2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.8 - JURISDICTION.

        232.8  JURISDICTION.
         1. a.  The juvenile court has exclusive original jurisdiction
      in proceedings concerning a child who is alleged to have committed a
      delinquent act unless otherwise provided by law, and has exclusive
      original jurisdiction in proceedings concerning an adult who is
      alleged to have committed a delinquent act prior to having become an
      adult, and who has been transferred to the jurisdiction of the
      juvenile court pursuant to an order under section 803.5.
         b.  Violations by a child of provisions of chapter 321, 321G,
      321I, 453A, 461A, 461B, 462A, 481A, 481B, 483A, 484A, or 484B, which
      would be simple misdemeanors if committed by an adult, and violations
      by a child of county or municipal curfew or traffic ordinances, are
      excluded from the jurisdiction of the juvenile court and shall be
      prosecuted as simple misdemeanors as provided by law.  A child
      convicted of a violation excluded from the jurisdiction of the
      juvenile court under this paragraph shall be sentenced pursuant to
      section 805.8, where applicable, and pursuant to section 903.1,
      subsection 3, for all other violations.
         c.  Violations by a child, aged sixteen or older, which
      subject the child to the provisions of section 124.401, subsection 1,
      paragraph "e" or "f", or violations of section 723A.2 which
      involve a violation of chapter 724, or violation of chapter 724 which
      constitutes a felony, or violations which constitute a forcible
      felony are excluded from the jurisdiction of the juvenile court and
      shall be prosecuted as otherwise provided by law unless the court
      transfers jurisdiction of the child to the juvenile court upon motion
      and for good cause.  A child over whom jurisdiction has not been
      transferred to the juvenile court, and who is convicted of a
      violation excluded from the jurisdiction of the juvenile court under
      this paragraph, shall be sentenced pursuant to section 124.401B,
      902.9, or 903.1.  Notwithstanding any other provision of the Code to
      the contrary, the court may accept from a child a plea of guilty, or
      may instruct the jury on a lesser included offense to the offense
      excluded from the jurisdiction of the juvenile court under this
      section, in the same manner as regarding an adult.  However, the
      juvenile court shall have exclusive original jurisdiction in a
      proceeding concerning an offense of animal torture as provided in
      section 717B.3A alleged to have been committed by a child under the
      age of seventeen.
         d.  The juvenile court shall have jurisdiction in proceedings
      commenced against a child pursuant to section 236.3 over which the
      district court has waived its jurisdiction.  The juvenile court shall
      hear the action in the manner of an adjudicatory hearing under
      section 232.47, subject to the following:
         (1)  The juvenile court shall abide by the provisions of sections
      236.4 and 236.6 in holding hearings and making a disposition.
         (2)  The plaintiff is entitled to proceed pro se under sections
      236.3A and 236.3B.
         2.  A case involving a person charged in a court other than the
      juvenile court with the commission of a public offense not exempted
      by law from the jurisdiction of the juvenile court and who is within
      the provisions of subsection 1 of this section shall immediately be
      transferred to the juvenile court.  The transferring court shall
      order a transfer and shall forward the transfer order together with
      all papers, documents and a transcript of all testimony filed or
      admitted into evidence in connection with the case to the clerk of
      the juvenile court.  The jurisdiction of the juvenile court shall
      attach immediately upon the signing of an order of transfer.  From
      the time of transfer, the custody, shelter care and detention of the
      person alleged to have committed a delinquent act shall be in
      accordance with the provisions of this chapter and the case shall be
      processed in accordance with the provisions of this chapter.
         3. a.  The juvenile court, after a hearing and in accordance
      with the provisions of section 232.45, may waive jurisdiction of a
      child alleged to have committed a public offense so that the child
      may be prosecuted as an adult or youthful offender for such offense
      in another court.  If the child, except a child being prosecuted as a
      youthful offender, pleads guilty or is found guilty of a public
      offense other than a class "A" felony in another court of this state,
      that court may suspend the sentence or, with the consent of the
      child, defer judgment and without regard to restrictions placed upon
      deferred judgments for adults, place the child on probation for a
      period of not less than one year upon such conditions as it may
      require.  Upon fulfillment of the conditions of probation, a child
      who receives a deferred judgment shall be discharged without entry of
      judgment.
         b.  This subsection does not apply in a proceeding concerning
      an offense of animal torture as provided in section 717B.3A alleged
      to have been committed by a child under the age of seventeen.
         4.  In a proceeding concerning a child who is alleged to have
      committed a second delinquent act or a second violation excluded from
      the jurisdiction of the juvenile court, the court or the juvenile
      court shall determine whether there is reason to believe that the
      child regularly abuses alcohol or other controlled substance and may
      be in need of treatment.  If the court so determines, the court shall
      advise appropriate juvenile authorities and refer such offenders to
      the juvenile court for disposition pursuant to section 232.52A.
         5.  Nothing in this chapter shall be interpreted as affecting the
      statutory limitations on prosecutions for murder in the first or
      second degree.
         6.  The supreme court shall prescribe rules under section 602.4202
      to resolve jurisdictional and venue issues when juveniles who are
      placed in another court's jurisdiction are alleged to have committed
      subsequent delinquent acts.  

         Section History: Early Form

         [C71, 73, 75, 77, § 232.63--232.67, 232.72; C79, 81, § 232.8] 

         Section History: Recent Form

         84 Acts, ch 1275, § 6; 86 Acts, ch 1186, § 1, 2; 87 Acts, ch 149,
      § 1; 88 Acts, ch 1134, § 48; 88 Acts, ch 1167, § 1; 90 Acts, ch 1251,
      § 23, 24; 91 Acts, ch 240, § 9; 92 Acts, ch 1160, § 21; 92 Acts, ch
      1231, § 12; 95 Acts, ch 180, § 2; 95 Acts, ch 191, § 8; 96 Acts, ch
      1134, § 1; 97 Acts, ch 126, §11; 2000 Acts, ch 1056, §1; 2000 Acts,
      ch 1152, §1, 2; 2000 Acts, ch 1232, §57, 58; 2004 Acts, ch 1132, §79;
      2009 Acts, ch 41, §263
         Referred to in § 232.22, 232.45, 232.45A, 232.52A, 232.53, 232C.4,
      717B.3A, 803.5, 803.6