Iowa Code 232.147 – Confidentiality of juvenile court records
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1. Juvenile court social records shall be confidential. They shall not be inspected and their contents shall not be disclosed except as provided in this section or as authorized by other provisions in this chapter.
Terms Used In Iowa Code 232.147
- Adult: means a person other than a child. See Iowa Code 232.2
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Child: means any person under the age of eighteen years. See Iowa Code 232.68
- Child: includes but shall not be limited to a stepchild, foster child, or legally adopted child and means a child actually or apparently under eighteen years of age, and a dependent person eighteen years of age or over who is unable to maintain the person's self and is likely to become a public charge. See Iowa Code 252A.2
- 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
- Conviction: A judgement of guilt against a criminal defendant.
- Court: means the juvenile court established under section 602. See Iowa Code 232.2
- Court: shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. See Iowa Code 252A.2
- Court appointed special advocate: means a person duly certified by the child advocacy board created in section 237. See Iowa Code 232.2
- Custodian: means a stepparent or a relative within the fourth degree of consanguinity to a child who has assumed responsibility for that child, a person who has accepted a release of custody pursuant to subchapter IV, or a person appointed by a court or juvenile court having jurisdiction over a child. See Iowa Code 232.2
- Delinquent act: means :a. See Iowa Code 232.2
- Department: means the department of health and human services and includes the local and county offices of the department. See Iowa Code 232.68
- Department: means the department of health and human services. See Iowa Code 249L.2
- Docket: A log containing brief entries of court proceedings.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Foster care: means the provision of parental nurturing, including but not limited to the furnishing of food, lodging, training, education, supervision, treatment, or other care, to a child on a full-time basis by a person, including an adult relative or fictive kin of the child, and where the child is under the placement, care, or supervision of the department, juvenile court services, or tribes with whom the department has entered into an agreement pursuant to a court order or voluntary placement, but not including a guardian of the child. See Iowa Code 232.2
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who is not the parent of a child, but who has been appointed by a court having jurisdiction over the child, to have a permanent self-sustaining relationship with the child and to make important decisions which have a permanent effect on the life and development of that child and to promote the general welfare of that child. See Iowa Code 232.2
- Guardian ad litem: means a person appointed by the court to represent the interests of a child in any judicial proceeding to which the child is a party. See Iowa Code 232.2
- Institution: means a birthing hospital. See Iowa Code 252A.2
- Intake: means the preliminary screening of complaints by an intake officer to determine whether the court should take some action and if so, what action. See Iowa Code 232.2
- Intake officer: means a juvenile court officer or other officer appointed by the court to perform the intake function. See Iowa Code 232.2
- Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
- Judge: means the judge of a juvenile court. See Iowa Code 232.2
- 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.
- Juvenile: means the same as "child". See Iowa Code 232.2
- Juvenile court officer: means a person appointed as a juvenile court officer under section 602. See Iowa Code 232.2
- Juvenile diversion program: means an organized effort to coordinate services for a child who is alleged to have committed a delinquent act, when the organized effort results in the dismissal of a complaint alleging the commission of the delinquent act or results in informally proceeding without a complaint being filed against the child, and which does not result in an informal adjustment agreement involving juvenile court services or the filing of a delinquency petition. See Iowa Code 232.2
- Lien: A claim against real or personal property in satisfaction of a debt.
- official records: means official records of the court of proceedings over which the court has jurisdiction under this chapter which includes but is not limited to the following:
a. See Iowa Code 232.2- Parent: means a biological or adoptive mother or father of a child; or a father whose paternity has been established by one of the methods enumerated in section 252A. See Iowa Code 232.2
- Party: means a petitioner, a respondent, or a person who intervenes in a proceeding instituted under this chapter. See Iowa Code 252A.2
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Petition: means a pleading the filing of which initiates formal judicial proceedings in the juvenile court. See Iowa Code 232.2
- Preadoptive care: means the provision of parental nurturing on a full-time basis to a child in foster care by a person who has signed a preadoptive placement agreement with the department for the purposes of proceeding with a legal adoption of the child. See Iowa Code 232.2
- Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation: means a legal status which is created by a dispositional order of the court in a case where a child has been adjudicated to have committed a delinquent act, which exists for a specified period of time, and which places the child under the supervision of a juvenile court officer or other person or agency designated by the court. See Iowa Code 232.2
- Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- social records: means all records made with respect to a child in connection with proceedings over which the court has jurisdiction under this chapter other than official records and includes but is not limited to the records made and compiled by intake officers, predisposition reports, and reports of physical and mental examinations. See Iowa Code 232.2
- state: means the general interest held by the people in the health, safety, welfare, and protection of all children living in this state. See Iowa Code 232.90
- 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.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes all the states. See Iowa Code 4.1
- Voluntary placement: means a foster care placement in which the department provides foster care services to a child according to a signed placement agreement between the department and the child's parent or guardian. See Iowa Code 232.2
2. Official juvenile court records in all cases except those alleging delinquency shall be confidential and are not public records. Confidential records may be inspected and their contents shall be disclosed to the following without court order, provided that a person or entity who inspects or receives a confidential record under this subsection shall not disclose the confidential record or its contents unless required by law:a. The judge and professional court staff, including juvenile court officers.b. The child and the child‘s counsel.c. The child’s parent, guardian, or custodian, court appointed special advocate, and guardian ad litem, and the members of the child advocacy board created in section 237.16 or a local citizen foster care review board created in accordance with section 237.19 who are assigning or reviewing the child’s case.d. The county attorney, the county attorney’s assistants, or the attorney representing the state in absence of the county attorney.e. An agency, individual, association, facility, or institution responsible for the care, treatment, or supervision of the child pursuant to a court order or voluntary placement agreement with the department, juvenile officer, or intake officer.f. A court, court professional staff, and adult probation officers in connection with the preparation of a presentence report concerning a person who prior thereto had been the subject of a juvenile court proceeding.g. The child’s foster parent or an individual providing preadoptive care to the child.h. The state public defender.i. The statistical analysis center for the purposes stated in section 216A.136.j. The department.3. Official juvenile court records in all cases alleging the commission of a delinquent act except those alleging the commission of a delinquent act that would be a forcible felony if committed by an adult shall be confidential and are not public records. Unless an order sealing such confidential records in a delinquency proceeding has been entered pursuant to section 232.150, confidential records may be inspected and their contents shall be disclosed to the following without court order, provided that a person or entity who inspects or receives a confidential record under this subsection shall not disclose the confidential record or its contents unless required by law:a. The judge and professional court staff, including juvenile court officers.b. The child and the child’s counsel.c. The child’s parent, guardian, or custodian, court appointed special advocate, guardian ad litem, and the members of the child advocacy board created in section 237.16 or a local citizen foster care review board created in accordance with section 237.19 who are assigning or reviewing the child’s case.d. The county attorney, the county attorney’s assistants, or the attorney representing the state in absence of the county attorney.e. An agency, individual, association, facility, or institution responsible for the care, treatment, or supervision of the child pursuant to a court order or voluntary placement agreement with the department, juvenile court officer, or intake officer.f. A court, court professional staff, and adult probation officers in connection with the preparation of a presentence report concerning a person who prior thereto had been the subject of a juvenile court delinquency proceeding.g. The state public defender.h. The department.i. The department of corrections.j. A judicial district department of correctional services.k. The board of parole.l. The superintendent or the superintendent’s designee of the school district for the school attended by the child or the authorities in charge of an accredited nonpublic school attended by the child.m. A member of the armed forces of the United States who is conducting a background investigation of an individual pursuant to federal law.n. The statistical analysis center for the purposes stated in section 216A.136.o. A state or local law enforcement agency.p. The alleged victim of the delinquent act.q. An individual involved in the operation of a juvenile diversion program, who may also receive from a state or local law enforcement agency police reports and related information that assist in the operation of the juvenile diversion program.4. Official juvenile court records containing a petition or complaint alleging the commission of a delinquent act that would be a forcible felony if committed by an adult shall be public records subject to a confidentiality order under section 232.149A or sealing under section 232.150. However, such official records shall not be available to the public or any governmental agency through the internet or in an electronic customized data report unless the child has been adjudicated delinquent in the matter. However, such official juvenile court records shall be disclosed through the internet or in an electronic customized data report prior to the child being adjudicated delinquent to the following without court order:a. The judge and professional court staff, including juvenile court officers.b. The child and the child’s counsel.c. The child’s parent, guardian, or custodian, court appointed special advocate, guardian ad litem, and the members of the child advocacy board created in section 237.16 or a local citizen foster care review board created in accordance with section 237.19 who are assigning or reviewing the child’s case.d. The county attorney, the county attorney’s assistants, or the attorney representing the state in absence of the county attorney.e. A court, court professional staff, and adult probation officers in connection with the preparation of a presentence report concerning a person who prior thereto had been the subject of a juvenile court proceeding.f. An agency, individual, association, facility, or institution responsible for the care, treatment, or supervision of the child pursuant to a court order or voluntary placement agreement with the department, juvenile court officer, or intake officer.g. A state or local law enforcement agency.h. The state public defender.i. The statistical analysis center for the purposes stated in section 216A.136.j. The department.k. The department of corrections.l. A judicial district department of correctional services.m. The board of parole.n. The superintendent or the superintendent’s designee of the school district for the school attended by the child or the authorities in charge of an accredited nonpublic school attended by the child.o. A member of the armed forces of the United States who is conducting a background investigation of an individual pursuant to federal law.p. The alleged victim of the delinquent act.q. An individual involved in the operation of a juvenile diversion program, who may also receive from a state or local law enforcement agency police reports and related information that assist in the operation of the juvenile diversion program.5. If the court has excluded the public from a hearing pursuant to section 232.39 or 232.92, the transcript of the proceedings shall not be deemed a public record and inspection and disclosure of the contents of the transcript shall not be permitted except pursuant to a court order or unless otherwise provided in this chapter.6. Delinquency complaints under section 232.28 shall be released in accordance with section 915.25. Other official juvenile court records in a delinquency proceeding that are public records under this section and that have not been made confidential pursuant to section 232.149A or sealed pursuant to section 232.150 may be released under this section by a juvenile court officer.7. Official juvenile court records enumerated in section 232.2, subsection 44, paragraph “e”, relating to paternity, support, or the termination of parental rights, shall be disclosed, upon request, to child support services without court order.8. Pursuant to court order, official juvenile court records may be inspected by and their contents may be disclosed to:a. A person conducting bona fide research for research purposes under whatever conditions the court may deem proper, provided that no personal identifying data shall be disclosed to such a person.b. Persons who have a direct interest in a proceeding or in the work of the court.9. Social records prior to adjudication may be disclosed without court order to the superintendent or superintendent’s designee of a school district, authorities in charge of an accredited nonpublic school, or any other state or local agency that is part of the juvenile justice system, in accordance with an interagency agreement established under section 280.25. The disclosure shall only include identifying information that is necessary to fulfill the purpose of the disclosure. The social records disclosed shall be used solely for the purpose of determining the programs and services appropriate to the needs of the child or the family of the child and shall not be disclosed for any other purpose unless otherwise provided by law.10. Subject to restrictions imposed by sections 232.48, subsection 4, and 232.97, subsection 3, all juvenile court records shall be made available for inspection and their contents shall be disclosed to any party to the case and the party’s counsel and to any trial or appellate court in connection with an appeal pursuant to subchapter VI.11. The clerk of the district court shall enter information from the juvenile record on the judgment docket and lien index, but only as necessary to record support judgments.12. The state agency designated to enforce support obligations may release information as necessary in order to meet statutory responsibilities.13. Release of official juvenile court records to a victim of a delinquent act is subject to the provisions of section 915.24, notwithstanding contrary provisions of this chapter.14. Notwithstanding any provision of this section or a confidentiality order entered pursuant to section 232.149A, the juvenile court shall notify the department of transportation as required by sections 321.213 and 321.213A.15. The confidentiality of a final adjudication of delinquency under this section or pursuant to section 232.149A shall not prohibit the state from pleading or proving the adjudication at a subsequent criminal or delinquency proceeding for the purpose of penalty enhancement when a provision of the Code specifically deems the delinquency adjudication to constitute a final conviction.16. A provision in this section or section 232.149A or 232.150 shall not be construed to limit or restrict the production, use, or introduction of official juvenile court records in any juvenile or adult criminal proceeding, where such records are relevant and deemed admissible under any other provision of the law.17. A provision in this section or section 232.149A shall not limit or prohibit individuals from performing any duties or responsibilities as required by section 123.47B, 124.415, 232.47, 232.49, or 321J.2B.18. Notwithstanding any provision of this section or section 232.149A to the contrary, if the child has been discharged from the jurisdiction of the juvenile court in a delinquency proceeding due to reaching the age of eighteen and restitution remains unpaid, the name of the court, the title of the action, and the court’s file number shall not be kept confidential, and the restitution amount shall be a judgment and lien as provided in sections 910.7A, 910.8, 910.10, and 915.28 until the restitution is paid.19. Notwithstanding any other provision of law, a public record which is confidential under the provisions of this chapter shall only be subject to release upon order of a court in a proceeding under this chapter.