2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.11 - RIGHT TO ASSISTANCE OF COUNSEL.

        232.11  RIGHT TO ASSISTANCE OF COUNSEL.
         1.  A child shall have the right to be represented by counsel at
      the following stages of the proceedings within the jurisdiction of
      the juvenile court under division II:
         a.  From the time the child is taken into custody for any
      alleged delinquent act that constitutes a serious or aggravated
      misdemeanor or felony under the Iowa criminal code, and during any
      questioning thereafter by a peace officer or probation officer.
         b.  A detention or shelter care hearing as required by section
      232.44.
         c.  A waiver hearing as required by section 232.45.
         d.  An adjudicatory hearing required by section 232.47.
         e.  A dispositional hearing as required by section 232.50.
         f.  Hearings to review and modify a dispositional order as
      required by section 232.54.
         2.  The child's right to be represented by counsel under
      subsection 1, paragraphs "b" to "f" of this section shall not
      be waived by a child of any age.  The child's right to be represented
      by counsel under subsection 1, paragraph "a" shall not be waived
      by a child less than sixteen years of age without the written consent
      of the child's parent, guardian, or custodian.  The waiver by a child
      who is at least sixteen years of age is valid only if a good faith
      effort has been made to notify the child's parent, guardian, or
      custodian that the child has been taken into custody and of the
      alleged delinquent act for which the child has been taken into
      custody, the location of the child, and the right of the parent,
      guardian, or custodian to visit and confer with the child.
         3.  If the child is not represented by counsel as required under
      subsection 1, counsel shall be provided as follows:
         a.  If the court determines, after giving the child's parent,
      guardian or custodian an opportunity to be heard, that such person
      has the ability in whole or in part to pay for the employment of
      counsel, it shall either order that person to retain an attorney to
      represent the child or shall appoint counsel for the child and order
      the parent, guardian or custodian to pay for that counsel as provided
      in subsection 5.
         b.  If the court determines that the parent, guardian, or
      custodian cannot pay any part of the expenses of counsel to represent
      the child, it shall appoint counsel, who shall be reimbursed
      according to section 232.141, subsection 2, paragraph "b".
         c.  The court may appoint counsel to represent the child and
      reserve the determination of payment until the parent, guardian or
      custodian has an opportunity to be heard.
         4.  If the child is represented by counsel and the court
      determines that there is a conflict of interest between the child and
      the child's parent, guardian or custodian and that the retained
      counsel could not properly represent the child as a result of the
      conflict, the court shall appoint other counsel to represent the
      child and order the parent, guardian or custodian to pay for such
      counsel as provided in subsection 5.
         5.  If the court determines, after an inquiry which includes
      notice and reasonable opportunity to be heard that the parent,
      guardian or custodian has the ability to pay in whole or in part for
      the attorney appointed for the child, the court may order that person
      to pay such sums as the court finds appropriate in the manner and to
      whom the court directs.  If the person so ordered fails to comply
      with the order without good reason, the court shall enter judgment
      against the person.
         6.  Nothing in this section shall be construed to prevent the
      child or the child's parent, guardian or custodian from retaining
      counsel to represent the child in proceedings under this division II
      of this chapter in which the alleged delinquent act constitutes a
      simple misdemeanor under the Iowa Code.  

         Section History: Early Form

         [C24, 27, 31, 35, 39, § 3631; C46, 50, 54, 58, 62, § 232.15;
      C66, 71, 73, 75, 77, § 232.28; C79, 81, § 232.11; 82 Acts, ch 1209, §
      2] 

         Section History: Recent Form

         90 Acts, ch 1168, §34
         Referred to in § 232.28, 232.37, 232.52