1. A formal judicial proceeding to determine whether a child has committed a delinquent
act shall be initiated by the filing by the county attorney of a petition alleging that a child has
committed a delinquent act. After a petition has been filed, service of a summons requiring
the child to appear before the court or service of a notice shall be made as provided in section
232.37.
2. If the intake officer determines that a complaint is legally sufficient for the filing of a
petition alleging that a child has committed a delinquent act and that the filing of a petition
would be in the best interests of the child and the community, the officer shall submit a written
request for the filing of a petition to the county attorney. The county attorney may grant or
deny the request of the intake officer for the filing of a petition. A determination by the county
attorney that a petition should not be filed shall be final.
3. If the intake officer determines that a complaint is not legally sufficient for the filing
of a petition or that the filing of a petition would not be in the best interests of the child and
the community, the officer shall notify the complainant of the officer’s determination and the
reasons for such determination, and shall advise the complainant that the complainant may
submit the complaint to the county attorney for review. Upon receiving a request for review,
the county attorney shall consider the facts presented by the complainant, consult with the
intake officer and make the final determination as to whether a petition should be filed. In the
absence of a request by the complainant for a review of the intake officer’s determination that
a petition should not be filed, the officer’s determination shall be final, and the intake officer
shall inform the county attorney of this decision concerning complaints involving allegations
of acts which, if committed by an adult, would constitute an aggravated misdemeanor or a
felony.
[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, §232.35]
92 Acts, ch 1231, §16; 2003 Acts, ch 151, §4
Referred to in §232.28, 331.653, 692.1, 692.8, 692.15\n\nTue Dec 09 22:21:32 2025 Iowa Code 2026, Chapter 232 (92, 1)
§232.36, JUVENILE JUSTICE 26\n\n 232.36 Contents of petition.
1. The petition and subsequent court documents shall be entitled as follows:
In the interests of ...................., a child.
2. The petition shall be verified and any statements in the petition may be made upon
information and belief.
3. The petition shall set forth plainly:
a. The name, age, and residence of the child who is the subject of the petition.
b. The names and residences of any:
(1) Living parent of the child.
(2) Guardian of the child.
(3) Custodian of the child.
(4) Guardian ad litem.
c. With reasonable particularity, the time, place and manner of the delinquent act alleged
and the penal law allegedly violated by such act.
4. If any of the facts required under subsection 3, paragraphs “a” and “b” are not known
by the petitioner, the petition shall so state.
5. The petition shall set forth plainly the nearest known relative of the child if no parent
or guardian can be found.
[SS15, §254-a15; C24, 27, 31, 35, 39, §3621, 3622; C46, 50, 54, 58, 62, §232.5, 232.6; C66,
71, 73, 75, 77, §232.3; C79, 81, §232.36]
2019 Acts, ch 24, §24; 2025 Acts, ch 86, §58
Referred to in §232.87
Subsection 3, paragraph b, subparagraph (3) amended
\n
Notes of Decisions
State of Iowa v. Iowa Dist. Court for Warren Cnty., 828 N.W.2d 607 (Iowa 2013).
· cites it 6× “The “consent decree,” however, provides a way for those proceedings to be suspended short of an adjudication of delinquency: At any time after the filing of a petition and prior to entry of an order of adjudication pursuant to section 232.47, the court may suspend the…”
In the Interest of G.J.A., 547 N.W.2d 3 (Iowa 1996).
· cites it 2× “See Iowa Code § 232.35 . A consent decree was entered indicating G.”
Wilson v. Coughlin, 147 N.W.2d 175 (Iowa 1966).
· cites it 4× “Section 232.35 provides: "Commitment to the state board of control shall vest guardianship of the person of the child so committed in the *179 board and shall terminate the court's jurisdiction.”
In the Interest of E.P., 478 N.W.2d 402 (Iowa 1991).
· cites it 4× “Formal petitions alleging delinquency were filed on September 6, 1990, pursuant to Iowa Code section 232.35. This was fifty-eight days after their house arrest.”
In the Interest of C.T.F., 316 N.W.2d 865 (Iowa 1982).
“The juvenile maintains that the filing of a petition charging a juvenile with commission of a delinquent act, see § 232.35, The Code, is tantamount to filing an indictment or trial information in a criminal prosecution.”
In the Interest of Matzen, 305 N.W.2d 479 (Iowa 1981).
“§ 232.35(2), The Code. The State argues that if the child moves to reverse these decisions and reviews, he or she should carry the burden to show the appropriateness of the consent decree.”
State v. Nelson, 435 N.W.2d 344 (Iowa 1989).
· cites it 2× “Iowa Code §§ 232.35 , 232.36. Jurisdiction in the matter was waived by the juvenile court.”
Flowers v. Haugh, 207 N.W.2d 766 (Iowa 1973).
· cites it 2× “§ 232.35, The Code, 1973. The effect of commitment under our juvenile code is not to incarcerate as under a criminal sentence but to change the child’s status.”
In the Interest of Kelly, 236 N.W.2d 50 (Iowa 1975).
“” Then § 232.35 provides, “Commitment to the state director shall vest guardianship of the person of the child so committed in the state director and shall terminate the court’s jurisdiction.”
Burns v. Siebenmann, 266 N.W.2d 11 (Iowa 1978).
“§ 232.35, The Code. Thus a juvenile court loses jurisdiction of the child when it commits him under § 232.”
In Re Zs, 776 N.W.2d 290 (Iowa 2009).
· cites it 2× “Iowa Code § 232.35 . Discretion is even contemplated during the course of an adjudicatory hearing.”
— Iowa Code § 232.35(1)(e) — 1 case
State of Iowa v. Iowa Dist. Court for Warren Cnty., 828 N.W.2d 607 (Iowa 2013).
“The “consent decree,” however, provides a way for those proceedings to be suspended short of an adjudication of delinquency: At any time after the filing of a petition and prior to entry of an order of adjudication pursuant to section 232.47, the court may suspend the…”
— Iowa Code § 232.35(2) — 1 case
In the Interest of Matzen, 305 N.W.2d 479 (Iowa 1981).
“§ 232.35(2), The Code. The State argues that if the child moves to reverse these decisions and reviews, he or she should carry the burden to show the appropriateness of the consent decree.”
— Iowa Code § 232.35(l)(e) — 1 case
State of Iowa v. Iowa Dist. Court for Warren Cnty., 828 N.W.2d 607 (Iowa 2013).
“The “consent decree,” however, provides a way for those proceedings to be suspended short of an adjudication of delinquency: At any time after the filing of a petition and prior to entry of an order of adjudication pursuant to section 232.47, the court may suspend the…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.