H.F. 2443 Section 1. Section 232.2, subsection 12, Code 2018, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . d. The violation of sections 716.7 and 3 716.8, which is committed by a child. 4 Sec. 2. Section 232.2, Code 2018, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 32A. “Juvenile diversion program” means 7 an organized effort to coordinate services for a child who 8 is alleged to have committed a delinquent act, when the 9 organized effort results in the dismissal of a complaint 10 alleging the commission of the delinquent act or results in 11 informally proceeding without a complaint being filed against 12 the child, and which does not result in an informal adjustment 13 agreement involving juvenile court services or the filing of 14 a delinquency petition. 15 Sec. 3. Section 232.8, subsection 2, Code 2018, is amended 16 to read as follows: 17 2. a. A case involving a person charged in a court other 18 than the juvenile court with the commission of a public offense 19 not exempted by law from the jurisdiction of the juvenile 20 court and who is within the provisions of subsection 1 of this 21 section shall immediately be transferred to the juvenile court. 22 The transferring court shall order a transfer and shall forward 23 the transfer order together with all papers, documents and a 24 transcript of all testimony filed or admitted into evidence 25 in connection with the case to the clerk of the juvenile 26 court. The jurisdiction of the juvenile court shall attach 27 immediately upon the signing of an order of transfer. From the 28 time of transfer, the custody, shelter care and detention of 29 the person alleged to have committed a delinquent act shall be 30 in accordance with the provisions of this chapter and the case 31 shall be processed in accordance with the provisions of this 32 chapter . 33 b. Upon completion of the transfer to juvenile court, 34 the court shall file an order dismissing the charge in the 35 -1- HF 2443 (2) 87 hb/rj/md 1/ 8

H.F. 2443 transferring court and directing the clerk of court to seal all 1 records of the charge initiated in the transferring court. 2 Sec. 4. Section 232.44, subsection 1, paragraph a, Code 3 2018, is amended to read as follows: 4 a. A hearing shall be held within forty-eight hours, 5 excluding Saturdays, Sundays, and legal holidays, two working 6 days of the time of the child’s admission to a shelter care 7 facility , and within twenty-four hours, excluding Saturdays, 8 Sundays, and legal holidays, one working day of the time of a 9 child’s admission to a detention facility. If the hearing is 10 not held within the time specified in this paragraph, except 11 for good cause shown, the child shall be released from shelter 12 care or detention. 13 Sec. 5. Section 232.147, Code 2018, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 1A. Official juvenile court records 16 in all cases except those alleging delinquency shall be 17 confidential and are not public records. Confidential records 18 may be inspected and their contents shall be disclosed to the 19 following without court order, provided that a person or entity 20 who inspects or receives a confidential record under this 21 subsection shall not disclose the confidential record or its 22 contents unless required by law: 23 a. The judge and professional court staff, including 24 juvenile court officers. 25 b. The child and the child’s counsel. 26 c. The child’s parent, guardian or custodian, court 27 appointed special advocate, and guardian ad litem, and 28 the members of the child advocacy board created in section 29 237.16 or a local citizen foster care review board created in 30 accordance with section 237.19 who are assigning or reviewing 31 the child’s case. 32 d. The county attorney, the county attorney’s assistants, or 33 the attorney representing the state in absence of the county 34 attorney. 35 -2- HF 2443 (2) 87 hb/rj/md 2/ 8

H.F. 2443 e. An agency, individual, association, facility, or 1 institution responsible for the care, treatment, or supervision 2 of the child pursuant to a court order or voluntary placement 3 agreement with the department of human services, juvenile 4 officer, or intake officer. 5 f. A court, court professional staff, and adult probation 6 officers in connection with the preparation of a presentence 7 report concerning a person who prior thereto had been the 8 subject of a juvenile court proceeding. 9 g. The child’s foster parent or an individual providing 10 preadoptive care to the child. 11 h. The state public defender. 12 i. The statistical analysis center for the purposes stated 13 in section 216A.136. 14 j. The department of human services. 15 Sec. 6. Section 232.147, subsections 2 and 3, Code 2018, are 16 amended to read as follows: 17 2. Official juvenile court records in all cases alleging 18 the commission of a delinquent act except those alleging the 19 commission of a delinquent act that would be a forcible felony 20 if committed by an adult shall be confidential and are not 21 public records. Unless an order sealing such confidential 22 records in a delinquency proceeding has been entered pursuant 23 to section 232.150 , confidential records may be inspected and 24 their contents shall be disclosed to the following without 25 court order, provided that a person or entity who inspects or 26 receives a confidential record under this section subsection 27 shall not disclose the confidential record or its contents 28 unless required by law: 29 a. The judge and professional court staff, including 30 juvenile court officers. 31 b. The child and the child’s counsel. 32 c. The child’s parent, guardian or custodian, court 33 appointed special advocate, and guardian ad litem, and 34 the members of the child advocacy board created in section 35 -3- HF 2443 (2) 87 hb/rj/md 3/ 8

H.F. 2443 237.16 or a local citizen foster care review board created in 1 accordance with section 237.19 who are assigning or reviewing 2 the child’s case. 3 d. The county attorney , and the county attorney’s 4 assistants , or the attorney representing the state in absence 5 of the county attorney . 6 e. An agency, individual, association, facility , or 7 institution which has custody of the child, or is legally 8 responsible for the care, treatment , or supervision of the 9 child , including but not limited to the department of human 10 services pursuant to a court order or voluntary placement 11 agreement with the department of human services, juvenile court 12 officer, or intake officer . 13 f. A court, court professional staff, and adult probation 14 officers in connection with the preparation of a presentence 15 report concerning a person who prior thereto had been the 16 subject of a juvenile court delinquency proceeding. 17 g. The child’s foster parent or an individual providing 18 preadoptive care to the child. 19 h. g. The state public defender. 20 h. The department of human services. 21 i. The department of corrections. 22 j. A judicial district department of correctional services. 23 k. The board of parole. 24 l. The superintendent or the superintendent’s designee of 25 the school district for the school attended by the child or 26 the authorities in charge of an accredited nonpublic school 27 attended by the child. 28 m. A member of the armed forces of the United States who is 29 conducting a background investigation of an individual pursuant 30 to federal law. 31 n. The statistical analysis center for the purposes stated 32 in section 216A.136 . 33 o. A state or local law enforcement agency. 34 p. The alleged victim of the delinquent act. 35 -4- HF 2443 (2) 87 hb/rj/md 4/ 8

H.F. 2443 q. An individual involved in the operation of a juvenile 1 diversion program, who may also receive from a state or local 2 law enforcement agency police reports and related information 3 that assist in the operation of the juvenile diversion program. 4 3. Official juvenile court records containing a petition 5 or complaint alleging the commission of a delinquent act that 6 would be a forcible felony if committed by an adult shall be 7 public records subject to a confidentiality order under section 8 232.149A or sealing under section 232.150 . However, such 9 official records shall not be available to the public or any 10 governmental agency through the internet or in an electronic 11 customized data report unless the child has been adjudicated 12 delinquent in the matter. However, such official juvenile 13 court records shall be disclosed through the internet or in 14 an electronic customized data report prior to the child being 15 adjudicated delinquent to the following without court order: 16 a. The judge and professional court staff, including 17 juvenile court officers. 18 b. The child and the child’s counsel or guardian ad litem . 19 c. The child’s parent, guardian or custodian, 20 court-appointed special advocate, guardian ad litem, and 21 the members of the child advocacy board created in section 22 237.16 or a local citizen foster care review board created in 23 accordance with section 237.19 who are assigning or reviewing 24 the child’s case. 25 c. d. The county attorney , and the county attorney’s 26 assistants , or the attorney representing the state in absence 27 of the county attorney . 28 d. e. A court, court professional staff, and adult 29 probation officers in connection with the preparation of a 30 presentence report concerning a person who prior thereto had 31 been the subject of a juvenile court proceeding. 32 f. An agency, individual, association, facility, or 33 institution responsible for the care, treatment, or supervision 34 of the child pursuant to a court order or voluntary placement 35 -5- HF 2443 (2) 87 hb/rj/md 5/ 8

H.F. 2443 agreement with the department of human services, juvenile court 1 officer, or intake officer. 2 e. g. A state or local law enforcement agency. 3 f. h. The state public defender. 4 g. i. The statistical analysis center for the purposes 5 stated in section 216A.136 . 6 h. j. The department of human services. 7 i. k. The department of corrections. 8 j. l. A judicial district department of correctional 9 services. 10 k. m. The board of parole. 11 n. The superintendent or the superintendent’s designee of 12 the school district for the school attended by the child or 13 the authorities in charge of an accredited nonpublic school 14 attended by the child. 15 o. A member of the armed forces of the United States who is 16 conducting a background investigation of an individual pursuant 17 to federal law. 18 p. The alleged victim of the delinquent act. 19 q. An individual involved in the operation of a juvenile 20 diversion program, who may also receive from a state or local 21 law enforcement agency police reports and related information 22 that assist in the operation of the juvenile diversion program. 23 Sec. 7. Section 232.147, subsection 16, Code 2018, is 24 amended to read as follows: 25 16. A provision in this section or section 232.149A shall 26 not limit or prohibit individuals from performing any duties 27 or responsibilities as required by section 123.47B , 124.415 , 28 232.47 , or 232.49 , or 321J.2B . 29 Sec. 8. Section 232.149, subsection 2, Code 2018, is amended 30 to read as follows: 31 2. Records and files of a criminal or juvenile justice 32 agency, an intake officer, or a juvenile court officer 33 concerning a child involved in a delinquent act are 34 confidential. The records are subject to sealing under section 35 -6- HF 2443 (2) 87 hb/rj/md 6/ 8

H.F. 2443 232.150 unless the juvenile court waives its jurisdiction over 1 the child so that the child may be prosecuted as an adult for 2 a public offense. A criminal or juvenile justice agency may 3 disclose to individuals involved in the operation of a juvenile 4 diversion program police reports and related information that 5 assist in the operation of the juvenile diversion program. 6 Sec. 9. Section 232.149, Code 2018, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 6. Notwithstanding subsections 2 and 5, 9 information from such records and files may be disclosed by 10 a juvenile justice agency, intake officer, or juvenile court 11 officer, when making referrals for placement of the child, to 12 an agency, individual, association, facility, or institution 13 that will have physical custody of the child, or will become 14 responsible for the care, treatment, or supervision of the 15 child upon placement. 16 Sec. 10. Section 232.150, subsection 4, paragraph a, Code 17 2018, is amended to read as follows: 18 a. All agencies and persons having custody of records which 19 are named therein, shall send such records to the court issuing 20 the order. Maintenance or destruction of these records shall 21 be prescribed by the state court administrator. 22 Sec. 11. Section 232.151, Code 2018, is amended to read as 23 follows: 24 232.151 Criminal penalties. 25 1. Any person who knowingly discloses, receives, or makes 26 use or permits the use of information derived directly or 27 indirectly from the records concerning a child referred to in 28 sections 232.147 through 232.150 , except as provided by those 29 sections or section 13B.4B, subsection 2 , paragraph “c” , shall 30 be guilty of a serious misdemeanor. 31 2. This section does not apply to a person or entity 32 authorized to receive or inspect the contents of confidential 33 official juvenile court records, or the confidential records 34 of a criminal or juvenile justice agency, juvenile court 35 -7- HF 2443 (2) 87 hb/rj/md 7/ 8

H.F. 2443 officer, or juvenile intake officer, when such person or entity 1 discloses such information to another person or entity also 2 authorized to receive or inspect the confidential information, 3 or discloses to a witness or other interested person the date, 4 time, and nature of a court proceeding concerning the child 5 in order to secure the appearance of the witness or other 6 interested person at the proceeding. 7 Sec. 12. Section 692.2, subsection 1, paragraph b, Code 8 2018, is amended by adding the following new subparagraph: 9 NEW SUBPARAGRAPH . (7) Absent an order determining official 10 juvenile court records to be public records entered pursuant 11 to section 232.149B, adjudication and custody data that are 12 deemed or ordered to be confidential pursuant to section 13 232.147, 232.149, or 232.149A, or that are sealed by court 14 order pursuant to section 232.150, shall not be provided 15 by the department, except as necessary for the purpose of 16 administering chapter 692A. 17 Sec. 13. Section 803.1, Code 2018, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 5. If it is determined that charges were 20 erroneously filed in district court against an individual under 21 the age of eighteen and the juvenile court holds exclusive 22 jurisdiction, the court shall file an order dismissing the 23 charge in district court and directing the clerk of court to 24 seal all records of the charge initiated in district court. 25 Sec. 14. Section 803.6, subsection 4, Code 2018, is amended 26 to read as follows: 27 4. If after the hearing the court transfers jurisdiction 28 over the defendant to the juvenile court for the alleged 29 commission of the public offense, the court shall forward the 30 transfer order together with all papers, documents, and a 31 transcript of all testimony filed or admitted into evidence in 32 connection with the case to the clerk of the juvenile court in 33 the same manner as provided in section 232.8, subsection 2 , and 34 the clerk shall seal all records initiated in district court . 35 -8- HF 2443 (2) 87 hb/rj/md 8/ 8