House File 136 - Introduced



                                       HOUSE FILE       
                                       BY  WENDT and WHITEAD


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to representation of the department of human
  2    services in juvenile court.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1180HH 83
  5 jm/nh/8

PAG LIN



  1  1    Section 1.  Section 232.71C, subsection 1, Code 2009, is
  1  2 amended to read as follows:
  1  3    1.  If, upon completion of an assessment performed under
  1  4 section 232.71B, the department determines that the best
  1  5 interests of the child require juvenile court action, the
  1  6 department shall act appropriately to initiate the action.  If
  1  7 at any time during the assessment process the department
  1  8 believes court action is necessary to safeguard a child, the
  1  9 department shall act appropriately to initiate the action.
  1 10 The county attorney or attorney general shall assist the
  1 11 department as provided under section 232.90, subsection 2.
  1 12    Sec. 2.  Section 232.90, subsection 2, Code 2009, is
  1 13 amended to read as follows:
  1 14    2.  a.  The county attorney shall represent the department
  1 15 in proceedings arising under this division.
  1 16    b.  However, if there is disagreement between the
  1 17 department and the county attorney regarding the appropriate
  1 18 action to be taken, the department may request to be
  1 19 represented by the attorney general in place of the county
  1 20 attorney.  If the attorney general appears in juvenile court,
  1 21 the attorney general shall represent the department and the
  1 22 county attorney shall represent the state.  For purposes of
  1 23 this paragraph, the department shall not be considered the
  1 24 state.
  1 25    Sec. 3.  Section 232.114, subsection 2, Code 2009, is
  1 26 amended to read as follows:
  1 27    2.  a.  The county attorney shall represent the department
  1 28 in proceedings arising under this division.
  1 29    b.  However, if there is disagreement between the
  1 30 department and the county attorney regarding the appropriate
  1 31 action to be taken, the department may request to be
  1 32 represented by the attorney general in place of the county
  1 33 attorney.  If the attorney general appears in juvenile court,
  1 34 the attorney general shall represent the department and the
  1 35 county attorney shall represent the state.  For purposes of
  2  1 this paragraph, the department shall not be considered the
  2  2 state.
  2  3    Sec. 4.  Section 232.180, Code 2009, is amended to read as
  2  4 follows:
  2  5    232.180  DUTIES OF COUNTY ATTORNEY.
  2  6    Upon the filing of a petition and the request of the
  2  7 department, the county attorney shall represent the state in
  2  8 all adversary proceedings arising under this division and
  2  9 shall present evidence in support of the petition as provided
  2 10 under section 232.90 unless the attorney general appears in
  2 11 juvenile court on behalf of the department as provided in
  2 12 section 232.90, subsection 2.
  2 13                           EXPLANATION
  2 14    This bill relates to representation of the department of
  2 15 human services in juvenile court.
  2 16    The bill provides that if the attorney general appears on
  2 17 behalf of the department of human services because of a
  2 18 disagreement between the department and the county attorney
  2 19 regarding the appropriate action to be taken in a juvenile
  2 20 case, the attorney general shall be considered to represent
  2 21 the department and the county attorney shall be considered to
  2 22 represent the state in the case.
  2 23 LSB 1180HH 83
  2 24 jm/nh/8