Juvenile Justice procedures are covered in Iowa Code Chapter 232. Juvenile court has original jurisdiction over juvenile justice except for a few exceptions.
Iowa Delinquency Proceeding Steps:
1. Intake: Iowa Code Section 232.28. This is a preliminary screening of a complaint. The juvenile court officer and the child’s parents are involved in this step. The purpose of the intake is to determine whether the case should proceed to juvenile court. This step may be eliminated if the child was arrested by the police and the case may proceed directly to filing of a delinquency petition. The intake can result in either:
a. Informal adjustment, or
b. Filing of a Delinquency Petition
2. Informal Adjustment: Iowa Code section 232.29. The child and the child’s parents must agree to the terms required in an informal adjustment agreement. The child must admit to the charges in an informal adjustment. The agreement will:
a. Require non-judicial probation which the child must obey the probation conditions, or
b. Treatment services.
If the child obeys the informal adjustment conditions, a Delinquency Petition is not filed and the child is released from the juvenile court oversight.
3. Filing of a Delinquency Petition: Iowa Code section 232.35. The filing of a Delinquency Petition triggers court proceedings. The petition alleges the delinquent acts and formal hearings result.
a. Detention Hearing: Iowa Code section 232.44. A Detention Hearing may be held to determine if the child should be placed or retained in detention. If the child is in custody, a hearing must be held within 48 hours of detention, excluding weekends and holidays.
b. Adjudicatory Hearing: Iowa Code section 232.47. Similar to a trial in District Court. This is a hearing to determine if the allegations in the petition are supported by evidence. This is similar to a trial and the case is presented by the county attorney. The child is entitled to counsel and if he cannot afford one, one will be provided at state expense. Both sides present evidence. If the child is found not to have committed the delinquent acts, the petition is dismissed and the child is released from the juvenile court. If the child is found to have committed the acts, the child is adjudicated as delinquent.
c. Disposition Hearing: Iowa Code section 232.50. Similar to sentencing in District Court and follows an adjudication as delinquent to determine the appropriate consequences or treatment for the child. Prior to disposition, a predisposition report must be submitted to the court. Iowa Code section 232.48. There are two disposition options:
i. Probation- the child must comply with the probation conditions and is under the supervision of the juvenile court officer. If the probation is successfully completed, the child is released from the juvenile court system. If the child does not complete probation successfully, he/she is subject to further disposition of the juvenile court.
ii. Placement- The court may also place the child in foster care, residential treatment, or in a state institution. After placement, the child is placed under probation. If the child is placed, then periodic review hearings must be held to review the status of the case. Iowa Code section 232.50.
iii. Plea Agreement- Iowa Code section 232.43. The county attorney and counsel for the child may reach a plea agreement. The court will not accept the plea agreement without first addressing the child in court to determine if the plea is voluntary and informing the child of the nature of the allegations, severest disposition, and rights of the child. The court must determine that there is a factual basis to the charge, that the child was given effective assistance of counsel, whether parents in court agree, and if the plea is in the child's best interest.
d. Waiver Hearing: Iowa Code section 232.45. In a Waiver Hearing, the judge determines if the jurisdiction over child should be waived to district court (adult court) . See my web page on waiver hearings.
e. Consent decree-Iowa Code section 232.46. Prior to entry of an order of adjudication, the court may suspend the proceedings and enter a consent decree. The case is continued under the terms and conditions of the consent decree. The child and the child's parents must agree to the consent decree. When the child has completed the terms for the required amount of time, the original petition may not be reinstated. Failure to comply leads to a continuation of the court proceedings. A consent decree remains in effect for one year or less if if the child is sooner discharged.
Juvenile mental health procedures are contained in the Mental health section.
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