232.8 Jurisdiction.
1. a. The juvenile court has exclusive original jurisdiction in proceedings concerning a child who is alleged to have committed a delinquent act unless otherwise provided by law, and has exclusive original jurisdiction in proceedings concerning an adult who is alleged to have committed a delinquent act prior to having become an adult, and who has been transferred to the jurisdiction of the juvenile court pursuant to an order under section 803.5.
b. Violations by a child of provisions of chapter 321, 321G, 321I, 453A, 461A, 461B, 462A, 481A, 481B, 483A, 484A, or 484B, which would be simple misdemeanors if committed by an adult, and violations by a child of county or municipal curfew or traffic ordinances, are excluded from the jurisdiction of the juvenile court and shall be prosecuted as simple misdemeanors as provided by law. A child convicted of a violation excluded from the jurisdiction of the juvenile court under this paragraph shall be sentenced pursuant to section 805.8, where applicable, and pursuant to section 903.1, subsection 3, for all other violations.
c. Violations by a child, aged sixteen or older, which subject the child to the provisions of section 124.401, subsection 1, paragraph “e” or “f”, or violations of section 723A.2 which involve a violation of chapter 724, or violation of chapter 724 which constitutes a felony, or violations which constitute a forcible felony are excluded from the jurisdiction of the juvenile court and shall be prosecuted as otherwise provided by law unless the district court transfers jurisdiction of the child to the juvenile court upon motion and for good cause pursuant to section 803.6. Notwithstanding any other provision of the Code to the contrary, the district court may accept from a child in district court a plea of guilty, or may instruct the jury on a lesser included offense to the offense excluded from the jurisdiction of the juvenile court under this paragraph, in the same manner as regarding an adult. The judgment and sentence of a child in district court shall be as provided in section 901.5. However, the juvenile court shall have exclusive original jurisdiction in a proceeding concerning an offense of animal torture as provided in section 717B.3A alleged to have been committed by a child under the age of seventeen.
d. The juvenile court shall have jurisdiction in proceedings commenced against a child pursuant to section 236.3 over which the district court has waived its jurisdiction. The juvenile court shall hear the action in the manner of an adjudicatory hearing under section 232.47, subject to the following:
(1) The juvenile court shall abide by the provisions of sections 236.4, 236.6, 236A.6, and 236A.8 in holding hearings and making a disposition.
(2) The plaintiff is entitled to proceed pro se under sections 236.3A and 236.3B.
e. The juvenile court shall have exclusive jurisdiction in a proceeding concerning a child under the age of eighteen alleged to have committed the offense of harassment in violation of section 708.7, subsection 1, paragraph “a”, subparagraph (5).
2. a. A case involving a person charged in a court other than the juvenile court with the commission of a public offense not exempted by law from the jurisdiction of the juvenile court and who is within the provisions of subsection 1 of this section shall immediately be transferred to the juvenile court. The transferring court shall order a transfer and shall forward the transfer order together with all papers, documents, and a transcript of all testimony filed or admitted into evidence in connection with the case to the clerk of the juvenile court. The jurisdiction of the juvenile court shall attach immediately upon the signing of an order of transfer. From the time of transfer, the custody, shelter care, and detention of the person alleged to have committed a delinquent act shall be in accordance with the provisions of this chapter and the case shall be processed in accordance with the provisions of this chapter.
b. Upon completion of the transfer to juvenile court, the court shall file an order dismissing the charge in the transferring court and directing the clerk of court to seal all records of the charge initiated in the transferring court.
3. a. The juvenile court, after a hearing and in accordance with the provisions of section 232.45, may waive jurisdiction of a child alleged to have committed a public offense so that the child may be prosecuted as an adult or youthful offender for such offense in another court. If the child pleads guilty or is found guilty of a public offense other than a class “A” felony in another court of this state, that court may suspend the sentence or, with the consent of the child, defer judgment or sentence and, without regard to restrictions placed upon deferred judgments or sentences for adults, place the child on probation for a period of not less than one year upon such conditions as it may require. Upon fulfillment of the conditions of probation, a child who receives a deferred judgment shall be discharged without entry of judgment. A child prosecuted as a youthful offender shall be sentenced pursuant to section 907.3A.
b. This subsection does not apply in a proceeding concerning an offense of animal torture as provided in section 717B.3A alleged to have been committed by a child under the age of seventeen.
4. In a proceeding concerning a child who is alleged to have committed a second delinquent act or a second violation excluded from the jurisdiction of the juvenile court, the court or the juvenile court shall determine whether there is reason to believe that the child regularly abuses alcohol or other controlled substance and may be in need of treatment. If the court so determines, the court shall advise appropriate juvenile authorities and refer such offenders to the juvenile court for disposition pursuant to section 232.52A.
5. a. Juvenile court services may provide follow-up services for a child adjudicated to have committed a delinquent act upon the child reaching eighteen years of age until the child is twenty-one years of age, if the child and juvenile court services determine the child should remain under the guidance of a juvenile court officer. Follow-up services shall be made available to the child, as necessary, to meet the long-term needs of the child aging into adulthood.
b. A child who remains under the guidance of juvenile court services under paragraph “a” who is alleged to have committed a subsequent public offense shall be prosecuted as an adult.
6. Nothing in this chapter shall be interpreted as affecting the statutory limitations on prosecutions for murder in the first or second degree.
7. The supreme court shall prescribe rules under section 602.4202 to resolve jurisdictional and venue issues when juveniles who are placed in another court’s jurisdiction are alleged to have committed subsequent delinquent acts.
[C71, 73, 75, 77, §232.63 – 232.67, 232.72; C79, 81, §232.8]
84 Acts, ch 1275, §6; 86 Acts, ch 1186, §1, 2; 87 Acts, ch 149, §1; 88 Acts, ch 1134, §48; 88 Acts, ch 1167, §1; 90 Acts, ch 1251, §23, 24; 91 Acts, ch 240, §9; 92 Acts, ch 1160, §21; 92 Acts, ch 1231, §12; 95 Acts, ch 180, §2; 95 Acts, ch 191, §8; 96 Acts, ch 1134, §1; 97 Acts, ch 126, §11; 2000 Acts, ch 1056, §1; 2000 Acts, ch 1152, §1, 2; 2000 Acts, ch 1232, §57, 58; 2004 Acts, ch 1132, §79; 2009 Acts, ch 41, §263; 2013 Acts, ch 42, §1, 2; 2015 Acts, ch 62, §1; 2017 Acts, ch 117, §1; 2017 Acts, ch 121, §2; 2018 Acts, ch 1153, §3; 2019 Acts, ch 24, §23
Referred to in §232.22, 232.45, 232.45A, 232.52A, 232.53, 232C.4, 717B.3A, 803.5, 803.6
Structure Iowa Code
Chapter 232 - JUVENILE JUSTICE
Section 232.1 - Rules of construction.
Section 232.1A - Foster care placement — annual goal.
Section 232.3 - Concurrent court proceedings.
Section 232.4 - Jurisdiction — support obligation.
Section 232.5 - Abortion performed on a minor — waiver of notification proceedings.
Section 232.6 - Jurisdiction — adoptions and terminations of parental rights.
Section 232.7 - Iowa Indian child welfare Act.
Section 232.7A - Rules of juvenile procedure.
Section 232.7B - Applicability of this chapter prior to July 1, 1979.
Section 232.9 - Motion for change of judge.
Section 232.11 - Right to assistance of counsel.
Section 232.12 - Duties of county attorney.
Section 232.13 - State liability.
Section 232.19 - Taking a child into custody.
Section 232.20 - Admission of child to shelter care or detention.
Section 232.21 - Placement in shelter care.
Section 232.22 - Placement in detention.
Section 232.23 - Detention — youthful offenders.
Section 232.28A - Victim rights.
Section 232.29 - Informal adjustment.
Section 232.35 - Filing of petition.
Section 232.36 - Contents of petition.
Section 232.37 - Summons, notice, subpoenas, and service — order for removal.
Section 232.38 - Presence of parents at hearings.
Section 232.39 - Exclusion of public from hearings.
Section 232.40 - Other issues adjudicated.
Section 232.41 - Reporter required.
Section 232.42 - Continuances.
Section 232.43 - Answer — plea agreement — acceptance of plea admitting allegations of petition.
Section 232.45 - Waiver hearing and waiver of jurisdiction.
Section 232.45A - Waiver to and conviction by district court — processing.
Section 232.46 - Consent decree.
Section 232.47 - Adjudicatory hearing — findings — adjudication.
Section 232.48 - Predisposition investigation and report.
Section 232.49 - Physical and mental examinations.
Section 232.50 - Dispositional hearing.
Section 232.51 - Disposition of child with mental illness.
Section 232.52 - Disposition of child found to have committed a delinquent act.
Section 232.52A - Disposition of certain juvenile offenders.
Section 232.53 - Duration of dispositional orders.
Section 232.54 - Termination, modification, or vacation and substitution of dispositional order.
Section 232.55 - Effect of adjudication and disposition.
Section 232.56 - Youthful offenders — transfer to district court supervision.
Section 232.57 - Reasonable efforts defined — effect of aggravated circumstances.
Section 232.58 - Permanency hearings.
Section 232.61 - Jurisdiction.
Section 232.67 - Legislative findings — purpose and policy.
Section 232.69 - Mandatory and permissive reporters — training required.
Section 232.70 - Reporting procedure.
Section 232.71B - Duties of the department upon receipt of report.
Section 232.71C - Court action following assessment — guardian ad litem.
Section 232.71D - Founded child abuse — central registry.
Section 232.72 - Jurisdiction — transfer.
Section 232.73 - Medically relevant tests — immunity from liability.
Section 232.73A - Retaliation prohibited — remedy.
Section 232.74 - Evidence not privileged or excluded.
Section 232.76 - Publicity, educational, and training programs.
Section 232.77 - Photographs, X rays, and medically relevant tests.
Section 232.78 - Temporary custody of a child pursuant to ex parte court order.
Section 232.79 - Custody without court order.
Section 232.79A - Children without adult supervision.
Section 232.80 - Homemaker services.
Section 232.83 - Child sexual abuse involving a person not responsible for the care of the child.
Section 232.84 - Transfer of custody — notice to adult relatives.
Section 232.87 - Filing of a petition — contents of petition.
Section 232.88 - Summons, notice, subpoenas, and service.
Section 232.89 - Right to and appointment of counsel.
Section 232.90 - Duties of county attorney.
Section 232.92 - Exclusion of public from hearings.
Section 232.93 - Other issues adjudicated.
Section 232.94 - Reporter required.
Section 232.94A - Records — subsequent hearings.
Section 232.95 - Hearing concerning temporary removal.
Section 232.96 - Adjudicatory hearing.
Section 232.97 - Social investigation and report.
Section 232.98 - Physical and mental examinations.
Section 232.99 - Dispositional hearing — findings.
Section 232.100 - Suspended judgment.
Section 232.101 - Retention of custody by parent.
Section 232.101A - Appointment of guardian.
Section 232.102 - Transfer of legal custody of child and placement.
Section 232.103 - Termination, modification, vacation, and substitution of dispositional order.
Section 232.104 - Permanency hearing — permanency order — subsequent proceedings.
Section 232.106 - Terms and conditions on child’s parent.
Section 232.107 - Parent visitation.
Section 232.108 - Visitation or ongoing interaction with siblings.
Section 232.109 - Jurisdiction.
Section 232.112 - Notice — service.
Section 232.113 - Right to and appointment of counsel.
Section 232.114 - Duties of county attorney.
Section 232.115 - Reporter required.
Section 232.116 - Grounds for termination.
Section 232.117 - Termination — findings — disposition.
Section 232.118 - Removal of guardian.
Section 232.119 - Adoption exchange established.
Section 232.120 - Preadoptive care — continued placement.
Section 232.122 - Jurisdiction.
Section 232.126 - Appointment of counsel and guardian ad litem.
Section 232.127 - Hearing — adjudication — disposition.
Section 232.142 - Maintenance and cost of juvenile homes — fund.
Section 232.143 - Service area group foster care budget targets.
Section 232.147 - Confidentiality of juvenile court records.
Section 232.148 - Fingerprints — photographs.
Section 232.149A - Confidentiality orders.
Section 232.149B - Public records orders.
Section 232.150 - Sealing of records.
Section 232.151 - Criminal penalties.
Section 232.152 - Rules of juvenile procedure.
Section 232.153 - Applicability of this chapter prior to July 1, 1979.
Section 232.158 - Interstate compact on placement of children.
Section 232.158A - Legal risk placement.
Section 232.159 - Financial responsibility.
Section 232.160 - Department of human services as public authority.
Section 232.161 - Department as authority in receiving state.
Section 232.162 - Authority to enter agreements.
Section 232.163 - Visitation, inspection, or supervision.
Section 232.164 - Court authority to place child in another state.
Section 232.165 - Executive head.
Section 232.166 - Statutes not affected.
Section 232.168 - Attorney general to enforce.
Section 232.171 - Interstate compact on juveniles.
Section 232.172 - Confinement of delinquent juvenile.
Section 232.173 - Interstate compact for juveniles.
Section 232.175 - Placement oversight.
Section 232.176 - Jurisdiction.
Section 232.179 - Appointment of counsel and guardian ad litem.
Section 232.180 - Duties of county attorney.
Section 232.181 - Social history report.
Section 232.182 - Initial determination.
Section 232.183 - Dispositional hearing.
Section 232.187 - Regional out-of-state placement committees.
Section 232.188 - Decategorization of child welfare and juvenile justice funding initiative.
Section 232.189 - Reasonable efforts administrative requirements.
Section 232.190 - Community grant fund.
Section 232.191 - Early intervention and follow-up programs.