2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.44 - DETENTION OR SHELTER CARE HEARING -- RELEASE FROM DETENTION UPON CHANGE OF CIRCUMSTANCE.

        232.44  DETENTION OR SHELTER CARE HEARING -- RELEASE
      FROM DETENTION UPON CHANGE OF CIRCUMSTANCE.
         1. a.  A hearing shall be held within forty-eight hours,
      excluding Saturdays, Sundays, and legal holidays, of the time of the
      child's admission to a shelter care facility, and within twenty-four
      hours, excluding Saturdays, Sundays, and legal holidays, of the time
      of a child's admission to a detention facility.  If the hearing is
      not held within the time specified in this paragraph, the child shall
      be released from shelter care or detention.
         b.  Prior to the hearing a petition shall be filed, except
      where the child is already under the supervision of a juvenile court
      under a prior judgment.
         c.  If the child is placed in a detention facility in a county
      other than the county in which the child resides or in which the
      delinquent act allegedly occurred but which is within the same
      judicial district, the hearing may take place in the county in which
      the detention facility is located.
         d.  The child shall appear in person at the hearing required
      by this subsection.
         2.  The county attorney or a juvenile court officer may apply for
      a hearing at any time after the petition is filed to determine
      whether the child who is the subject of the petition should be placed
      in detention or shelter care.  The court may upon the application or
      upon its own motion order such hearing.  The court shall order a
      detention hearing for a child waived under section 232.45, subsection
      7, at the time of waiver.
         3.  A notice shall be served upon the child, the child's attorney,
      the child's guardian ad litem if any, and the child's known parent,
      guardian, or custodian not less than twelve hours before the time the
      hearing is scheduled to begin and in a manner calculated fairly to
      apprise the parties of the time, place, and purpose of the hearing.
      In the case of a hearing for a child waived for prosecution as a
      youthful offender, this notice may accompany the waiver order.  If
      the court finds that there has been reasonably diligent effort to
      give notice to a parent, guardian, or custodian and that the effort
      has been unavailing, the hearing may proceed without the notice
      having been served.
         4.  At the hearing to determine whether detention or shelter care
      is authorized under section 232.21 or 232.22 the court shall admit
      only testimony and other evidence relevant to the determination of
      whether there is probable cause to believe the child has committed
      the act as alleged in the petition and to the determination of
      whether the placement of the child in detention or shelter care is
      authorized under section 232.21 or 232.22.  At the hearing to
      determine whether a child who has been waived for prosecution as a
      youthful offender should be released from detention the court shall
      also admit evidence of the kind admissible to determine bond or bail
      under chapter 811, notwithstanding section 811.1.  Any written
      reports or records made available to the court at the hearing shall
      be made available to the parties.  A copy of the petition or waiver
      order shall be given to each of the parties at or before the hearing.

         5.  The court shall find release to be proper under the following
      circumstances:
         a.  If the court finds that there is not probable cause to
      believe that the child is a child within the jurisdiction of the
      court under this chapter, it shall release the child and dismiss the
      petition.
         b.  If the court finds that detention or shelter care is not
      authorized under section 232.21 or 232.22, or is authorized but not
      warranted in a particular case, the court shall order the child's
      release, and in so doing, may impose one or more of the following
      conditions:
         (1)  Place the child in the custody of a parent, guardian or
      custodian under that person's supervision, or under the supervision
      of an organization which agrees to supervise the child.
         (2)  Place restrictions on the child's travel, association, or
      place of residence during the period of release.
         (3)  Impose any other condition deemed reasonably necessary and
      consistent with the grounds for detaining children specified in
      section 232.21 or 232.22, including a condition requiring that the
      child return to custody as required.
         (4)  In the case of a child waived for prosecution as a youthful
      offender, require bail, an appearance bond, or set other conditions
      consistent with this section or section 811.2.
         c.  An order releasing a child on conditions specified in this
      section may be amended at any time to impose equally or less
      restrictive conditions.  The order may be amended to impose
      additional or more restrictive conditions, or to revoke the release,
      if the child has failed to conform to the conditions originally
      imposed.
         6.  If the court finds that there is probable cause to believe
      that the child is within the jurisdiction of the court under this
      chapter and that full-time detention or shelter care is authorized
      under section 232.21 or 232.22 or that detention is authorized under
      section 232.23, it may issue an order authorizing either shelter care
      or detention until the adjudicatory hearing or trial is held or for a
      period not exceeding seven days, whichever is shorter.  However, in
      the case of a child placed in detention under section 232.23, this
      period may be extended by agreement of the parties and the court.
         7.  If a child held in shelter care or detention by court order
      has not been released after a detention hearing or has not appeared
      at an adjudicatory hearing before the expiration of the order of
      detention, an additional hearing shall automatically be scheduled for
      the next court day following the expiration of the order.  The child,
      the child's counsel, the child's guardian ad litem, and the child's
      parent, guardian or custodian shall be notified of this hearing not
      less than twenty-four hours before the hearing is scheduled to take
      place.  The hearing required by this subsection may be held by
      telephone conference call.
         8.  A child held in a detention or shelter care facility pursuant
      to section 232.21 or 232.22 under order of court after a hearing may
      be released upon a showing that a change of circumstances makes
      continued detention unnecessary.
         9.  A written request for the release of the child, setting forth
      the changed circumstances, may be filed by the child, by a
      responsible adult on the child's behalf, by the child's custodian, or
      by the juvenile court officer.
         10.  Based upon the facts stated in the request for release the
      court may grant or deny the request without a hearing, or may order
      that a hearing be held at a date, time and place determined by the
      court.  Notice of the hearing shall be given to the child and the
      child's custodian or counsel.  Upon receiving evidence at the
      hearing, the court may release the child to the child's custodian or
      other suitable person, or may deny the request and remand the child
      to the detention or shelter care facility.
         11.  This section does not apply to a child placed in accordance
      with section 232.78, 232.79, or 232.95.  

         Section History: Early Form

         [C79, 81, § 232.44; 82 Acts, ch 1209, § 9, 10] 

         Section History: Recent Form

         87 Acts, ch 149, §5; 94 Acts, ch 1172, §16, 17; 95 Acts, ch 67, §
      15; 97 Acts, ch 126, §19; 2009 Acts, ch 41, §94
         Referred to in § 232.9, 232.11, 232.22, 232.23, 232.45