Bill Text: IA HF2209 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to legal representation for children who are placed in, or may be placed in, foster care.(See HF 2580.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-19 - Committee report approving bill, renumbered as HF 2580. [HF2209 Detail]
Download: Iowa-2023-HF2209-Introduced.html
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
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
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
child’s
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
child’s
parent,
guardian,
or
20
custodian
as
a
result
of
ordering
the
parent,
guardian,
or
21
custodian
to
pay
for
the
child’s
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
child’s
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
child’s
parent,
guardian,
or
15
custodian
as
a
result
of
ordering
the
parent,
guardian,
or
16
custodian
to
pay
for
the
child’s
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
explanation’s
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
child’s
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
child’s
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
