UHLENHOPP, Justice.
The determinative issue in this appeal is whether a separate hearing is required on the question of transferring an alleged juvenile delinquent from juvenile court to criminal court. See Code, 1971, § 232.72.
On August 24, 1969, fires occurred in two school buildings in Elkader, Iowa. On August 29, 1969, the county attorney of Clayton County filed a petition in juvenile court against Marcus Richard Halverson, alleging in pertinent part:
That the above named child is sixteen years of age, resides at Elkader, Clayton County, Iowa, and is a delinquent child within the statutes of the State of Iowa, to wit:
1. That on the 24th day of August, 1969, he did commit the crime of arson by setting fire to two (2) school buildings in the town of Elkader, Clayton [766]*766County, Iowa, to feloniously burn the same, this being contrary to the law as provided in Chapter 707.2 of the 1966 Code of Iowa, as amended.
On January 8, 1970, hearing commenced on the petition in juvenile court (Ober-hausen, J.). Before testimony began, the court asked the county attorney if he anticipated instituting the matter in district court should the juvenile court not retain jurisdiction. The county attorney answered affirmatively.
Thereafter, however, the court announced :
The Court: Before we hear the first witness, it is the court’s view that this is a regular hearing on a petition charging delinquency and at this time the State and the juvenile may present any or all relevant evidence concerning the question of delinquency and as to whether the court should or will make a finding of delinquency.
A full-blown juvenile hearing on the merits followed. The court heard 17 witnesses, mainly regarding the fires and the claimed connection of Marcus with them. The court also examined 29 exhibits. In addition, the court heard a psychiatric evaluation of Marcus and received a written report of social investigation.
On January 30, 1970, the court entered its judgment finding that Marcus would not benefit from juvenile court facilities but that the evidence was sufficient to warrant a criminal charge. The judgment stated:
It is, therefore, ordered by the court that the petition herein be and the same is hereby dismissed, and that the matter of the alleged violation of the criminal law forming the basis for the petition be and the same is hereby referred to the Clayton County Attorney for proper action under criminal law.
On February 26, 1970, the Clayton County grand jury indicted Marcus for arson. Marcus pleaded former jeopardy and not guilty.
On April 17, 1970, in the criminal case, the trial court (Nelson, J.) sustained the plea of former jeopardy and dismissed the indictment. The State appealed to this court from that ruling.
The parties argued a number of legal issues before us, but in the view we take of the case, the answer to one question determines the appeal. Under Iowa statutes, after a hearing on the merits of a delinquency charge in juvenile court based on commission of a crime, can the child be prosecuted in criminal court for that crime ? We consider first the development of the Iowa statutes on juvenile vis-a-vis criminal jurisdiction, and then the present statutory law.
I. We can hardly comprehend at this day that even into the present century children were handled the same as adults at the bar of criminal justice. But the fact is that Iowa did not adopt the juvenile court system until 1904. 30 G.A. ch. 11.
Thereafter and until 1965, the cases of children who committed indictable crimes were handled in either of two ways — in criminal or in juvenile court. The grand jury could indict a child or the county attorney could inform against him, or a petition could be filed against him in juvenile court. This result was reached under a statute providing that “When there is an indictment or a conviction in the district court of any delinquent child of an indictable offense, the district court may, before judgment, if the punishment be not imprisonment for life, or death, transfer the cause to the juvenile court.” Code, 1962, § 232.20; State v. Reed, 207 Iowa 557, 218 N.W. 609; Ethridge v. Hildreth, 253 Iowa 855, 114 N.W.2d 311.
Prior to the 1965 session of the Iowa legislature, a committee of probation officers, lawyers, ministers, and others concerned with the welfare of youth made a thorough study of Iowa juvenile court laws [767]*767and proposed a complete revision. The committee’s proposed bill was enacted in 1965 with few changes. 61 G.A. ch. 215. The new statute provided a comprehensive procedure for investigation, petition, and notice, leading to “The hearing on the merit of the petition”. 61 G.A. ch. 215, §§ 4, 5, 6, 9,12. Provision was made, following the hearing, for disposition for neglect, dependency, or delinquency, if established. §§ 34, 35.
One of the sections of the new statute provided (and still provides) that “The criminal court shall have concurrent jurisdiction with the juvenile court over children less than eighteen years of age who commit a criminal offense.” 61 G.A. ch. 215, § 67. Soon after the new statute was enacted, a case came to this court in which a county attorney had informed against a child in criminal court for an indictable crime, as under the old practice. This court held that the old practice was not changed in such respect; under the new concurrent jurisdiction section, a child could be charged as before in criminal or in juvenile court. State v. Stueve, 260 Iowa 1023, 150 N.W.2d 597. That holding was soon reaffirmed in another decision. Ashby v. Haugh, 260 Iowa 1047, 152 N.W.2d 228.
On March 21, 1966, the United States Supreme Court decided Kent v. United States, 383 U.S. 541, 86 S.Ct. 1045, 16 L.Ed.2d 84. That case involved an ex parte order by a juvenile court authorizing criminal charges to be filed against a child. The Court emphasized the critical nature of transfer proceedings and the great importance to the child, and held, among other things, that a hearing on the question of transfer is essential.
Kent met with prompt response in Iowa. When the Iowa legislature met again in 1967, it had the Stueve, Ashby, and Kent decisions before it. The legislature added a number of sections to the juvenile court statute, several of which had to do with the respective jurisdictions of the criminal and juvenile courts. 62 G.A. ch. 203. One section specifically provided that all children appearing in any court other than juvenile court shall, with exceptions not involved here, be immediately transferred to juvenile court. 62 G.A. ch. 203, § 15 (now § 232.64, Code, 1971). Another section, evidently enacted specifically to comply with Kent, dealt with transfer of children by the juvenile court to criminal court. § 23. That section provided (and still provides in § 232.72, Code, 1971):
When a petition alleging delinquency is based on an alleged act committed after the minor’s fourteenth (14th) birthday, and the court, after a hearing,
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UHLENHOPP, Justice.
The determinative issue in this appeal is whether a separate hearing is required on the question of transferring an alleged juvenile delinquent from juvenile court to criminal court. See Code, 1971, § 232.72.
On August 24, 1969, fires occurred in two school buildings in Elkader, Iowa. On August 29, 1969, the county attorney of Clayton County filed a petition in juvenile court against Marcus Richard Halverson, alleging in pertinent part:
That the above named child is sixteen years of age, resides at Elkader, Clayton County, Iowa, and is a delinquent child within the statutes of the State of Iowa, to wit:
1. That on the 24th day of August, 1969, he did commit the crime of arson by setting fire to two (2) school buildings in the town of Elkader, Clayton [766]*766County, Iowa, to feloniously burn the same, this being contrary to the law as provided in Chapter 707.2 of the 1966 Code of Iowa, as amended.
On January 8, 1970, hearing commenced on the petition in juvenile court (Ober-hausen, J.). Before testimony began, the court asked the county attorney if he anticipated instituting the matter in district court should the juvenile court not retain jurisdiction. The county attorney answered affirmatively.
Thereafter, however, the court announced :
The Court: Before we hear the first witness, it is the court’s view that this is a regular hearing on a petition charging delinquency and at this time the State and the juvenile may present any or all relevant evidence concerning the question of delinquency and as to whether the court should or will make a finding of delinquency.
A full-blown juvenile hearing on the merits followed. The court heard 17 witnesses, mainly regarding the fires and the claimed connection of Marcus with them. The court also examined 29 exhibits. In addition, the court heard a psychiatric evaluation of Marcus and received a written report of social investigation.
On January 30, 1970, the court entered its judgment finding that Marcus would not benefit from juvenile court facilities but that the evidence was sufficient to warrant a criminal charge. The judgment stated:
It is, therefore, ordered by the court that the petition herein be and the same is hereby dismissed, and that the matter of the alleged violation of the criminal law forming the basis for the petition be and the same is hereby referred to the Clayton County Attorney for proper action under criminal law.
On February 26, 1970, the Clayton County grand jury indicted Marcus for arson. Marcus pleaded former jeopardy and not guilty.
On April 17, 1970, in the criminal case, the trial court (Nelson, J.) sustained the plea of former jeopardy and dismissed the indictment. The State appealed to this court from that ruling.
The parties argued a number of legal issues before us, but in the view we take of the case, the answer to one question determines the appeal. Under Iowa statutes, after a hearing on the merits of a delinquency charge in juvenile court based on commission of a crime, can the child be prosecuted in criminal court for that crime ? We consider first the development of the Iowa statutes on juvenile vis-a-vis criminal jurisdiction, and then the present statutory law.
I. We can hardly comprehend at this day that even into the present century children were handled the same as adults at the bar of criminal justice. But the fact is that Iowa did not adopt the juvenile court system until 1904. 30 G.A. ch. 11.
Thereafter and until 1965, the cases of children who committed indictable crimes were handled in either of two ways — in criminal or in juvenile court. The grand jury could indict a child or the county attorney could inform against him, or a petition could be filed against him in juvenile court. This result was reached under a statute providing that “When there is an indictment or a conviction in the district court of any delinquent child of an indictable offense, the district court may, before judgment, if the punishment be not imprisonment for life, or death, transfer the cause to the juvenile court.” Code, 1962, § 232.20; State v. Reed, 207 Iowa 557, 218 N.W. 609; Ethridge v. Hildreth, 253 Iowa 855, 114 N.W.2d 311.
Prior to the 1965 session of the Iowa legislature, a committee of probation officers, lawyers, ministers, and others concerned with the welfare of youth made a thorough study of Iowa juvenile court laws [767]*767and proposed a complete revision. The committee’s proposed bill was enacted in 1965 with few changes. 61 G.A. ch. 215. The new statute provided a comprehensive procedure for investigation, petition, and notice, leading to “The hearing on the merit of the petition”. 61 G.A. ch. 215, §§ 4, 5, 6, 9,12. Provision was made, following the hearing, for disposition for neglect, dependency, or delinquency, if established. §§ 34, 35.
One of the sections of the new statute provided (and still provides) that “The criminal court shall have concurrent jurisdiction with the juvenile court over children less than eighteen years of age who commit a criminal offense.” 61 G.A. ch. 215, § 67. Soon after the new statute was enacted, a case came to this court in which a county attorney had informed against a child in criminal court for an indictable crime, as under the old practice. This court held that the old practice was not changed in such respect; under the new concurrent jurisdiction section, a child could be charged as before in criminal or in juvenile court. State v. Stueve, 260 Iowa 1023, 150 N.W.2d 597. That holding was soon reaffirmed in another decision. Ashby v. Haugh, 260 Iowa 1047, 152 N.W.2d 228.
On March 21, 1966, the United States Supreme Court decided Kent v. United States, 383 U.S. 541, 86 S.Ct. 1045, 16 L.Ed.2d 84. That case involved an ex parte order by a juvenile court authorizing criminal charges to be filed against a child. The Court emphasized the critical nature of transfer proceedings and the great importance to the child, and held, among other things, that a hearing on the question of transfer is essential.
Kent met with prompt response in Iowa. When the Iowa legislature met again in 1967, it had the Stueve, Ashby, and Kent decisions before it. The legislature added a number of sections to the juvenile court statute, several of which had to do with the respective jurisdictions of the criminal and juvenile courts. 62 G.A. ch. 203. One section specifically provided that all children appearing in any court other than juvenile court shall, with exceptions not involved here, be immediately transferred to juvenile court. 62 G.A. ch. 203, § 15 (now § 232.64, Code, 1971). Another section, evidently enacted specifically to comply with Kent, dealt with transfer of children by the juvenile court to criminal court. § 23. That section provided (and still provides in § 232.72, Code, 1971):
When a petition alleging delinquency is based on an alleged act committed after the minor’s fourteenth (14th) birthday, and the court, after a hearing, deems it contrary to the best interest of the minor or the public to retain jurisdiction, the court may enter an order making such findings and referring the alleged violation to the appropriate prosecuting authority for proper action under the criminal law. When such child pleads guilty or is found guilty of a public offense in another court that court may with the consent of the juvenile court refer the child back to juvenile court for further disposition. In any event the court before whom the plea was made or the conviction was had is expressly authorized to set aside such plea or conviction but only after the child has successfully completed a period of probation of not less than one (1) year. (Italics added.)
In 1969 a case came to this court in which a child had been indicted by a grand jury and in which the criminal court had refused to transfer the case to juvenile court. This court reversed, holding that in cases under present §§ 232.64 and 232.72, criminal courts must transfer children to juvenile court. The latter court is the one which determines whether cases of children are to be handled in juvenile or criminal court. Mallory v. Paradise, 173 N.W.2d 264 (Iowa). See also In re Brown, 183 N.W.2d 731 (Iowa). Such is the present state of Iowa law.
II. In the present case, a hearing in juvenile court was held on the merits as [768]*768to whether Marcus was delinquent, based on a charge of arson. Marcus contends, as a constitutional matter of double jeopardy, that after such a hearing the State could not try him in criminal court for the same alleged arson. We find consideration of the constitutional aspect unnecessary, because we think the matter is ruled by legislative intent manifested in the present juvenile court statute.
When the legislature overhauled the juvenile court law in 1965, it provided for hearings on petitions charging delinquency. Those hearings were not intended to be on the question of transfer, for at that time juveniles could be charged in criminal court without the intervention of juvenile court. Moreover, the statute spoke and still speaks of such a hearing as “on the merit of the petition”. § 232.11, Code, 1971. And such hearings lead to specified dispositions, not including transfer. § 232.34.
Then came Kent, the ensuing statutory requirement in Iowa that children appearing in any court be transferred to juvenile court, and the further provision in § 232.-72 for transfer from juvenile court to criminal court “after a hearing” as Kent requires. In this new § 232.72, the legislature appears to have provided a separate hearing from the one on the merits under existing §§ 232.4 to 232.11. If the legislature had intended that the matters of transfer and of the merits could be the subject of a single hearing, it could simply have added to the sections providing for hearings on the merits the words, “or on the question of transfer to criminal court.” Instead, it enacted a separate section dealing only with transfer and providing “a hearing”. § 232.72.
We think the background of § 232.72— the decision in Kent requiring a hearing followed by the prompt enactment of § 232.72 providing a hearing — as well as the language of the statute itself, indicate legislative intent to provide a separate hearing on transfer.
Decisions elsewhere are not very helpful because of varying statutory language. New Jersey, however, has a transfer statute somewhat similar to ours. N.J.S.A. § 2A:4-15. In applying such statute the New Jersey Supreme Court held that the transfer hearing is not a hearing on the merits. State v. Van Burén, 29 N.J. 548, 554, 555-556, 150 A.2d 649, 652, 653. Chief Justice Weintraub, speaking for the court, indicated the limited nature of transfer hearings:
In considering whether a hearing is required and if so its nature, it is necessary to keep in mind what is and is not determined when the juvenile court decides to refer the matter. It is clear that the court does not pass upon guilt of crime or upon the existence of delinquency. Rather the question is whether the cause shall be prosecuted under the criminal statute or under the Juvenile Delinquency Act. A finding of juvenile delinquency upon the basis of the conduct charged is neither required nor authorized.” (Italics added.)
He further stated:
The decision to retain or to relinquish jurisdiction is obviously meaningful to an alleged offender as well as to society, and hence, whatever may be thought of the demands of due process in this situation, fairness to both suggests that there be a hearing to aid the court in reaching a decision. At the same time, the hearing must be limited to one appropriate to the preliminary nature of the question and the criteria for decision which the juvenile court is required to observe. (Italics added.)
See also 43 C.J.S. Infants § 98(2) (b) at 234 (“Ordinarily, a preliminary inquiry is made by the juvenile court to determine whether the infant shall be proceeded against as a criminal or as a delinquent; if it decides the former, it must transfer the case to the court having jurisdiction.” Italics added). See also, Hicks v. State, [769]*769249 Ind. 24, 230 N.E.2d 757; Note, 40 S.Cal. L.Rev. 158.
But we think a more basic reason impels the conclusion that a separate hearing on transfer was intended. The inquiry in a transfer hearing is not the same as in a hearing on the merits, and the evidence may not be the same. While a hearing on the merits is of great importance to the child, a transfer hearing may be even more critical. A transfer and an ensuing criminal prosecution may result in incarceration of the child in an adult criminal facility with its attendant environment. Black v. United States, 122 U.S.App.D.C. 393, 355 F.2d 104; Sargent & Gordon, Waiver of Jurisdiction: An Evaluation of the Process in the Juvenile Court, 9 Crime & Delinquency 121; Schornhorst, The Waiver of Juvenile Court Jurisdiction: Kent Revisited, 43 Ind.L.J. 583; Comment, 52 Iowa L.Rev. 139, 141 (“The focal point of the conflicting demands for punishment and rehabilitation is the waiver determination.”). In the transfer hearing the court is concerned with such issues as the amenability of the child to the rehabilitative measures available to the juvenile court, the necessity of safeguarding the public from the child, and the heinousness of the alleged offense. But in a hearing on the merits, especially in a contested one, the juvenile court is seeking the very truth on the ultimate issue of guilt or innocence, and, in the case of guilt, the program most likely to turn the child around and to protect society at large in the process. Different objectives are involved, and separate hearings are indicated.
The State claims that the juvenile court ought to be allowed the flexibility of transferring a child to criminal court if, after a hearing on the merits, a transfer appears preferable to a delinquency adjudication. But if a county attorney is causing juvenile cases to be investigated properly, as this one was investigated, he will' know in advance whether he desires to prosecute criminally and he can so move the court at or before the outset of the hearing. He has available the investigative facilities of the probation officer, the law enforcement officers, and the social services staff. Moreover, if, after hearing the county attorney’s preliminary statement at the outset of a juvenile hearing, the juvenile court believes that transfer may be indicated, it can, sua sponte, thereupon restrict the hearing to the question of transfer.
We think simple fairness leads to the statutory interpretation that a child who is confronted with a delinquency petition and is put to a hearing is entitled to be apprised of the purpose of the hearing at the outset of it. If the county attorney does not move to transfer or if the court does not announce that the hearing is on the question of transfer before the child’s counsel makes his preliminary statement at the hearing or, if no such preliminary statement is made, before the first evidence is introduced, then the child'and his counsel may assume that the hearing is on the merits of the delinquency charge; and if the hearing goes forward, the child cannot subsequently be transferred to criminal court for prosecution of an alleged crime which was the basis of the delinquency charge. B.y the same token, if the county attorney does so move to transfer or if the court does so announce that the hearing is on transfer, then that hearing is so restricted.
Here no such motion by the county attorney or announcement by the court was made. Hence the hearing was on the delinquency charge, and the child could not subsequently be transferred to criminal court for prosecution for the crime on which the delinquency petition was predicated or be indicted for such crime. The trial court rightly dismissed the indictment in the criminal case.
Affirmed.
All Justices concur except REES, J., MOORE, C. J., and LeGRAND, J., who dissent.