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CHAPTER TWO
JUVENILE COURT JURISDICTION
A. GENERAL JURISDICTION OF THE JUVENILE COURT........................................3
1. ESTABLISHMENT OF THE JUVENILE COURT....................................................3
2. RESPECTIVE JURISDICTIONS OF JUDGES.......................................................3
B. EXCLUSIVE ORIGINAL JURISDICTION.................................................................4
1. “ORIGINAL” AND “EXCLUSIVE” JURISDICTION DEFINED ..................................4
2. EXCLUSIVE JURISDICTION .................................................................................4
3. EXCLUSIVE ORIGINAL JURISDICTION ...............................................................4
4. JUVENILE COURT JURISDICTION PARAMOUNT...............................................4
C. JUVENILE COURT JURISDICTION - TABLE ........................................................5
D. JUVENILE COURT JURISDICTION - AUTHORITY ................................................7
1. CHAPTER 125 SUBSTANCE ABUSE MINOR .....................................................7
2. CHAPTER 135L WAIVER PARENTAL NOTIFICATION ABORTION ....................7
3. CHAPTER 222 MENTALLY RETARDED MINOR..................................................7
4. CHAPTER 229 MENTAL ILLNESS MINOR ...........................................................8
5. CHAPTER 232 DIVISION II DELINQUENCY.........................................................8
6. CHAPTER 232 DIVISION III CHILD IN NEED OF ASSISTANCE...........................8
7. CHAPTER 232 DIVISION IV TERMINATION PARENTAL RIGHTS .......................9
8. CHAPTER 232 DIVISION V FAMILY IN NEED OF ASSISTANCE ........................9
9. CHAPTER 232 DIVISION XI VOLUNTARY FOSTER CARE .................................9
10. CHAPTER 232B IOWA INDIAN CHILD WELFARE ACT ...................................10
11. CHAPTER 233 NEWBORN INFANT CUSTODY RELEASE..............................10
12. GRANDPARENT VISITATION ...........................................................................10
13. CHAPTER 236 DOMESTIC ABUSE MINOR DEFENDANT...............................10
14. CHAPTER 598 MARRIAGE ...............................................................................12
15. CHAPTER 598B UNIFORM CHILD CUSTODY & JURISDICTION....................12
16. CHAPTER 600 ADOPTION................................................................................12
17. CHAPTER 600A PRIVATE TERMINATION PARENTAL RIGHTS.....................13
18. CHAPTER 665 CONTEMPT ..............................................................................14
19. CHAPTER 692A SEXUAL OFFENDER REGISTRY ..........................................15
E. TEMPORARY VS. PERMANENT NATURE OF ORDERS.....................................15
1. TEMPORARY NATURE JUVENILE DISPOSITION ORDERS.............................15
2. PERMANENT NATURE DISTRICT COURT CUSTODY ORDERS .....................15
3. PERMANENCY HEARINGS – JUVENILE COURT..............................................16
4. TERMINATION OF PARENTAL RIGHTS ............................................................17
F. PROHIBITED DISTRICT COURT JURISDICTION.................................................18
1. GENERALLY........................................................................................................18
2. SPECIFIC ACTIONS PROHIBITED .....................................................................18
3. APPLICATION TO PENDING JUVENILE ACTIONS ...........................................18
4. APPLICATION TO CHAPTER 232 ACTIONS......................................................19
5. VISITATION ISSUES ...........................................................................................19
6. APPLICATION AGAINST NON-PARTIES ...........................................................19
7. PROHIBITION INAPPLICABLE............................................................................20
8. NOTIFICATION TO DISTRICT COURT...............................................................20
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G. CONCURRENT JURISDICTION............................................................................22
1. GENERALLY........................................................................................................22
2. DISCRETION .......................................................................................................22
3. SPECIFIC ISSUE .................................................................................................22
4. INTER SE EFFECT..............................................................................................23
H. ISSUE PRECLUSION BETWEEN COURTS..........................................................23
1. GENERALLY........................................................................................................23
2. OFFENSIVE USE..................................................................................................24
3. DEFENSIVE USE.................................................................................................24
4. JUVENILE – DISTRICT COURT ..........................................................................24
5. ADMISSIBILITY OF DELINQUENCY RECORDS ................................................24
I. MAGISTRATE EXCEPTIONS JUVENILE JURISDICTION .....................................26
J. JUVENILE COURT JURISDICTION EXCLUSIONS...............................................27
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A. GENERAL JURISDICTION OF THE JUVENILE COURT
1. ESTABLISHMENT OF THE JUVENILE COURT
A juvenile court is established in each county in the state of Iowa and is a division of
the district court. The jurisdiction of the juvenile court is exercised by district court judges,
district associate judges where specifically so designated by the chief judge, and by
associate juvenile judges appointed by the chief judge.
The juvenile court is within the district court and has the jurisdiction
provided in chapter 232. Iowa Code Section 602.7101(1).
The jurisdiction of the juvenile court may be exercised by any district
judge, and by any district associate judge who is designated by the chief judge
as a judge of the juvenile court. Iowa Code Section 602.7101(2). The
jurisdiction of the Iowa district court shall be exercised by district judges, district
associate judges, associate juvenile judges . . . Iowa Code Section 602.6104(1).
Full-time associate juvenile judges shall be appointed by the district
judges of the election district from persons nominated by the county magistrate
appointing commission. Iowa Code Section 602.7103B(1).
2. RESPECTIVE JURISDICTIONS OF JUDGES
District court judges have the full jurisdiction of the district court including
respective jurisdictions of district associate judges and magistrates. Iowa Code Section
602.6202.
District Associate Judges have jurisdiction over involuntary commitment
proceedings under Chapters 125 and 229, temporary or emergency orders for protection
under Chapter 236, entry of probate orders not requiring notice and hearing, and if so
designated juvenile court jurisdiction. Iowa Code Section 602.6306(2).
Associate Juvenile Judges shall have the same jurisdiction to conduct juvenile
court proceedings, to issue warrants, nontestimonial identification orders, and contempt
arrest warrants for adults in juvenile court proceedings, and to issue orders, findings, and
decisions as the judge of the juvenile court. However the appointing judge may limit the
exercise of juvenile court jurisdiction by the associate juvenile judge. Iowa Code Section
602.7103(1).
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B. EXCLUSIVE ORIGINAL JURISDICTION
1. “ORIGINAL” AND “EXCLUSIVE” JURISDICTION DEFINED
“Original jurisdiction” is jurisdiction to consider a case in the first instance, the court
to take cognizance of a case at its inception, try it, and pass judgment on the law and facts,
as distinguished, for example, from appellate jurisdiction. Black’s Law Dictionary, page
1099, West Publishing 1990. “Exclusive jurisdiction” is jurisdiction possessed by one court
to the exclusion of all other courts. That forum in which an action must be commenced
because no other forum has jurisdiction to hear and determine the action. Black’s Law
Dictionary, page 564, West Publishing 1990.
2. EXCLUSIVE JURISDICTION
The juvenile court has exclusive jurisdiction concerning children alleged to be
children in need of assistance under Iowa Code Chapter 232. Iowa Code Section 232.61.
The District Court in a dissolution of marriage action has no jurisdiction to find a child to be
a child in need of assistance. In re Marriage of Snyder, 276 N.W.2d 402 (Iowa 1979);
Social Services v. Blair, 294 N.W.2d 567 (Iowa 1980). The District Court may refer children
to the department of human services who may then file a china petition. Id.
3. EXCLUSIVE ORIGINAL JURISDICTION
When one adds the concept of “original jurisdiction” to “exclusive jurisdiction,” it can
logically be implied that the court with exclusive jurisdiction could delegate jurisdiction to a
second court. For example, Iowa Code Section 232.8(1)(a) gives the juvenile court
"exclusive original jurisdiction in proceedings concerning a child who is alleged to have
committed a delinquent act unless otherwise provided by law." This provision does not
deprive the district court of its criminal jurisdiction. Rather, section 232.8(1)(a) merely
means that proceedings concerning delinquent acts must originate in juvenile court and
continue in juvenile court until that court waives jurisdiction pursuant to Iowa Code Section
232.45. State v. Yodprasit, 564 N.W.2d 383, 386 (Iowa 1997).
4. JUVENILE COURT JURISDICTION PARAMOUNT
The general rule that when two or more tribunals in the state have concurrent
jurisdiction, the tribunal first assuming jurisdiction retains it to the exclusion of all tribunals in
which the action might have initiated, applies to conflicts in jurisdiction involving custody
questions; however, when the juvenile court, acting under the doctrine of parens patriae,
acquires jurisdiction and properly assumes custody of the minor, its jurisdiction is
paramount, even if acquired later in time. 47 Am.Jur.2nd Section 39, Juvenile Courts.
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C. JUVENILE COURT JURISDICTION - TABLE
1. Involuntary Hospitalization/Treatment of Minors for Chronic Substance Abuse Iowa Code Section 125.75A [exclusive original jurisdiction];
2. Waiver of Parental Notification of Minor’s Abortion - Iowa Code Sections 232.5,
135L.1(5), and 135L.3(3) [exclusive jurisdiction];
3. Adjudication and Treatment of Minors for Mental Retardation - Iowa Code
Section 222.16A [exclusive original jurisdiction];
4. Voluntary Hospitalization for Mental Illness to which a Minor Objects - Iowa
Code Section 229.6A [exclusive original jurisdiction];
5. Involuntary Hospitalization of a Minor for Serious Mental Impairment - Iowa Code
Section 229.6A [exclusive original jurisdiction];
6. Juvenile Justice - Chapter 232, Division II - Delinquency a. Over a child [under age 18] who commits a delinquent act; and
b. An adult who commits a delinquent act prior to becoming an adult and is
waived back to juvenile court. Iowa Code Section 232.8(1) [exclusive
original jurisdiction];
7. Juvenile Justice - Chapter 232, Division III - Child in Need of Assistance Iowa Code Section 232.61(1) [exclusive jurisdiction];
8. Juvenile Justice - Chapter 232 - Division IV - Termination of Parental Rights CHINA in effect - Iowa Code Section 232.109 [exclusive jurisdiction];
9. Juvenile Justice - Chapter 232 - Division V - Family in Need of Assistance Iowa Code Section 232.122 [exclusive jurisdiction];
10. Juvenile Justice - Chapter 232 - Division XI - Voluntary Foster Care of Disabled
Children - Iowa Code Section 232.176 [exclusive jurisdiction];
11. Iowa Indian Child Welfare Act – Chapter 232B
12. Newborn Infant Custody Release Procedure – Chapter 233 [exclusive
jurisdiction]
13. Grandparent visitation w/r child in need of assistance - In the Interest of K.B.,
537 N.W.2d 774 (Iowa 1995) [exclusive inherent jurisdiction - not 598.35];
14. Domestic Abuse with Minor Defendant - Iowa Code Sections 232.8(1)(c),
236.3(7);
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15. Marriage - Iowa Code Section 595.10;
16. Uniform Child Custody Jurisdiction and Enforcement Act - Iowa Code Section
598B.102(4);
17. Adoption - Iowa Code Sections 600.3, 232.6
18. Private Termination of Parental Rights - Iowa Code Sections 600A.5, 232.6; and
19. Contempt of Juvenile Court - Iowa Code Sections 602.7101, 602.7103, 665.1,
665.4(2).
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D. JUVENILE COURT JURISDICTION - AUTHORITY
1. CHAPTER 125 SUBSTANCE ABUSE MINOR
The juvenile court has exclusive original jurisdiction in proceedings
concerning a minor for whom an application for involuntary commitment or
treatment is filed under section 125.75 [involuntary commitment or
treatment of chronic substance abusers]. Iowa Code Section 125.75A.
2. CHAPTER 135L WAIVER PARENTAL NOTIFICATION ABORTION
If a pregnant minor objects to the notification of a parent prior to the
performance of an abortion on the pregnant minor, the pregnant minor may
petition the court to authorize waiver of the notification requirement
pursuant to this section in accordance with the following procedure. . . Iowa
Code Section 135L.3(3). “Court” means the juvenile court. Iowa
Code Section 135L.1(5).
The court shall have exclusive jurisdiction over the proceedings for the
granting of an order for waiver of the notification requirements relating to the
performance of an abortion on a minor pursuant to section 135L.3 Iowa Code
Section 232.5
“Court” means juvenile court established under section 602.7101. Iowa
Code Section 232.2(8).
3. CHAPTER 222 MENTALLY RETARDED MINOR
The juvenile court has exclusive original jurisdiction in any court
proceedings concerning a minor pursuant to this chapter [Chapter 222
regarding Persons with Mental Retardation]. Iowa Code Section
222.16A(2).
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The Juvenile Court has continuing jurisdiction to hear a petition for discharge
from commitment from a mentally retarded adult whose original confinement was as a
minor pursuant to Iowa Code Chapter 222. Chapter 222 is silent on the issue. Matter
of Bear, 576 N.W.2d 303 (Iowa 1998).
4. CHAPTER 229 MENTAL ILLNESS MINOR
Notwithstanding section 229.11 [immediate custody], the juvenile
court has exclusive original jurisdiction in proceedings concerning a minor
for whom an application for involuntary admission is filed under section
229.6 [hospitalization of persons with mental illness] or for whom an
application for voluntary admission is made under section 229.2(1)
[voluntary admission of a minor], to which the minor objects. Iowa
Code Section 229.6A.
5. CHAPTER 232 DIVISION II DELINQUENCY
The juvenile court has exclusive original jurisdiction in proceedings
concerning a child who is alleged to have committed a delinquent act
unless otherwise provided by law, and has exclusive original jurisdiction in
proceedings concerning an adult who is alleged to have committed a
delinquent act prior to having become an adult, and who has been
transferred to the jurisdiction of the juvenile court pursuant to an order
under section 803.5. Iowa Code Section 232.8(1)(a).
6. CHAPTER 232 DIVISION III CHILD IN NEED OF ASSISTANCE
The juvenile court shall have exclusive jurisdiction over proceedings
under this chapter alleging that a child is a child in need of assistance.
Iowa Code Section 232.61(1).
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7. CHAPTER 232 DIVISION IV TERMINATION PARENTAL RIGHTS
The juvenile court shall have exclusive jurisdiction over proceedings
under this chapter to terminate a parent-child relationship and all parental
rights with respect to a child. No such termination shall be ordered except
under the provision of this chapter if the court has made an order
concerning the child pursuant to the provisions of division III of this chapter
and the order is in force at the time a petition for termination is filed. Iowa
Code Section 232.109.
8. CHAPTER 232 DIVISION V FAMILY IN NEED OF ASSISTANCE
The juvenile court shall have exclusive jurisdiction over family in
need of assistance proceedings. Iowa Code Section 232.122.
9. CHAPTER 232 DIVISION XI VOLUNTARY FOSTER CARE
The court shall have exclusive jurisdiction over voluntary placement
proceedings [concerning children with mental or physical disabilities who
cannot be cared for in their own home]. Iowa Code Section 232.176.
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10. CHAPTER 232B IOWA INDIAN CHILD WELFARE ACT
1. If a proceeding held under this chapter involves an Indian child as defined in
section 232B.3 and the proceeding is subject to the Iowa Indian child welfare Act
under chapter 232B, the proceeding and other actions taken in connection with the
proceeding or this chapter shall comply with chapter 232B.
2. In any proceeding held or action taken under this chapter involving an Indian
child, the applicable requirements of the federal Adoption and Safe Families Act of
1999, Pub. L. No. 105-89, shall be applied to the proceeding or action in a manner
that complies with chapter 232B and the federal Indian Child Welfare Act, Pub. L.
No. 95-608. Iowa Code Section 232.7.
11. CHAPTER 233 NEWBORN INFANT CUSTODY RELEASE
. . . The Department shall immediately notify the juvenile court and the county
attorney of the department’s action and the circumstances surrounding the
action and request an ex parte order from the juvenile court ordering, in
accordance with the requirements of section 232.78, the department to take
custody of the newborn infant. Iowa Code Section 233.2(3). See also Section
233.2(4)(a) regarding the filing of a child in need of assistance and termination
petition in the juvenile court.
12. GRANDPARENT VISITATION
The power of the juvenile court in a CHINA proceeding includes a determination
to visitation rights of parents and grandparents. Juvenile court’s exclusive jurisdiction
over custody decisions includes determinations of visitation rights. The juvenile court is
not limited by section 598.35 in granting visitation to a grandparent who does not meet
the qualifications under that section. Best interests of the child govern. Here the child
in a guardianship pursuant to a permanency order was approved for short unsupervised
visitation with a grandparent. In Interest of K.R., 537 N.W.2d 774 (Iowa 1995).
13. CHAPTER 236 DOMESTIC ABUSE MINOR DEFENDANT
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If the person against whom relief from domestic abuse is being sought
is seventeen years of age or younger, the district court shall waive its
jurisdiction over the action to the juvenile court. Iowa Code Section 236.3(7).
The juvenile court shall have jurisdiction in proceedings commenced
against a child pursuant to section 236.3 over which the district court has
waived its jurisdiction. The juvenile court shall hear the action in the manner of
an adjudicatory hearing under section 232.47, subject to the following: (1) The
juvenile court shall abide by the provisions of sections 236.4 and 236.6 in
holding hearings and making a disposition; and (2) The plaintiff is entitled to
proceed pro se under sections 236.3A and 236.3B. Iowa Code Section
232.8(1)(c).
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14. CHAPTER 598 MARRIAGE
Marriages may be solemnized by: 1. A judge of the supreme court,
court of appeals, or district court, including a district associate judge, associate
juvenile judge, or a judicial magistrate, and including a senior judge as defined
in section 602.9202, subsection 1. Iowa Code Section 595.10.
15. CHAPTER 598B UNIFORM CHILD CUSTODY & JURISDICTION
(1) Except as provided in section 598B.204, a court of this state has
jurisdiction to make an initial child-custody determination only if any of the
following applies: (a) This state is the home state of the child on the date of
the commencement of the proceeding, or was the home state of the child
within six months before commencement of the proceeding and the child is
absent from this state but a parent continues to live in this state; or (b) A court
of another state does not have jurisdiction under paragraph (a), or a. . . Iowa
Code Section 598B.201.
16. CHAPTER 600 ADOPTION
The [juvenile] court may exercise jurisdiction over adoption and
termination of parental rights proceedings under chapters 600 and 600A.
Iowa Code Section 232.6. An action for the adoption of a natural person
shall be commenced by the filing of an adoption petition, as prescribed in
section 600.5, in the juvenile court or court of the county . . . Iowa Code
Section 600.3(1).
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17. CHAPTER 600A PRIVATE TERMINATION PARENTAL RIGHTS
A petition for termination of parental rights shall be filed with the
juvenile court in the county in which the guardian or custodian of the child
resides or the child, the biological mother or the pregnant mother is domiciled.
If a juvenile court has made an order pertaining to a minor child under
chapter 232, division III, and that order is still in force, the termination
proceedings shall be conducted pursuant to the provisions of chapter 232,
division IV. Iowa Code Section 600A.5
Termination of parental rights shall be accomplished only according
to the provisions of this chapter. However, termination of parental rights
between an adult child and the child’s parents may be accomplished by a
decree of adoption establishing a new parent-child relationship. Iowa
Code Section 600A.3.
The [juvenile] court may exercise jurisdiction over adoption and
termination of parental rights proceedings under chapters 600 and 600A.
Iowa Code Section 232.6.
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18. CHAPTER 665 CONTEMPT
Any officer authorized to punish for contempt is a court within the meaning
of this chapter. Iowa Code Section 665.1
The punishment for contempt, where not otherwise specifically provided,
shall be: . . . before district judges, district associate judges, and associate
juvenile judges by a fine not exceeding five hundred dollars or imprisonment in a
county jail not exceeding six months or by both such fine and imprisonment. Iowa
Code Section 665.4(2).
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An associate juvenile judge shall have the same jurisdiction to conduct
juvenile proceedings, to issue warrants, nontestimonial identification orders,
and contempt arrest warrants for adults in juvenile court proceedings, and to
issue orders, findings, and decisions as the judge of the juvenile court. Iowa
Code Section 602.7103(1).
19. CHAPTER 692A SEXUAL OFFENDER REGISTRY
. . . A person who is convicted . . . as a result of adjudication of delinquency
in juvenile court shall be required to register as required in this chapter
unless the juvenile court finds that the person should not be required to
register under this chapter. Iowa Code Section 692A.2(4).
E. TEMPORARY VS. PERMANENT NATURE OF ORDERS
1. TEMPORARY NATURE JUVENILE DISPOSITION ORDERS
All dispositional orders entered under the authority of Iowa Code Section 232.102
wherein custody of a child is transferred are temporary in nature. In the Interest of
J.R.H., 358 N.W.2d 311, 319 (Iowa App. 1984). The juvenile code is structured to make
permanent decisions with respect to the child’s custody only at the conclusion of the
proceedings, whether that be with a termination of parental rights or long-term foster
placement. Id, citing Iowa Code Section 232.103 and In re Blackedge, 304 N.W.2d 211,
214. The lack of the court’s ability to make a permanent placement at the dispositional
stage does not affect the authority to make a temporary disposition, however. In
Interest of J.R.H., supra.
2. PERMANENT NATURE DISTRICT COURT CUSTODY ORDERS
The custody of children should be quickly established and seldom changed
except for the most cogent reasons. In re the Marriage of Snyder, 284 N.W.2d 251, 254
(Iowa 1979).
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3. PERMANENCY HEARINGS – JUVENILE COURT
a. Permanency Hearing
A permanency hearing must be held (1) within twelve months of the removal
under sections 232.78 [exparte removal], 232.95 [temporary removal hearing], 232.96
[adjudicatory removal], or 232.102 [dispositional removal] or (2) within thirty days of
the entry of order waiving reasonable efforts in aggravated circumstances. The
permanency hearing may be held concurrently with a Section 232.103 modification
hearing. Iowa Code Section 232.104(1). Permanency hearings are also now required
in delinquency cases which meet the statutory timeline above. Iowa Code Section
232.58.
b. Waiver of Reasonable Efforts - Aggravated Circumstances
Redefines “reasonable efforts” to state that a “child’s health and safety” is a
paramount concern in making reasonable efforts. Iowa Code Section 232.102(9)(a).
The law now allows for a “waiver” of reasonable efforts in “aggravated
circumstances.” The court is to make written findings of fact based upon evidence in
the record to indicate the aggravated circumstances exist. It is the duty of the moving
party to present that evidence including where necessary certified copies of prior
termination proceedings or criminal convictions. The rationale for the provision is that it
is not in the child’s best interest to delay the establishment of a permanent placement
for 12 months where services are not likely to allow for a child’s safe return to the home.
Iowa Code Section 232.102(12).
“Aggravated circumstances” include (1) abandonment, (2) the child meets
definition of child in need of assistance by physical or sexual abuse or neglect, such
abuse or neglect posed a significant risk to the life of the child or imminent danger to the
child, and the provision of services will not correct the conditions within a reasonable
period of time [See Section 232.116(1)(h)]; (3) the parental rights of the parent to
another child in the same family were previously terminated and the provision of
services would not correct the conditions within a reasonable period of time; (4) the
parent was “convicted” of the murder, voluntary manslaughter, or aiding and abetting,
attempting, conspiring or soliciting the same of another child of the parent; (5) the
parent was convicted of a felony assault which resulted in serious bodily injury to the
child in interest or another child of the parent. Note that convictions and not merely
charges or founded abuse reports are necessary with regard to the latter two
provisions.
The list of aggravated circumstances as contained in the statute was not
intended by congress to be all-inclusive according to the congressional record made in
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the passage of the Adoption and Safe Families Act of 1997. 143 Congressional Record
S 12670.
4. TERMINATION OF PARENTAL RIGHTS
a. Generally
The juvenile court may enter an order pursuant to chapter 232 for
termination of a parent’s parental rights where a prior adjudication of the child as a child
in need of assistance existed and provided the ground(s) set forth in Iowa Code Section
232.116(1)(a) - (q) is shown by clear and convincing evidence and further the
termination is in the child’s best interest. Iowa Code Section 232.117. Where an order
is entered for termination of parental rights, the court is to establish the child’s
guardianship and custody and require the guardian to take prompt action to provide for
the child’s adoption or other permanent placement. Iowa Code Section 232.117(5).
Termination and adoption is the preferred method of establishing permanency for
children as opposed to long-term foster care. In Interest of R.L., 541 N.W.2d 900, 903
(Iowa App. 1995).
b. Termination Petition Required
The county attorney is required to file a petition for termination of parental
rights, unless certain exceptions exist, where: (1) a child has been in foster care for 15
of the last 22 months; (2) the court has waived reasonable efforts for the aggravated
circumstance specifically set forth in section 232.116(1)(h); (3) a child is under twelve
months of age and is judicially determined to be abandoned [see section 232.2(1) for
definition of ‘”abandonment;” (4) the parent was “convicted” of the murder, voluntary
manslaughter, or aiding and abetting, attempting, conspiring or soliciting the same of
another child of the parent; (5) the parent was convicted of a felony assault which
resulted in serious bodily injury to the child in interest or another child of the parent.
Iowa Code Section 232.111(1A).
Exceptions to the requirement of filing include: (1) a child is cared for by a
relative; (2) the filing is not in the child’s best interest for a compelling reason; (3) DHS
has not provided necessary services within the time frame set forth in the case plan and
a limited extension of time is needed.
Note that if the time lines for permanency hearings are met, the county attorney
would seldom be required under this section to file, although the court may have
directed the filing following the permanency hearing. The Iowa Supreme Court has
determined that a county attorney does not act unethically if he or she files a
termination petition upon direction by the court event where the county attorney believes
good cause exists not to file, i.e., that a prima facie case cannot be made out. In re.
K.C., 660 N.W.2d 29 (Iowa 2003). The statute is specific to require the county attorney
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to file in such circumstances, it does not say the department or the state shall file,
although the department may file under section 232.111(1).
F. PROHIBITED DISTRICT COURT JURISDICTION
1. GENERALLY
The District Court is prohibited exercising jurisdiction concerning minor children
in any action other than a juvenile action if juvenile action is pending unless the juvenile
court authorizes the same.
During the pendency of an action under this chapter, a party to the action is
estopped from litigating concurrently the custody, guardianship, or placement
of a child who is the subject of the action, in a court other than the juvenile
court. A district judge, district associate judge, magistrate, or judicial
hospitalization referee, upon notice of the pendency of an action under this
chapter, shall not issue an order, finding, or decision relating to the custody,
guardianship, or placement of the child who is the subject of the action, under
any law, including but not limited to chapter 598, 598A, or 633. Iowa
Code Section 232.3(1).
2. SPECIFIC ACTIONS PROHIBITED
Iowa Code Section 232.3(1) prohibits the District Court from entering temporary
or permanent custody orders in actions for dissolution, separate maintenance,
annulment, or separate actions for custody, and probate guardianships concerning
minor wards if a juvenile court action is then pending. It is not merely limited to such
actions, however, and may include custody orders in other types of actions including
temporary custody awards in domestic abuse relief actions. Where the juvenile court
enters an order for termination of parental rights, it should either retain jurisdiction to
complete the adoption or grant concurrent jurisdiction to the district court for that
purpose. In Matter of Adoption of S.M.H., 1-031/00-94, filed 4/27/01, Iowa Court of
Appeals.
3. APPLICATION TO PENDING JUVENILE ACTIONS
The prohibition applies when a juvenile action is “pending” which means a
petition has been filed seeking an adjudication of a child as subject to the juvenile
court’s jurisdiction or where emergency ex parte orders for removal under Sections
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232.78 or 232.95 have been entered by the court whereby it exercises its jurisdiction.
“Pending” means “during, while awaiting.” Webster’s New Collegiate Dictionary, page
869, 1988. It does not require that the juvenile court has entered an adjudicatory or
dispositional order. For the prohibition to apply, it does not matter whether the District
Court action is pending in advance of the Juvenile Court proceeding. Orders of the
District Court entered in advance of the pendency of the juvenile case, however, are
honored and determine the status of the case prior to juvenile court involvement.
4. APPLICATION TO CHAPTER 232 ACTIONS
The prohibition applies to all types of juvenile cases under chapter 232, not
merely child in need of assistance cases. It would include delinquency [division II], child
in need of assistance [division III], termination of parental rights [division IV], family in
need of assistance [division V], and voluntary foster care of disabled children [division
XI]. Within chapter 232 references are also made to juvenile court jurisdiction relative to
other chapters of the code including: Chapter 135L concerning waiver of parental
notification of a minor’s abortion [Section 232.5]; Chapter 222 commitment and
treatment mentally retarded minors in delinquency proceedings [Section 232.51];
Chapter 229 hospitalization and treatment for mentally ill minors in delinquency
proceedings [Sections 232.51 and 232.52(2)(f)]; and for Chapter 236 concerning
domestic abuse by a minor defendant [Section 232.8(1)(d)]. Section 232.52A also
provides for substance abuse treatment as a disposition in a delinquency case. Thus it
could be forcefully argued that by reference to these other chapters and types of
proceedings, that the prohibition against the District Court entering custody orders
concerning minors involved these proceedings without a grant of concurrent jurisdiction
by the juvenile court is effective despite the fact actions under chapters other than
strictly chapter 232 are involved. There appears to be no conclusive argument,
however, that the prohibition applies where a chapter 600A private termination action
has been filed in the juvenile court.
5. VISITATION ISSUES
Beyond guardianship, custody, and placement issues, visitation issues are
probably also included within the prohibition. Visitation is statutorily a part of and
included within the custody award made by the district court in a dissolution, separate
maintenance or annulment action. Iowa Code Section 598.41(1)(a). Case law indicates
it is the juvenile court who determines grandparent visitation where a juvenile action is
pending. In Interest of K.R., 537 N.W.2d 774 (Iowa 1995).
6. APPLICATION AGAINST NON-PARTIES
The District Court is stayed from entering any order in an adoption action
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[Chapter 600] which would affect custody or placement during the pendency of a CHINA
case under Chapter 232. The estoppel under Section 232.3 applies to the courts, not
just to the parties, and thus the fact that foster parents were not "parties" to the CHINA
case did not allow the adoption action filed by the foster parents to proceed. Matter of
Adoption of A.J.H., 519 N.W.2d 90 (Iowa 1994).
7. PROHIBITION INAPPLICABLE
The prohibition is limited to determining issues of custody, guardianship, and
placement of children. It would thus not prohibit the district court from determining such
matters as paternity and child support.
8. NOTIFICATION TO DISTRICT COURT
Iowa Code Chapters 598 and 598B require the petitioner in dissolution
proceedings to advise the District Court of the pendency of other custody proceedings
concerning any child to be effected by the district court action. Often times, however,
this does not occur. In such cases the following form notification may be filed by the
Juvenile Court Judge in the district court proceeding to alert the District Court and
counsel of the pendency of a juvenile action.
SEE FORM: NoticeExcJur - Notice to District Court and Counsel Pursuant to
Iowa Code Section 232.3
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In the District Court of the State of Iowa In and For .................. County
In Re the Marriage of
)
.................. and ..................
)
Upon the Petition
)
Notice to District Court and Counsel
of
Dissolution
)
Pursuant to Iowa Code Section 232.3
........................
)
(Petitioner)
)
Equity No.............
and Concerning
)
........................
)
(Respondent)
)
____________________________________________________
COMES NOW the undersigned Judge of the Juvenile Court who hereby notifies the
above-captioned District Court and counsel of record that there is a juvenile court action
pending in ______________ County, Iowa, concerning the following child(ren):
____________________________________________________________________;
whose parent(s), guardian(s) or custodian(s) and respective address(es) are as follows:
____________________________________________________________________.
Unless and until the juvenile court grants concurrent jurisdiction to the district
court concerning said children, the District Court should enter no orders concerning the
children’s custody, placement, guardianship, or visitation.
During the pendency of an action under this chapter, a party to the action is estopped
from litigating concurrently the custody, guardianship, or placement of a child who is the subject
of the action, in a court other than the juvenile court. A district judge, district associate judge,
magistrate, or judicial hospitalization referee, upon notice of the pendency of an action under
this chapter, shall not issue an order, finding, or decision relating to the custody, guardianship,
or placement of the child who is the subject of the action, under any law, including but not
limited to chapter 598, 598B, or 633. Iowa Code Section 232.3(1).
The juvenile court with jurisdiction of the pending action under this chapter, however,
may upon the request of a party to the action or on its own motion, authorize the party to litigate
concurrently in another court a specific issue relating to the custody, guardianship, or placement
of the child who is the subject of the action. Before authorizing a party to litigate a specific issue
in another court, the juvenile court shall give all parties to the action an opportunity to be heard
on the proposed authorization. The juvenile court may request but shall not require another
court to exercise jurisdiction and adjudicate a specific issues relating to the custody,
guardianship, or placement of the child. Iowa Code Section 232.3(2).
The clerk shall provide a copy of this notice to the presiding District Court Judge,
counsel and parties.
Dated this _______________.
_______________________________
____________, Juvenile Court Judge
________ Judicial District of Iowa
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G. CONCURRENT JURISDICTION
1. GENERALLY
The Juvenile Court has the power to grant concurrent jurisdiction to the District
Court to make certain determinations concerning children otherwise reserved to the
Juvenile Court.
The juvenile court with jurisdiction of the pending action under this chapter,
however, may upon the request of a party to the action or on its own motion,
authorize the party to litigate concurrently in another court a specific issue
relating to the custody, guardianship, or placement of the child who is the
subject of the action. Before authorizing a party to litigate a specific issue in
another court, the juvenile court shall give all parties to the action an
opportunity to be heard on the proposed authorization. The juvenile court
may request but shall not require another court to exercise jurisdiction and
adjudicate a specific issues relating to the custody, guardianship, or
placement of the child. Iowa Code Section 232.3(2).
2. DISCRETION
The juvenile court has the legal discretion to authorize a party to litigate
concurrently a specific issue relating to custody, guardianship, or placement of a child
who is the subject of a pending juvenile action, however, its discretion must be
exercised in the best interests of the child. In the Interest of R.G., 450 N.W.2d 823
(Iowa 1990).
3. SPECIFIC ISSUE
The juvenile court's power to allow concurrent litigation extends only to a specific
issue relating to the custody, guardianship, or placement of a child who is the subject of
a child in need of assistance action and does not extend to the juvenile court making a
wholesale relinquishment of its jurisdiction. Matter of Guardianship of Murphy, 397
N.W.2d 686, 688-689 (Iowa 1986).
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4. INTER SE EFFECT
Custody or visitation orders entered by the district court granted concurrent
jurisdiction under 232.3 by the juvenile court are determinative of the rights of the
parents inter se if and when the juvenile court’s placement of the children during their
child in need of assistance status has been rendered of no further effect by orders of
the juvenile court. A. B. v. M.B., 569 N.W.2d 103 (Iowa 1997). Custody or visitation
orders entered by a court granted “concurrent jurisdiction” may not conflict with or
frustrate the placement of a child established through a child in need of assistance
proceeding. Id. At 104 - 105.
“Inter se” means “among or between themselves and is used to distinguish rights
or duties between two or more parties from their rights or duties to others.” Black’s Law
Dictionary, page 819, West Publishing, Revised 6th Edition [1990]. Thus an order
which is inter se between the child’s parents is effective only as between them absent
the orders of the juvenile court. Even though concurrent jurisdiction has been granted
and the district court ruled on the application for custody, guardianship, or placement,
the juvenile court order for placement continues to be in force and effect until
terminated.
H. ISSUE PRECLUSION BETWEEN COURTS
1. GENERALLY
If the same issue has previously been litigated, the concept of issue preclusion is
involved. “When an issue of fact of law is actually litigated and determined by a valid
and final judgment, the determination is conclusive in a subsequent action between the
parties, whether on the same or a different claim.” Restatement [2d], Judgments,
Section 27.
Three prerequisites have traditionally been required before issue preclusion may
be applied: (1) identity of issues raised in successive proceedings; (2) a determination
of these issues by a valid final judgment to which such determination was necessary;
and (3) identity of parties [privity]. Hunter v. City of Des Moines, 300 N.W.2d 121, 123
(Iowa 1981).
A four factor test is used to apply issue preclusion:
* Issue(s) concluded must identical [standard of evidence];
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* Issue(s) must have been raised and litigated in the prior action [guilty plea];
* Issue(s) must have been material and relevant to the disposition of the prior
action; and
* The determination made of the issue in the prior action must have been necessary
and essential to the resulting judgment.
Brown v. Monticello State Bank of Monticello, Iowa, 360 N.W.2d 81, 84 (Iowa 1985).
2. OFFENSIVE USE
If the four prerequisites of the doctrine are satisfied, issue preclusion may be
applied offensively where mutuality is lacking if it is determined that the party sought to
be precluded was afforded a full and fair opportunity to litigate the issue in the action
relied upon and that no other circumstances justify affording him an opportunity to
relitigate the issue. Hunter, supra at 124.
3. DEFENSIVE USE
Defensive use of issue preclusion is allowed where the party against whom the
doctrine is invoked was so connected in interest with one of the parties in the former
action as to have had a full and fair opportunity to litigate the relevant claim or issue and
be properly bound by its resolution. Hunter, supra at 123.
4. JUVENILE – DISTRICT COURT
The interrelationship between the juvenile and district court was demonstrated
where the court held that a juvenile court determination that a child's father had not
sexually abused his daughter had a preclusive effect [and barred relitigation of the
issue] in a subsequent dissolution modification proceeding regarding custody and
visitation of the child. Issue preclusion applies when (1) the issue concluded is
identical; (2) the issue was raised and litigated in the prior action; (3) the issue was
material and relevant to the disposition of the prior action; and (4) the determination of
the issue in the prior action was necessary and essential to the resulting judgment. In re
Marriage of Winnike, 497 N.W.2d 170 (Iowa App. 1992).
5. ADMISSIBILITY OF DELINQUENCY RECORDS
a. Statute. “Adjudication and disposition proceedings under this division
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[Delinquency - Division II, Chapter 232] are not admissible as evidence against a
person in a subsequent proceeding, in any other court before or after the person
reaches the age of majority except in sentencing proceedings after conviction of the
person for an offense other than a simple or serious misdemeanor.” Iowa Code Section
232.55(2).
b. CHINA & TPR. Evidence of a father’s juvenile record was not
admissible in a child in need of assistance and subsequent termination of parental rights
proceedings concerning the father’s child since those proceedings were not “a
sentencing proceeding after conviction.” In Interest of T.C., 492 N.W.2d 425, 429 (Iowa
1992).
c. Criminal Sentencing. Iowa Code Section 232.55(2) which prohibits
use of a juvenile’s record when sentencing a defendant in adult criminal court for less
than a felony or aggravated misdemeanor does not prohibit the criminal court for
considering the juvenile record when sentencing for multiple convictions including both
felonies or aggravated misdemeanors and for simple or serious misdemeanors. State
v. Cheatheam, 569 N.W.2d 820 (Iowa 1997).
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I. MAGISTRATE EXCEPTIONS JUVENILE JURISDICTION
Under Iowa Code Section 232.8(1)(b), all law violations committed by a minor are
to be presented in Juvenile Court as delinquency actions, EXCEPT the following
violations, which if committed by an adult would be simple misdemeanors and to be
prosecuted in magistrate court:
CODE CHAPTER
VIOLATION
321
Motor Vehicles
321G
Snowmobiles
453A
Cigarette & Tobacco
461A
Public Lands & Waters
461B
Use of State Waters by Non-residents
462A
Water Navigation Regulations
481A
Wildlife Conservation
481B
Endangered Plants & Wildlife
483A
Fish & Game Licenses
484A
Migratory Waterfowl
484B
Hunting Preserves
N/A
City Curfew & City Traffic Ordinances
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J. JUVENILE COURT JURISDICTION EXCLUSIONS
VIOLATIONS EXCLUDED FROM JUVENILE COURT JURISDICTION
UNLESS REVERSED WAIVED. These cases begin in adult criminal court.
Violations by a child, age sixteen or older, which subject the child to the
provisions of section 124.401(1)(e) or (f) [felony drug charges], or violations of
section 723A.2 [criminal gang participation] which involve a violation of chapter
724
[weapons], or violation of chapter 724 [weapons] which constitutes a
felony, or violations which constitute a forcible felony are excluded from the
jurisdiction of the juvenile court and shall be prosecuted as otherwise provided by
law unless the court transfers jurisdiction of the child to the juvenile court upon
motion and for good cause.
Iowa Code Section 232.8(1)(c).
EXCEPTIONS TO JUVENILE COURT JURISDICTION:
1. Possession, Manufacture or Delivery of Controlled Substance while
armed with a firearm or offensive weapon;
2. Criminal Gang Participation with a Weapon
3. Felony Weapon charges - Unlawful possession of offensive weapons
[Section 724.3 - Class D felony]; Carrying weapons on school grounds [Section
724.4B - Class D felony]; Trafficking in stolen weapons [Section 724.16A - D
felony]; Giving False information when acquiring weapon [Section 724.21 - D
felony]; and Reckless Use of a Firearm if either a bodily injury or serious bodily
injury occurs [Section 724.30 - Class D or C felony]
4. Forcible felonies.
A forcible felony is any felonious child endangerment, assault, murder, sexual
abuse, kidnapping, robbery, arson in the first degree, or burglary in the first degree.
However, willful injury in violation of section 708.4(2), sexual abuse in the third degree
committed between spouses, sexual abuse in violation of section 709.4(2)(c)(4), sexual
exploitation by a counselor or therapist in violation of section 709.15, or child
endangerment resulting in bodily injury to a child in violation of section 726.6(2A) is not
a forcible felony. Iowa Code Section 702.11.
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Attempted murder, although not specifically listed in Section 702.11 as a forcible
felony, qualifies as a forcible felony because it is a felonious assault which are by
definition forcible felonies. See State v. Powers, 278 N.W.2d 26, 29 (Iowa 1979). Thus
because the minor was 16 years of age, the charge of attempted murder was exempted
from the original jurisdiction of the juvenile court under Section 232.8(1)(c) and
appropriately filed in adult court subject to the reverse waiver procedure. State v. Terry,
569 N.W.2d 364 (Iowa 1997).
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