House File 2209 - Introduced HOUSE FILE 2209 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 TLSB 5658YH (5) 90 dg/ko
H.F. 2209 Section 1. Section 232.89, subsection 2, Code 2024, 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 a guardian ad litem for a child identified in 8 the petition as a party to the proceedings if the child is 9 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 childs 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 2024, is amended 33 by striking the subsection and inserting in lieu thereof the 34 following: 35 -1- LSB 5658YH (5) 90 dg/ko 1/ 7
H.F. 2209 4. If a child attains ten years of age while represented by 1 a guardian ad litem pursuant to this section, the court shall 2 enter an order discharging the guardian ad litem and appoint 3 counsel for the child pursuant to the provisions of this 4 section. A court may appoint a guardian ad litem discharged 5 pursuant to this subsection as counsel for the child if the 6 person can properly represent the legal interests of the child. 7 Sec. 3. Section 232.89, Code 2024, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 5. The right to representation pursuant 10 to this section shall continue until a child is no longer 11 receiving foster care. 12 Sec. 4. Section 232.113, subsection 2, Code 2024, is amended 13 by striking the subsection and inserting in lieu thereof the 14 following: 15 2. a. Upon the filing of a petition, the court shall: 16 (1) Appoint counsel for a child identified in the petition 17 as a party to the proceedings if the child is ten years of age 18 or older. 19 (2) Appoint a guardian ad litem for a child identified in 20 the petition as a party to the proceedings if the child is 21 younger than ten years of age. 22 b. If counsel has previously been appointed for the child 23 pursuant to section 232.11, 232.89, or 232.126, or a guardian 24 ad litem has previously been appointed for the child in a 25 proceeding under subchapter II or a proceeding in which the 26 court has waived jurisdiction under section 232.45, the court 27 shall appoint the same counsel or guardian ad litem upon the 28 filing of the petition under this part. 29 c. Counsel shall be appointed for a child subject to the 30 following: 31 (1) If the child is represented by counsel and the court 32 determines there is a conflict of interest between the child 33 and the childs parent, guardian, putative father, or custodian 34 and that the retained counsel cannot properly represent the 35 -2- LSB 5658YH (5) 90 dg/ko 2/ 7
H.F. 2209 child as a result of the conflict, the court shall appoint 1 other counsel to represent the child and that counsel shall 2 be compensated pursuant to section 232.141, subsection 2, 3 paragraph b . 4 (2) If the child is not represented by counsel, the court 5 shall either order the parent, guardian, or custodian to retain 6 counsel for the child, or the court shall appoint counsel for 7 the child, and that counsel shall be compensated pursuant to 8 section 232.141, subsection 2, paragraph b . 9 Sec. 5. Section 232.113, Code 2024, is amended by adding the 10 following new subsections: 11 NEW SUBSECTION . 3. The court shall determine, after giving 12 the parent, guardian, or custodian an opportunity to be heard, 13 whether the person has the ability to pay in whole or in part 14 for counsel appointed for the child. If the court determines 15 that the person possesses sufficient financial ability, the 16 court shall then consult with the department, the juvenile 17 probation office, or other authorized agency or individual 18 regarding the likelihood of impairment of the relationship 19 between the child and the childs parent, guardian, or 20 custodian as a result of ordering the parent, guardian, or 21 custodian to pay for the childs counsel. If impairment is 22 deemed unlikely, the court shall order that person to pay an 23 amount the court finds appropriate in the manner and to whom 24 the court directs. If the person fails to comply with the 25 order without good reason, the court shall enter judgment 26 against the person. If impairment is deemed likely or if the 27 court determines that the parent, guardian, or custodian cannot 28 pay any part of the expenses of counsel appointed to represent 29 the child, counsel shall be reimbursed pursuant to section 30 232.141, subsection 2, paragraph b . 31 NEW SUBSECTION . 4. If a child attains ten years of age 32 while represented by a guardian ad litem pursuant to this 33 section, the court shall enter an order discharging the 34 guardian ad litem and appoint counsel for the child pursuant to 35 -3- LSB 5658YH (5) 90 dg/ko 3/ 7
H.F. 2209 the provisions of this section. A court may appoint a guardian 1 ad litem discharged pursuant to this subsection as counsel 2 for the child if the person can properly represent the legal 3 interests of the child. 4 NEW SUBSECTION . 5. The right to representation pursuant 5 to this section shall continue until a child is no longer 6 receiving foster care. 7 Sec. 6. Section 232.126, subsection 1, Code 2024, is amended 8 by striking the subsection and inserting in lieu thereof the 9 following: 10 1. a. Upon the filing of a petition, the court shall: 11 (1) Appoint counsel for a child identified in the petition 12 as a party to the proceedings if the child is ten years of age 13 or older. 14 (2) Appoint a guardian ad litem for a child identified in 15 the petition as a party to the proceedings if the child is 16 younger than ten years of age. 17 b. If counsel has previously been appointed for the child 18 pursuant to section 232.11, 232.89, or 232.113, or a guardian 19 ad litem has previously been appointed for the child in a 20 proceeding under subchapter II or a proceeding in which the 21 court has waived jurisdiction under section 232.45, the court 22 shall appoint the same counsel or guardian ad litem upon the 23 filing of the petition under this part. 24 c. Counsel shall be appointed for a child subject to the 25 following: 26 (1) If the child is represented by counsel and the court 27 determines there is a conflict of interest between the child 28 and the childs parent, guardian, putative father, or custodian 29 and that the retained counsel cannot properly represent the 30 child as a result of the conflict, the court shall appoint 31 other counsel to represent the child and that counsel shall 32 be compensated pursuant to section 232.141, subsection 2, 33 paragraph b . 34 (2) If the child is not represented by counsel, the court 35 -4- LSB 5658YH (5) 90 dg/ko 4/ 7
H.F. 2209 shall either order the parent, guardian, or custodian to retain 1 counsel for the child, or the court shall appoint counsel for 2 the child, and that counsel shall be compensated pursuant to 3 section 232.141, subsection 2, paragraph b . 4 Sec. 7. Section 232.126, Code 2024, is amended by adding the 5 following new subsections: 6 NEW SUBSECTION . 3. The court shall determine, after giving 7 the parent, guardian, or custodian an opportunity to be heard, 8 whether the person has the ability to pay in whole or in part 9 for counsel appointed for the child. If the court determines 10 that the person possesses sufficient financial ability, the 11 court shall then consult with the department, the juvenile 12 probation office, or other authorized agency or individual 13 regarding the likelihood of impairment of the relationship 14 between the child and the childs parent, guardian, or 15 custodian as a result of ordering the parent, guardian, or 16 custodian to pay for the childs counsel. If impairment is 17 deemed unlikely, the court shall order that person to pay an 18 amount the court finds appropriate in the manner and to whom 19 the court directs. If the person fails to comply with the 20 order without good reason, the court shall enter judgment 21 against the person. If impairment is deemed likely or if the 22 court determines that the parent, guardian, or custodian cannot 23 pay any part of the expenses of counsel appointed to represent 24 the child, counsel shall be reimbursed pursuant to section 25 232.141, subsection 2, paragraph b . 26 NEW SUBSECTION . 4. If a child attains ten years of age 27 while represented by a guardian ad litem pursuant to this 28 section, the court shall enter an order discharging the 29 guardian ad litem and appoint counsel for the child pursuant to 30 the provisions of this section. A court may appoint a guardian 31 ad litem discharged pursuant to this subsection as counsel 32 for the child if the person can properly represent the legal 33 interests of the child. 34 NEW SUBSECTION . 5. The right to representation pursuant 35 -5- LSB 5658YH (5) 90 dg/ko 5/ 7
H.F. 2209 to this section shall continue until a child is no longer 1 receiving foster care. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanations substance by the members of the general assembly. 5 This bill relates to legal representation for children who 6 are placed in, or may be placed in, foster care. 7 The bill requires a court to appoint counsel for a child 10 8 years of age or older when the child is identified in a child 9 in need of assistance (CINA) petition as a party to the CINA 10 proceedings. 11 The bill requires a court to appoint a guardian ad litem for 12 a child below 10 years of age when the child is identified in a 13 CINA petition as a party to the CINA proceedings. 14 If a child identified in a CINA petition already has counsel 15 in a juvenile delinquency matter or parental termination 16 proceeding, or a guardian ad litem has previously been 17 appointed for the child in a juvenile delinquency proceeding 18 or a matter involving a public offense in which the court has 19 waived jurisdiction, the bill requires the court to appoint the 20 same counsel or guardian ad litem upon the filing of the CINA 21 petition. 22 The bill requires a court to appoint alternate counsel to 23 represent a child if the child is represented by counsel and 24 the court determines there is a conflict of interest between 25 the child and the childs parent, guardian, putative father, 26 or custodian and that the retained counsel cannot properly 27 represent the child as a result of the conflict. 28 When appointing counsel for a child in a CINA proceeding, 29 the bill requires a court to either order the parent, guardian, 30 or custodian to retain counsel for the child, or counsel be 31 appointed for the child. 32 The bill requires a court to discharge the guardian ad litem 33 for a child in a CINA proceeding and appoint counsel for the 34 child upon the child attaining 10 years of age. A discharged 35 -6- LSB 5658YH (5) 90 dg/ko 6/ 7
H.F. 2209 guardian ad litem may be appointed counsel for a child if the 1 person can properly represent the legal interests of the child. 2 The bill contains similar provisions relating to the 3 appointment of counsel or a guardian ad litem for a child in 4 termination of parental rights proceedings and in family in 5 need of assistance proceedings. 6 The bill requires a court in a termination of parental 7 rights proceeding or a family in need of assistance proceeding 8 to determine whether a childs parent, guardian, or custodian 9 is able to compensate an attorney appointed for the child. 10 If the court determines a parent, guardian, or custodian is 11 able to compensate the appointed attorney, the bill requires 12 the court to order the parent, guardian, or custodian to 13 compensate the attorney. If the court determines a parent, 14 guardian, or custodian cannot compensate the appointed attorney 15 without impairment, then the bill requires the county to make 16 reasonable compensation for the appointed attorney. 17 -7- LSB 5658YH (5) 90 dg/ko 7/ 7