Right to counsel

Key_development Question_mark

Legislation, Abuse/Neglect/Dependency - Children

Iowa Code § 232.89(2) specifies that in abuse/neglect cases, the court must appoint both counsel and a guardian ad litem for the child, but § 232.89(4) adds that "[t]he same person may serve both as the child's counsel and as guardian ad litem."

 

Also, with regard to indigent Native American children, "The child shall [] have the right to court- appointed counsel in any removal, placement, termination of parental rights, or other permanency proceedings." Iowa Code § 232B.5(16). This provision goes beyond that of the federal Indian Child Welfare Act, which makes appointment discretionary. Compare to 25 U.S.C. § 1912(b) ("The court may, in its discretion, appoint counsel for the child upon a finding that such appointment is in the best interest of the child.").

Appointment of Counsel: categorical Qualified: no