2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.22 - PLACEMENT IN DETENTION.

        232.22  PLACEMENT IN DETENTION.
         1.  A child shall not be placed in detention unless one of the
      following conditions is met:
         a.  The child is being held under warrant for another
      jurisdiction.
         b.  The child is an escapee from a juvenile correctional or
      penal institution.
         c.  There is probable cause to believe that the child has
      violated conditions of release imposed under section 232.44,
      subsection 5, paragraph "b", or section 232.52 or 232.54, and
      there is a substantial probability that the child will run away or
      otherwise be unavailable for subsequent court appearance.
         d.  There is probable cause to believe the child has committed
      a delinquent act, and one of the following conditions is met:
         (1)  There is a substantial probability that the child will run
      away or otherwise be unavailable for subsequent court appearance.
         (2)  There is a serious risk that the child if released may commit
      an act which would inflict serious bodily harm on the child or on
      another.
         (3)  There is a serious risk that the child if released may commit
      serious damage to the property of others.
         e.  There is probable cause to believe that the child has
      committed a delinquent act involving possession with intent to
      deliver any of the following controlled substances:
         (1)  A mixture or substance containing cocaine base, also known as
      crack cocaine, and if the act was committed by an adult, it would be
      a violation of section 124.401, subsection 1, paragraph "a",
      subparagraph (3), paragraph "b", subparagraph (3), or paragraph
      "c", subparagraph (3).
         (2)  A mixture or substance containing cocaine, its salts, optical
      and geometric isomers, and salts of isomers, and if the act was
      committed by an adult, it would be a violation of section 124.401,
      subsection 1, paragraph "a", subparagraph (2), subparagraph
      division (b), paragraph "b", subparagraph (2), subparagraph
      division (b), or paragraph "c", subparagraph (2), subparagraph
      division (b).
         (3)  A mixture or substance containing methamphetamine, its salts,
      isomers, or salts of isomers, or analogs of methamphetamine, and if
      the act was committed by an adult, it would be a violation of section
      124.401, subsection 1.
         f.  A dispositional order has been entered under section
      232.52 placing the child in secure custody in a facility defined in
      subsection 3, paragraph "a" or "b".
         g.  There is probable cause to believe that the child has
      committed a delinquent act which would be domestic abuse under
      chapter 236 or a domestic abuse assault under section 708.2A if
      committed by an adult.
         2.  If deemed appropriate by the court, an order for placement of
      a child in detention may include a determination that continuation of
      the child in the child's home is contrary to the child's welfare and
      that reasonable efforts as defined in section 232.57 have been made.
      The inclusion of such a determination shall not under any
      circumstances be deemed a prerequisite for entering an order pursuant
      to this section.  However, the inclusion of such a determination,
      supported by the record, may assist the department in obtaining
      federal funding for the child's placement.
         3.  Except as provided in subsection 7, a child may be placed in
      detention as provided in this section in one of the following
      facilities only:
         a.  A juvenile detention home.
         b.  Any other suitable place designated by the court other
      than a facility under paragraph "c".
         c. (1)  A room in a facility intended or used for the
      detention of adults if there is probable cause to believe that the
      child has committed a delinquent act which if committed by an adult
      would be a felony, or aggravated misdemeanor under section 708.2 or
      709.11, a serious or aggravated misdemeanor under section 321J.2, or
      a violation of section 123.46, and if all of the following apply:
         (a)  The child is at least fourteen years of age.
         (b)  The child has shown by the child's conduct, habits, or
      condition that the child constitutes an immediate and serious danger
      to another or to the property of another, and a facility or place
      enumerated in paragraph "a" or "b" is unavailable, or the
      court determines that the child's conduct or condition endangers the
      safety of others in the facility.
         (c)  The facility has an adequate staff to supervise and monitor
      the child's activities at all times.
         (d)  The child is confined in a room entirely separated from
      detained adults, is confined in a manner which prohibits
      communication with detained adults, and is permitted to use common
      areas of the facility only when no contact with detained adults is
      possible.
         (2)  However, if the child is to be detained for a violation of
      section 123.46 or section 321J.2, placement in a facility pursuant to
      this paragraph "c" shall be made only after an attempt has been
      made to notify the parents or legal guardians of the child and
      request that the parents or legal guardians take custody of the
      child.  If the parents or legal guardians cannot be contacted, or
      refuse to take custody of the child, an attempt shall be made to
      place the child in another facility, including but not limited to a
      local hospital or shelter care facility.  Also, a child detained for
      a violation of section 123.46 or section 321J.2 pursuant to this
      paragraph "c" shall only be detained in a facility with adequate
      staff to provide continuous visual supervision of the child.
         d.  A place used for the detention of children prior to an
      adjudicatory hearing may also be used for the detention of a child
      awaiting disposition to a placement under section 232.52, subsection
      2, paragraph "e", while the adjudicated child is awaiting
      transfer to the disposition placement.
         4.  A child shall not be held in a facility under subsection 3,
      paragraph "a" or "b", for a period in excess of twenty-four
      hours without an oral or written court order authorizing the
      detention.  When the detention is authorized by an oral court order,
      the court shall enter a written order before the end of the next day
      confirming the oral order and indicating the reasons for the order.
         5. a.  A child shall not be detained in a facility under
      subsection 3, paragraph "c", for a period of time in excess of
      six hours without the oral or written order of a judge or a
      magistrate authorizing the detention.  A judge or magistrate may
      authorize detention in a facility under subsection 3, paragraph
      "c", for a period of time in excess of six hours but less than
      twenty-four hours, excluding weekends and legal holidays, but only if
      all of the following occur or exist:
         (1)  The facility serves a geographic area outside a standard
      metropolitan statistical area as determined by the United States
      census bureau.
         (2)  The court determines that an acceptable alternative placement
      does not exist pursuant to criteria developed by the department of
      human services.
         (3)  The facility has been certified by the department of
      corrections as being capable of sight and sound separation pursuant
      to this section and section 356.3.
         (4)  The child is awaiting an initial hearing before the court
      pursuant to section 232.44.
         b.  The restrictions contained in this subsection relating to
      the detention of a child in a facility under subsection 3, paragraph
      "c", do not apply if the court has waived its jurisdiction over
      the child for the alleged commission of a felony offense pursuant to
      section 232.45.
         6.  An adult within the jurisdiction of the court under section
      232.8, subsection 1, who has been placed in detention, is not
      bailable under chapter 811.  If such an adult is detained in a room
      in a facility intended or used for the detention of adults, the adult
      shall be confined in a room entirely separated from adults not within
      the jurisdiction of the court under section 232.8, subsection 1.
         7.  If the court has waived its jurisdiction over the child for
      the alleged commission of a forcible felony offense pursuant to
      section 232.45 or 232.45A, and there is a serious risk that the child
      may commit an act which would inflict serious bodily harm on another
      person, the child may be held in the county jail, notwithstanding
      section 356.3.  However, wherever possible the child shall be held in
      sight and sound separation from adult offenders.  A child held in the
      county jail under this subsection shall have all the rights of adult
      postarrest or pretrial detainees.
         8.  Notwithstanding any other provision of the Code to the
      contrary, a child shall not be placed in detention for a violation of
      section 123.47, or for failure to comply with a dispositional order
      which provides for performance of community service for a violation
      of section 123.47.  

         Section History: Early Form

         [S13, § 254-a24; SS15, § 254-a16; C24, 27, 31, 35, 39, § 3633;
      C46, 50, 54, 58, 62, § 232.17; C66, 71, 73, 75, 77, § 232.17--232.19;
      C79, 81, § 232.22; 82 Acts, ch 1209, § 4, 5] 

         Section History: Recent Form

         86 Acts, ch 1186, § 3; 87 Acts, ch 149, §2--4; 88 Acts, ch 1167, §
      2, 3; 91 Acts, ch 232, §2, 3; 92 Acts, ch 1231, § 14, 15; 95 Acts, ch
      180, § 3; 95 Acts, ch 191, § 9; 96 Acts, ch 1164, § 7; 97 Acts, ch
      126, §14; 2001 Acts, ch 135, §6; 2009 Acts, ch 41, §233, 234, 263
         Referred to in § 232.19, 232.20, 232.23, 232.29, 232.44, 232.46,
      232.52, 232.149, 803.6