Iowa Code § 232.147

Current through March 29, 2024

Section 232.147 - Confidentiality of juvenile court records

1. Juvenile court social records shall be confidential. They shall not be inspected and their contents shall not be disclosed except as provided in this section or as authorized by other provisions in this chapter.

2. Official juvenile court records in all cases except those alleging delinquency shall be confidential and are not public records. Confidential records may be inspected and their contents shall be disclosed to the following without court order, provided that a person or entity who inspects or receives a confidential record under this subsection shall not disclose the confidential record or its contents unless required by law:

a. The judge and professional court staff, including juvenile court officers.

b. The child and the child's counsel.

c. The child's parent, guardian, or custodian, court appointed special advocate, and guardian ad litem, and the members of the child advocacy board created in section 237.16 or a local citizen foster care review board created in accordance with section 237.19 who are assigning or reviewing the child's case.

d. The county attorney, the county attorney's assistants, or the attorney representing the state in absence of the county attorney.

e. An agency, individual, association, facility, or institution responsible for the care, treatment, or supervision of the child pursuant to a court order or voluntary placement agreement with the department, juvenile officer, or intake officer.

f. A court, court professional staff, and adult probation officers in connection with the preparation of a presentence report concerning a person who prior thereto had been the subject of a juvenile court proceeding.

g. The child's foster parent or an individual providing preadoptive care to the child.

h. The state public defender.

i. The statistical analysis center for the purposes stated in section 216A.136.

j. The department.

3. Official juvenile court records in all cases alleging the commission of a delinquent act except those alleging the commission of a delinquent act that would be a forcible felony if committed by an adult shall be confidential and are not public records. Unless an order sealing such confidential records in a delinquency proceeding has been entered pursuant to section 232.150, confidential records may be inspected and their contents shall be disclosed to the following without court order, provided that a person or entity who inspects or receives a confidential record under this subsection shall not disclose the confidential record or its contents unless required by law:

a. The judge and professional court staff, including juvenile court officers.

b. The child and the child's counsel.

c. The child's parent, guardian, or custodian, court appointed special advocate, guardian ad litem, and the members of the child advocacy board created in section 237.16 or a local citizen foster care review board created in accordance with section 237.19 who are assigning or reviewing the child's case.

d. The county attorney, the county attorney's assistants, or the attorney representing the state in absence of the county attorney.

g. The state public defender.

h. The department.

i. The department of corrections.

j. A judicial district department of correctional services.

k. The board of parole.

l. The superintendent or the superintendent's designee of the school district for the school attended by the child or the authorities in charge of an accredited nonpublic school attended by the child.

m. A member of the armed forces of the United States who is conducting a background investigation of an individual pursuant to federal law.

n. The statistical analysis center for the purposes stated in section 216A.136.

o. A state or local law enforcement agency.

p. The alleged victim of the delinquent act.

q. An individual involved in the operation of a juvenile diversion program, who may also receive from a state or local law enforcement agency police reports and related information that assist in the operation of the juvenile diversion program.

4. Official juvenile court records containing a petition or complaint alleging the commission of a delinquent act that would be a forcible felony if committed by an adult shall be public records subject to a confidentiality order under section 232.149A or sealing under section 232.150. However, such official records shall not be available to the public or any governmental agency through the internet or in an electronic customized data report unless the child has been adjudicated delinquent in the matter. However, such official juvenile court records shall be disclosed through the internet or in an electronic customized data report prior to the child being adjudicated delinquent to the following without court order:

a. The judge and professional court staff, including juvenile court officers.

b. The child and the child's counsel.

d. The county attorney, the county attorney's assistants, or the attorney representing the state in absence of the county attorney.

e. A court, court professional staff, and adult probation officers in connection with the preparation of a presentence report concerning a person who prior thereto had been the subject of a juvenile court proceeding.

f. An agency, individual, association, facility, or institution responsible for the care, treatment, or supervision of the child pursuant to a court order or voluntary placement agreement with the department, juvenile court officer, or intake officer.

g. A state or local law enforcement agency.

h. The state public defender.

i. The statistical analysis center for the purposes stated in section 216A.136.

j. The department.

k. The department of corrections.

l. A judicial district department of correctional services.

m. The board of parole.

n. The superintendent or the superintendent's designee of the school district for the school attended by the child or the authorities in charge of an accredited nonpublic school attended by the child.

o. A member of the armed forces of the United States who is conducting a background investigation of an individual pursuant to federal law.

p. The alleged victim of the delinquent act.

5. If the court has excluded the public from a hearing pursuant to section 232.39 or 232.92, the transcript of the proceedings shall not be deemed a public record and inspection and disclosure of the contents of the transcript shall not be permitted except pursuant to a court order or unless otherwise provided in this chapter.

6. Delinquency complaints under section 232.28 shall be released in accordance with section 915.25. Other official juvenile court records in a delinquency proceeding that are public records under this section and that have not been made confidential pursuant to section 232.149A or sealed pursuant to section 232.150 may be released under this section by a juvenile court officer.

7. Official juvenile court records enumerated in section 232.2, subsection 44, paragraph "e", relating to paternity, support, or the termination of parental rights, shall be disclosed, upon request, to child support services without court order.

8. Pursuant to court order, official juvenile court records may be inspected by and their contents may be disclosed to:

a. A person conducting bona fide research for research purposes under whatever conditions the court may deem proper, provided that no personal identifying data shall be disclosed to such a person.

b. Persons who have a direct interest in a proceeding or in the work of the court.

9. Social records prior to adjudication may be disclosed without court order to the superintendent or superintendent's designee of a school district, authorities in charge of an accredited nonpublic school, or any other state or local agency that is part of the juvenile justice system, in accordance with an interagency agreement established under section 280.25. The disclosure shall only include identifying information that is necessary to fulfill the purpose of the disclosure. The social records disclosed shall be used solely for the purpose of determining the programs and services appropriate to the needs of the child or the family of the child and shall not be disclosed for any other purpose unless otherwise provided by law.

10. Subject to restrictions imposed by sections 232.48, subsection 4, and 232.97, subsection 3, all juvenile court records shall be made available for inspection and their contents shall be disclosed to any party to the case and the party's counsel and to any trial or appellate court in connection with an appeal pursuant to subchapter VI.

11. The clerk of the district court shall enter information from the juvenile record on the judgment docket and lien index, but only as necessary to record support judgments.

12. The state agency designated to enforce support obligations may release information as necessary in order to meet statutory responsibilities.

13. Release of official juvenile court records to a victim of a delinquent act is subject to the provisions of section 915.24, notwithstanding contrary provisions of this chapter.

14. Notwithstanding any provision of this section or a confidentiality order entered pursuant to section 232.149A, the juvenile court shall notify the department of transportation as required by sections 321.213 and 321.213A.

15. The confidentiality of a final adjudication of delinquency under this section or pursuant to section 232.149A shall not prohibit the state from pleading or proving the adjudication at a subsequent criminal or delinquency proceeding for the purpose of penalty enhancement when a provision of the Code specifically deems the delinquency adjudication to constitute a final conviction.

16. A provision in this section or section 232.149A or 232.150 shall not be construed to limit or restrict the production, use, or introduction of official juvenile court records in any juvenile or adult criminal proceeding, where such records are relevant and deemed admissible under any other provision of the law.

17. A provision in this section or section 232.149A shall not limit or prohibit individuals from performing any duties or responsibilities as required by section 123.47B, 124.415, 232.47, 232.49, or 321J.2B.

18. Notwithstanding any provision of this section or section 232.149A to the contrary, if the child has been discharged from the jurisdiction of the juvenile court in a delinquency proceeding due to reaching the age of eighteen and restitution remains unpaid, the name of the court, the title of the action, and the court's file number shall not be kept confidential, and the restitution amount shall be a judgment and lien as provided in sections 910.7A, 910.8, 910.10, and 915.28 until the restitution is paid.

19. Notwithstanding any other provision of law, a public record which is confidential under the provisions of this chapter shall only be subject to release upon order of a court in a proceeding under this chapter.

20. Notwithstanding any other provision of law to the contrary, the department may inspect, and the court shall disclose to the department, records that are confidential under this section if the records were filed in a proceeding under subchapter III, IV, or V of this chapter to which the department is a participant.

Iowa Code § 232.147

83 Acts, ch 186, §10057, 10201; 84 Acts, ch 1208, §2; 90 Acts, ch 1271, §1508; 92 Acts, ch 1195, §301; 93 Acts, ch 172, §35, 56; 95 Acts, ch 191, §15; 96 Acts, ch 1110, §3; 97 Acts, ch 164, §4; 98 Acts, ch 1090, §63, 83, 84; 2000 Acts, ch 1123, §2; 2001 Acts, ch 79, §1; 2005 Acts, ch 55, §2; 2006 Acts, ch 1164, §1; 2006 Acts, ch 1185, §76; 2009 Acts, ch 41, §263; 2013 Acts, ch 116, § 3; 2015 Acts, ch 58, §1; 2016 Acts, ch 1002, § 4 - 9, 17; 2018 Acts, ch 1153, §5 - 7; 2020 Acts, ch 1062, § 36; 2023 Acts, ch 19, § 627 - 630

Amended by 2024 Iowa, ch Chapter 1075,s 4, eff. 7/1/2024.

Amended by 2023 Iowa, ch 19, s 630, eff. 7/1/2023.

Amended by 2023 Iowa, ch 19, s 629, eff. 7/1/2023.

Amended by 2023 Iowa, ch 19, s 628, eff. 7/1/2023.

Amended by 2023 Iowa, ch 19, s 627, eff. 7/1/2023.

Amended by 2020 Iowa, ch 1062, s 36, eff. 7/1/2020.

Amended by 2018 Iowa, ch 1153, s 7, eff. 7/1/2018.

Amended by 2018 Iowa, ch 1153, s 6, eff. 7/1/2018.

Amended by 2018 Iowa, ch 1153, s 5, eff. 7/1/2018.

Amended by 2016 Iowa, ch 1002, s 9, eff. 7/1/2016.

Amended by 2016 Iowa, ch 1002, s 8, eff. 7/1/2016.

Amended by 2016 Iowa, ch 1002, s 7, eff. 7/1/2016.

Amended by 2016 Iowa, ch 1002, s 6, eff. 7/1/2016.

Amended by 2016 Iowa, ch 1002, s 5, eff. 7/1/2016.

Amended by 2016 Iowa, ch 1002, s 4, eff. 7/1/2016.

Amended by 2015 Iowa, ch 58, s 1, eff. 7/1/2015.

Amended by 2013 Iowa, ch 116, s 3, eff. 7/1/2013.

C66, 71, 73, 75, 77, § 232.54, 232.57; C79, 81, §232.147; 82 Acts, ch 1209, §16
83 Acts, ch 186, §10057, 10201; 84 Acts, ch 1208, §2; 90 Acts, ch 1271, §1508; 92 Acts, ch 1195, §301; 93 Acts, ch 172, §35, 56; 95 Acts, ch 191, §15; 96 Acts, ch 1110, §3; 97 Acts, ch 164, §4; 98 Acts, ch 1090, §63, 83, 84; 2000 Acts, ch 1123, §2; 2001 Acts, ch 79, §1; 2005 Acts, ch 55, §2; 2006 Acts, ch 1164, §1; 2006 Acts, ch 1185, §76; 2009 Acts, ch 41, §263

Referred to in §13B.4A, 135L.3, 216A.136, 228.6, 232.3A, 232.19, 232.91, 232.103A, 232.103B, 232.149A, 232.149B, 232.150, 232.151, 232C.4, 235A.17, 280.25, 692.2, 692A.121, 915.10A, 915.25

Subsection 2, paragraphs c, e, and j amended

Subsection 3, paragraphs c, e, and h amended

Subsection 4, paragraphs c, f, and j amended

Subsection 7 amended