2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.35 - FILING OF PETITION.

        232.35  FILING OF PETITION.
         1.  A formal judicial proceeding to determine whether a child has
      committed a delinquent act shall be initiated by the filing by the
      county attorney of a petition alleging that a child has committed a
      delinquent act.  After a petition has been filed, service of a
      summons requiring the child to appear before the court or service of
      a notice shall be made as provided in section 232.37.
         2.  If the intake officer determines that a complaint is legally
      sufficient for the filing of a petition alleging that a child has
      committed a delinquent act and that the filing of a petition would be
      in the best interests of the child and the community, the officer
      shall submit a written request for the filing of a petition to the
      county attorney.  The county attorney may grant or deny the request
      of the intake officer for the filing of a petition.  A determination
      by the county attorney that a petition should not be filed shall be
      final.
         3.  If the intake officer determines that a complaint is not
      legally sufficient for the filing of a petition or that the filing of
      a petition would not be in the best interests of the child and the
      community, the officer shall notify the complainant of the officer's
      determination and the reasons for such determination, and shall
      advise the complainant that the complainant may submit the complaint
      to the county attorney for review.  Upon receiving a request for
      review, the county attorney shall consider the facts presented by the
      complainant, consult with the intake officer and make the final
      determination as to whether a petition should be filed.  In the
      absence of a request by the complainant for a review of the intake
      officer's determination that a petition should not be filed, the
      officer's determination shall be final, and the intake officer shall
      inform the county attorney of this decision concerning complaints
      involving allegations of acts which, if committed by an adult, would
      constitute an aggravated misdemeanor or a felony.  

         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, § 232.35] 

         Section History: Recent Form

         92 Acts, ch 1231, § 16; 2003 Acts, ch 151, §4
         Referred to in § 232.28, 331.653, 692.1, 692.8, 692.15