Complete Bill History



House File 119       
                             BY  COMMITTEE ON JUDICIARY

                             (SUCCESSOR TO HSB 14)
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                                  A BILL FOR
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                                        House File 119

                            AN ACT
RELATING TO COUNTY ATTORNEY DUTIES WHEN REPRESENTING THE
   DEPARTMENT OF HUMAN SERVICES IN JUVENILE COURT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
   Section 1.  Section 232.71C, subsection 1, Code 2013, is
amended to read as follows:
   1.  If, upon completion of an assessment performed under
section 232.71B, the department determines that the best
interests of the child require juvenile court action, the
department shall act appropriately to initiate the action.
If at any time during the assessment process the department
believes court action is necessary to safeguard a child, the
department shall act appropriately to initiate the action. The
county attorney shall assist the department as provided under
section 232.90, subsection 2.
   Sec. 2.  Section 232.90, Code 2013, is amended to read as
follows:
   232.90  Duties of county attorney.
   1.  As used in this section, "state" means the general
interest held by the people in the health, safety, welfare, and
protection of all children living in this state.
   1.  2.  The county attorney shall represent the state in
proceedings arising from a petition filed under this division
and shall present evidence in support of the petition. The
county attorney shall be present at proceedings initiated by
petition under this division filed by an intake officer or the
county attorney, or if a party to the proceedings contests the
proceedings, or if the court determines there is a conflict of
interest between the child and the child's parent, guardian, or
custodian or if there are contested issues before the court.
   2.  3.  The county attorney shall represent the department
in proceedings arising under this division. However, if If
 there is disagreement between the department and the county
attorney regarding the appropriate action to be taken, the
department may request to that the state be represented by the
attorney general in place of the county attorney.  If the state
is represented by the attorney general, the county attorney
may continue to appear in the proceeding and may present the
position of the county attorney regarding the appropriate
action to be taken in the case.
   4.  The county attorney shall comply with the requirements
of chapter 232B and the federal Indian Child Welfare Act,
Pub. L. No. 95=608, when either chapter 232B or the federal
Indian Child Welfare Act is determined to be applicable in any
proceeding under this division.
   Sec. 3.  Section 232.114, Code 2013, is amended to read as
follows:
   232.114  Duties of county attorney.
   1.  As used in this section, "state" means the general
interest held by the people in the health, safety, welfare, and
protection of all children living in this state.
   1.  2.  Upon the filing of a petition the county attorney
shall represent the state in all adversary proceedings arising
under this division and shall present evidence in support of
the petition.
   2.  3.  The county attorney shall represent the department
in proceedings arising under this division. However, if If
 there is disagreement between the department and the county
attorney regarding the appropriate action to be taken, the
department may request to that the state be represented by the
attorney general in place of the county attorney.  If the state
is represented by the attorney general, the county attorney
may continue to appear in the proceeding and may present the
position of the county attorney regarding the appropriate
action to be taken in the case.
   4.  The county attorney shall comply with the requirements
of chapter 232B and the federal Indian Child Welfare Act,
Pub. L. No. 95=608, when either chapter 232B or the federal
Indian Child Welfare Act is determined to be applicable in any
proceeding under this division.


                                                            
                              KRAIG PAULSEN
                              Speaker of the House


                                                            
                              PAM JOCHUM
                              President of the Senate
   I hereby certify that this bill originated in the House and
is known as House File 119, Eighty=fifth General Assembly.


                                                            
                              CARMINE BOAL
                              Chief Clerk of the House
Approved                , 2013


                                                            
                              TERRY E. BRANSTAD
                              Governor

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