2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.52 - DISPOSITION OF CHILD FOUND TO HAVE COMMITTED A DELINQUENT ACT.

        232.52  DISPOSITION OF CHILD FOUND TO HAVE COMMITTED A
      DELINQUENT ACT.
         1.  Pursuant to a hearing as provided in section 232.50, the court
      shall enter the least restrictive dispositional order appropriate in
      view of the seriousness of the delinquent act, the child's
      culpability as indicated by the circumstances of the particular case,
      the age of the child, the child's prior record, or the fact that the
      child has received a youthful offender deferred sentence under
      section 907.3A.  The order shall specify the duration and the nature
      of the disposition, including the type of residence or confinement
      ordered and the individual, agency, department or facility in whom
      custody is vested.  In the case of a child who has received a
      youthful offender deferred sentence, the initial duration of the
      dispositional order shall be until the child reaches the age of
      eighteen.
         2.  The dispositional orders which the court may enter subject to
      its continuing jurisdiction are as follows:
         a.  An order prescribing one or more of the following:
         (1)  A work assignment of value to the state or to the public.
         (2)  Restitution consisting of monetary payment or a work
      assignment of value to the victim.
         (3)  If the child is fourteen years of age or older, restitution
      consisting of monetary payment or a work assignment of value to the
      county or to the public for fees of attorneys appointed to represent
      the child at public expense pursuant to section 232.11.
         (4) (a)  The suspension or revocation of the driver's license or
      operating privilege of the child, for a period of one year, for the
      commission of delinquent acts which are a violation of any of the
      following:
         (i)  Section 123.46.
         (ii)  Section 123.47 regarding the purchase or attempt to purchase
      of alcoholic beverages.
         (iii)  Chapter 124.
         (iv)  Section 126.3.
         (v)  Chapter 453B.
         (vi)  Two or more violations of section 123.47 regarding the
      possession of alcoholic beverages.
         (vii)  Section 708.1, if the assault is committed upon an employee
      of the school at which the child is enrolled, and the child intended
      to inflict serious injury upon the school employee or caused bodily
      injury or mental illness.
         (viii)  Section 724.4, if the child carried the dangerous weapon
      on school grounds.
         (ix)  Section 724.4B.
         (b)  The child may be issued a temporary restricted license or
      school license if the child is otherwise eligible.
         (5)  The suspension of the driver's license or operating privilege
      of the child for a period not to exceed one year.  The order shall
      state whether a work permit may or shall not be issued to the child.

         b.  An order placing the child on probation and releasing the
      child to the child's parent, guardian, or custodian.
         c.  An order providing special care and treatment required for
      the physical, emotional, or mental health of the child, and
         (1)  Placing the child on probation or other supervision; and
         (2)  If the court deems appropriate, ordering the parent,
      guardian, or custodian to reimburse the county for any costs incurred
      as provided in section 232.141, subsection 1, or to otherwise pay or
      provide for such care and treatment.
         d.  An order transferring the legal custody of the child,
      subject to the continuing jurisdiction of the court for purposes of
      section 232.54, to one of the following:
         (1)  An adult relative or other suitable adult and placing the
      child on probation.
         (2)  A child-placing agency or other suitable private agency or
      facility which is licensed or otherwise authorized by law to receive
      and provide care for children and placing the child on probation or
      other supervision.
         (3)  The department of human services for purposes of foster care
      and prescribing the type of placement which will serve the best
      interests of the child and the means by which the placement shall be
      monitored by the court.  The court shall consider ordering placement
      in family foster care as an alternative to group foster care.
         (4)  The chief juvenile court officer or the officer's designee
      for placement in a program under section 232.191, subsection 4.  The
      chief juvenile court officer or the officer's designee may place a
      child in group foster care for failure to comply with the terms and
      conditions of the supervised community treatment program for up to
      seventy-two hours without notice to the court or for more than
      seventy-two hours if the court is notified of the placement within
      seventy-two hours of placement, subject to a hearing before the court
      on the placement within ten days.
         e.  An order transferring the guardianship of the child,
      subject to the continuing jurisdiction and custody of the court for
      the purposes of section 232.54, to the director of the department of
      human services for purposes of placement in the state training school
      or other facility, provided that the child is at least twelve years
      of age and the court finds the placement to be in the best interests
      of the child or necessary for the protection of the public, and that
      the child has been found to have committed an act which is a forcible
      felony, as defined in section 702.11, or a felony violation of
      section 124.401 or chapter 707, or the court finds any three of the
      following conditions exist:
         (1)  The child is at least fifteen years of age and the court
      finds the placement to be in the best interests of the child or
      necessary to the protection of the public.
         (2)  The child has committed an act which is a crime against a
      person and which would be an aggravated misdemeanor or a felony if
      the act were committed by an adult.
         (3)  The child has previously been found to have committed a
      delinquent act.
         (4)  The child has previously been placed in a treatment facility
      outside the child's home or in a supervised community treatment
      program established pursuant to section 232.191, subsection 4, as a
      result of a prior delinquency adjudication.
         f.  An order committing the child to a mental health institute
      or other appropriate facility for the purpose of treatment of a
      mental or emotional condition after making findings pursuant to the
      standards set out for involuntary commitment in chapter 229.
         g.  An order placing a child, other than a child who has
      committed a violation of section 123.47, in secure custody for not
      more than two days in a facility under section 232.22, subsection 3,
      paragraph "a" or "b".
         h.  In the case of a child adjudicated delinquent for an act
      which would be a violation of chapter 236 or section 708.2A if
      committed by an adult, an order requiring the child to attend a
      batterers' treatment program under section 708.2B.
         3. a.  An order under subsection 2, paragraph "a", may be
      the sole disposition or may be included as an element in other
      dispositional orders.
         b.  A parent or guardian may be required by the juvenile court
      to participate in educational or treatment programs as part of a
      probation plan.  A parent or guardian who does not participate in the
      probation plan when required to do so by the court may be held in
      contempt.
         c.  Notwithstanding subsection 2, the court shall not order
      group foster care placement of the child which is a charge upon the
      state if that placement is not in accordance with the service area
      plan for group foster care established pursuant to section 232.143
      for the departmental service area in which the court is located.
         4.  When the court enters an order placing a child on probation
      pursuant to this section, the court may in cases of change of
      residency transfer jurisdiction of the child to the juvenile court of
      the county where the child's residence is established.  The court to
      which the jurisdiction of the child is transferred shall have the
      same powers with respect to the child as if the petition had
      originally been filed in that court.
         5.  When the court enters an order transferring the legal and
      physical custody of a child to an agency, facility, department, or
      institution, the court shall transmit its order, its finding, and a
      summary of its information concerning the child to such agency,
      facility, department, or institution.
         6.  If the court orders the transfer of custody of the child to
      the department of human services or other agency for placement, the
      department or agency responsible for the placement of the child shall
      submit a case permanency plan to the court and shall make every
      effort to return the child to the child's home as quickly as
      possible.
         7. a.  When the court orders the transfer of legal custody of
      a child pursuant to subsection 2, paragraph "d", "e", or
      "f", the order shall state that reasonable efforts as defined in
      section 232.57 have been made.  If deemed appropriate by the court,
      the order may include a determination that continuation of the child
      in the child's home is contrary to the child's welfare.  The
      inclusion of such a determination shall not under any circumstances
      be deemed a prerequisite for entering an order pursuant to this
      section.  However, the inclusion of such a determination, supported
      by the record, may be used to assist the department in obtaining
      federal funding for the child's placement.  If such a determination
      is included in the order, unless the court makes a determination that
      further reasonable efforts are not required, reasonable efforts shall
      be made to prevent permanent removal of a child from the child's home
      and to encourage reunification of the child with the child's parents
      and family.  The reasonable efforts may include but are not limited
      to early intervention and follow-up programs implemented pursuant to
      section 232.191.
         b.  When the court orders the transfer of legal custody of a
      child pursuant to subsection 2, paragraph "d", and the child is
      sixteen years of age or older, the order shall specify the services
      needed to assist the child in preparing for the transition from
      foster care to adulthood.  If the child has a case permanency plan,
      the court shall consider the written transition plan of services and
      needs assessment developed for the child's case permanency plan.  If
      the child does not have a case permanency plan containing the
      transition plan and needs assessment at the time the transfer order
      is entered, the written transition plan and needs assessment shall be
      developed and submitted for the court's consideration no later than
      six months from the date of the transfer order.  The court shall
      modify the initial transfer order as necessary to specify the
      services needed to assist the child in preparing for the transition
      from foster care to adulthood.  If the transition plan identifies
      services or other support needed to assist the child when the child
      becomes an adult and the court deems it to be beneficial to the
      child, the court may authorize the individual who is the child's
      guardian ad litem or court appointed special advocate to continue a
      relationship with and provide advice to the child for a period of
      time beyond the child's eighteenth birthday.
         8.  If the court orders the transfer of the custody of the child
      to the department of human services or to another agency for
      placement in group foster care, the department or agency shall make
      every reasonable effort to place the child in the least restrictive,
      most family-like, and most appropriate setting available and in close
      proximity to the parents' home, consistent with the child's best
      interests and special needs, and shall consider the placement's
      proximity to the school in which the child is enrolled at the time of
      placement.
         9.  If a child has previously been adjudicated as a child in need
      of assistance, and a social worker or other caseworker from the
      department of human services has been assigned to work on the child's
      case, the court may order the department of human services to assign
      the same social worker or caseworker to work on any matters related
      to the child arising under this division.
         10. a.  Upon receipt of an application from the director of
      the department of human services, the court shall enter an order to
      temporarily transfer a child who has been placed in the state
      training school pursuant to subsection 2, paragraph "e", to a
      facility which has been designated to be an alternative placement
      site for the state training school, provided the court finds that all
      of the following conditions exist:
         (1)  There is insufficient time to file a motion and hold a
      hearing for a substitute dispositional order under section 232.54.
         (2)  Immediate removal of the child from the state training school
      is necessary to safeguard the child's physical or emotional health.
         (3)  That reasonable attempts to notify the parents, guardian ad
      litem, and attorney for the child have been made.
         b.  If the court finds the conditions in paragraph "a"
      exist and there is insufficient time to provide notice as required
      under rule of juvenile procedure 8.12, the court may enter an ex
      parte order temporarily transferring the child to the alternative
      placement site.
         c.  Within three days of the child's transfer, the director
      shall file a motion for a substitute dispositional order under
      section 232.54 and the court shall hold a hearing concerning the
      motion within fourteen days of the child's transfer.
         11.  The court shall order a juvenile adjudicated a delinquent for
      an offense that requires DNA profiling under section 81.2 to submit a
      DNA sample for DNA profiling pursuant to section 81.4.  

         Section History: Early Form

         [C73, § 1653--1659; C97, § 2708, 2709; S13, § 254-a23, 2708; C24,
      27, 31, 35, 39, § 3637, 3646, 3647, 3652; C46, 50, 54, 58, 62,
      §232.27, 232.28, 232.34; C66, 71, 73, 75, 77, § 232.34, 232.38,
      232.39; C79, 81, § 232.52; 82 Acts, ch 1260, § 22] 

         Section History: Recent Form

         83 Acts, ch 96, § 157, 159; 84 Acts, ch 1279, § 5; 85 Acts, ch
      124, § 1; 88 Acts, ch 1249, § 12, 13; 90 Acts, ch 1168, § 35; 90
      Acts, ch 1239, § 7, 8; 90 Acts, ch 1271, § 1505; 91 Acts, ch 232, §
      5, 6; 91 Acts, ch 258, § 37; 92 Acts, ch 1229, § 3; 92 Acts, ch 1231,
      § 20, 21; 94 Acts, ch 1172, §21, 22; 95 Acts, ch 180, § 6; 95 Acts,
      ch 191, § 13, 14; 96 Acts, ch 1134, § 2; 96 Acts, ch 1218, § 57; 97
      Acts, ch 51, §1; 97 Acts, ch 99, §2; 97 Acts, ch 126, § 26, 27; 97
      Acts, ch 208, §40; 98 Acts, ch 1073, §9; 99 Acts, ch 208, §35; 2001
      Acts, ch 24, §39; 2001 Acts, ch 135, §7; 2002 Acts, ch 1081, §2; 2003
      Acts, ch 117, §4; 2004 Acts, ch 1116, §4, 5; 2005 Acts, ch 158, §12,
      19; 2007 Acts, ch 218, §113; 2009 Acts, ch 41, §236; 2009 Acts, ch
      133, §220, 221
         Referred to in § 92.17, 232.22, 232.50, 232.53, 232.54, 232.58,
      232.133, 234.35, 321.213, 321.213A, 321.215, 321A.17, 692A.103,
      907.3A, 915.28
         Juvenile victim restitution, see chapter 232A