2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.29 - INFORMAL ADJUSTMENT.

        232.29  INFORMAL ADJUSTMENT.
         1.  The informal adjustment of a complaint is a permissible
      disposition of a complaint at intake subject to the following
      conditions:
         a.  The child has admitted the child's involvement in a
      delinquent act.
         b.  The intake officer shall advise the child and the child's
      parent, guardian or custodian that they have the right to refuse an
      informal adjustment of the complaint and demand the filing of a
      petition and a formal adjudication.
         c.  Any informal adjustment agreement shall be entered into
      voluntarily and intelligently by the child with the advice of the
      child's attorney, or by the child with the consent of a parent,
      guardian, or custodian if the child is not represented by counsel.
         d.  The terms of such agreement shall be clearly stated in
      writing and signed by all parties to the agreement and a copy of this
      agreement shall be given to the child; the counsel for the child; the
      parent, guardian or custodian; and the intake officer, who shall
      retain the copy in the case file.
         e.  An agreement providing for the supervision of a child by a
      juvenile court officer or the provision of intake services shall not
      exceed six months.
         f.  An agreement providing for the referral of a child to a
      public or private agency for services shall not exceed six months.
         g.  The child and the child's parent, guardian or custodian
      shall have the right to terminate such agreement at any time and to
      request the filing of a petition and a formal adjudication.
         h.  If an informal adjustment of a complaint has been made, a
      petition based upon the events out of which the original complaint
      arose may be filed only during the period of six months from the date
      the informal adjustment agreement was entered into.  If a petition is
      filed within this period the child's compliance with all proper and
      reasonable terms of the agreement shall be grounds for dismissal of
      the petition by the court.
         i.  The person performing the duties of intake officer shall
      file a report at least annually with the court listing the number of
      informal adjustments made during the reporting time, the conditions
      imposed in each case, the number of informal adjustments resulting in
      dismissal without the filing of a petition, and the number of
      informal adjustments resulting in the filing of a petition upon the
      original complaint.
         2.  An informal adjustment agreement may prohibit a child from
      driving a motor vehicle for a specified period of time or under
      specific circumstances, require the child to perform a work
      assignment of value to the state or to the public, or require the
      child to make restitution consisting of a monetary payment to the
      victim or a work assignment directly of value to the victim.  The
      juvenile court officer shall notify the state department of
      transportation of the informal adjustment prohibiting the child from
      driving.
         3.  The person performing the duties of intake 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 any informal adjustment
      regarding the child, fourteen years of age or older, for an act which
      would be an aggravated misdemeanor or felony if committed by an
      adult.
         4.  An informal adjustment agreement regarding a child who has
      been placed in detention under section 232.22, subsection 1,
      paragraph "g", may include a provision that the child voluntarily
      participate in a batterers' treatment program under section 708.2B.
      

         Section History: Early Form

         [C79, 81, § 232.29; 82 Acts, ch 1209, § 8] 

         Section History: Recent Form

         83 Acts, ch 186, § 10055, 10201; 94 Acts, ch 1172, §14; 95 Acts,
      ch 180, § 4; 95 Acts, ch 191, § 11
         Referred to in § 232.28, 232.147, 915.28
         Juvenile victim restitution; see chapter 232A