Juvenile Court Definitions

ADJUDICATION HEARING: The juvenile court proceeding to determine if the state can prove the allegations of the delinquency petition beyond a reasonable doubt. 

ADJUDICATION OF DELINQUENCY: If a child is found to have committed a delinquent act, they may be labeled an "adjudicated delinquent" by the court. This is the juvenile court equivalent of a conviction. 

CASE PERMANENCY PLAN: The Case Permanency Plan is prepared by a social worker from the Iowa Department of Health and Human Services as a guide to the involved parties (typically parents) about what is expected from them. The plan should detail the various services that the department worker feels will aid the family to achieve the desired outcome, which in cases involving children in and out of home care, is family reunification. The court will review this plan at the disposition hearing and usually adopt the plan and order that the parties comply with the plan of services. 

CHILD IN NEED OF ASSISTANCE (CINA): The court can adjudicate a child in need of assistance if the child meets the criteria set out in Iowa Code Section 232.96A and is determined to be in need of the court’s aid. Some of the more common reasons a child is found to be CINA include physical abuse; sexual abuse; failure of a parent or custodian to properly supervise a child; parental substance abuse; parental mental health problems; exposure of the child to illegal drugs as a result of the acts or omissions of the child’s parent(s).

CINA ADJUDICATION HEARING: A child can only be found in need of assistance after the filing of a CINA petition and after a trial or hearing on the petition. At the hearing the parents, the child, and the state are all entitled to representation by an attorney. If a parent cannot afford to hire an attorney, they may apply for court appointed counsel. An attorney can be appointed for the parent subject to the filing of a financial affidavit. A finding by the judge that a Child is in Need of the Court’s Assistance must be made by “clear and convincing” evidence.

CINA DISPOSITION HEARING: Following an adjudication hearing, the court will schedule a disposition hearing to determine what assistance the child and family need to assist them in alleviating the problems that brought them to the court’s attention. Most commonly these services include substance use disorder evaluation and treatment for parent(s), mental health evaluation and treatment for parent(s) and child(ren). Following a disposition hearing the court will schedule a review hearing at least every six months, but likely more frequently, if a child is in out of home care.

DELINQUENT ACT: The violation of any state law or local ordinance which would constitute a public offense if committed by an adult except any offense which by law is exempted from the jurisdiction of the juvenile court.

DETENTION: The temporary care of a child in a physically restricting facility designed to ensure the continued custody of the child at any point between the child’s initial contact with the juvenile authorities and the final disposition of the child’s case.  A child may be held in secure detention if there is probable cause to believe he or she has committed a delinquent act and if released, the child would pose a serious risk to inflict serious harm on another or pose a serious risk to the property of others. The court may also order detention of a child if it is unlikely that he or she will appear for future court hearings. See Detention hearing below.

DETENTION HEARING: A hearing which is held to determine if a child meets the criteria set out in the code for continued detention.

DISPOSITION HEARING - DELINQUENCY: The proceeding following an adjudication hearing at which the court determines the appropriate interventions and services necessary to address the behaviors that brought the child to the attention of the juvenile court. The legislature mandates the court enter the "least restrictive" but "most appropriate" disposition of a delinquent's case to meet the child's needs. 

EXEMPTED OR EXCLUDED OFFENSES INCLUDE: Simple misdemeanor traffic violations; hunting, fishing, trapping and gaming offenses and possession of tobacco offenses are all exempted from the jurisdiction of juvenile court. Certain serious offenses are also excluded from juvenile court jurisdiction if the accused is 16 or 17 years of age. These offenses include all forcible felonies (murder, sexual abuse, robbery, arson and kidnapping are examples of forcible felonies); all felony weapons offenses; gang participation offenses involving the use of a weapon and felony drug offenses involving the use of a firearm. Original jurisdiction for all of the above public offenses lies with the Criminal Division of the District Court.

FOSTER CARE: The Juvenile Court may order the temporary placement of a Child in Need of Assistance into foster care. 

GROUP OR RESIDENTIAL PLACEMENT: One option available to a juvenile judge at the time of the disposition hearing is to order group or residential placement for a delinquent child. These programs vary greatly in scope and purpose. Some programs focus on behavior modification while others are more narrowly focused on problems such as substance abuse treatment. The length of time in placement depends upon the program and the child’s progress in the program. Iowa law requires parents to defray the cost of most of these programs based upon their ability to pay.

JUVENILE COURT OFFICER: A person appointed by the court to discharge the duties of a juvenile court officer as defined in the Iowa code. Typically these duties include the intake and screening of all delinquent referrals made to the juvenile court by law enforcement and the supervision of children who have been found by the court to have committed delinquent acts.

POLK COUNTY JUVENILE DETENTION: Located at 1548 Hull Ave. in Des Moines. It has a current capacity for 70 youth.

REMOVAL: A child who is allegedly in need of assistance may be removed and placed in temporary foster care upon a determination that the child would be in "imminent danger" if left in the care of the parent or custodian. The finding of "imminent danger" must be made to the judge's satisfaction by substantial evidence. 

TERMINATION OF PARENTAL RIGHTS: Process, usually initiated by the County Attorney on behalf of the State, by which a parent’s rights to a child can be permanently terminated and the child placed for adoption. This can happen as soon as the child has been in foster care for six months and must be initiated by the fifteen-month mark unless “compelling reasons” exist not to do so. Families who have lost other children by way of termination can have this process begun even earlier if they have a history of failing to cooperate with services.

WAIVER TO ADULT COURT: Process by which a case filed in juvenile court can be transferred to the adult criminal court for prosecution. A hearing is held after the filing of a motion (usually by the county attorney) to determine: 1) that the child is fourteen years of age or older; 2) that there is probable cause to believe the child has committed the delinquent act charged; 3) that there are no reasonable prospects to rehabilitate the child in juvenile court given the circumstances of the crime charged, the child’s age and past contacts with the juvenile system; and 4) that waiver of the juvenile court’s jurisdiction is in the best interest of the community and the child.