HF 119 – Department of Human Services, County Attorneys and Representation in Juvenile Court
HF 592 – State Public Defender and Indigent Defense
FLOOR ACTION:
HF 119, as amended by the Senate, addresses the issue of who represents the State in juvenile court. The Iowa Supreme Court in the case of In re A.W. (2007) directed that for purposes of Child in Need of Assistance (CINA) cases, the Department of Human Services is the client of the county attorney. This has been interpreted by the county attorneys as prohibiting them from exercising their independent judgment in these cases. This bill specifies that in juvenile court relating to Child in Need of Assistance and Termination of Parental rights cases, the county attorneys will represent the “state”, defined in the bill as “the general interest held by the people in the health, safety, welfare, and protection of all children living in this state.” The bill specifies that if there is a disagreement between the Department of Human Services and a county attorney regarding what action is to be taken in a case, the Department can request that the State be represented by the Attorney General instead of the county attorney. If the State is represented by the Attorney General, the county attorney may continue to appear in the juvenile court proceeding to present the county attorney’s position. There bill also directs county attorneys to comply with the state and federal Indian Child Welfare Acts. [5/7: 50-0]
HF 592, as amended by the Senate, establishes that fee claims submitted to the State Public Defender are confidential except in limited circumstances, including release to the client on whose behalf the costs were incurred. The bill allows the State Public Defender to access juvenile court records other than delinquency records. The bill permits the State Public Defender to designate other public defender offices, nonprofit organizations or private attorneys to handle appeals not covered by the Appellate Defender’s Office. [5/8: 50-0]