In the Interest of J.B. and R.R., Minor Children

Summary

The court held that Iowa Code section 232.117(3) requires a juvenile court to transfer guardianship and custody to HHS when HHS had custody at the time the termination petition was filed and has not waived its priority. The juvenile court therefore lacked discretion to reject HHS's guardianship based on its disagreement with HHS's proposed relative placement. The court also held that the foster parents did not qualify as fictive kin because they had no emotionally positive significant relationship with the children or their family before removal, vacated the court of appeals decision, reversed the juvenile court, and remanded for appointment of HHS.