Legal Question in Criminal Law in Iowa
Responsibility
When someone is incarcerated for criminal charges and a hearing is held for placement of their children during this time, whose responsibility is it that the person incarcerated is present at this hearing?
Asked on 5/23/06, 10:35 am
1 Answer from Attorneys
Robert Luedeman
solo practitioner
Re: Responsibility
The court must order transport, but they will not do so on their own. The party's attorney must file a motion to transfer the imnate for the hearing. If it is an initial presentation of the CINA petition, the person in custody may not even be aware of the proceeding, but in an emergency the county attorney is likely to present the petition on short notice and there may not be time to assemble all the parties.
Answered on 5/23/06, 11:26 am
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