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Delinquency
Services Summary
Combination
State:
With the exception of secure detention, the state administers
most delinquency services for youth in Iowa. However, responsibility
is divided between the state judicial and state executive
branches. County executive agencies or multi-county regional
commissions administer secure detention. The Iowa Judicial
Branch's Juvenile Court Services administers detention screening,
delinquency intake screening, diversion, predisposition investigation,
probation supervision, and aftercare services through eight
judicial districts. Practices in the districts vary and have
a strong local flavor. The Department of Human Services administers
the juvenile corrections continuum.
Court(s)
with Delinquency Jurisdiction
Juvenile Courts, located within District Courts, exercise
jurisdiction over delinquency proceedings and are limited
jurisdiction trial courts. District Court judges can also
hear juvenile cases if the chief judge assigns the case. Iowa
is divided into eight judicial districts. For more information,
read the Iowa Judicial Branch's overview
of its juvenile court system.
Highlights
Accountable
Government Act
In response to a series of revenue shortfalls, Governor Thomas
Vilsack enacted the Accountable
Government Act, which reduced the state’s budget
by $128 million and redesigned government services. The 2001
bill transformed the child welfare and juvenile justice systems
into performance-based systems with outcomes that include
accountability, rehabilitation, and public safety. The bill
cuts $10 million from the Department of Human Services and
requires it to reduce paperwork. For more information, visit
the Iowa Reinvention
Partnership web site.
Detention
Iowa has 10 secure detention facilities, which county executives
or multi-county regional commissions administer. Local funds
pay for juvenile detention centers, and most of the costs
of housing juveniles in detention are primarily locally supported;
however, the state reimburses counties for a small portion
of juvenile detention center costs.
Youth
that commit any delinquent act may be held in a juvenile detention
facility. Iowa Code Section 232.22
outlines the criteria for detention, including whether the
juvenile is wanted on a warrant in another jurisdiction; is
an escapee; may runaway; or poses a risk to others and property.
Youth
may be held in detention while awaiting adjudication or disposition
and pending placement in a residential facility or pending
a hearing for probation violations. Iowa Code Section 232.52
allows the court to sentence a juvenile to detention for up
to two days at a time. Iowa uses secure detention as a sanction
for probation violations.
Detention
hearings must be held within 24 hours, excluding weekends
and legal holidays, and a review hearing every 7 days thereafter.
Adjudicatory hearings must be held within 15 days, and dispositional
hearings must be held within 30 days.
Alternatives
to detention include house arrest, electronic monitoring,
shelter care, trackers and monitors, day treatment, and a
weekend program for probation violators.
The Division of Criminal and Juvenile Justice Planning published
Examining
the Trends and Use of Iowa's Juvenile Detention Centers,
with funding from the Justice Research and Statistics Association.
The study found that no comprehensive system of alternatives
to secure detention exists in the state.
Delinquency Intake Screening
Anyone may file a delinquency complaint with the court, although
law enforcement typically makes referrals. Juvenile court officers
screen complaints and decide whether to handle cases informally
or to refer cases that require more serious court intervention to
the county attorney. Depending on the judicial district, a juvenile
court officer may be assigned to a case from intake to aftercare,
or the district may have a separate Intake Unit. Juvenile Court
School Liaisons may also conduct intakes.
Diversion
Juvenile court officers may divert the juvenile by entering
into an informal adjustment agreement. Informal adjustments
are contracts that require that the juvenile admit to the
charges and typically require non-judicial probation in which
the juvenile abides by certain conditions of behavior. The
juvenile and his or her parents must consent to the terms
in the agreement. Informal adjustment is often used for younger
or less serious offenders. Conditions may include informal
juvenile court supervision, restitution, community service,
and participation in programs, such as anger management, life
skills training, and shoplifting diversion. Typically, if
a juvenile obeys the conditions of the informal adjustment,
a petition is not filed, and the juvenile is released from
the juvenile court's oversight. Agreements must not exceed
six months.
Polk, Marshal,
and Woodbury Counties have teen drug courts, and Linn and Polk Counties
have peer review courts.
Predisposition
Investigation
After adjudication, a Juvenile Court Officer conducts a predisposition
investigation and prepares a predisposition report. The investigation
and report encompass the juvenile's social history, environment,
family condition, school performance, child abuse and neglect histories,
learning disabilities, physical impairments, past acts of violence,
and other relevant issues.
The
Iowa Judicial Branch assesses juveniles using the Washington
State Juvenile Court Assessment (WSJCA) and develops disposition
recommendations based on the results.
Victim
Rights and Services
Iowa
Code Section 915 provides victims of juvenile offenders
with certain rights, including the right to be notified of
the juvenile’s and his or her parents’ names and
addresses and about disposition or informal adjustments. Victims
of juvenile offenders may file victim impact statements for
consideration at intake and disposition. Victims of violent
crimes have the right to be notified of a juvenile’s
release or escape.
The
Iowa Judicial Branch administers the juvenile
victim restitution program. However, the judiciary has
not funded this program since 2001. Some districts are using
alternative funding, including federal block grants, to continue
this program.
Probation
Supervision
Each of the judicial districts has a chief juvenile court officer
(JCO) who supervises juvenile court officers, who are Supreme Court
employees. The judges in each district select their chief JCO. These
eight chief JCOs meet periodically to coordinate their practices,
but there is not a state administrator. Therefore, juvenile court
services practices vary and have a strong local flavor.
Juvenile court
officers, Iowa Judicial Branch employees, carry caseloads comprised
of only juveniles. Depending on the judicial district, a juvenile
court officer may be assigned to a case from intake to aftercare
while some judicial districts may have a separate Supervision Unit.
The Chief Juvenile Court Officers and State Court Administration
allocate JCOs according to the number of children living within
the judicial districts. The Juvenile Court Services Advisory Committee
recommends a JCO staffing formula of 2,800 children per JCO.
The court determines
the level of probation supervision and does not currently use a
classification tool. However, the Iowa Judicial Branch plans to
adopt the Washington State Juvenile Court Assessment (WSJCA) by
Fall 2004. The assessment is a two-stage process. The first stage
is a pre-screen assessment completed for all youth placed on probation.
The second stage, a full assessment, is required for youth assessed
as moderate or high risk on the pre-screen.
The
Department of Human Services and local school districts fund
Juvenile Court School Liaisons. In 2000, there were approximately
130 Juvenile Court School Liaisons in middle, junior high,
and high schools across the state. The liaisons work with
a Juvenile Court Officer to supervise students who are on
probation, work with youth who have been identified as at
risk, reduce truancy, and respond to disruptive behavior in
classrooms. For more information, read An
Examination of Iowa's School Liaison Program.
Other
community-based delinquency services include day treatment
programs, life skills services, and tracking and monitoring
services. “Trackers” work under the supervision
of local juvenile court officers and typically have small
caseloads (five or six youth). They contact a given juvenile
several times in a single day, making it possible for youth
to remain in the community. Iowa's Chief Juvenile Court Officers,
in conjunction with the Division of Criminal and Juvenile
Justice Planning (CJJP), have started collecting data about
the performance of court-involved youth in programs such as
life skills, community-based day treatment, and tracking and
monitoring. Information is collected on all of the juveniles
at admission, program completion, and six months later to
identify re-offending and out of home placements.
Group
care provides highly structured 24-hour treatment services and supervision
for children who cannot be served at a less restrictive level of
care due to the intensity or severity of their emotional/behavioral
problems. Youth placed in group care have typically been adjudicated
either as delinquent or as CINA. Group care services include counseling
and therapy, social skills development, restorative living skills
development, family skills development, and supervision. Associated
activities include social work, case management, court involvement,
licensing, payment and recovery. Group care services are purchased
from private agencies. There are four levels of group care: community,
comprehensive, enhanced, and highly structured.
Juvenile
court officers develop case plans. Although each judicial district
currently develops case plans in its own way, the Iowa Judicial
Branch is moving toward adopting a statewide standard protocol for
writing case plans.
Juvenile
Probation Officer Qualifications, Certification, and Training
Juvenile court officers must have Bachelor’s degrees in law,
criminal justice, social work, or a related major. Statute does
not require candidates to possess work experience in specified areas.
Juvenile
court officers are not professionally certified in Iowa. They
have to attend a one or two week intensive pre-service training
conducted by the Supreme Court. After that, juvenile court
officers may voluntarily attend the two juvenile court conferences
held each year - one for judges and one for judicial services.
The Supreme Court mandates some training as needed.
Juvenile Corrections Continuum
The Department of Human Services administers two state juvenile
corrections institutions: the Boys
State Training School in Eldora for delinquent boys and
the Iowa
Juvenile Home in Toledo for delinquent girls.
Commitment
to State
Upon commitment, custody and guardianship of the adjudicated
juvenile is given to the Department of Human Services. The
court orders determinate commitments and specifies the type
of placement. The court does not use a risk/needs instrument
to make these decisions. The juvenile's level of treatment
cannot be changed without court approval. Statute requires
dispositional review hearings every 12 months, but judges
generally review cases every 6 months. Juvenile court officers
supervise juveniles while in they are in state juvenile corrections
institutions.
Blended
Sentencing
Iowa has a criminal blended sentencing provision. For
more information, click here.
Direct
Placement
The court can directly place a juvenile offender in a private
or local facility without committing the youth to the Department
of Human Services (DHS) if they have funding, according to
statute
232.52 of the Iowa Code. Although juvenile court officers
supervise juveniles in direct placement and provide aftercare
services, DHS covers the costs of services such as counseling.
Juvenile court officers may recommend release, but the court
makes the final release decision.
Release
The court reviews Department of Human Services' recommendations
for release and makes the final release decision. The court does
not use a risk/needs instrument to make the release decision.
Aftercare/Re-entry
Juvenile court officers (JCOs) develop recommendations to the court
for aftercare that may involve supervision by a JCO and treatment
services from private agencies. Some judicial districts use tracking
services, intensive supervision, and day programming. The court
reviews and approves all plans for aftercare for youth returning
from residential placements. Depending on the judicial district,
a juvenile court officer may be assigned to a case from intake to
aftercare, or the district may have a separate Aftercare Unit.
State
Laws
Legal
Resources
Iowa
Administrative Code
Iowa
Code, Title VI (Human Services), Subtitle 5 (Juveniles), Chapter
232 (Juvenile Justice)
Iowa
Court Rules, Rules of Juvenile Procedure (Chapter 8)
2003
Iowa Juvenile Bench Book
Iowa
State Bar Association
Purpose
Clause
To read Iowa's purpose clause for delinquency proceedings, click
here.
Delinquency Jurisdiction (as of the end of the
2005 legislative session)
Lower Age: None specified
Upper Age: 17
Extended
Age of Delinquency Jurisdiction: 18
Juvenile
Transfer Laws
For information on Iowa's juvenile transfer laws, click
here.
Juvenile
Justice Leadership
Department
of Human Right's Division of Criminal and Juvenile Justice Planning
The
Division of Criminal and Juvenile Justice Planning serves
as the state advisory group charged with administering funds
received through the federal Juvenile Justice Delinquency
Prevention Act and monitoring compliance with the Act's mandates.
The Division also serves as the state's statistical analysis
center.
Attorney
General's Task Force on Juvenile Crime
Established
in 1995 in response to serious juvenile crime, this Task Force
brings together judges, juvenile court officers, police, educators,
and private providers to serve as an advisory group and focus
on what works.
Iowa’s
Collaboration for Youth Development
Iowa’s Collaboration for Youth Development is comprised
of state agency staff, community members, and local youth
serving program staff. It holds forums on youth issues, trains
state and local officials on youth development, and facilitates
coordination of some of the planning and policy requirements
of various state agencies, including conducting community
needs assessments.
Iowa
Gender-Specific Services Task Force
The Division of Criminal and Juvenile Justice Planning established
the Iowa Gender-Specific Services Task Force in 1995. Major
activities of the Task Force include an annual conference,
a study of female offenders in the state's juvenile justice
system, publication and distribution of Providing Gender-Specific
Services for Adolescent Female Offenders: Guidelines &
Resources, a desk protocol that outlines the gender-specific
philosophy, and workshops for juvenile justice system professionals
on the gender-specific approach.
Juvenile
Court Services Advisory Committee
In 2002, the Iowa Supreme Court established the Juvenile Court
Services Advisory Committee by court order. The Court charged
the committee with reviewing the delivery of juvenile court
services in the eight judicial districts and recommending
ways to achieve uniformity across the state. In addition,
the committee was directed to develop a staffing caseload
formula for juvenile court services support staff and supervisors.
Recommendations include using risk assessment instruments
to standardize decision-making and emphasizing the principles
of balanced and restorative justice in dispositions.
Juvenile
Court Officers Association
Juvenile
Detention Association
Juvenile
Judges Association
Resources/Contacts
Juvenile
Court Delinquency Proceedings Flowchart, developed
by Criminal and Juvenile Justice Planning
Examining
the Trends and Use of Iowa's Juvenile Detention Centers
Serving
Iowa Youth and Families With a Youth Development Approach:
JJDP Act Formula Grant Application and Three-Year Comprehensive
Plan
Department
of Human Services
Division
of Criminal and Juvenile Justice Planning
Iowa
Collaboration for Youth Development
Iowa
County Attorneys Association
Iowa
Gender-Specific Services Task Force
Iowa Judicial
Branch Web Site
Iowa
State Bar Association
Dave
Kuker
Juvenile Justice Specialist
Division of Criminal and Juvenile Justice
Lucas State Building, 1st Floor
Des Moines, IA 50319
Phone: (515) 281-8078
Fax: (515) 242-6119
The
National Center for Juvenile Justice strives to make each State
Profile as accurate as possible. Please bring any errors, updates,
or additions to the attention of the State
Profiles project manager. Persons listed as state contacts are
not responsible for information contained in these profiles.
© 2000 (original copyright); © 2006 (most recent copyright) National Center for Juvenile Justice
Citation: National
Center for Juvenile Justice. 2006. "Iowa." State Juvenile
Justice Profiles. Pittsburgh, PA: NCJJ. Online. Available: http://www.ncjj.org/stateprofiles/.
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