Right to counsel
Iowa
,
Legislation
, Termination of Parental Rights (State) - Children
Children have a right to counsel in termination of parental rights proceedings. Iowa Code § 232.113. The statute elaborates that the attorney may be the guardian ad litem serving in a dual role.
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 Iowa Code § 232B.5(16) with 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: Yes
Qualified: Yes
