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

        232.89  RIGHT TO AND APPOINTMENT OF COUNSEL.
         1.  Upon the filing of a petition the parent, guardian, or
      custodian identified in the petition shall have the right to counsel
      in connection with all subsequent hearings and proceedings.  If that
      person desires but is financially unable to employ counsel, the court
      shall appoint counsel.
         2.  Upon the filing of a petition, the court shall appoint counsel
      and a guardian ad litem for the child identified in the petition as a
      party to the proceedings.  If a guardian ad litem has previously been
      appointed for the child in a proceeding under division II of this
      chapter or a proceeding in which the court has waived jurisdiction
      under section 232.45, the court shall appoint the same guardian ad
      litem upon the filing of the petition under this part.  Counsel shall
      be appointed as follows:
         a.  If the child is represented by counsel and the court
      determines 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, who
      shall be compensated pursuant to the provisions of subsection 3.
         b.  If the child is not represented by counsel, the court
      shall either order the parent, guardian or custodian to retain
      counsel for the child or shall appoint counsel for the child, who
      shall be compensated pursuant to the provisions of subsection 3.
         3.  The court shall determine, after giving the parent, guardian,
      or custodian an opportunity to be heard, whether the person has the
      ability to pay in whole or in part for counsel appointed for the
      child.  If the court determines that the person possesses sufficient
      financial ability, the court shall then consult with the department
      of human services, the juvenile probation office, or other authorized
      agency or individual regarding the likelihood of impairment of the
      relationship between the child and the child's parent, guardian or
      custodian as a result of ordering the parent, guardian, or custodian
      to pay for the child's counsel.  If impairment is deemed unlikely,
      the court shall order that person to pay an amount the court finds
      appropriate in the manner and to whom the court directs.  If the
      person fails to comply with the order without good reason, the court
      shall enter judgment against the person.  If impairment is deemed
      likely or if the court determines that the parent, guardian, or
      custodian cannot pay any part of the expenses of counsel appointed to
      represent the child, counsel shall be reimbursed pursuant to section
      232.141, subsection 2, paragraph "b".
         4.  The same person may serve both as the child's counsel and as
      guardian ad litem.  However, the court may appoint a separate
      guardian ad litem, if the same person cannot properly represent the
      legal interests of the child as legal counsel and also represent the
      best interest of the child as guardian ad litem, or a separate
      guardian ad litem is required to fulfill the requirements of
      subsection 2.
         5.  The court may appoint a court appointed special advocate to
      act as guardian ad litem.  The court appointed special advocate shall
      receive notice of and may attend all depositions, hearings, and trial
      proceedings to support the child and advocate for the protection of
      the child.  The court appointed special advocate shall not be allowed
      to separately introduce evidence or to directly examine or
      cross-examine witnesses.  The court appointed special advocate shall
      submit a written report to the court and to each of the parties to
      the proceedings containing results of the court appointed special
      advocate's initial investigation of the child's case, including but
      not limited to recommendations regarding placement of the child and
      other recommendations based on the best interest of the child.  The
      court appointed special advocate shall submit subsequent reports to
      the court and parties, as needed, detailing the continuing situation
      of the child's case as long as the child remains under the
      jurisdiction of the court.  In addition, the court appointed special
      advocate shall file other reports to the court as required by the
      court.  

         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, § 232.89] 

         Section History: Recent Form

         83 Acts, ch 96, § 157, 159; 86 Acts, ch 1186, § 7; 87 Acts, ch
      121, §4; 89 Acts, ch 283, §24; 90 Acts, ch 1271, § 1506, 1507; 96
      Acts, ch 1193, § 5; 97 Acts, ch 23, § 22; 97 Acts, ch 99, § 3, 11;
      2002 Acts, ch 1162, §17
         Referred to in § 232.108, 232.126