§ 232.29 — Informal adjustment

Iowa § 232.29

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 232: JUVENILE JUSTICE

Text

1. The informal adjustment of a complaint is a permissible disposition of a complaint at
intake subject to the following conditions:
a. The child has admitted the child’s involvement in a delinquent act.
b. The intake officer shall advise the child and the child’s parent, guardian, or custodian
that they have the right to refuse an informal adjustment of the complaint and demand the
filing of a petition and a formal adjudication.
c. Any informal adjustment agreement shall be entered into voluntarily and intelligently
bythechildwiththeadviceofthechild’sattorney, orbythechildwiththeconsentofaparent,
guardian, or custodian if the child is not represented by counsel.
d. The terms of such agreement shall be clearly stated in writing and signed by all parties
to the agreement and a copy of this agreement shall be given to the child; the counsel for the
child; the parent, guardian, or custodian; and the intake officer, who shall retain the copy in
the case file.
e. An agreement providing for the supervision of a child by a juvenile court officer or the
provision of intake services shall not exceed six months.
f. An agreement providing for the referral of a child to a public or private agency for
services shall not exceed six months.
g. Thechildandthechild’sparent, guardian, orcustodianshallhavetherighttoterminate
such agreement at any time and to request the filing of a petition and a formal adjudication.
h. If an informal adjustment of a complaint has been made, a petition based upon the
events out of which the original complaint arose may be filed only during the period of six
months from the date the informal adjustment agreement was entered into. If a petition is
filed within this period the child’s compliance with all proper and reasonable terms of the
agreement shall be grounds for dismissal of the petition by the court.
i. The person performing the duties of intake officer shall file a report at least annually
withthecourtlistingthenumberofinformaladjustmentsmadeduringthereportingtime, the
conditions imposed in each case, the number of informal adjustments resulting in dismissal
without the filing of a petition, and the number of informal adjustments resulting in the filing
of a petition upon the original complaint.

2. An informal adjustment agreement may prohibit a child from driving a motor vehicle
for a specified period of time or under specific circumstances, require the child to perform a
work assignment of value to the state or to the public, or require the child to make restitution
consisting of a monetary payment to the victim or a work assignment directly of value to the
victim. The juvenile court officer shall notify the state department of transportation of the
informal adjustment prohibiting the child from driving.
3. The person performing the duties of intake officer shall notify the superintendentof the
school district or the superintendent’s designee, or the authorities in charge of the nonpublic
schoolwhichthechildattends,ofanyinformaladjustmentregardingthechild,fourteenyears
of age or older, for an act which would be an aggravated misdemeanor or felony if committed
by an adult.
4. An informal adjustment agreement regarding a child who has been placed in detention
under section 232.22, subsection 1, paragraph “g”, may include a provision that the child
voluntarily participate in a batterers’ treatment program under section 708.2B.

Legislative History

[C79, 81, §232.29; 82 Acts, ch 1209, §8]