1. a. 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 proceedings on motion of the county
attorney or the child’s counsel, enter a consent decree, and continue the case under terms
and conditions established by the court. These terms and conditions may include any of the
following:
(1) Prohibiting the child from driving a motor vehicle for a specified period of time or
under specific circumstances. The court shall notify the department of transportation of an
order prohibiting the child from driving.
(2) Supervision of the child by a juvenile court officer or other agency or person
designated by the court.
(3) The performance of a work assignment of value to the state or to the public.
(4) Making restitution consisting of a monetary payment to the victim or a work
assignment directly of value to the victim.
(5) Placement of the child in a group or family foster care setting, if the court makes a
determination that such a placement is the least restrictive option.
(6) Placement of the child in a supervised apartment living arrangement if the child has
previously and continuously lived in a qualified residential treatment program, a shelter, or
a combination of both, for a period of not less than six months immediately preceding the
determination for placement in a supervised apartment living arrangement, and the child is
lacking family support needed to successfully transition to independent living.
b. A child’s need for shelter placement or for inpatient mental health or substance use
disorder treatment does not preclude entry or continued execution of a consent decree.
2. A consent decree entered regarding a child placed in detention under section 232.22,
subsection 1, paragraph “g”, shall require the child to attend a batterers’ treatment program
under section 708.2B. The second time the child fails to attend the batterers’ treatment as
required by the consent decree shall result in the decree being vacated and proceedings
commenced under section 232.47.\n\nTue Dec 09 22:21:32 2025 Iowa Code 2026, Chapter 232 (92, 1)
§232.46, JUVENILE JUSTICE 34\n\n 3. A consent decree shall not be entered unless the child and the child’s parent, guardian,
or custodian are informed of the consequences of the decree by the court and the court
determines that the child has voluntarily and intelligently agreed to the terms and conditions
of the decree. If the county attorney objects to the entry of a consent decree, the court shall
proceed to determine the appropriateness of entering a consent decree after consideration of
any objections or reasons for entering such a decree.
4. A consent decree shall remain in force for up to one year unless the child is sooner
discharged by the court or by the juvenile court officer or other agency or person supervising
the child. Upon application of a juvenile court officer or other agency or person supervising
the child made prior to the expiration of the decree and after notice and hearing, or upon
agreement by the parties, a consent decree may be extended for up to an additional year by
order of the court.
5. When a child has complied with the express terms and conditions of the consent decree
for the required amount of time or until earlier dismissed as provided in subsection 4, the
original petition may not be reinstated. However, failure to so comply may result in the child’s
being thereafter held accountable as if the consent decree had never been entered.
6. A child who is discharged or who completes a period of continuance without the
reinstatement of the original petition shall not be proceeded against in any court for a
delinquent act alleged in the petition.
[C79, 81, §232.46; 82 Acts, ch 1209, §11]
83 Acts, ch 186, §10055, 10201; 94 Acts, ch 1172, §19; 95 Acts, ch 180, §5; 2008 Acts, ch
1187, §132; 2014 Acts, ch 1141, §74; 2015 Acts, ch 30, §76, 77; 2023 Acts, ch 19, §600, 601;
2023 Acts, ch 64, §32; 2025 Acts, ch 13, §1
Referred to in §232.9, 234.35
Juvenile victim restitution and rights, see chapter 232A and §915.24 – 915.29
Subsection 1, paragraph a, NEW subparagraph (6)
\n
Notes of Decisions
In the Interest of Rousselow, 341 N.W.2d 760 (Iowa 1983).
· cites it 62× “Iowa Code § 232.46 (4). The result of a successful probation under a consent decree would be that the case be dismissed without an adjudication of delinquency against the child.”
In the Interest of M.L., Minor Child, M.L., Minor Child, 868 N.W.2d 456 (Iowa Ct. App. 2015).
· cites it 17× “The relevant statutory provision states in pertinent part: 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 proceedings on motion of the county attorney or the child’s counsel, enter a…”
Orcutt v. State, 173 N.W.2d 66 (Iowa 1969).
· cites it 20× “" Section 232.46 which was not amended by the Acts of the Sixty-second General Assembly provides: "Degree of proof required "The court's finding with respect to grounds for termination shall be based upon a preponderance of evidence * * *.”
In the Interest of Matzen, 305 N.W.2d 479 (Iowa 1981).
· cites it 12× “May 14, 1980, the juvenile filed a motion pursuant to section 232.46, The Code, requesting “that the delinquency proceedings be suspended and that she be placed on probation pursuant to a Consent Decree.”
State v. Terry, 569 N.W.2d 364 (Iowa 1997).
· cites it 6× “Iowa Code § 232.46 (1). In placing the burden on the juvenile to show the appropriateness of the proposed consent decree, this court in Matzen said: We are convinced the burden is on the juvenile to show the appropriateness of his or her proposed consent decree.”
Harter v. State, 149 N.W.2d 827 (Iowa 1967).
· cites it 9× “Section 232.46, Code of Iowa 1966, provides: “The court’s finding with respect to grounds for termination shall be based upon a preponderance of evidence under the rules applicable to the trial of civil cases, provided that relevant and material information of any nature…”
People Ex Rel. Devine v. Stralka, 877 N.E.2d 416 (Ill. 2007).
· cites it 2× “2d 760 (Iowa 1983) (interpreting Iowa Code § 232.46 ); Fla. Stat. § 985.35 (2007); Mass.”
In the Interest of Long, 313 N.W.2d 473 (Iowa 1981).
· cites it 2× “Those sections permitted the juvenile court to admit and rely upon to the extent of its probative value relevant and material information of any nature, including that contained in reports, studies or examinations.”
In Re Delaney, 185 N.W.2d 726 (Iowa 1971).
· cites it 4× “"We find nothing unconstitutional in the evidentiary rules set forth in section 232.46. The provisions of chapter 232 seek to retain the advantages of an informal hearing in juvenile court while providing safeguards which will guarantee each party his or her fundamental rights…”
Long v. Long, 255 N.W.2d 140 (Iowa 1977).
· cites it 2× “Finally, regardless of Code § 232.46, petitioner must have established a factual basis for termination of parental rights by clear and convincing evidence.”
— Iowa Code § 232.46(1) — 5 cases
In the Interest of Rousselow, 341 N.W.2d 760 (Iowa 1983).
“Iowa Code § 232.46 (4). The result of a successful probation under a consent decree would be that the case be dismissed without an adjudication of delinquency against the child.”
State v. Terry, 569 N.W.2d 364 (Iowa 1997).
“Iowa Code § 232.46 (1). In placing the burden on the juvenile to show the appropriateness of the proposed consent decree, this court in Matzen said: We are convinced the burden is on the juvenile to show the appropriateness of his or her proposed consent decree.”
— Iowa Code § 232.46(1)(a) — 2 cases
— Iowa Code § 232.46(1)(a)(5) — 1 case
— Iowa Code § 232.46(2) — 1 case
In the Interest of Rousselow, 341 N.W.2d 760 (Iowa 1983).
“Iowa Code § 232.46 (4). The result of a successful probation under a consent decree would be that the case be dismissed without an adjudication of delinquency against the child.”
— Iowa Code § 232.46(3) — 3 cases
— Iowa Code § 232.46(4) — 3 cases
— Iowa Code § 232.46(5) — 5 cases
In the Interest of M.L., Minor Child, M.L., Minor Child, 868 N.W.2d 456 (Iowa Ct. App. 2015).
“The relevant statutory provision states in pertinent part: 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 proceedings on motion of the county attorney or the child’s counsel, enter a…”
In Re Cgb, 643 N.W.2d 208 (Iowa Ct. App. 2002).
— Iowa Code § 232.46(6) — 2 cases
In Re Cgb, 643 N.W.2d 208 (Iowa Ct. App. 2002).
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.