Iowa Code 803.6 – Transfer of jurisdiction — juvenile
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Terms Used In Iowa Code 803.6
- Child: includes child by adoption. See Iowa Code 4.1
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
803.6 Transfer of jurisdiction — juvenile.
1. The court, in the case of a juvenile who is alleged to have committed a criminal offense listed in § 232.8, subsection 1, paragraph “”c””, may direct a juvenile court officer to provide a report regarding whether the child should be transferred to juvenile court for adjudication and disposition as a juvenile.
2. If the court believes that transfer may be appropriate the court shall hold a hearing on whether the child should be transferred. A notice of the time and place of the transfer hearing shall be given to all parties to the case. Prior to the hearing, the court shall provide the defendant‘s counsel and the county attorney with access to the report provided by the juvenile court officer and to all written material to be considered by the court.
3. After the hearing, the court may transfer jurisdiction to the juvenile court if the court determines that waiver to the criminal court would be inappropriate under the criteria set forth in § 232.45, subsection 6, paragraph “”c””, and § 232.45, subsection 8.
4. If after the hearing the court transfers jurisdiction over the defendant to the juvenile
court for the alleged commission of the public offense, the court 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 in the same manner as provided in § 232.8, subsection 2, and the clerk shall seal all records initiated in district court.
5. A defendant transferred to the jurisdiction of the juvenile court shall be placed in detention under § 232.22.
95 Acts, ch 191, §54; 2018 Acts, ch 1153, §14
Referred to in §232.8, 232.149
1. The court, in the case of a juvenile who is alleged to have committed a criminal offense listed in § 232.8, subsection 1, paragraph “”c””, may direct a juvenile court officer to provide a report regarding whether the child should be transferred to juvenile court for adjudication and disposition as a juvenile.
2. If the court believes that transfer may be appropriate the court shall hold a hearing on whether the child should be transferred. A notice of the time and place of the transfer hearing shall be given to all parties to the case. Prior to the hearing, the court shall provide the defendant‘s counsel and the county attorney with access to the report provided by the juvenile court officer and to all written material to be considered by the court.
3. After the hearing, the court may transfer jurisdiction to the juvenile court if the court determines that waiver to the criminal court would be inappropriate under the criteria set forth in § 232.45, subsection 6, paragraph “”c””, and § 232.45, subsection 8.
4. If after the hearing the court transfers jurisdiction over the defendant to the juvenile
court for the alleged commission of the public offense, the court 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 in the same manner as provided in § 232.8, subsection 2, and the clerk shall seal all records initiated in district court.
5. A defendant transferred to the jurisdiction of the juvenile court shall be placed in detention under § 232.22.
95 Acts, ch 191, §54; 2018 Acts, ch 1153, §14
Referred to in §232.8, 232.149