Iowa

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel upon request for indigent parents in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

A child has a right to counsel and a GAL in abuse/neglect cases, although one person can play both roles.

Appointment of Counsel: categorical Qualified: no

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Adult Protective Proceedings - Proposed Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the subject of an adult protective proceeding.

Appointment of Counsel: categorical Qualified: no

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

Minors seeking a waiver of the parental notification requirement for an abortion have a right to counsel upon request, including for the appeal.

Appointment of Counsel: categorical Qualified: no

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Child Support Enforcement (Civil Contempt)

Litigation

Key_development Question_mark

Right to counsel

The Iowa Supreme Court found a federal due process right to counsel in civil contempt cases.

Appointment of Counsel: categorical Qualified: yes

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for various types of civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Custody Disputes - Children

Legislation

Legislation: counsel for children in private custody cases

02/14/2017

This bill would clarify the appointment of GALs and attorneys for children in custody and dissolution cases.

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Key_development Question_mark

Discretionary appointment of counsel

The court may appoint counsel for child in a divorce proceeding.

Appointment of Counsel: discretionary Qualified: no

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Domestic Violence - Alleged Victim

Pilot

NIJ study released on effect of counsel for DV victims

09/26/2016

A study on the impact of providing counsel for DV victims was conducted by the University of Iowa and Iowa Legal Aid.

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the proposed ward in guardianship proceedings.

Appointment of Counsel: categorical Qualified: no

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Housing - Discrimination

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for either side in a housing discrimination case.

Appointment of Counsel: discretionary Qualified: no

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Incarceration for Fees/Fines (incomplete)

Litigation

Key_development Question_mark

Right to counsel

The Iowa Supreme Court found a federal due process right to counsel in civil contempt cases.

Appointment of Counsel: categorical Qualified: yes

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Involuntary Medical Treatment

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for those subjected to involuntary treatment for substance abuse.

Appointment of Counsel: categorical Qualified: yes

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Prisoners

Litigation

Key_development Question_mark

Discretionary appointment of counsel - prisoners

The Iowa Supreme Court has said the trial court has the inherent power to appoint counsel for prisoners.

Appointment of Counsel: discretionary Qualified: no

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Sexually Dangerous Persons - Confinement

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel in sexually violent offender civil commitment proceedings, and must be informed of this right.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Right to counsel

Children in adoptions must be appointed a GAL if the child has no guardian or conflicts with the guardian, and the GAL must be an attorney.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

Children have a right to counsel in termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Birth Parents

Legislation

Iowa Supreme Court says statutory limitations on adoption right to counsel are invalid

01/01/2014

The Iowa Supreme Court held that the legislature's limitation of the statutory right to counsel in adoptions did not conform with prior caselaw.

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Litigation

Key_development Question_mark

Right to counsel

The Iowa Supreme Court held it violated equal protection to deny counsel in privately initiated termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: no

Read more about this

Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents have a right to counsel upon request in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

Read more about this

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