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