Iowa Code 232.47 – Adjudicatory hearing — findings — adjudication
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1. If a child denies the allegations of the petition, that child may be found to be delinquent only after an adjudicatory hearing conducted in accordance with the provisions of this section.
Terms Used In Iowa Code 232.47
- Adjudicatory hearing: means a hearing to determine if the allegations of a petition are true. See Iowa Code 232.2
- Adult: means a person other than a child. See Iowa Code 232.2
- Child: means any person under the age of eighteen years. See Iowa Code 232.68
- Court: means the juvenile court established under section 602. 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
- 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
- Dispositional hearing: means a hearing held after an adjudication to determine what dispositional order should be made. See Iowa Code 232.2
- 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.
- 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
- 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
- Judge: means the judge of a juvenile court. See Iowa Code 232.2
- 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
- Parent: means a biological or adoptive mother or father of a child; or a father whose paternity has been established by operation of law due to the individual's marriage to the mother at the time of conception, birth, or at any time during the period between conception and birth of the child, by order of a court of competent jurisdiction, or by administrative order when authorized by state law. 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
- Predisposition investigation: means an investigation conducted for the purpose of collecting information relevant to the court's fashioning of an appropriate disposition of a delinquency case over which the court has jurisdiction. See Iowa Code 232.2
- Shelter care: means the temporary care of a child in a physically unrestricting facility at any time between a child's initial contact with juvenile authorities and the final judicial disposition of the child's case. 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. The court shall hear and adjudicate all cases involving a petition alleging a child to have committed a delinquent act.3. The child shall have the right to adjudication by an impartial finder of fact. A judge of the juvenile court may not serve as the finder of fact over objection of the child based upon a showing of prejudice on the part of the judge. In the event that a judge is disqualified from serving as a finder of fact under this provision, a substitute judge shall serve as the finder of fact.4. At an adjudicatory hearing the state shall have the burden of proving the allegations of the petition.5. Only evidence which is admissible under the rules of evidence applicable to the trial of criminal cases shall be admitted at the hearing except as otherwise provided by this section.6. Statements or other evidence derived directly or indirectly from statements which a child makes to a law enforcement officer while in custody without presence of counsel may be admitted into evidence at an adjudicatory hearing over the child’s objection only after the court determines whether the child has voluntarily waived the right to remain silent. In making its determination the court may consider any factors it finds relevant and shall consider the following factors:a. Opportunity for the child to consult with a parent, guardian, custodian, lawyer or other adult.b. The age of the child.c. The child’s level of education.d. The child’s level of intelligence.e. Whether the child was advised of the child’s constitutional rights.f. Length of time the child was held in shelter care or detention before making the statement in question.g. The nature of the questioning which elicited the statement.h. Whether physical punishment such as deprivation of food or sleep was used upon the child during the shelter care, detention, or questioning.7. The following statements or other evidence shall not be admitted as evidence in chief at an adjudicatory hearing:a. Statements or other evidence derived directly or indirectly from statements which a child makes to a juvenile intake officer without the presence of counsel subsequent to the filing of a complaint and prior to adjudication unless the child and the child’s attorney consent to the admission of such statements or evidence.b. Statements which the child makes to a juvenile probation officer or other person conducting a predisposition investigation during such an investigation.8. At the conclusion of an adjudicatory hearing, the court shall make a finding as to whether the child has committed a delinquent act. The court shall make and file written findings as to the truth of the specific allegations of the petition and as to whether the child has engaged in delinquent conduct.9. If the court finds that the child did not engage in delinquent conduct, the court shall enter an order dismissing the petition.10. If the court finds that the child did engage in delinquent conduct, the court may enter an order adjudicating the child to have committed a delinquent act. The child shall be presumed to be innocent of the charges and no finding that a child has engaged in delinquent conduct may be made unless the state has proved beyond a reasonable doubt that the child engaged in such behavior.11. If the court enters an order adjudicating the child to have committed a delinquent act, the court may issue an order authorizing either shelter care or detention until the dispositional hearing is held.12. A juvenile court officer shall notify the superintendent of the school district or the superintendent’s designee, or the authorities in charge of the nonpublic school which the child attends of the child’s adjudication for a delinquent act which would be an indictable offense if committed by an adult.