers from the Iowa Juvenile Court Office (JCO) that either states the charges or requests the child and parent come to their office for an interview.2. Once the interview is complete, the case gets referred to the County Attorney. Once the child is officially charged, they may take the child into custody or have papers served telling what the charges are and when to appear in court.
3. At this point is when you need to be sure your child’s rights are protected by contacting an attorney with experience in juvenile law.
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TPR (Termination of Parental Rights) / CINA (Child In Need of Assistance) Petition:
This is a very stressful time. It is common to feel like you will never see your children again, ashamed, mad, sad, helpless.
The point of a CINA Petition is not to be involved in your life forever. The court gives parents every tool in their toolbox to ensure that they are successful and can go on as a family without DHHS (Department of Health & Human Services) involvement. This may include substance abuse treatment, testing, and/or evaluation. It also may include parenting classes, mental health assistance, etc.
The TPR is if the CINA is unsuccessful and the state and DHHS chooses to terminate your parental rights. At this point, the CINA is over and deemed unsuccessful.
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DHHS Assessments:
DHHS (Department of Health & Human Services) has come into your home and done an investigation.
Sometimes there are charges brought about, sometimes a CINA (Child In Need of Assistance) Petition is filed. Or they can mark it as a founded assessment and potentially put you on the child abuse registry.
You can appeal these assessments and try to get it reversed. If it comes back as unfounded, that is the best-case scenario. You will not need a lawyer.
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Guardianships and Adoptions:
Guardianships and Adoptions are similar but still very distinct.
A guardianship can be established instead of terminating a parents’ rights. It depends on the age of the child and other circumstances.
Adoptions take place for a number of reasons: parents pass away, rights are terminated, etc. This is typically a joyous occasion where you want to have family and friends help make the day special.
Juvenile Law FAQ
Q: Will my child go to jail (juvenile detention)?
A: It depends on the situation and severity of the crime. They will not go to a “normal” jail. They will go to Juvenile Detention, which is where kids are placed pending placement, release preparations, etc.
Q: Can DHHS (Department of Health & Human Services) remove my children?
A: In short, yes they can. But they have to have valid reasoning and there will be a plan put in place to ensure you get to see your child and help you get through this point in time and onto happier days.
Q: Will my child be charged as an adult?
A: Again, whether or not your child will be charged as an adult depends on the charges. In forcible felonies, the county attorney can direct file to adult court. Sometimes they need to have a waiver hearing. This means that there isn’t sufficient time to help the child before they reach the age of 18.
Words from a past client
“Dave handled a private adoption for us. He was very thorough and knowledgable. We will definitely use him again if we need a lawyer.”
— Paul R.
David received his undergrad in Political Science from Creighton University in 1991. He went on to receive his law degree from Creighton in 1995. He has experience in juvenile, family, criminal, small claims, and estate planning. His passion is working with kids and their parents in Cedar Rapids to ensure the family receives the best representation and tools they need to be successful.