Right to counsel for certain adoption petitioners

Iowa , Legislation , Other subject area

In 2021, the Iowa legislature amended Iowa Code § 13B.9(1)(b) to require appointed counsel for certain indigent adoption petitioners.  The law states:

A local public defender office or designee shall represent in a subsequent adoption proceeding a party including a nonindigent party who files an adoption petition pursuant to section 600.3 to adopt a child who was the subject of a termination of parental rights proceeding pursuant to chapter 232 in which the local public defender office was involved as provided under this paragraph. If a conflict of interest arises, the representation shall be provided through referral of the party to outside counsel with whom the state public defender has contracted, subject to the fees for legal services incorporated in the contract.

Id.

Appointment of Counsel: Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.