§ 232.35 — Filing of petition

Iowa § 232.35

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

Text

1. A formal judicial proceeding to determine whether a child has committed a delinquent
act shall be initiated by the filing by the county attorney of a petition alleging that a child has
committed a delinquent act. After a petition has been filed, service of a summons requiring
the child to appear before the court or service of a notice shall be made as provided in section
232.37.
2. If the intake officer determines that a complaint is legally sufficient for the filing of a
petition alleging that a child has committed a delinquent act and that the filing of a petition
wouldbeinthebestinterestsofthechildandthecommunity, theofficershallsubmitawritten
request for the filing of a petition to the county attorney. The county attorney may grant or
denytherequestoftheintakeofficerforthefilingofapetition. Adeterminationbythecounty
attorney that a petition should not be filed shall be final.
3. If the intake officer determines that a complaint is not legally sufficient for the filing
of a petition or that the filing of a petition would not be in the best interests of the child and
the community, the officer shall notify the complainant of the officer’s determination and the
reasons for such determination, and shall advise the complainant that the complainant may
submit the complaint to the county attorney for review. Upon receiving a request for review,
the county attorney shall consider the facts presented by the complainant, consult with the
intake officer and make the final determination as to whether a petition should be filed. In the
absenceofarequestbythecomplainantforareviewoftheintakeofficer’sdeterminationthat
a petition should not be filed, the officer’s determination shall be final, and the intake officer
shall inform the county attorney of this decision concerning complaints involving allegations
of acts which, if committed by an adult, would constitute an aggravated misdemeanor or a
felony.

Legislative History

[SS15, §254-a15; C24, 27, 31, 35, 39, §3621; C46, 50, 54, 58, 62, §232.5; C66, 71, 73, 75, 77, §232.3; C79, 81, §232.35]