House File 94 - Introduced HOUSE FILE 94 BY MEYER A BILL FOR An Act relating to county attorney duties when representing the 1 department of human services in juvenile court. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1707YH (2) 87 hb/rj

H.F. 94 Section 1. Section 232.71C, subsection 1, Code 2017, is 1 amended to read as follows: 2 1. If, upon completion of an assessment performed under 3 section 232.71B , the department determines that the best 4 interests of the child require juvenile court action, the 5 department shall act appropriately to initiate the action. 6 If at any time during the assessment process the department 7 believes court action is necessary to safeguard a child, the 8 department shall act appropriately to initiate the action. The 9 county attorney shall assist the department as provided under 10 section 232.90, subsection 2 . 11 Sec. 2. Section 232.90, Code 2017, is amended to read as 12 follows: 13 232.90 Duties of county attorney. 14 1. As used in this section , “state” means the general 15 interest held by the people in the health, safety, welfare, and 16 protection of all children living in this state. 17 2. 1. The county attorney shall represent the state in 18 proceedings arising from a petition filed under this division 19 and shall present evidence in support of the petition. The 20 county attorney shall be present at proceedings initiated by 21 petition under this division filed by an intake officer or the 22 county attorney, or if a party to the proceedings contests the 23 proceedings, or if the court determines there is a conflict of 24 interest between the child and the child’s parent, guardian, or 25 custodian or if there are contested issues before the court. 26 3. 2. If The county attorney shall represent the 27 department in proceedings arising under this division. 28 However, if there is disagreement between the department 29 and the county attorney regarding the appropriate action to 30 be taken, the department may request that the state to be 31 represented by the attorney general in place of the county 32 attorney. If the state is represented by the attorney general, 33 the county attorney may continue to appear in the proceeding 34 and may present the position of the county attorney regarding 35 -1- LSB 1707YH (2) 87 hb/rj 1/ 3

H.F. 94 the appropriate action to be taken in the case. 1 4. The county attorney and the attorney general shall comply 2 with the requirements of chapter 232B and the federal Indian 3 Child Welfare Act, Pub. L. No. 95-608 , when either chapter 232B 4 or the federal Indian Child Welfare Act is determined to be 5 applicable in any proceeding under this division . 6 Sec. 3. Section 232.114, Code 2017, is amended to read as 7 follows: 8 232.114 Duties of county attorney. 9 1. As used in this section , “state” means the general 10 interest held by the people in the health, safety, welfare, and 11 protection of all children living in this state. 12 2. 1. Upon the filing of a petition the county attorney 13 shall represent the state in all adversary proceedings arising 14 under this division and shall present evidence in support of 15 the petition. 16 3. 2. If The county attorney shall represent the 17 department in proceedings arising under this division. 18 However, if there is disagreement between the department 19 and the county attorney regarding the appropriate action to 20 be taken, the department may request that the state to be 21 represented by the attorney general in place of the county 22 attorney. If the state is represented by the attorney general, 23 the county attorney may continue to appear in the proceeding 24 and may present the position of the county attorney regarding 25 the appropriate action to be taken in the case. 26 4. The county attorney shall comply with the requirements 27 of chapter 232B and the federal Indian Child Welfare Act, 28 Pub. L. No. 95-608 , when either chapter 232B or the federal 29 Indian Child Welfare Act is determined to be applicable in any 30 proceeding under this division . 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to county attorney duties when 35 -2- LSB 1707YH (2) 87 hb/rj 2/ 3

H.F. 94 representing the department of human services in juvenile 1 court. 2 Code section 232.71C currently provides that the county 3 attorney shall assist the department of human services in 4 a child in need of assistance proceeding. The section is 5 amended to include a reference requiring the county attorney to 6 represent the department in such proceedings, as provided in 7 Code section 232.90, which is amended in the bill. 8 The amendment to Code section 232.90 requires the county 9 attorney to represent the department of human services in child 10 in need of assistance proceedings. The amendment provides 11 that if there is a disagreement between the department and the 12 county attorney regarding the appropriate action to be taken, 13 the department may request to be represented by the attorney 14 general in place of the county attorney. 15 Code section 232.114 is amended to require a county 16 attorney to represent the state in a termination of parental 17 rights proceeding and includes a provision requiring a county 18 attorney to represent the department of human services in such 19 a proceeding. The amendment includes a provision allowing 20 the attorney general to represent the department of human 21 services if a dispute arises between the county attorney and 22 the department of human services in a termination of parental 23 rights proceeding. 24 Code sections 232.71C and 232.90 are amended to strike 25 the provision explicitly requiring the county attorney to 26 comply with the requirements of Code chapter 232B and the 27 federal Indian Welfare Act, Pub. L. No. 95-608, when either 28 Code chapter 232B or the federal Indian Child Welfare Act is 29 determined to be applicable. 30 -3- LSB 1707YH (2) 87 hb/rj 3/ 3