1. A child shall have the right to be represented by counsel at the following stages of the
proceedings within the jurisdiction of the juvenile court under subchapter II or subchapter
VIII:
a. From the time the child is taken into custody for any alleged delinquent act that
constitutes a serious or aggravated misdemeanor or felony under the Iowa criminal code,
and during any questioning thereafter by a peace officer or probation officer.
b. A detention or shelter care hearing as required by section 232.44.
c. A waiver hearing as required by section 232.45.
d. An adjudicatory hearing required by section 232.47.
e. A dispositional hearing as required by section 232.50.
f. Hearings to review and modify a dispositional order as required by section 232.54.
g. A hearing on a confidentiality order under section 232.149A or a public records order
under section 232.149B.
2. The child’s right to be represented by counsel under subsection 1, paragraphs “b”
through “f”, shall not be waived by a child of any age. The child’s right to be represented by
counsel under subsection 1, paragraph “a”, shall not be waived by a child less than sixteen
years of age without the written consent of the child’s parent, guardian, or custodian. The
waiver by a child who is at least sixteen years of age is valid only if a good faith effort
has been made to notify the child’s parent, guardian, or custodian that the child has been
taken into custody and of the alleged delinquent act for which the child has been taken into
custody, the location of the child, and the right of the parent, guardian, or custodian to visit
and confer with the child.
3. If the child is not represented by counsel as required under subsection 1, counsel shall
be provided as follows:
a. If the court determines, after giving the child’s parent, guardian, or custodian an
opportunity to be heard, that such person has the ability in whole or in part to pay for the
employment of counsel, it shall either order that person to retain an attorney to represent
the child or shall appoint counsel for the child and order the parent, guardian, or custodian
to pay for that counsel as provided in subsection 5.
b. If the court determines that the parent, guardian, or custodian cannot pay any part
of the expenses of counsel to represent the child, it shall appoint counsel, who shall be
reimbursed according to section 232.141, subsection 2, paragraph “b”.
c. The court may appoint counsel to represent the child and reserve the determination of
payment until the parent, guardian, or custodian has an opportunity to be heard.
4. If the child is represented by counsel and the court determines that there is a conflict of
interest between the child and the child’s parent, guardian, or custodian and that the retained\n\nTue Dec 09 22:21:32 2025 Iowa Code 2026, Chapter 232 (92, 1)
§232.11, JUVENILE JUSTICE 18\n\ncounsel could not properly represent the child as a result of the conflict, the court shall appoint
other counsel to represent the child and order the parent, guardian, or custodian to pay for
such counsel as provided in subsection 5.
5. If the court determines, after an inquiry which includes notice and reasonable
opportunity to be heard that the parent, guardian, or custodian has the ability to pay in
whole or in part for the attorney appointed for the child, the court may order that person to
pay such sums as the court finds appropriate in the manner and to whom the court directs.
If the person so ordered fails to comply with the order without good reason, the court shall
enter judgment against the person.
6. Nothing in this section shall be construed to prevent the child or the child’s parent,
guardian, or custodian from retaining counsel to represent the child in proceedings under this
subchapter II in which the alleged delinquent act constitutes a simple misdemeanor under the
Code.
[C24, 27, 31, 35, 39, §3631; C46, 50, 54, 58, 62, §232.15; C66, 71, 73, 75, 77, §232.28; C79,
81, §232.11; 82 Acts, ch 1209, §2]
90 Acts, ch 1168, §34; 2016 Acts, ch 1002, §1, 2, 17; 2020 Acts, ch 1062, §30, 94; 2021 Acts,
ch 80, §126; 2023 Acts, ch 19, §591
Referred to in §232.28, 232.37, 232.52, 815.9
\n
Notes of Decisions
Cited in
47
cases (
5 in the last 5 years), 1971–2024 · leading case:
State v. Hajtic, 724 N.W.2d 449 (Iowa 2006).
State v. Hajtic, 724 N.W.2d 449 (Iowa 2006).
· cites it 18× “See Iowa Code § 232.11 (2). The State argues that the mother’s consent to Hajtic’s waiver was not required because he was over sixteen.”
State v. Walker, 352 N.W.2d 239 (Iowa 1984).
· cites it 46× “" Iowa Code § 232.11 (2) (1983). Defendant contends that the state failed to show that the officers made a good faith effort to inform defendant's father of all four facts specified in the statute, and we agree.”
State v. Nelson, 435 N.W.2d 344 (Iowa 1989).
· cites it 38× “See Iowa Code § 232.11 (2) (1981). Section 232.”
State v. Harris, 589 N.W.2d 239 (Iowa 1999).
· cites it 16× “Iowa Code § 232.11 (2). Defendant was seventeen years of age.”
State v. Means, 547 N.W.2d 615 (Iowa Ct. App. 1996).
· cites it 20× “Iowa Code § 232.11 (2). In contrast, if the child is at least sixteen years of age, a waiver is valid without parental consent as long as police make a good faith effort to notify the parent, guardian or custodian the child has been taken into custody, of the alleged delinquent…”
State v. Terry, 569 N.W.2d 364 (Iowa 1997).
· cites it 8× “See Iowa Code § 232.11 (1995). We find the first claim without merit and the second claim not properly preserved for our review.”
In the Interest of J.A.N., 346 N.W.2d 495 (Iowa 1984).
· cites it 10× “Under section 232.11 Rocky’s statements, taken in the absence of counsel and without his parents’ consent, are inadmissible if he was “in custody.”
State v. Hallum, 585 N.W.2d 249 (Iowa 1998).
· cites it 4× “See Iowa Code § 232.11 (2) ("The waiver [of the right to be represented by counsel] by a child who is at least sixteen years of age is valid only if a good faith effort has been made to notify the child's parent, guardian, or custodian that the child has been taken into custody…”
In the Interest of S.C.S., 454 N.W.2d 810 (Iowa 1990).
· cites it 10× “Section 232.11(2) pertinently provides that a child’s right to be represented by counsel under section 232.”
State v. Newsom, 414 N.W.2d 354 (Iowa 1987).
· cites it 4× “Initially, the court overruled defendant’s federal and state constitutional claims, but suppressed a statement made before he had talked with his parents and grandparents because of a violation of *357 Iowa Code section 232.11 (1985). 1 At trial, a different judge presided, and…”
— Iowa Code § 232.11(1) — 7 cases
In the Interest of J.A.N., 346 N.W.2d 495 (Iowa 1984).
“Under section 232.11 Rocky’s statements, taken in the absence of counsel and without his parents’ consent, are inadmissible if he was “in custody.”
State v. Hajtic, 724 N.W.2d 449 (Iowa 2006).
“See Iowa Code § 232.11 (2). The State argues that the mother’s consent to Hajtic’s waiver was not required because he was over sixteen.”
— Iowa Code § 232.11(1)(a) — 2 cases
State v. Walker, 352 N.W.2d 239 (Iowa 1984).
“" Iowa Code § 232.11 (2) (1983). Defendant contends that the state failed to show that the officers made a good faith effort to inform defendant's father of all four facts specified in the statute, and we agree.”
State v. Nelson, 435 N.W.2d 344 (Iowa 1989).
“See Iowa Code § 232.11 (2) (1981). Section 232.”
— Iowa Code § 232.11(2) — 13 cases
State v. Walker, 352 N.W.2d 239 (Iowa 1984).
“" Iowa Code § 232.11 (2) (1983). Defendant contends that the state failed to show that the officers made a good faith effort to inform defendant's father of all four facts specified in the statute, and we agree.”
State v. Hajtic, 724 N.W.2d 449 (Iowa 2006).
“See Iowa Code § 232.11 (2). The State argues that the mother’s consent to Hajtic’s waiver was not required because he was over sixteen.”
State v. Nelson, 435 N.W.2d 344 (Iowa 1989).
“See Iowa Code § 232.11 (2) (1981). Section 232.”
State v. Harris, 589 N.W.2d 239 (Iowa 1999).
“Iowa Code § 232.11 (2). Defendant was seventeen years of age.”
State v. Means, 547 N.W.2d 615 (Iowa Ct. App. 1996).
“Iowa Code § 232.11 (2). In contrast, if the child is at least sixteen years of age, a waiver is valid without parental consent as long as police make a good faith effort to notify the parent, guardian or custodian the child has been taken into custody, of the alleged delinquent…”
— Iowa Code § 232.11(3Xb) — 1 case
— Iowa Code § 232.11(4) — 1 case
— Iowa Code § 232.11(l)(a) — 3 cases
In the Interest of S.C.S., 454 N.W.2d 810 (Iowa 1990).
“Section 232.11(2) pertinently provides that a child’s right to be represented by counsel under section 232.”
In the Interest of J.A.N., 346 N.W.2d 495 (Iowa 1984).
“Under section 232.11 Rocky’s statements, taken in the absence of counsel and without his parents’ consent, are inadmissible if he was “in custody.”
State v. Walker, 352 N.W.2d 239 (Iowa 1984).
“" Iowa Code § 232.11 (2) (1983). Defendant contends that the state failed to show that the officers made a good faith effort to inform defendant's father of all four facts specified in the statute, and we agree.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.