HF 953 (LSB 2537HV (1) 91)

HOUSE FILE 953

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 373)

A BILL FOR

An Act relating to legal representation for children who are placed in, or may be placed in, foster care.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.89, subsection 2, Code 2025, is amended by striking the subsection and inserting in lieu thereof the following:
   2.  a.  Upon the filing of a petition, the court shall:
   (1)  Appoint counsel for a child identified in the petition as a party to the proceedings if the child is ten years of age or older.
   (2)  Appoint counsel and a guardian ad litem for a child identified in the petition as a party to the proceedings if the child is younger than ten years of age.
   b.  If counsel has previously been appointed for the child pursuant to section 232.11, 232.113, or 232.126, or a guardian ad litem has previously been appointed for the child in a proceeding under subchapter II or a proceeding in which the court has waived jurisdiction under section 232.45, the court shall appoint the same counsel or guardian ad litem upon the filing of the petition under this part.
   c.  Counsel shall be appointed for a child, subject to the following:
   (1)  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, the court shall appoint other counsel to represent the child and that counsel shall be compensated pursuant to section 232.141, subsection 2, paragraph “b”.
   (2)  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 the court shall appoint counsel for the child, and the counsel shall be compensated pursuant to section 232.141, subsection 2, paragraph “b”.
    Sec. 2.  Section 232.89, subsection 4, Code 2025, is amended by striking the subsection and inserting in lieu thereof the following:
   4.  a.  If a child is under the age of ten, the same person may serve as the child’s counsel and the child’s guardian ad litem. A court may appoint a separate guardian ad litem if the court finds that the same person cannot adequately represent the child as the child’s counsel while advocating for the best interests of the child as guardian ad litem in accordance with section 232.2, subsection 25, paragraph “e”. If a child’s guardian ad litem is also acting as the child’s counsel, each report submitted to a court by the guardian ad litem shall contain a statement indicating whether a separate guardian ad litem is required based on the child’s age or the guardian ad litem’s interviews and investigations conducted up to the time the report is submitted to the court.
   b.  If a child attains ten years of age while represented by a guardian ad litem pursuant to this section, the court shall enter an order discharging the guardian ad litem and appoint counsel for the child pursuant to the provisions of this section. A court may appoint a guardian ad litem discharged pursuant to this subsection as counsel for the child if the person can properly represent the legal interests of the child.
   c.  An attorney representing multiple children as the children’s counsel, guardian ad litem, or both, may continue to act in the capacities to which the attorney was appointed, unless an appointment to represent a child in a specific capacity presents a conflict of interest between the attorney and a child the attorney represents or between children the attorney represents.
    Sec. 3.  Section 232.89, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  5.  If a child remains in foster care after the circumstances which caused the child to be placed in foster care has resolved, the right to representation pursuant to this section shall continue until a child is no longer receiving foster care.
   NEW SUBSECTION.  6.  a.  An attorney appointed under this section as counsel for a child shall perform the duties of a guardian ad litem as described in section 232.2, subsection 25, paragraph “b”, subparagraphs (1), (2), (3), (4), (6), (7), and (9).
   b.  An attorney appointed under this section as counsel for a child shall not be required to submit written reports to the court as described in section 232.2, subsection 25, paragraph “b”, subparagraph (8).
   c.  An attorney appointed under this section as counsel for a child, to the extent not prohibited by state or federal law, is authorized to do all of the following:
   (1)  Interview persons relevant to the matter, including but not limited to persons providing medical, social, mental health, educational, or other services to the child.
   (2)  Inspect and copy records relevant to the matter, including but not limited to health, mental health, education, and court records.
   (3)  Attend department meetings, case conferences, and meetings with medical professionals, mental health professionals, education providers, or persons providing other services to the child.
    Sec. 4.  Section 232.113, subsection 2, Code 2025, is amended by striking the subsection and inserting in lieu thereof the following:
   2.  a.  Upon the filing of a petition, the court shall:
   (1)  Appoint counsel for a child identified in the petition as a party to the proceedings if the child is ten years of age or older.
   (2)  Appoint counsel and a guardian ad litem for a child identified in the petition as a party to the proceedings if the child is younger than ten years of age.
   b.  If counsel has previously been appointed for the child pursuant to section 232.11, 232.89, or 232.126, or a guardian ad litem has previously been appointed for the child in a proceeding under subchapter II or a proceeding in which the court has waived jurisdiction under section 232.45, the court shall appoint the same counsel or guardian ad litem upon the filing of the petition under this part.
   c.  Counsel shall be appointed for a child, subject to the following:
   (1)  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, the court shall appoint other counsel to represent the child and that counsel shall be compensated pursuant to section 232.141, subsection 2, paragraph “b”.
   (2)  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 the court shall appoint counsel for the child, and that counsel shall be compensated pursuant to section 232.141, subsection 2, paragraph “b”.
    Sec. 5.  Section 232.113, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  3.  a.  If a child is under the age of ten, the same person may serve as the child’s counsel and the child’s guardian ad litem. A court may appoint a separate guardian ad litem if the court finds that the same person cannot adequately represent the child as the child’s counsel while advocating for the best interests of the child as guardian ad litem in accordance with section 232.2, subsection 25, paragraph “e”. If a child’s guardian ad litem is also acting as the child’s counsel, each report submitted to a court by the guardian ad litem shall contain a statement indicating whether a separate guardian ad litem is required based on the child’s age or the guardian ad litem’s interviews and investigations conducted up to the time the report is submitted to the court.
   b.  If a child attains ten years of age while represented by a guardian ad litem pursuant to this section, the court shall enter an order discharging the guardian ad litem and appoint counsel for the child pursuant to the provisions of this section. A court may appoint a guardian ad litem discharged pursuant to this subsection as counsel for the child if the person can properly represent the legal interests of the child.
   c.  An attorney representing multiple children as the children’s counsel, guardian ad litem, or both, may continue to act in the capacities to which the attorney was appointed, unless an appointment to represent a child in a specific capacity presents a conflict of interest between the attorney and a child the attorney represents or between children the attorney represents.
   NEW SUBSECTION.  4.  If a child remains in foster care after the circumstances which caused the child to be placed in foster care has resolved, the right to representation pursuant to this section shall continue until a child is no longer receiving foster care.
   NEW SUBSECTION.  5.  a.  An attorney appointed under this section as counsel for a child shall perform the duties of a guardian ad litem as described in section 232.2, subsection 25, paragraph “b”, subparagraphs (1), (2), (3), (4), (6), (7), and (9).
   b.  An attorney appointed under this section as counsel for a child shall not be required to submit written reports to the court as described in section 232.2, subsection 25, paragraph “b”, subparagraph (8).
   c.  An attorney appointed under this section as counsel for a child, to the extent not prohibited by state or federal law, is authorized to do all of the following:
   (1)  Interview persons relevant to the matter, including but not limited to persons providing medical, social, mental health, educational, or other services to the child.
   (2)  Inspect and copy records relevant to the matter, including but not limited to health, mental health, education, and court records.
   (3)  Attend department meetings, case conferences, and meetings with medical professionals, mental health professionals, education providers, or persons providing other services to the child.
    Sec. 6.  Section 232.126, subsection 1, Code 2025, is amended by striking the subsection and inserting in lieu thereof the following:
   1.  a.  Upon the filing of a petition, the court shall:
   (1)  Appoint counsel for a child identified in the petition as a party to the proceedings if the child is ten years of age or older.
   (2)  Appoint counsel and a guardian ad litem for a child identified in the petition as a party to the proceedings if the child is younger than ten years of age.
   b.  If counsel has previously been appointed for the child pursuant to section 232.11, 232.89, or 232.113, or a guardian ad litem has previously been appointed for the child in a proceeding under subchapter II or a proceeding in which the court has waived jurisdiction under section 232.45, the court shall appoint the same counsel or guardian ad litem upon the filing of the petition under this part.
   c.  Counsel shall be appointed for a child, subject to the following:
   (1)  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, the court shall appoint other counsel to represent the child and that counsel shall be compensated pursuant to section 232.141, subsection 2, paragraph “b”.
   (2)  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 the court shall appoint counsel for the child, and that counsel shall be compensated pursuant to section 232.141, subsection 2, paragraph “b”.
    Sec. 7.  Section 232.126, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  3.  a.  If a child is under the age of ten, the same person may serve as the child’s counsel and the child’s guardian ad litem. A court may appoint a separate guardian ad litem if the court finds that the same person cannot adequately represent the child as the child’s counsel while advocating for the best interests of the child as guardian ad litem in accordance with section 232.2, subsection 25, paragraph “e”. If a child’s guardian ad litem is also acting as the child’s counsel, each report submitted to a court by the guardian ad litem shall contain a statement indicating whether a separate guardian ad litem is required based on the child’s age or the guardian ad litem’s interviews and investigations conducted up to the time the report is submitted to the court.
   b.  If a child attains ten years of age while represented by a guardian ad litem pursuant to this section, the court shall enter an order discharging the guardian ad litem and appoint counsel for the child pursuant to the provisions of this section. A court may appoint a guardian ad litem discharged pursuant to this subsection as counsel for the child if the person can properly represent the legal interests of the child.
   c.  An attorney representing multiple children as the children’s counsel, guardian ad litem, or both, may continue to act in the capacities to which the attorney was appointed, unless an appointment to represent a child in a specific capacity presents a conflict of interest between the attorney and a child the attorney represents or between children the attorney represents.
   NEW SUBSECTION.  4.  If a child remains in foster care after the circumstances which caused the child to be placed in foster care has resolved, the right to representation pursuant to this section shall continue until a child is no longer receiving foster care.
   NEW SUBSECTION.  5.  a.  An attorney appointed under this section as counsel for a child shall perform the duties of a guardian ad litem as described in section 232.2, subsection 25, paragraph “b”, subparagraphs (1), (2), (3), (4), (6), (7), and (9).
   b.  An attorney appointed under this section as counsel for a child shall not be required to submit written reports to the court as described in section 232.2, subsection 25, paragraph “b”, subparagraph (8).
   c.  An attorney appointed under this section as counsel for a child, to the extent not prohibited by state or federal law, is authorized to do all of the following:
   (1)  Interview persons relevant to the matter, including but not limited to persons providing medical, social, mental health, educational, or other services to the child.
   (2)  Inspect and copy records relevant to the matter, including but not limited to health, mental health, education, and court records.
   (3)  Attend department meetings, case conferences, and meetings with medical professionals, mental health professionals, education providers, or persons providing other services to the child.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   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 10 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 counsel and a guardian ad litem (GAL) for a child below 10 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 GAL 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 GAL upon the filing of the CINA petition.
   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 GAL for a child in a CINA proceeding and appoint counsel for the child upon the child attaining 10 years of age. A discharged GAL may be appointed counsel for a child if the person can properly represent the legal interests of the child.
   The bill allows an attorney representing multiple children as the children’s counsel, GAL, or both, to continue to act in the capacities to which the attorney was appointed unless an appointment to represent a child in a specific capacity presents a conflict of interest between the attorney and a child the attorney represents or between children the attorney represents.
   The bill requires an attorney appointed as counsel for a child to perform certain duties listed in the bill that are required of a GAL. The attorney is specifically exempted from making reports that a GAL would be required to make. The bill authorizes an attorney appointed as counsel for a child to perform several actions as detailed in the bill. 
   If a child remains in foster care after the circumstances which caused the child to be placed in foster care has resolved, the bill continues a child’s right to legal representation until the child is no longer in foster care.
   The bill contains similar provisions relating to the appointment of counsel or a GAL for a child in termination of parental rights proceedings and in family in need of assistance proceedings.
   The bill requires the county to make reasonable compensation for an attorney appointed under the bill.