A CHILD'S RIGHT TO COUNSEL - Children's Advocacy Institute

IowaScore: 90Grade: A1. Does state law mandate thatattorneys be appointed forchildren in dependencyproceedings?Points: 40 out of 40―Upon the filing of a petition, the court shall appoint counsel...for the child‖ (IowaCode § 232.89(2)).2. When an attorney isappointed for a child independency proceedings, doesstate law define the duration ofthe appointment?Points: 10 out of 10―The attorneys and guardians ad litem of record in the district court shall be deemedthe attorneys and guardians ad litem in the appellate court unless others are retainedor appointed and notice is given to the parties and the clerk of the supreme court.‖(Iowa Rule of Appellate Procedure Rule 6.109(4).)3. When an attorney isappointed for a child independency proceedings, doesstate law require the attorney toadvocate for the expressedwishes of the child in a clientdirectedmanner?Points: 20 out of 20―The same person may serve both as the child‘s counsel and as guardian ad litem.However, the court may appoint a separate guardian ad litem, if the same personcannot properly represent the legal interests of the child as legal counsel and alsorepresent the best interest of the child as guardian ad litem‖ (Iowa Code § 232.89(4).Thus, it appears that under Iowa law the primary role of the child‘s counsel is torepresent the legal interests of the child.4. To what extent arespecialized education and/ortraining requirements for thechild’s counsel required by statelaw? Is such education and/ortraining required to includemultidisciplinary elements?Points: 0 out of 10Basis for deduction: Iowa law does not mandate training requirements for attorneysrepresenting children in dependency proceedings.5. Does state law expressly givethe child the legal status of aparty with all rights appurtenantthereto? If not, does state lawexpressly give the child some ofthe rights of a party?Points: 10 out of 10Under Iowa law, the petition recognizes the child as a party to the proceedings (IowaCode § 232.89(2)).―Notice shall...be served upon the child and upon the child‘s guardian ad litem, if any‖(Iowa Code § 232.37(2)).60 Second Edition: A CHILD‘S RIGHT TO COUNSEL