Read the full stored bill text
House
File
373
-
Introduced
HOUSE
FILE
373
BY
LOHSE
A
BILL
FOR
An
Act
relating
to
legal
representation
for
children
who
are
1
placed
in,
or
may
be
placed
in,
foster
care.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
232.89,
subsection
2,
Code
2025,
is
1
amended
by
striking
the
subsection
and
inserting
in
lieu
2
thereof
the
following:
3
2.
a.
Upon
the
filing
of
a
petition,
the
court
shall:
4
(1)
Appoint
counsel
for
a
child
identified
in
the
petition
5
as
a
party
to
the
proceedings
if
the
child
is
ten
years
of
age
6
or
older.
7
(2)
Appoint
counsel
and
a
guardian
ad
litem
for
a
child
8
identified
in
the
petition
as
a
party
to
the
proceedings
if
the
9
child
is
younger
than
ten
years
of
age.
10
b.
If
counsel
has
previously
been
appointed
for
the
child
11
pursuant
to
section
232.11,
232.113,
or
232.126,
or
a
guardian
12
ad
litem
has
previously
been
appointed
for
the
child
in
a
13
proceeding
under
subchapter
II
or
a
proceeding
in
which
the
14
court
has
waived
jurisdiction
under
section
232.45,
the
court
15
shall
appoint
the
same
counsel
or
guardian
ad
litem
upon
the
16
filing
of
the
petition
under
this
part.
17
c.
Counsel
shall
be
appointed
for
a
child,
subject
to
the
18
following:
19
(1)
If
the
child
is
represented
by
counsel
and
the
court
20
determines
there
is
a
conflict
of
interest
between
the
child
21
and
the
child’s
parent,
guardian,
putative
father,
or
custodian
22
and
that
the
retained
counsel
cannot
properly
represent
the
23
child
as
a
result
of
the
conflict,
the
court
shall
appoint
24
other
counsel
to
represent
the
child
and
that
counsel
shall
25
be
compensated
pursuant
to
section
232.141,
subsection
2,
26
paragraph
“b”
.
27
(2)
If
the
child
is
not
represented
by
counsel,
the
court
28
shall
either
order
the
parent,
guardian,
or
custodian
to
retain
29
counsel
for
the
child,
or
the
court
shall
appoint
counsel
for
30
the
child,
and
the
counsel
shall
be
compensated
pursuant
to
31
section
232.141,
subsection
2,
paragraph
“b”
.
32
Sec.
2.
Section
232.89,
subsection
4,
Code
2025,
is
amended
33
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
34
following:
35
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373
4.
a.
If
a
child
is
under
the
age
of
ten,
the
same
person
1
may
serve
as
the
child’s
counsel
and
the
child’s
guardian
ad
2
litem.
A
court
may
appoint
a
separate
guardian
ad
litem
if
the
3
court
finds
that
the
same
person
cannot
adequately
represent
4
the
child
as
the
child’s
counsel
while
advocating
for
the
best
5
interests
of
the
child
as
guardian
ad
litem
in
accordance
with
6
section
232.2,
subsection
25,
paragraph
“e”
.
If
a
child’s
7
guardian
ad
litem
is
also
acting
as
the
child’s
counsel,
each
8
report
submitted
to
a
court
by
the
guardian
ad
litem
shall
9
contain
a
statement
indicating
whether
a
separate
guardian
ad
10
litem
is
required
based
on
the
child’s
age
or
the
guardian
ad
11
litem’s
interviews
and
investigations
conducted
up
to
the
time
12
the
report
is
submitted
to
the
court.
13
b.
If
a
child
attains
ten
years
of
age
while
represented
by
14
a
guardian
ad
litem
pursuant
to
this
section,
the
court
shall
15
enter
an
order
discharging
the
guardian
ad
litem
and
appoint
16
counsel
for
the
child
pursuant
to
the
provisions
of
this
17
section.
A
court
may
appoint
a
guardian
ad
litem
discharged
18
pursuant
to
this
subsection
as
counsel
for
the
child
if
the
19
person
can
properly
represent
the
legal
interests
of
the
child.
20
c.
An
attorney
representing
multiple
children
as
the
21
children’s
counsel,
guardian
ad
litem,
or
both,
may
continue
22
to
act
in
the
capacities
to
which
the
attorney
was
appointed,
23
unless
an
appointment
to
represent
a
child
in
a
specific
24
capacity
presents
a
conflict
of
interest
between
the
attorney
25
and
a
child
the
attorney
represents
or
between
children
the
26
attorney
represents.
27
Sec.
3.
Section
232.89,
Code
2025,
is
amended
by
adding
the
28
following
new
subsections:
29
NEW
SUBSECTION
.
5.
If
a
child
remains
in
foster
care
after
30
the
circumstances
which
caused
the
child
to
be
placed
in
foster
31
care
has
resolved,
the
right
to
representation
pursuant
to
this
32
section
shall
continue
until
a
child
is
no
longer
receiving
33
foster
care.
34
NEW
SUBSECTION
.
6.
a.
An
attorney
appointed
under
this
35
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section
as
counsel
for
a
child
shall
perform
the
duties
of
a
1
guardian
ad
litem
as
described
in
section
232.2,
subsection
25,
2
paragraph
“b”
,
subparagraphs
(1),
(2),
(3),
(4),
(6),
(7),
and
3
(9).
4
b.
An
attorney
appointed
under
this
section
as
counsel
for
5
a
child
shall
not
be
required
to
submit
written
reports
to
the
6
court
as
described
in
section
232.2,
subsection
25,
paragraph
7
“b”
,
subparagraph
(8).
8
c.
An
attorney
appointed
under
this
section
as
counsel
for
9
a
child,
to
the
extent
not
prohibited
by
state
or
federal
law,
10
is
authorized
to
do
all
of
the
following:
11
(1)
Interview
persons
relevant
to
the
matter,
including
12
but
not
limited
to
persons
providing
medical,
social,
mental
13
health,
educational,
or
other
services
to
the
child.
14
(2)
Inspect
and
copy
records
relevant
to
the
matter,
15
including
but
not
limited
to
health,
mental
health,
education,
16
and
court
records.
17
(3)
Attend
department
meetings,
case
conferences,
18
and
meetings
with
medical
professionals,
mental
health
19
professionals,
education
providers,
or
persons
providing
other
20
services
to
the
child.
21
Sec.
4.
Section
232.113,
subsection
2,
Code
2025,
is
amended
22
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
23
following:
24
2.
a.
Upon
the
filing
of
a
petition,
the
court
shall:
25
(1)
Appoint
counsel
for
a
child
identified
in
the
petition
26
as
a
party
to
the
proceedings
if
the
child
is
ten
years
of
age
27
or
older.
28
(2)
Appoint
counsel
and
a
guardian
ad
litem
for
a
child
29
identified
in
the
petition
as
a
party
to
the
proceedings
if
the
30
child
is
younger
than
ten
years
of
age.
31
b.
If
counsel
has
previously
been
appointed
for
the
child
32
pursuant
to
section
232.11,
232.89,
or
232.126,
or
a
guardian
33
ad
litem
has
previously
been
appointed
for
the
child
in
a
34
proceeding
under
subchapter
II
or
a
proceeding
in
which
the
35
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373
court
has
waived
jurisdiction
under
section
232.45,
the
court
1
shall
appoint
the
same
counsel
or
guardian
ad
litem
upon
the
2
filing
of
the
petition
under
this
part.
3
c.
Counsel
shall
be
appointed
for
a
child,
subject
to
the
4
following:
5
(1)
If
the
child
is
represented
by
counsel
and
the
court
6
determines
there
is
a
conflict
of
interest
between
the
child
7
and
the
child’s
parent,
guardian,
putative
father,
or
custodian
8
and
that
the
retained
counsel
cannot
properly
represent
the
9
child
as
a
result
of
the
conflict,
the
court
shall
appoint
10
other
counsel
to
represent
the
child
and
that
counsel
shall
11
be
compensated
pursuant
to
section
232.141,
subsection
2,
12
paragraph
“b”
.
13
(2)
If
the
child
is
not
represented
by
counsel,
the
court
14
shall
either
order
the
parent,
guardian,
or
custodian
to
retain
15
counsel
for
the
child,
or
the
court
shall
appoint
counsel
for
16
the
child,
and
that
counsel
shall
be
compensated
pursuant
to
17
section
232.141,
subsection
2,
paragraph
“b”
.
18
Sec.
5.
Section
232.113,
Code
2025,
is
amended
by
adding
the
19
following
new
subsections:
20
NEW
SUBSECTION
.
3.
a.
If
a
child
is
under
the
age
of
21
ten,
the
same
person
may
serve
as
the
child’s
counsel
and
the
22
child’s
guardian
ad
litem.
A
court
may
appoint
a
separate
23
guardian
ad
litem
if
the
court
finds
that
the
same
person
24
cannot
adequately
represent
the
child
as
the
child’s
counsel
25
while
advocating
for
the
best
interests
of
the
child
as
26
guardian
ad
litem
in
accordance
with
section
232.2,
subsection
27
25,
paragraph
“e”
.
If
a
child’s
guardian
ad
litem
is
also
28
acting
as
the
child’s
counsel,
each
report
submitted
to
a
court
29
by
the
guardian
ad
litem
shall
contain
a
statement
indicating
30
whether
a
separate
guardian
ad
litem
is
required
based
on
31
the
child’s
age
or
the
guardian
ad
litem’s
interviews
and
32
investigations
conducted
up
to
the
time
the
report
is
submitted
33
to
the
court.
34
b.
If
a
child
attains
ten
years
of
age
while
represented
by
35
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a
guardian
ad
litem
pursuant
to
this
section,
the
court
shall
1
enter
an
order
discharging
the
guardian
ad
litem
and
appoint
2
counsel
for
the
child
pursuant
to
the
provisions
of
this
3
section.
A
court
may
appoint
a
guardian
ad
litem
discharged
4
pursuant
to
this
subsection
as
counsel
for
the
child
if
the
5
person
can
properly
represent
the
legal
interests
of
the
child.
6
c.
An
attorney
representing
multiple
children
as
the
7
children’s
counsel,
guardian
ad
litem,
or
both,
may
continue
8
to
act
in
the
capacities
to
which
the
attorney
was
appointed,
9
unless
an
appointment
to
represent
a
child
in
a
specific
10
capacity
presents
a
conflict
of
interest
between
the
attorney
11
and
a
child
the
attorney
represents
or
between
children
the
12
attorney
represents.
13
NEW
SUBSECTION
.
4.
If
a
child
remains
in
foster
care
after
14
the
circumstances
which
caused
the
child
to
be
placed
in
foster
15
care
has
resolved,
the
right
to
representation
pursuant
to
this
16
section
shall
continue
until
a
child
is
no
longer
receiving
17
foster
care.
18
NEW
SUBSECTION
.
5.
a.
An
attorney
appointed
under
this
19
section
as
counsel
for
a
child
shall
perform
the
duties
of
a
20
guardian
ad
litem
as
described
in
section
232.2,
subsection
25,
21
paragraph
“b”
,
subparagraphs
(1),
(2),
(3),
(4),
(6),
(7),
and
22
(9).
23
b.
An
attorney
appointed
under
this
section
as
counsel
for
24
a
child
shall
not
be
required
to
submit
written
reports
to
the
25
court
as
described
in
section
232.2,
subsection
25,
paragraph
26
“b”
,
subparagraph
(8).
27
c.
An
attorney
appointed
under
this
section
as
counsel
for
28
a
child,
to
the
extent
not
prohibited
by
state
or
federal
law,
29
is
authorized
to
do
all
of
the
following:
30
(1)
Interview
persons
relevant
to
the
matter,
including
31
but
not
limited
to
persons
providing
medical,
social,
mental
32
health,
educational,
or
other
services
to
the
child.
33
(2)
Inspect
and
copy
records
relevant
to
the
matter,
34
including
but
not
limited
to
health,
mental
health,
education,
35
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and
court
records.
1
(3)
Attend
department
meetings,
case
conferences,
2
and
meetings
with
medical
professionals,
mental
health
3
professionals,
education
providers,
or
persons
providing
other
4
services
to
the
child.
5
Sec.
6.
Section
232.126,
subsection
1,
Code
2025,
is
amended
6
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
7
following:
8
1.
a.
Upon
the
filing
of
a
petition,
the
court
shall:
9
(1)
Appoint
counsel
for
a
child
identified
in
the
petition
10
as
a
party
to
the
proceedings
if
the
child
is
ten
years
of
age
11
or
older.
12
(2)
Appoint
counsel
and
a
guardian
ad
litem
for
a
child
13
identified
in
the
petition
as
a
party
to
the
proceedings
if
the
14
child
is
younger
than
ten
years
of
age.
15
b.
If
counsel
has
previously
been
appointed
for
the
child
16
pursuant
to
section
232.11,
232.89,
or
232.113,
or
a
guardian
17
ad
litem
has
previously
been
appointed
for
the
child
in
a
18
proceeding
under
subchapter
II
or
a
proceeding
in
which
the
19
court
has
waived
jurisdiction
under
section
232.45,
the
court
20
shall
appoint
the
same
counsel
or
guardian
ad
litem
upon
the
21
filing
of
the
petition
under
this
part.
22
c.
Counsel
shall
be
appointed
for
a
child,
subject
to
the
23
following:
24
(1)
If
the
child
is
represented
by
counsel
and
the
court
25
determines
there
is
a
conflict
of
interest
between
the
child
26
and
the
child’s
parent,
guardian,
putative
father,
or
custodian
27
and
that
the
retained
counsel
cannot
properly
represent
the
28
child
as
a
result
of
the
conflict,
the
court
shall
appoint
29
other
counsel
to
represent
the
child
and
that
counsel
shall
30
be
compensated
pursuant
to
section
232.141,
subsection
2,
31
paragraph
“b”
.
32
(2)
If
the
child
is
not
represented
by
counsel,
the
court
33
shall
either
order
the
parent,
guardian,
or
custodian
to
retain
34
counsel
for
the
child,
or
the
court
shall
appoint
counsel
for
35
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the
child,
and
that
counsel
shall
be
compensated
pursuant
to
1
section
232.141,
subsection
2,
paragraph
“b”
.
2
Sec.
7.
Section
232.126,
Code
2025,
is
amended
by
adding
the
3
following
new
subsections:
4
NEW
SUBSECTION
.
3.
a.
If
a
child
is
under
the
age
of
5
ten,
the
same
person
may
serve
as
the
child’s
counsel
and
the
6
child’s
guardian
ad
litem.
A
court
may
appoint
a
separate
7
guardian
ad
litem
if
the
court
finds
that
the
same
person
8
cannot
adequately
represent
the
child
as
the
child’s
counsel
9
while
advocating
for
the
best
interests
of
the
child
as
10
guardian
ad
litem
in
accordance
with
section
232.2,
subsection
11
25,
paragraph
“e”
.
If
a
child’s
guardian
ad
litem
is
also
12
acting
as
the
child’s
counsel,
each
report
submitted
to
a
court
13
by
the
guardian
ad
litem
shall
contain
a
statement
indicating
14
whether
a
separate
guardian
ad
litem
is
required
based
on
15
the
child’s
age
or
the
guardian
ad
litem’s
interviews
and
16
investigations
conducted
up
to
the
time
the
report
is
submitted
17
to
the
court.
18
b.
If
a
child
attains
ten
years
of
age
while
represented
by
19
a
guardian
ad
litem
pursuant
to
this
section,
the
court
shall
20
enter
an
order
discharging
the
guardian
ad
litem
and
appoint
21
counsel
for
the
child
pursuant
to
the
provisions
of
this
22
section.
A
court
may
appoint
a
guardian
ad
litem
discharged
23
pursuant
to
this
subsection
as
counsel
for
the
child
if
the
24
person
can
properly
represent
the
legal
interests
of
the
child.
25
c.
An
attorney
representing
multiple
children
as
the
26
children’s
counsel,
guardian
ad
litem,
or
both,
may
continue
27
to
act
in
the
capacities
to
which
the
attorney
was
appointed,
28
unless
an
appointment
to
represent
a
child
in
a
specific
29
capacity
presents
a
conflict
of
interest
between
the
attorney
30
and
a
child
the
attorney
represents
or
between
children
the
31
attorney
represents.
32
NEW
SUBSECTION
.
4.
If
a
child
remains
in
foster
care
after
33
the
circumstances
which
caused
the
child
to
be
placed
in
foster
34
care
has
resolved,
the
right
to
representation
pursuant
to
this
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section
shall
continue
until
a
child
is
no
longer
receiving
1
foster
care.
2
NEW
SUBSECTION
.
5.
a.
An
attorney
appointed
under
this
3
section
as
counsel
for
a
child
shall
perform
the
duties
of
a
4
guardian
ad
litem
as
described
in
section
232.2,
subsection
25,
5
paragraph
“b”
,
subparagraphs
(1),
(2),
(3),
(4),
(6),
(7),
and
6
(9).
7
b.
An
attorney
appointed
under
this
section
as
counsel
for
8
a
child
shall
not
be
required
to
submit
written
reports
to
the
9
court
as
described
in
section
232.2,
subsection
25,
paragraph
10
“b”
,
subparagraph
(8).
11
c.
An
attorney
appointed
under
this
section
as
counsel
for
12
a
child,
to
the
extent
not
prohibited
by
state
or
federal
law,
13
is
authorized
to
do
all
of
the
following:
14
(1)
Interview
persons
relevant
to
the
matter,
including
15
but
not
limited
to
persons
providing
medical,
social,
mental
16
health,
educational,
or
other
services
to
the
child.
17
(2)
Inspect
and
copy
records
relevant
to
the
matter,
18
including
but
not
limited
to
health,
mental
health,
education,
19
and
court
records.
20
(3)
Attend
department
meetings,
case
conferences,
21
and
meetings
with
medical
professionals,
mental
health
22
professionals,
education
providers,
or
persons
providing
other
23
services
to
the
child.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
legal
representation
for
children
who
28
are
placed
in,
or
may
be
placed
in,
foster
care.
29
The
bill
requires
a
court
to
appoint
counsel
for
a
child
10
30
years
of
age
or
older
when
the
child
is
identified
in
a
child
31
in
need
of
assistance
(CINA)
petition
as
a
party
to
the
CINA
32
proceedings.
33
The
bill
requires
a
court
to
appoint
counsel
and
a
guardian
34
ad
litem
(GAL)
for
a
child
below
10
years
of
age
when
the
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child
is
identified
in
a
CINA
petition
as
a
party
to
the
CINA
1
proceedings.
2
If
a
child
identified
in
a
CINA
petition
already
has
counsel
3
in
a
juvenile
delinquency
matter
or
parental
termination
4
proceeding,
or
a
GAL
has
previously
been
appointed
for
5
the
child
in
a
juvenile
delinquency
proceeding
or
a
matter
6
involving
a
public
offense
in
which
the
court
has
waived
7
jurisdiction,
the
bill
requires
the
court
to
appoint
the
same
8
counsel
or
GAL
upon
the
filing
of
the
CINA
petition.
9
The
bill
requires
a
court
to
appoint
alternate
counsel
to
10
represent
a
child
if
the
child
is
represented
by
counsel
and
11
the
court
determines
there
is
a
conflict
of
interest
between
12
the
child
and
the
child’s
parent,
guardian,
putative
father,
13
or
custodian
and
that
the
retained
counsel
cannot
properly
14
represent
the
child
as
a
result
of
the
conflict.
15
When
appointing
counsel
for
a
child
in
a
CINA
proceeding,
16
the
bill
requires
a
court
to
either
order
the
parent,
guardian,
17
or
custodian
to
retain
counsel
for
the
child,
or
counsel
be
18
appointed
for
the
child.
19
The
bill
requires
a
court
to
discharge
the
GAL
for
a
child
20
in
a
CINA
proceeding
and
appoint
counsel
for
the
child
upon
21
the
child
attaining
10
years
of
age.
A
discharged
GAL
may
22
be
appointed
counsel
for
a
child
if
the
person
can
properly
23
represent
the
legal
interests
of
the
child.
24
The
bill
allows
an
attorney
representing
multiple
children
25
as
the
children’s
counsel,
GAL,
or
both,
to
continue
to
act
26
in
the
capacities
to
which
the
attorney
was
appointed
unless
27
an
appointment
to
represent
a
child
in
a
specific
capacity
28
presents
a
conflict
of
interest
between
the
attorney
and
a
29
child
the
attorney
represents
or
between
children
the
attorney
30
represents.
31
The
bill
requires
an
attorney
appointed
as
counsel
for
a
32
child
to
perform
certain
duties
listed
in
the
bill
that
are
33
required
of
a
GAL.
The
attorney
is
specifically
exempted
from
34
making
reports
that
a
GAL
would
be
required
to
make.
The
bill
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authorizes
an
attorney
appointed
as
counsel
for
a
child
to
1
perform
several
actions
as
detailed
in
the
bill.
2
If
a
child
remains
in
foster
care
after
the
circumstances
3
which
caused
the
child
to
be
placed
in
foster
care
has
4
resolved,
the
bill
continues
a
child’s
right
to
legal
5
representation
until
the
child
is
no
longer
in
foster
care.
6
The
bill
contains
similar
provisions
relating
to
the
7
appointment
of
counsel
or
a
GAL
for
a
child
in
termination
of
8
parental
rights
proceedings
and
in
family
in
need
of
assistance
9
proceedings.
10
The
bill
requires
the
county
to
make
reasonable
compensation
11
for
an
attorney
appointed
under
the
bill.
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