1. Upon the filing of a petition the parent, guardian, putative father, or custodian identified
in the petition shall have the right to counsel in connection with all subsequent hearings and
proceedings. If that person desires but is financially unable to employ counsel, the court shall
appoint counsel. A putative father is not a necessary party to a proceeding until the putative
father’s paternity is established.
2. Upon the filing of a petition, the court shall appoint counsel and a guardian ad litem
for the child identified in the petition as a party to the proceedings. If a guardian ad litem has
previously been appointed for the child in a proceeding under subchapter II or a proceeding in
which the court has waived jurisdiction under section 232.45, the court shall appoint the same
guardian ad litem upon the filing of the petition under this part. Counsel shall be appointed
as follows:
a. If the child is represented by counsel and the court determines there is a conflict of
interest between the child and the child’s parent, guardian, putative father, or custodian and
\n
Tue Dec 09 22:21:33 2025 Iowa Code 2026, Chapter 232 (92, 1)
§232.89, JUVENILE JUSTICE 68\n\nthat the retained counsel could not properly represent the child as a result of the conflict, the
court shall appoint other counsel to represent the child, who shall be compensated pursuant
to the provisions of subsection 3.
b. If the child is not represented by counsel, the court shall either order the parent,
guardian, or custodian to retain counsel for the child or shall appoint counsel for the child,
who shall be compensated pursuant to the provisions of subsection 3.
3. The court shall determine, after giving the parent, guardian, or custodian an
opportunity to be heard, whether the person has the ability to pay in whole or in part for
counsel appointed for the child. If the court determines that the person possesses sufficient
financial ability, the court shall then consult with the department, the juvenile probation
office, or other authorized agency or individual regarding the likelihood of impairment of
the relationship between the child and the child’s parent, guardian, or custodian as a result
of ordering the parent, guardian, or custodian to pay for the child’s counsel. If impairment
is deemed unlikely, the court shall order that person to pay an amount the court finds
appropriate in the manner and to whom the court directs. If the person fails to comply
with the order without good reason, the court shall enter judgment against the person.
If impairment is deemed likely or if the court determines that the parent, guardian, or
custodian cannot pay any part of the expenses of counsel appointed to represent the child,
counsel shall be reimbursed pursuant to section 232.141, subsection 2, paragraph “b”.
4. 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 person cannot
properly represent the legal interests of the child as legal counsel and also represent the
best interests of the child as guardian ad litem in accordance with section 232.2, subsection
27, paragraph “e”, or a separate guardian ad litem is required to fulfill the requirements of
subsection 2. If a child’s guardian ad litem is also acting as an attorney for the child, each
report submitted to a court by the guardian ad litem shall contain a statement indicating
whether a separate guardian ad litem is required based on the guardian ad litem’s interviews
and investigations conducted until the time a report is submitted to the court.
[C24, 27, 31, 35, 39, §3631; C46, 50, 54, 58, 62, §232.15; C66, 71, 73, 75, 77, §232.28; C79,
81, §232.89]
83 Acts, ch 96, §157, 159; 86 Acts, ch 1186, §7; 87 Acts, ch 121, §4; 89 Acts, ch 283, §24; 90
Acts, ch 1271, §1506, 1507; 96 Acts, ch 1193, §5; 97 Acts, ch 23, §22; 97 Acts, ch 99, §3, 11;
2002 Acts, ch 1162, §17; 2020 Acts, ch 1062, §33; 2022 Acts, ch 1098, §34 – 36, 78; 2023 Acts,
ch 19, §616
Referred to in §232.108
Section not amended; internal reference change applied
\n
Notes of Decisions
State Pub. Def. v. Iowa Dist. Court for Polk Cnty., 721 N.W.2d 570 (Iowa 2006).
· cites it 6× “See Iowa Code § 232.89 (1), (2). Prior to 1999, the Code provisions authorizing payment of expenses in such cases included “the costs of compensation of an attorney appointed by the court to serve as counsel or as guardian ad litem” without regard to whether the attorney…”
In the Interest of J.V., 464 N.W.2d 887 (Iowa Ct. App. 1991).
· cites it 6× “” Iowa Code § 232.89 (4) (Supp. 1989). From an economic standpoint it is clear that having the guardian ad litem serve as legal counsel often is an efficient use of both human and monetary resources.”
In the Interest of A.T., 744 N.W.2d 657 (Iowa Ct. App. 2007).
· cites it 9× “The Iowa legislature has statutorily provided for the appointment of both an attorney and guardian ad litem for a child in Taylar’s position in Iowa Code section 232.89, which provides in applicable part: 2.”
In Interest of GY, 486 N.W.2d 288 (Iowa 1992).
· cites it 8× “A guardian ad litem was appointed for the children pursuant to Iowa Code section 232.89(2). That section provides in part: Upon the filing of a petition, the court shall appoint counsel and a guardian ad litem for the child identified in the petition as a party to the…”
In Interest of DW, 385 N.W.2d 570 (Iowa 1986).
· cites it 2× “The mother was furnished appointed counsel pursuant to a statute, Iowa Code section 232.89, as were the children. For the purposes of this case we will assume, as the State seems to concede, that in these situations due process requires counsel appointed under a statutory…”
In the Interest of A.M.H., 516 N.W.2d 867 (Iowa 1994).
“§ 232.89(2). Also present at the hearing was the child’s mother, her attorney, the maternal grandparents and their attorney.”
In the Interest of J.L., 779 N.W.2d 481 (Iowa Ct. App. 2009).
· cites it 4× “Iowa Code § 232.89 (4); see also In re T.”
In Re Billy W., 875 A.2d 734 (Md. 2005).
“31 § 3603 to 3617 (1995); Iowa Code Ann. §§ 232.89 , 232.126 (1987); Kan.”
In Re At, 744 N.W.2d 657 (Iowa Ct. App. 2007).
· cites it 9× “Upon the filing of a petition, the court shall appoint counsel and a guardian ad litem for the child identified in the petition as a party to the proceedings. . . . 4. The same person may serve both as the child's counsel and as guardian ad litem.”
— Iowa Code § 232.89(1) — 4 cases
— Iowa Code § 232.89(2) — 8 cases
In the Interest of A.M.H., 516 N.W.2d 867 (Iowa 1994).
“§ 232.89(2). Also present at the hearing was the child’s mother, her attorney, the maternal grandparents and their attorney.”
In the Interest of J.V., 464 N.W.2d 887 (Iowa Ct. App. 1991).
“” Iowa Code § 232.89 (4) (Supp. 1989). From an economic standpoint it is clear that having the guardian ad litem serve as legal counsel often is an efficient use of both human and monetary resources.”
In Interest of GY, 486 N.W.2d 288 (Iowa 1992).
“A guardian ad litem was appointed for the children pursuant to Iowa Code section 232.89(2). That section provides in part: Upon the filing of a petition, the court shall appoint counsel and a guardian ad litem for the child identified in the petition as a party to the…”
In the Interest of A.T., 744 N.W.2d 657 (Iowa Ct. App. 2007).
“The Iowa legislature has statutorily provided for the appointment of both an attorney and guardian ad litem for a child in Taylar’s position in Iowa Code section 232.89, which provides in applicable part: 2.”
— Iowa Code § 232.89(2)(a) — 1 case
— Iowa Code § 232.89(4) — 8 cases
In the Interest of J.V., 464 N.W.2d 887 (Iowa Ct. App. 1991).
“” Iowa Code § 232.89 (4) (Supp. 1989). From an economic standpoint it is clear that having the guardian ad litem serve as legal counsel often is an efficient use of both human and monetary resources.”
In Interest of GY, 486 N.W.2d 288 (Iowa 1992).
“A guardian ad litem was appointed for the children pursuant to Iowa Code section 232.89(2). That section provides in part: Upon the filing of a petition, the court shall appoint counsel and a guardian ad litem for the child identified in the petition as a party to the…”
In the Interest of A.T., 744 N.W.2d 657 (Iowa Ct. App. 2007).
“The Iowa legislature has statutorily provided for the appointment of both an attorney and guardian ad litem for a child in Taylar’s position in Iowa Code section 232.89, which provides in applicable part: 2.”
In Re At, 744 N.W.2d 657 (Iowa Ct. App. 2007).
“Upon the filing of a petition, the court shall appoint counsel and a guardian ad litem for the child identified in the petition as a party to the proceedings. . . . 4. The same person may serve both as the child's counsel and as guardian ad litem.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.