232.149B Public records orders.
1. A rebuttable presumption exists that official juvenile court records in delinquency proceedings that do not involve an allegation of delinquency that would be a forcible felony offense if committed by an adult shall remain confidential as provided by section 232.147.
2. Upon application of any person or upon the court’s own motion at any time prior to the termination of juvenile court jurisdiction over the charged juvenile, and after hearing, the court shall order the official juvenile court records in such a delinquency proceeding to be public records if any of the following apply:
a. The public’s interest in making the records public outweighs the juvenile’s interest in maintaining the confidentiality of the records.
b. The juvenile has been placed on youthful offender status pursuant to section 232.45, subsection 7, and section 907.3A, subsection 1, and will be transferred back to the district court for sentencing prior to the child’s eighteenth birthday.
3. Upon application of any person or upon the court’s own motion at any time prior to the termination of juvenile court jurisdiction over the charged juvenile, and after hearing, the court may order the official juvenile court records in such a delinquency proceeding to be public records if the juvenile has been subsequently adjudicated delinquent for a public offense that would be a serious misdemeanor, aggravated misdemeanor, or felony offense if committed by an adult, or another delinquency proceeding is pending seeking such an adjudication.
4. Records subject to a public records order may be sealed at a later date pursuant to section 232.150.
2016 Acts, ch 1002, §13, 17
Referred to in §13B.4A, 216A.136, 232.11, 232.91, 232.150, 232.151, 232C.4, 692.2, 692A.121, 915.25
Section applies to juvenile delinquency proceedings which are pending or arise on or after July 1, 2016; 2016 Acts, ch 1002, §17
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