2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.28 - INTAKE.

        232.28  INTAKE.
         1.  Any person having knowledge of the facts may file a complaint
      with the court or its designee alleging that a child has committed a
      delinquent act.  A written record shall be maintained of any oral
      complaint received.
         2.  The court or its designee shall refer the complaint to an
      intake officer who shall consult with law enforcement authorities
      having knowledge of the facts and conduct a preliminary inquiry to
      determine what action should be taken.
         3.  In the course of a preliminary inquiry, the intake officer
      may:
         a.  Interview the complainant, victim or witnesses of the
      alleged delinquent act.
         b.  Check existing records of the court, law enforcement
      agencies and public records of other agencies.
         c.  Hold conferences with the child and the child's parent or
      parents, guardian or custodian for the purpose of interviewing them
      and discussing the disposition of the complaint in accordance with
      the requirements set forth in subsection 8.
         d.  Examine any physical evidence pertinent to the complaint.

         e.  Interview such persons as are necessary to determine
      whether the filing of a petition would be in the best interests of
      the child and the community as provided in section 232.35,
      subsections 2 and 3.
         4.  Any additional inquiries may be made only with the consent of
      the child and the child's parent or parents, guardian or custodian.
         5.  Participation of the child and the child's parent or parents,
      guardian or custodian in a conference with an intake officer shall be
      voluntary, and they shall have the right to refuse to participate in
      such conference.  At such conference the child shall have the right
      to the assistance of counsel in accordance with section 232.11 and
      the right to remain silent when questioned by the intake officer.
         6.  The intake officer, after consultation with the county
      attorney when necessary, shall determine whether the complaint is
      legally sufficient for the filing of a petition.  A complaint shall
      be deemed legally sufficient for the filing of a petition if the
      facts as alleged are sufficient to establish the jurisdiction of the
      court and probable cause to believe that the child has committed a
      delinquent act.  If the intake officer determines that the complaint
      is legally sufficient to support the filing of a petition, the
      officer shall determine whether the interests of the child and the
      public will best be served by the dismissal of the complaint, the
      informal adjustment of the complaint, or the filing of a petition.
         7.  If the intake officer determines that the complaint is not
      legally sufficient for the filing of a petition or that further
      proceedings are not in the best interests of the child or the public,
      the intake officer shall dismiss the complaint.
         8.  If the intake officer determines that the complaint is legally
      sufficient for the filing of a petition and that an informal
      adjustment of the complaint is in the best interests of the child and
      the community, the officer may make an informal adjustment of the
      complaint in accordance with section 232.29.
         9.  If the intake officer determines that the complaint is legally
      sufficient for the filing of a petition and that the filing of a
      petition is in the best interests of the child and the public, the
      officer shall request the county attorney to file a petition in
      accordance with section 232.35.  

         Section History: Early Form

         [SS15, § 254-a15; C24, 27, 31, 35, 39, § 3621; C46, 50, 54,
      58, 62, § 232.5; C66, 71, 73, 75, 77, § 232.3; C79, 81, § 232.28; 82
      Acts, ch 1209, § 6, 7] 

         Section History: Recent Form

         88 Acts, ch 1134, §50; 95 Acts, ch 191, § 10; 96 Acts, ch 1110,
      §1; 97 Acts, ch 126, §16, 17; 98 Acts, ch 1090, §61, 84
         Referred to in §232.147, 915.26