2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.43 - ANSWER -- PLEA AGREEMENT -- ACCEPTANCE OF PLEA ADMITTING ALLEGATIONS OF PETITION.

        232.43  ANSWER -- PLEA AGREEMENT -- ACCEPTANCE OF PLEA
      ADMITTING ALLEGATIONS OF PETITION.
         1.  A written answer to a delinquency petition need not be filed
      by the child, but any matters which might be set forth in an answer
      or other pleading may be filed in writing or pleaded orally before
      the court.
         2.  The county attorney and the child's counsel may mutually
      consider a plea agreement which contemplates entry of a plea
      admitting the allegations of the petition in the expectation that
      other charges will be dismissed or not filed or that a specific
      disposition will be recommended by the county attorney and granted by
      the court.  Any plea discussion shall be open to the child and the
      child's parent, guardian or custodian.
         3.  The court shall not accept a plea admitting the allegations of
      the petition without first addressing the child personally in court,
      determining that the plea is voluntary and not the result of any
      force or threats or promises other than promises made in connection
      with a plea agreement and informing the child of and determining that
      the child understands the following:
         a.  The nature of the allegations of the petition to which the
      plea is offered.
         b.  The severest possible disposition and the maximum length
      of such disposition which the court may order if the court accepts
      the plea.
         c.  The child has the right to deny the allegations of the
      petition.
         d.  If the child admits the allegations of the petition the
      child waives the right to a further adjudicatory hearing.
         4.  The court shall not accept a plea admitting the allegations of
      the petition without first addressing the county attorney and the
      child's counsel in court and making an inquiry into whether such a
      plea is the result of a plea agreement.  The court shall require the
      disclosure of the terms of any such agreement in court.  If a plea
      agreement has been reached which contemplates entry of the plea in
      the expectation that the court will order a specific disposition or
      dismiss other charges against the child before the court, the court
      shall state to the parties whether the court will concur in the
      proposed disposition or dismissal of charges.  If the court will not
      concur in such disposition or dismissal, the court should advise the
      child personally of this fact, advise the child that the disposition
      of the case may be less favorable to the child than that contemplated
      by the plea agreement, and afford the child the opportunity to
      withdraw the plea.  If the court defers decision as to whether the
      court will concur with the proposed disposition or dismissal until
      there has been an opportunity to consider the predisposition report,
      the court shall advise the child that the court is not bound by the
      plea agreement and afford the child the opportunity to withdraw the
      plea.
         5.  The court shall not accept a plea admitting the allegations of
      the petition without:
         a.  Determining that there is a factual basis for the plea.
         b.  Determining that the child was given effective assistance
      of counsel prior to tender of the plea.
         c.  Inquiring of the parent or parents who are present in
      court whether they agree as to the course of action that their child
      has chosen.  If either parent expresses disagreement with the plea,
      the court may refuse to accept that plea.
         6.  If the court determines that a plea is not in the child's best
      interest it may refuse to accept that plea regardless of the
      agreement of the parties.  

         [C79, 81, § 232.43]