Iowa Code

Iowa Code § 232.28 (2026)

Intake

✓ current as of July 2026

Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

1. Any person having knowledge of the facts may file a complaint with the court or its designee alleging that a child has committed a delinquent act. A written record shall be maintained of any oral complaint received.

2. The court or its designee shall refer the complaint to an intake officer who shall consult with law enforcement authorities having knowledge of the facts and conduct a preliminary inquiry to determine what action should be taken.

3. In the course of a preliminary inquiry, the intake officer may:

a. Interview the complainant, victim, or witnesses of the alleged delinquent act.

b. Check existing records of the court, law enforcement agencies, public records of other agencies, and child abuse records as provided in section 235A.15, subsection 2, paragraph “e”.

c. Hold conferences with the child and the child’s parent or parents, guardian, or custodian for the purpose of interviewing them and discussing the disposition of the complaint in accordance with the requirements set forth in subsection 8.

d. Examine any physical evidence pertinent to the complaint.

e. Interview such persons as are necessary to determine whether the filing of a petition would be in the best interests of the child and the community as provided in section 232.35, subsections 2 and 3.

4. Any additional inquiries may be made only with the consent of the child and the child’s parent or parents, guardian, or custodian.

5. Participation of the child and the child’s parent or parents, guardian, or custodian in a conference with an intake officer shall be voluntary, and they shall have the right to refuse to participate in such conference. At such conference the child shall have the right to the assistance of counsel in accordance with section 232.11 and the right to remain silent when questioned by the intake officer. \n Tue Dec 09 22:21:32 2025 Iowa Code 2026, Chapter 232 (92, 1) §232.28, JUVENILE JUSTICE 24\n\n 6. The intake officer, after consultation with the county attorney when necessary, shall determine whether the complaint is legally sufficient for the filing of a petition. A complaint shall be deemed legally sufficient for the filing of a petition if the facts as alleged are sufficient to establish the jurisdiction of the court and probable cause to believe that the child has committed a delinquent act. If the intake officer determines that the complaint is legally sufficient to support the filing of a petition, the officer shall determine whether the interests of the child and the public will best be served by the dismissal of the complaint, the informal adjustment of the complaint, or the filing of a petition.

7. If the intake officer determines that the complaint is not legally sufficient for the filing of a petition or that further proceedings are not in the best interests of the child or the public, the intake officer shall dismiss the complaint.

8. If the intake officer determines that the complaint is legally sufficient for the filing of a petition and that an informal adjustment of the complaint is in the best interests of the child and the community, the officer may make an informal adjustment of the complaint in accordance with section 232.29.

9. If the intake officer determines that the complaint is legally sufficient for the filing of a petition and that the filing of a petition is in the best interests of the child and the public, the officer shall request the county attorney to file a petition in accordance with section 232.35. [SS15, §254-a15; C24, 27, 31, 35, 39, §3621; C46, 50, 54, 58, 62, §232.5; C66, 71, 73, 75, 77, §232.3; C79, 81, §232.28; 82 Acts, ch 1209, §6, 7] 88 Acts, ch 1134, §50; 95 Acts, ch 191, §10; 96 Acts, ch 1110, §1; 97 Acts, ch 126, §16, 17; 98 Acts, ch 1090, §61, 84; 2013 Acts, ch 42, §3; 2023 Acts, ch 19, §594 Referred to in §232.147, 235A.15, 915.26 \n

Notes of Decisions

Cited in 23 cases, 1967–2016 · leading case: Orcutt v. State, 173 N.W.2d 66 (Iowa 1969).

Sort: Relevance Newest Treatment

Orcutt v. State, 173 N.W.2d 66 (Iowa 1969). · cites it 12× “Code section 232.28, basis of her first proposition, provides: "The child, parents, guardian, or custodian shall have the right to legal counsel.”

Chambers v. Dist. Court of Dubuque Cnty., 152 N.W.2d 818 (Iowa 1967). · cites it 10× “Riley, an attorney of Dubuque, was appointed to represent her at the hearing under the authority of section 232.28, Iowa Code 1966. The hearing was officially reported as required by section 232.”

In the Interest of Hewitt, 272 N.W.2d 852 (Iowa 1978). · cites it 8× “The summons shall recite briefly the substance of the petition or shall have attached a copy of the petition and shall give notification of the right to counsel provided for in section 232.28 and of the right to request the court to appoint counsel.”

Dole v. Harstad, 278 N.W.2d 907 (Iowa 1979). · cites it 10× “§ 232.28. No financial statement was filed by Richard or his parents pursuant to section 336B.”

In the Interest of Johnson, 257 N.W.2d 47 (Iowa 1977). · cites it 4× “Additionally, the juvenile has a right to counsel, In re Henderson, supra ; section 232.28; he also has the right to confront and cross-examine adverse witnesses.”

State v. Henderson, 199 N.W.2d 111 (Iowa 1972). · cites it 6× “Separate counsel was appointed to represent the child as provided by section 232.28, The Code. In this appeal the child's counsel joined with the State, signed the same brief, and joined in State's argument.”

Loeffelholz v. State, 162 N.W.2d 415 (Iowa 1968). · cites it 6× “Appellant has assigned as errors that (1) the court erred in terminating the parental relationship between Betsy and Timothy and their mother under the facts revealed by the record, and (2) the authorities failed to carry out the provisions of chapter 232 of the Code as…”

State v. Sullins, 509 N.W.2d 483 (Iowa 1993). · cites it 2× “Among the duties a juvenile court officer may perform under chapter 232 are: (1) serve as an intake officer ( Iowa Code §§ 232.28 ; 232.2(25)) (while serving this function the intake officer may interview the complainant, check records, hold conferences, examine physical…”

Reist v. Bay Circuit Judge, 241 N.W.2d 55 (Mich. 1976). “1 (1971); Idaho Code § 16-1631 (Supp 1975); Iowa Code Ann § 232.28 (1969); Kan Stat Ann § 38-820 (1973); Minn Stat Ann § 260.”

In Re Delaney, 185 N.W.2d 726 (Iowa 1971). · cites it 2× “Code section 232.28. A detailed narration of the facts leading to the filing of this petition would serve no useful purpose other than perhaps convince the reader the trial court was faced with a difficult problem.”

Hilary Davis, Individually & on Behalf of All Others Similarly Situated v. William J. Page, Jr., Etc., Circuit Judges Dixie Herlong Chastain, Etc., 618 F.2d 374 (5th Cir. 1980). “Code § 34-1-1-3 (1973); Iowa Code § 232.28 (1969); Me.Rev.Stat. tit.”

In the Interest of Meek, 236 N.W.2d 284 (Iowa 1975). · cites it 2× “36, like the February hearing in this case, would include: (1) written notice to the child of the allegations upon which a change in disposition will be considered, (2) disclosure to the child of the evidence supporting those allegations, (3) an opportunity of the child to be…”

Show all 23 citing cases →

— Iowa Code § 232.28(2) — 1 case

In the Interest of M.H., R.H., L.H., & C.H., Minor Child., D.H., Mother, R.H., Father, 877 N.W.2d 139 (Iowa Ct. App. 2016).

— Iowa Code § 232.28(9) — 1 case

In the Interest of Matzen, 305 N.W.2d 479 (Iowa 1981).

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.