In many ways, the juvenile delinquency process mirrors that of the adult Iowa Criminal Procedure.
The first step is the initial investigation. A police officer will conduct the investigation, either based upon reports or upon witnessing a delinquent act. If the police officer determines that a delinquent act has been committed, he will file a report and contact the juvenile court office.
A juvenile court officer will examine the report, and often will interview the child. If the charge is very minor and the child has not been in trouble before, the juvenile court officer may choose not to pursue the case. However, many times the juvenile court office must alert the county attorney and begin juvenile proceedings.
If the county attorney reviews the report and decides to bring the case to court, she will file a petition.
The petition will be served upon the child’s parents, usually by the sheriff. The documents will also contain an order directing the parents to obtain counsel and to attend a pretrial conference.
At the pretrial conference, the parties will meet and decide whether they need to proceed to an adjudicatory hearing.
An adjudicatory hearing is a trial in juvenile court, where the county attorney must prove to the judge that the child has committed the delinquent act as alleged in the petition.
If the parents, child and their attorney feel that an agreement can be reached wherein no adjudicatory hearing is necessary, the child can plead guilty (called entering a factual basis) at the pretrial conference. Often times is the best solution for all parties due to the time and costs that are saved. If the State’s evidence is strong, and they are willing to consider a reasonable disposition, then skipping the adjudicatory hearing can be a good decision.
If no agreement is reached, an adjudicatory hearing is scheduled. At that hearing the county attorney will place forth all of her evidence and present her testimony. Usually the witnesses will be the police officers involved and any people that witnessed the delinquent act. The child’s attorney can cross-examine all of the State’s witnesses.
The child’s attorney will then have the chance to present his evidence. This can be anything that cuts against the facts of the State, including having the child take the stand and explain what happened.
If the Court believes that the delinquent act has been committed, or if the child admitted to it at the pretrial conference, then the case proceeds to a dispositional hearing.
The dispositional hearing is much like a sentencing hearing in adult court. The outcome, or the “punishment” is determined and made into law. The most severe disposition is residential placement, where the child is sent to live at the State Training School. The most lenient disposition is a consent decree.
A consent decree is similar to a deferred judgment in adult court. With a consent decree the child is given a period of probation, usually six or twelve months, and if the child completes probation successfully, then the delinquent act will not appear on the child’s juvenile record.
After the dispositional hearing, the Court will schedule a review hearing. If the hearing is ex-parte, then only the judge will be present. If the hearing is an in-court review, then all parties must be present.
The review hearing is where the judge monitors the child’s progress and decides if more restrictive services need to be in place, or if the child is on his way to closing the case.
Once the judge determines that the child has successfully completed his probation, the case will be closed.