Iowa Code 232.149 – Records of criminal or juvenile justice agencies, intake officers, and juvenile court officers
Current as of: 2024 | Check for updates
|
Other versions
1. The taking of a child into custody under the provisions of section 232.19 shall not be considered an arrest.
Terms Used In Iowa Code 232.149
- Adult: means a person other than a child. See Iowa Code 232.2
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- Child: means any person under the age of eighteen years. See Iowa Code 232.68
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Complaint: means an oral or written report which is made to the juvenile court by any person and alleges that a child is within the jurisdiction of the court. 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: means the juvenile court established under section 602. See Iowa Code 232.2
- Criminal or juvenile justice agency: means any agency which has as its primary responsibility the enforcement of the state's criminal laws or of local ordinances made pursuant to state law. See Iowa Code 232.2
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Delinquent act: means :a. See Iowa Code 232.2
- Detention: means the temporary care of a child in a physically restricting facility designed to ensure the continued custody of the child at any point between the child's initial contact with the juvenile authorities and the final disposition of the child's case. See Iowa Code 232.2
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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
- Informal adjustment: means the disposition of a complaint without the filing of a petition and may include but is not limited to the following:
a. 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
- 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
- Petition: means a pleading the filing of which initiates formal judicial proceedings in the juvenile court. See Iowa Code 232.2
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- 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
- United States: includes all the states. See Iowa Code 4.1
2. Records and files of a criminal or juvenile justice agency, an intake officer, or a juvenile court officer concerning a child involved in a delinquent act are confidential. The records are subject to sealing under section 232.150 unless the juvenile court waives its jurisdiction over the child so that the child may be prosecuted as an adult for a public offense. A criminal or juvenile justice agency may disclose to individuals involved in the operation of a juvenile diversion program police reports and related information that assist in the operation of the juvenile diversion program.3. Records and files of a criminal or juvenile justice agency, an intake officer, or a juvenile court officer concerning a defendant transferred under section 803.6 to the juvenile court for the alleged commission of a public offense are public records, except that release of criminal history data, intelligence data, and law enforcement investigatory files is subject to the provisions of section 22.7 and chapter 692, and juvenile court social records shall be deemed confidential criminal identification files under section 22.7, subsection 9. The records are subject to sealing under section 232.150.4. Notwithstanding subsection 2, if a juvenile who has been placed in detention under section 232.22 escapes from the facility, the criminal or juvenile justice agency may release the name of the juvenile, the facts surrounding the escape, and the offense or alleged offense which resulted in the placement of the juvenile in the facility.5. Records of an intake officer or juvenile court officer containing a dismissal of a complaint or an informal adjustment of a complaint if no petition is filed relating to the complaint, shall not be available to the public and may only be inspected by or disclosed to the following:a. The judge and professional court staff, including juvenile court officers.b. The child’s counsel or guardian ad litem.c. The county attorney and county attorney’s assistants.d. 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.e. A member of the armed forces of the United States who is conducting a background investigation of an individual pursuant to federal law.f. The statistical analysis center for the purposes stated in section 216A.136.g. The state public defender.h. The department.i. The alleged victim of the delinquent act.6. Notwithstanding subsections 2 and 5, information from such records and files may be disclosed by a juvenile justice agency, intake officer, or juvenile court officer, when making referrals for placement of the child, to an agency, individual, association, facility, or institution that will have physical custody of the child, or will become responsible for the care, treatment, or supervision of the child upon placement.