1. If a child denies the allegations of the petition, that child may be found to be delinquent
only after an adjudicatory hearing conducted in accordance with the provisions of this section.
2. The court shall hear and adjudicate all cases involving a petition alleging a child to have
committed a delinquent act.
3. The child shall have the right to adjudication by an impartial finder of fact. A judge of
the juvenile court may not serve as the finder of fact over objection of the child based upon
a showing of prejudice on the part of the judge. In the event that a judge is disqualified from
serving as a finder of fact under this provision, a substitute judge shall serve as the finder of
fact.
4. At an adjudicatory hearing the state shall have the burden of proving the allegations of
the petition.
5. Only evidence which is admissible under the rules of evidence applicable to the trial of
criminal cases shall be admitted at the hearing except as otherwise provided by this section.
6. Statements or other evidence derived directly or indirectly from statements which a
child makes to a law enforcement officer while in custody without presence of counsel may
be admitted into evidence at an adjudicatory hearing over the child’s objection only after
the court determines whether the child has voluntarily waived the right to remain silent.
In making its determination the court may consider any factors it finds relevant and shall
consider the following factors:
a. Opportunity for the child to consult with a parent, guardian, custodian, lawyer or other
adult.
b. The age of the child.
c. The child’s level of education.
d. The child’s level of intelligence.
e. Whether the child was advised of the child’s constitutional rights.
f. Length of time the child was held in shelter care or detention before making the
statement in question.
g. The nature of the questioning which elicited the statement.\n\nTue Dec 09 22:21:32 2025 Iowa Code 2026, Chapter 232 (92, 1)
35 JUVENILE JUSTICE, §232.48\n\n h. Whether physical punishment such as deprivation of food or sleep was used upon the
child during the shelter care, detention, or questioning.
7. The following statements or other evidence shall not be admitted as evidence in chief
at an adjudicatory hearing:
a. Statements or other evidence derived directly or indirectly from statements which a
child makes to a juvenile intake officer without the presence of counsel subsequent to the
filing of a complaint and prior to adjudication unless the child and the child’s attorney consent
to the admission of such statements or evidence.
b. Statements which the child makes to a juvenile probation officer or other person
conducting a predisposition investigation during such an investigation.
8. At the conclusion of an adjudicatory hearing, the court shall make a finding as to
whether the child has committed a delinquent act. The court shall make and file written
findings as to the truth of the specific allegations of the petition and as to whether the child
has engaged in delinquent conduct.
9. If the court finds that the child did not engage in delinquent conduct, the court shall
enter an order dismissing the petition.
10. If the court finds that the child did engage in delinquent conduct, the court may
enter an order adjudicating the child to have committed a delinquent act. The child shall be
presumed to be innocent of the charges and no finding that a child has engaged in delinquent
conduct may be made unless the state has proved beyond a reasonable doubt that the child
engaged in such behavior.
11. If the court enters an order adjudicating the child to have committed a delinquent act,
the court may issue an order authorizing either shelter care or detention until the dispositional
hearing is held.
12. A juvenile court officer shall notify the superintendent of the school district or the
superintendent’s designee, or the authorities in charge of the nonpublic school which the
child attends of the child’s adjudication for a delinquent act which would be an indictable
offense if committed by an adult.
[C66, 71, 73, 75, 77, §232.31; C79, 81, §232.47]
94 Acts, ch 1172, §20
Referred to in §232.8, 232.9, 232.11, 232.46, 232.48, 232.49, 232.50, 232.133, 232.147
\n
Notes of Decisions
In the Interest of Rousselow, 341 N.W.2d 760 (Iowa 1983).
· cites it 34× “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…”
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 M.L., Minor Child, M.L., Minor Child, 868 N.W.2d 456 (Iowa Ct. App. 2015).
· cites it 12× “46 (2013) on a pending delinquency petition for intimidation with a dangerous weapon by threats and suspended the proceedings, his counsel was ineffective in allowing him to be adjudicated for harassment in the first degree under section 232.47 in the same case. Because we agree…”
In the Interest of A.K., Minor Child A.K., Minor Child, 825 N.W.2d 46 (Iowa 2013).
· cites it 4× “The State argues that our de novo standard of review of the sufficiency of the evidence for juvenile adjudications is inappropriate and unwarranted by Iowa Code chapter 232.”
In the Interest of Dugan, 334 N.W.2d 300 (Iowa 1983).
· cites it 12× “1981), the parties say that rule 20(3) is a rule of evidence and therefore is applicable to juvenile delinquency proceedings by virtue of Iowa Code section 232.47(5). Section 232.47(5) provides: Only evidence which is admissible under the rules of evidence applicable to the…”
In the Interest of J.D.S., 436 N.W.2d 342 (Iowa 1989).
· cites it 8× “Sufficiency of Evidence. Jay contends the evidence adduced by the State was insufficient to show beyond a reasonable doubt he performed a delinquent act, as required by Iowa Code section 232.”
In the Interest of J.A.N., 346 N.W.2d 495 (Iowa 1984).
· cites it 6× “Section 232.47(6) appears to provide that failure to adhere to the requirements of section 232.”
In the Interest of C.L.C., 798 N.W.2d 329 (Iowa Ct. App. 2011).
· cites it 4× “See Iowa Code § 232.47 (3); Iowa Code of Judicial Conduct 51:1.”
In the Interest of D.L.C., 464 N.W.2d 881 (Iowa 1991).
· cites it 4× “*883 Iowa Code § 232.47 (4). The child is presumed to be innocent of the charges, and no finding that the child has engaged in delinquent conduct may be made unless the State has proved beyond a reasonable doubt that the child engaged in such behavior.”
— Iowa Code § 232.47(10) — 8 cases
In the Interest of Rousselow, 341 N.W.2d 760 (Iowa 1983).
“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…”
In the Interest of J.D.S., 436 N.W.2d 342 (Iowa 1989).
“Sufficiency of Evidence. Jay contends the evidence adduced by the State was insufficient to show beyond a reasonable doubt he performed a delinquent act, as required by Iowa Code section 232.”
— Iowa Code § 232.47(3) — 1 case
In the Interest of C.L.C., 798 N.W.2d 329 (Iowa Ct. App. 2011).
“See Iowa Code § 232.47 (3); Iowa Code of Judicial Conduct 51:1.”
— Iowa Code § 232.47(5) — 3 cases
In the Interest of Dugan, 334 N.W.2d 300 (Iowa 1983).
“1981), the parties say that rule 20(3) is a rule of evidence and therefore is applicable to juvenile delinquency proceedings by virtue of Iowa Code section 232.47(5). Section 232.47(5) provides: Only evidence which is admissible under the rules of evidence applicable to the…”
— Iowa Code § 232.47(6) — 3 cases
In the Interest of J.A.N., 346 N.W.2d 495 (Iowa 1984).
“Section 232.47(6) appears to provide that failure to adhere to the requirements of section 232.”
— Iowa Code § 232.47(8) — 3 cases
In the Interest of J.D.S., 436 N.W.2d 342 (Iowa 1989).
“Sufficiency of Evidence. Jay contends the evidence adduced by the State was insufficient to show beyond a reasonable doubt he performed a delinquent act, as required by Iowa Code section 232.”
— Iowa Code § 232.47(9) — 1 case
In the Interest of Dugan, 334 N.W.2d 300 (Iowa 1983).
“1981), the parties say that rule 20(3) is a rule of evidence and therefore is applicable to juvenile delinquency proceedings by virtue of Iowa Code section 232.47(5). Section 232.47(5) provides: Only evidence which is admissible under the rules of evidence applicable to the…”
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.