Bills › 90th General Assembly
Relating to legal representation for children who are placed in, or may be placed in, foster care
Sponsored by the House Judiciary Committee
Topics:Courts & civil law
Same legislation: HF 2209
Where it is now
- Done: IntroducedJanuary 29, 2024
- Done: SubcommitteeJanuary 30, 2024
- Done: House committeeFebruary 14, 2024
- Stopped: Passes the HouseDied when the General Assembly ended
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The General Assembly adjourned on April 19, 2024. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill relates to legal representation for children who are placed in, or may be placed in, foster care. The bill requires a court to appoint counsel for a child years of age or older when the child is identified in a child in need of assistance (CINA) petition as a party to the CINA proceedings. The bill requires a court to appoint a guardian ad litem for a child below years of age when the child is identified in a CINA petition as a party to the CINA proceedings. If a child identified in a CINA petition already has counsel in a juvenile delinquency matter or parental termination proceeding, or a guardian ad litem has previously been appointed for the child in a juvenile delinquency proceeding or a matter involving a public offense in which the court has waived jurisdiction, the bill requires the court to appoint the same counsel or guardian ad litem upon the filing of the CINA petition.
Read the full explanation
The bill requires a court to appoint alternate counsel to represent a child 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, putative father, or custodian and that the retained counsel cannot properly represent the child as a result of the conflict. When appointing counsel for a child in a CINA proceeding, the bill requires a court to either order the parent, guardian, or custodian to retain counsel for the child, or counsel be appointed for the child. The bill requires a court to discharge the guardian ad litem for a child in a CINA proceeding and appoint counsel for the child upon the child attaining years of age. A discharged guardian ad litem may be appointed counsel for a child if the person can properly represent the legal interests of the child. The bill contains similar provisions relating to the appointment of counsel or a guardian ad litem for a child in termination of parental rights proceedings and in family in need of assistance proceedings. The bill requires a court in a termination of parental rights proceeding or a family in need of assistance proceeding to determine whether a child’s parent, guardian, or custodian is able to compensate an attorney appointed for the child. If the court determines a parent, guardian, or custodian is able to compensate the appointed attorney, the bill requires the court to order the parent, guardian, or custodian to compensate the attorney. If the court determines a parent, guardian, or custodian cannot compensate the appointed attorney without impairment, then the bill requires the county to make reasonable compensation for the appointed attorney.
From the explanation printed with the bill as introduced, written by the Legislative Services Agency. Amendments adopted later aren’t reflected. Full bill text
Iowa Code it changes
Read from the bill as introduced. Each links to every bill touching that chapter of the Iowa Code. How the Code works
Lobbying
6 for · 3 against · 7 undecided · Who →
Family tree
Where this legislation came from and where it went: earlier tries, the versions it moved through this Assembly, and later bills built on it.
90th General Assembly
Earlier and later bills are matched by wording or an identical title; check the text to be sure it’s the same idea.
Similar bills
- HF 373 Relating to legal representation for children who are placed in, or may be placed in, fost…91st General Assembly · Renumbered as HF 953Similar
Matched by the wording of each bill’s explanation, or an identical title. Companion bills and renumbered versions of this bill aren’t listed; they’re the same bill.