Iowa

Lower Age: None specified

Upper Age: 17


Discretionary Waiver Iowa Code Sec. 232.45

In the case of a child of at least 14 accused of a public offense, on motion of either the child or the county attorney, the juvenile court must hold a hearing to determine whether to waive jurisdiction. Prior to the hearing, an investigative report on the child must be submitted to the court by the juvenile probation officer or other designated person. At the conclusion of the hearing, the court may waive jurisdiction if it finds (1) that there is probable cause to believe the child committed a public offense (or if it has already found probable cause at a previous detention hearing) and (2) that the State has established that there are no reasonable prospects for rehabilitation within the juvenile court system and that waiver would be in the best interests of the child and the community. The law specifies various factors to be considered by the court in making this determination.



[Note—Slightly different standards apply when the court is considering a motion for waiver for the purpose of prosecuting the child as a "youthful offender" rather than as an adult. (The trial of a youthful offender takes place in adult court, but upon conviction the sentencing is deferred, and supervision over the child is transferred back to the juvenile court, until the child's 18th birthday; at that time the adult court has a number of sentencing options, including continuing the child on youthful offender status, entering a sentence, suspending the sentence, placing the child on probation, etc.) Waiver for purposes of youthful offender prosecution is permitted in the case of a child no older than 15 if the court, after considering the best interests of the child and the community as well as a number of other determinative factors specified by statute, finds that (1) there is probable cause to believe the child committed an offense that would have been excluded from juvenile court jurisdiction if the child had been 16 and (2) the State has established that there are no reasonable prospects for rehabilitating the child before his 18th birthday within the juvenile court system.]


Offense Category Minimum Age Offense Detail

Any Criminal 14 Any public offense.

Certain Felonies 15 Felony or forcible felony.


Statutory Exclusion Iowa Code Sec. 232.8

Designated offenses committed by a child 16 or older are excluded from juvenile court jurisdiction and prosecuted in adult court.


Offense Category Minimum Age Offense Detail

Certain Felonies 16 Forcible felonies.

Drug 16 Manufacturing, delivering, or possessing controlled substances with intent to deliver, while in the immediate possession or control of a firearm or offensive weapon.

Weapon 16 Felony-grade weapons violations, or any weapons violation committed by a criminal street gang member for the benefit of, at the direction of, or in association with a criminal street gang.


Reverse Waiver Iowa Code Sec. 232.8

A child accused of an offense excluded from juvenile jurisdiction may nevertheless be transferred to juvenile court "upon motion and for good cause."


Offense Category Minimum Age Offense Detail

Any Criminal 14 Any public offense.


Once an Adult, Always Iowa Code Sec. 232.45A

Once a child 16 or older has been waived to and convicted of a felony or aggravated misdemeanor in district court, provided the child was prosecuted and convicted as an adult (and not as a youthful offender), proceedings against the child for any subsequent felonies or aggravated misdemeanors must be commenced in district court. If such a case is mistakenly begun in juvenile court, it must be immediately transferred to district court.