2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.47 - ADJUDICATORY HEARING -- FINDINGS -- ADJUDICATION.

        232.47  ADJUDICATORY HEARING -- FINDINGS --
      ADJUDICATION.
         1.  If a child denies the allegations of the petition, that child
      may be found to be delinquent only after an adjudicatory hearing
      conducted in accordance with the provisions of this section.
         2.  The court shall hear and adjudicate all cases involving a
      petition alleging a child to have committed a delinquent act.
         3.  The child shall have the right to adjudication by an impartial
      finder of fact.  A judge of the juvenile court may not serve as the
      finder of fact over objection of the child based upon a showing of
      prejudice on the part of the judge.  In the event that a judge is
      disqualified from serving as a finder of fact under this provision, a
      substitute judge shall serve as the finder of fact.
         4.  At an adjudicatory hearing the state shall have the burden of
      proving the allegations of the petition.
         5.  Only evidence which is admissible under the rules of evidence
      applicable to the trial of criminal cases shall be admitted at the
      hearing except as otherwise provided by this section.
         6.  Statements or other evidence derived directly or indirectly
      from statements which a child makes to a law enforcement officer
      while in custody without presence of counsel may be admitted into
      evidence at an adjudicatory hearing over the child's objection only
      after the court determines whether the child has voluntarily waived
      the right to remain silent.  In making its determination the court
      may consider any factors it finds relevant and shall consider the
      following factors:
         a.  Opportunity for the child to consult with a parent,
      guardian, custodian, lawyer or other adult.
         b.  The age of the child.
         c.  The child's level of education.
         d.  The child's level of intelligence.
         e.  Whether the child was advised of the child's
      constitutional rights.
         f.  Length of time the child was held in shelter care or
      detention before making the statement in question.
         g.  The nature of the questioning which elicited the
      statement.
         h.  Whether physical punishment such as deprivation of food or
      sleep was used upon the child during the shelter care, detention, or
      questioning.
         7.  The following statements or other evidence shall not be
      admitted as evidence in chief at an adjudicatory hearing:
         a.  Statements or other evidence derived directly or
      indirectly from statements which a child makes to a juvenile intake
      officer without the presence of counsel subsequent to the filing of a
      complaint and prior to adjudication unless the child and the child's
      attorney consent to the admission of such statements or evidence.
         b.  Statements which the child makes to a juvenile probation
      officer or other person conducting a predisposition investigation
      during such an investigation.
         8.  At the conclusion of an adjudicatory hearing, the court shall
      make a finding as to whether the child has committed a delinquent
      act.  The court shall make and file written findings as to the truth
      of the specific allegations of the petition and as to whether the
      child has engaged in delinquent conduct.
         9.  If the court finds that the child did not engage in delinquent
      conduct, the court shall enter an order dismissing the petition.
         10.  If the court finds that the child did engage in delinquent
      conduct, the court may enter an order adjudicating the child to have
      committed a delinquent act.  The child shall be presumed to be
      innocent of the charges and no finding that a child has engaged in
      delinquent conduct may be made unless the state has proved beyond a
      reasonable doubt that the child engaged in such behavior.
         11.  If the court enters an order adjudicating the child to have
      committed a delinquent act, the court may issue an order authorizing
      either shelter care or detention until the dispositional hearing is
      held.
         12.  A juvenile court 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 the child's adjudication for a delinquent act which would be an
      indictable offense if committed by an adult.  

         Section History: Early Form

         [C66, 71, 73, 75, 77, § 232.31; C79, 81, § 232.47] 

         Section History: Recent Form

         94 Acts, ch 1172, §20
         Referred to in § 232.8, 232.9, 232.11, 232.46, 232.48, 232.49,
      232.50, 232.133