1. Notwithstanding any other provision of the Code to the contrary, upon the court‘s own motion or application of a person who was the subject of a complaint or petition alleging the commission of a delinquent act that would be a forcible felony if committed by an adult, the court after hearing, shall order official juvenile court records in the case to be confidential and no longer public records under sections 232.19, 232.147, and 915.25, if the court finds both of the following apply:

 a. The case has been dismissed without any adjudication of delinquency and the person is no longer subject to the jurisdiction of the juvenile court in the matter.
 b. The child‘s interest in making the records confidential outweighs the public’s interest in the records remaining public records.
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Terms Used In Iowa Code 232.149A

  • Adult: means a person other than a child. See Iowa Code 232.2
  • 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
  • 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
  • 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. See Iowa Code 249L.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
  • 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
  • Institution: means a birthing hospital. See Iowa Code 252A.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
  • 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
  • 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 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.
  • 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. The records subject to a confidentiality order may be sealed at a later date if section 232.150 applies.
 3. Unless an order sealing the records has been entered pursuant to section 232.150, official juvenile court records subject to a confidentiality order may be inspected and their contents shall be disclosed 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, 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 and the county attorney’s assistants.
 e. An agency, association, facility, or institution which has custody of the child, or is legally responsible for the care, treatment, or supervision of the child, including but not limited to the department.
 f. A court, court professional staff, and adult probation officers in connection with the preparation of a presentence report concerning a person who 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. A state or local law enforcement agency.
 i. The state public defender.
 j. The department of corrections.
 k. A judicial district department of correctional services.
 l. The board of parole.
 m. The statistical analysis center for the purposes stated in section 216A.136.
 n. The alleged victim of the delinquent act.
 o. A member of the armed forces of the United States who is conducting a background investigation of an individual pursuant to federal law.
 4. Pursuant to court order, official juvenile court records subject to a confidentiality order 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.
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