2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.46 - CONSENT DECREE.

        232.46  CONSENT DECREE.
         1.  At any time after the filing of a petition and prior to entry
      of an order of adjudication pursuant to section 232.47, the court may
      suspend the proceedings on motion of the county attorney or the
      child's counsel, enter a consent decree, and continue the case under
      terms and conditions established by the court.  These terms and
      conditions may include prohibiting a child from driving a motor
      vehicle for a specified period of time or under specific
      circumstances, or the supervision of the child by a juvenile court
      officer or other agency or person designated by the court, and may
      include the requirement that the child perform a work assignment of
      value to the state or to the public or make restitution consisting of
      a monetary payment to the victim or a work assignment directly of
      value to the victim.  The court shall notify the state department of
      transportation of an order prohibiting the child from driving.
         2.  A consent decree entered regarding a child placed in detention
      under section 232.22, subsection 1, paragraph "g", shall require
      the child to attend a batterers' treatment program under section
      708.2B.  The second time the child fails to attend the batterers'
      treatment as required by the consent decree shall result in the
      decree being vacated and proceedings commenced under section 232.47.

         3.  A consent decree shall not be entered unless the child and the
      child's parent, guardian or custodian is informed of the consequences
      of the decree by the court and the court determines that the child
      has voluntarily and intelligently agreed to the terms and conditions
      of the decree.  If the county attorney objects to the entry of a
      consent decree, the court shall proceed to determine the
      appropriateness of entering a consent decree after consideration of
      any objections or reasons for entering such a decree.
         4.  A consent decree shall remain in force for up to one year
      unless the child is sooner discharged by the court or by the juvenile
      court officer or other agency or person supervising the child.  Upon
      application of a juvenile court officer or other agency or person
      supervising the child made prior to the expiration of the decree and
      after notice and hearing, or upon agreement by the parties, a consent
      decree may be extended for up to an additional year by order of the
      court.
         5.  When a child has complied with the express terms and
      conditions of the consent decree for the required amount of time or
      until earlier dismissed as provided in subsection 4, the original
      petition may not be reinstated.  However, failure to so comply may
      result in the child's being thereafter held accountable as if the
      consent decree had never been entered.
         6.  A child who is discharged or who completes a period of
      continuance without the reinstatement of the original petition shall
      not be proceeded against in any court for a delinquent act alleged in
      the petition.  

         Section History: Early Form

         [C79, 81, § 232.46; 82 Acts, ch 1209, § 11] 

         Section History: Recent Form

         83 Acts, ch 186, § 10055, 10201; 94 Acts, ch 1172, §19; 95 Acts,
      ch 180, § 5; 2008 Acts, ch 1187, §132
         Referred to in § 232.9