Iowa
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Categorical
Abuse/Neglect/Dependency - Accused Parents
Legislation
Key Development
Right to counsel
There is a right to counsel upon request for indigent parents in abuse/neglect cases.
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Key Development
June 15, 2020
Iowa pilot will allow early appointment of counsel for parents
A bill passed in 2020 will allow the public defender to appoint counsel for parents prior to formal dependency proceedings.
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Qualified
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Right to counsel
A child has a right to counsel and a GAL in abuse/neglect cases, although one person can play both roles.
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Categorical
Adult Protective Proceedings - Protected Person
Legislation
Key Development
Right to counsel
There is a right to counsel for the subject of an adult protective proceeding.
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Categorical
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
Key Development
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.
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
Civil commitment respondents have a right to counsel, and the court may appoint for some petitioners in substance use-related commitments.
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Discretionary
Custody Disputes - Children
Legislation
Key Development
April 5, 2017
Iowa enacts law separating GAL and attorney roles for children in custody cases
A 2017 law separates the role of guardian ad litem and attorney for children in custody cases.
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Doesn't Affect
Domestic Violence - Alleged Victim
Pilot
September 26, 2016
NIJ study released on effect of counsel for DV victims
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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Categorical
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to counsel
There is a right to counsel for indigent respondents in plenary guardianship and conservatorship establishment proceedings.
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Discretionary
Guardianship/Conservatorship of Children - Child (incomplete)
Legislation
Key Development
May 2, 2019
Iowa adds discretionary appointment of counsel for kids in guardianship cases
If the court finds that a minor's interests are or may be inadequately represented, it shall appoint counsel.
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Categorical
Guardianship/Conservatorship of Children - Parent or Guardian
Legislation
Key Development
May 2, 2019
Iowa adds right to counsel for parents in guardianship cases
Indigent objecting parents have the right to counsel upon request in minor guardianship matters.
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Discretionary
Housing - Discrimination
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for either side in a housing discrimination case.
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Categorical
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
Right to counsel
Involuntary treatment respondents have a right to counsel, and the court may appoint for some petitioners in substance use-related cases.
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Discretionary
Issues Related to Incarcerated People
Litigation
Key Development
Discretionary appointment of counsel
The Iowa Supreme Court has said the trial court has the inherent power to appoint counsel for incarcerated persons.
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Doesn't Affect
Other subject area
Court Rule or Initiative
Right to GAL for certain unrepresented defendants
A court cannot enter a judgment against unrepresented minors or certain others, such that a GAL may be required but the GAL need not be counsel.
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Legislation
Right to counsel for certain adoption petitioners
Indigent adoption petitioners trying to adopt a child who was the subject of a termination of parental rights matter may be entitled to counsel.
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Discretionary appointment of attorney as GAL for dependent adults
The court may appoint an attorney guardian ad litem for a dependent adult whose power of attorney agent is under investigation by the court.
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Discretionary appointment for unrepresented interested person in probate matter
The court may appoint counsel to represent any interested person served with notice who is unrepresented in a probate estate case.
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Categorical
Sexually Dangerous Persons - Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel in sexually violent offender civil commitment proceedings, and must be informed of this right.
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Doesn't Affect
Termination of Parental Rights (Private) - Birth Parents
Legislation
January 1, 2014
Right to counsel
There is a right to counsel for parents in private adoption proceedings.
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Litigation
Iowa high court finds state EPC right to counsel
The Iowa Supreme Court held it violated equal protection to deny counsel in privately initiated termination of parental rights proceedings.
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Court Rule or Initiative
Right to GAL for certain unrepresented defendant parents
A rule may function to provide certain categories of parents with a GAL even in voluntary adoptions, but the GAL may or may not be an attorney.
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Qualified
Termination of Parental Rights (Private) - Children
Legislation
Key Development
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.
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Categorical
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
Right to counsel
Indigent parents have a right to counsel upon request in termination of parental rights cases.
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Qualified
Termination of Parental Rights (State) - Children
Legislation
Key Development
Right to counsel
Children have a right to an attorney ad litem in termination of parental rights proceedings.
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No Such Proceeding