Chapter 61. Iowa Standards of Practice for Attorneys Representing Parents in Juvenile Court

Ch 61, p.i

CHAPTER 61

IOWA STANDARDS OF PRACTICE FOR ATTORNEYS REPRESENTING

PARENTS IN JUVENILE COURT

I.

General

Standards 1-3

II.

Relationship with the Client

Standards 4-12

III. Investigation and Court Preparation

Standards 13-23

IV. Appeal

Standards 24-27

Commentary

Ch 61, p.1

CHAPTER 61

IOWA STANDARDS OF PRACTICE FOR ATTORNEYS REPRESENTING

PARENTS IN JUVENILE COURT

These standards do not add obligations to the Iowa Rules of Professional Conduct, but like

the comments to those rules, they provide guidance to attorneys representing parents in juvenile

proceedings for practicing in compliance with the rules. In the event of any conflict between

these standards and a rule of professional conduct, the requirements of the rule take precedence.

The parent’s attorney shall:

I. General

1. Adhere to all educational requirements before accepting a court appointment to represent a

client in a child welfare case. Acquire sufficient working knowledge of all relevant federal and state

laws, regulations, policies, and rules.

2. Avoid continuances and work to reduce delays in court proceedings unless warranted by the

interests of the client.

3. Communicate as needed with other professionals in the case to protect or advance the client’s

interests.

II. Relationship with the Client

4. Establish and maintain a working relationship with the client. Communicate with the client

prior to the day of hearing and when apprised of emergencies or significant events.

5. Advocate for the client’s goals. Empower the client to direct the representation and make

informed decisions.

6. Understand and protect the client’s rights to information and decision-making while the child is

placed out of the home.

7. Act in accordance with the duty of loyalty owed to the client while adhering to all laws and

ethical obligations concerning confidentiality. Avoid potential conflicts of interest that would interfere

with the competent representation of the client. Comply with all other Iowa Rules of Professional

Conduct.

8

t’s rights to information and decision-making while the child is

placed out of the home.

7. Act in accordance with the duty of loyalty owed to the client while adhering to all laws and

ethical obligations concerning confidentiality. Avoid potential conflicts of interest that would interfere

with the competent representation of the client. Comply with all other Iowa Rules of Professional

Conduct.

8. Provide the client with all relevant contact information. Establish a system that promotes regular

client-attorney contact.

9. Communicate with the client in a manner that promotes advocacy and adequate preparation to

support the client’s position.

10. Take reasonable steps to communicate with incarcerated clients and to locate clients who

become absent. Develop representation strategies. Establish a plan for the client’s participation in

case-related events.

11. Communicate with and counsel the client about financial implications of the juvenile matter

to promote and protect the client’s interest.

12. Investigate and consider the client’s background and its impact on the case. Act in a culturally

competent manner and with due regard to disabilities or unique circumstances of the client. Advocate

for appropriate supportive services with the child welfare agency and court.

III. Investigation and Court Preparation

13. Conduct an independent investigation at every stage of the proceeding as reasonable and

necessary.

14. Use effective discovery methods according to the Iowa Rules of Juvenile Procedure.

15. Consult with the client to develop a case theory and strategy. Explain the statutory timeline

for the case.

16. Timely file appropriate pleadings, motions, and briefs.

I. Investigation and Court Preparation

13. Conduct an independent investigation at every stage of the proceeding as reasonable and

necessary.

14. Use effective discovery methods according to the Iowa Rules of Juvenile Procedure.

15. Consult with the client to develop a case theory and strategy. Explain the statutory timeline

for the case.

16. Timely file appropriate pleadings, motions, and briefs.

January 2024

17. Engage in multidisciplinary case planning and advocate for appropriate services and high

quality family interaction.

18.

Effectively participate with the client in family team meetings, mediation, and other

negotiations.

19. Thoroughly prepare the client in advance for all hearings, meetings, and other case events.

20. Identify, locate, and prepare necessary lay and expert witnesses. Prepare for cross-examination

and, when permissible, interview those witnesses.

21. Review court orders to ensure accuracy and clarity. Review orders with the client. Take

reasonable steps to ensure the client complies with court orders.

22. Continually evaluate whether the case should be reviewed by the court prior to the next

scheduled hearing date to ensure case progress.

23. Timely file reasonable and necessary post-hearing motions.

IV. Appeal

24. Consider and discuss appeal options and deadlines with the client.

25. Timely file appeal documents if the client decides to appeal. Adhere to the Iowa Rules of

Appellate Procedure.

26. Timely review the ruling and discuss its implications with the client.

27. Consider and discuss further review options.

Commentary to the Iowa Standards of Practice for

Attorneys Representing Parents in Juvenile Court

The parent’s attorney shall:

I. General

1. Adhere to all educational requirements before accepting a court appointment to represent

a client in a child welfare case. Acquire sufficient working knowledge of all relevant federal and

state laws, regulations, policies, and rules

ss further review options.

Commentary to the Iowa Standards of Practice for

Attorneys Representing Parents in Juvenile Court

The parent’s attorney shall:

I. General

1. Adhere to all educational requirements before accepting a court appointment to represent

a client in a child welfare case. Acquire sufficient working knowledge of all relevant federal and

state laws, regulations, policies, and rules.

Commentary

[1] As in all areas of law, it is essential that attorneys learn the substantive law as well as local

practice. A client’s fundamental liberty interest in the care and custody of the client’s child is at

stake, and the attorney must be adequately trained to protect this interest. The attorney must know

enough about all relevant laws to vigorously advocate for the client’s interests. Additionally, the

attorney must be able to use procedural, evidentiary, and confidentiality laws and rules to protect the

client’s rights throughout court proceedings.

[2] It is essential for the attorney to read and understand all state laws, policies, and procedures

regarding child abuse and neglect. In addition, the attorney must be familiar with other applicable

laws to recognize when they are relevant to a case and to conduct research if necessary. Examples of

potentially relevant laws include but are not limited to:

•

Titles IV-B and IV-E of the Social Security Act, including the Adoption and Safe Families Act

(AFSA), 42 U.S.C. §§620-679 and the ASFA Regulations, 45 C.F.R. Parts 1355, 1356, 1357

•

Child Abuse Prevention Treatment Act (CAPTA), P.L.108-36

•

Indian Child Welfare Act (ICWA) 25 U.S.C. §§190-963; ICWA Regulations, 25 C.F.R. Part 23;

Guidelines for State Courts: Indian Child Custody Proceedings, 44 Fed. Reg. 67, 584 (Nov. 26,

1979)

•

State Indian Child Welfare Act laws

•

Multi-Ethnic Placement Act (MEPA), as amended by the Inter-Ethnic Adoption Provisions of

1996 (MEPA-IEP) 42 U.S.C. §622 (b)(9) (1998), 42 U.S.C. §671(a)(18) (1998), 42 U.S.C. §1996b

d Welfare Act (ICWA) 25 U.S.C. §§190-963; ICWA Regulations, 25 C.F.R. Part 23;

Guidelines for State Courts: Indian Child Custody Proceedings, 44 Fed. Reg. 67, 584 (Nov. 26,

1979)

•

State Indian Child Welfare Act laws

•

Multi-Ethnic Placement Act (MEPA), as amended by the Inter-Ethnic Adoption Provisions of

1996 (MEPA-IEP) 42 U.S.C. §622 (b)(9) (1998), 42 U.S.C. §671(a)(18) (1998), 42 U.S.C. §1996b

(1998)

Ch 61, p.3

•

Interstate Compact on Placement of Children (ICPC)

•

Foster Care Independence Act of 1999 (FCIA), P.L. 106-169

•

Individuals with Disabilities Education Act (IDEA), P.L. 91-230

•

Family Education Rights Privacy Act (FERPA), 20 U.S.C. §1232g

•

Health Insurance Portability and Accountability Act of 1996 (HIPAA), P.L. 104-191 §264, 42

U.S.C. §1320d-2 (in relevant part)

•

Public Health Act, 42 U.S.C. §290dd-2 and 42 C.F.R. Part 2

•

Immigration laws relating to child welfare and child custody

•

State laws and rules of juvenile procedure

•

State laws and rules of evidence

•

State laws and rules of civil procedure

•

State laws and rules of criminal procedure

•

State laws concerning privilege and confidentiality, public benefits, education, and disabilities

•

State laws and rules of professional responsibility or other relevant ethics standards

•

State laws regarding domestic violence

•

State domestic relations laws

2. Avoid continuances and work to reduce delays in court proceedings unless warranted by

the interests of the client.

Commentary

[1] The Iowa Supreme Court has established that juvenile court cases take priority over all other

cases with the exception of civil commitments and domestic abuse cases. See Iowa Supreme Court

Supervisory Orders, dated December 1, 2009, and February 4, 2010.

[2] The attorney should not request a continuance unless there is an emergency or a continuance

otherwise furthers the interests of the client

1] The Iowa Supreme Court has established that juvenile court cases take priority over all other

cases with the exception of civil commitments and domestic abuse cases. See Iowa Supreme Court

Supervisory Orders, dated December 1, 2009, and February 4, 2010.

[2] The attorney should not request a continuance unless there is an emergency or a continuance

otherwise furthers the interests of the client. If a continuance is necessary, the attorney should request

the continuance in writing as far as possible in advance of the hearing and for the shortest period

possible, consistent with the client’s interests. The attorney should object to repeated or prolonged

continuance requests by other parties if the resulting continuance would harm the client.

[3] Delaying a case often increases the time a family is separated and can reduce the likelihood

of reunification. Appearing in court often motivates parties to comply with orders and cooperate

with services. When a judge actively monitors a case, services are often put in place more quickly,

visitation may be increased, and other requests by the client may be granted. If a hearing is continued

and the case is delayed, the client may lose momentum in addressing the issues that led to the

child’s removal, or the client may lose the opportunity to prove compliance with case plan goals.

Additionally, the Adoption and Safe Families Act timelines continue to run despite continuances.

3. Communicate as needed with other professionals in the case to protect or advance the

client’s interests.

Commentary

[1] Communication with others is necessary to ensure the client is involved with key aspects of the

child’s life. This requires open and ongoing communication with attorneys of record, pro se litigants,

and any guardian ad litem (GAL). Similarly, the attorney should communicate with the relatives,

caseworker, foster parents, court appointed special advocate (CASA), and service providers to learn

about the client’s progress and their views of the case, as appropriate

olved with key aspects of the

child’s life. This requires open and ongoing communication with attorneys of record, pro se litigants,

and any guardian ad litem (GAL). Similarly, the attorney should communicate with the relatives,

caseworker, foster parents, court appointed special advocate (CASA), and service providers to learn

about the client’s progress and their views of the case, as appropriate. Rules of professional ethics

govern contact with represented and unrepresented parties.

[2] The attorney should have open lines of communication with any attorneys representing the

client in related matters, such as criminal, protection from abuse, private custody, or administrative

proceedings to ensure that probation orders, protection from abuse orders, private custody orders, and

administrative determinations do not conflict with the client’s goals in the abuse and neglect case.

January 2024

II. Relationship with the Client

4. Establish and maintain a working relationship with the client. Communicate with the

client prior to the day of hearing and when apprised of emergencies or significant events.

Commentary

[1] Gaining the client’s trust and establishing ongoing communication are two essential aspects of

representing the client. The client may feel angry and believe that all of the attorneys in the system

work with the child welfare agency and against that client. The attorney must take care to distinguish

the attorney from others in the system so the client can see that the attorney serves the client’s interests.

The attorney should be mindful that parents often feel disempowered in child welfare proceedings

and should take steps to make the client feel comfortable expressing goals and wishes without fear

of judgment.

[2] The attorney should meet with the client regularly throughout the case. The meetings should

occur well before the hearing, not at the courthouse just minutes before the case is called before the

judge

should be mindful that parents often feel disempowered in child welfare proceedings

and should take steps to make the client feel comfortable expressing goals and wishes without fear

of judgment.

[2] The attorney should meet with the client regularly throughout the case. The meetings should

occur well before the hearing, not at the courthouse just minutes before the case is called before the

judge. The attorney should ask the client questions to obtain information to prepare the case, and

should strive to create a comfortable environment so the client can ask the attorney questions. The

attorney should use these meetings to prepare for court as well as to counsel the client concerning

issues that arise during the course of the case. Information obtained from the client should be used to

propel the investigation.

5. Advocate for the client’s goals. Empower the client to direct the representation and make

informed decisions.

Commentary

[1] Attorneys representing parents must understand the client’s goals and pursue them vigorously.

The attorney should explain that the attorney’s job is to represent the client’s interests and regularly

inquire as to the client’s goals, including ultimate case goals and interim goals. The attorney should

explain all legal aspects of the case and provide comprehensive advice on the advantages and

disadvantages of different options. At the same time, the attorney should be careful not to usurp the

client’s authority to decide the case goals.

6. Understand and protect the client’s rights to information and decision-making while the

child is placed out of the home.

Commentary

[1] Unless and until parental rights are terminated, the client has parental obligations and rights

while a child is in foster care. Advocacy may be necessary to ensure the client is allowed to remain

involved with key aspects of the child’s life

de the case goals.

6. Understand and protect the client’s rights to information and decision-making while the

child is placed out of the home.

Commentary

[1] Unless and until parental rights are terminated, the client has parental obligations and rights

while a child is in foster care. Advocacy may be necessary to ensure the client is allowed to remain

involved with key aspects of the child’s life. Not only should the client’s rights be protected, but

continuing to exercise as much parental responsibility as possible is often an effective strategy to

speed family reunification. Often a client does not understand that the client has the right to help make

decisions for, or obtain information about, the child. Therefore, it is the attorney’s responsibility to

counsel the client and help the client understand and carry out the client’s rights and responsibilities.

[2] The attorney must explain to the client the decision-making authority that remains with the

client and the authority that lies with the child welfare agency while the child is in foster care.

The attorney should seek updates and reports from any service provider working with the child or

the family and help the client obtain information about the child’s safety, health, education, and

well-being when the client desires. Where decision-making rights remain, the attorney should assist

the client in exercising the client’s rights to continue to make decisions regarding the child’s medical,

mental health, and educational services. If necessary, the attorney should intervene with the child

welfare agency, provider agencies, medical providers, and the child’s school to ensure the client has

decision-making opportunities. This may include seeking court orders when the client has been left

out of important decisions about the child’s life.

7. Act in accordance with the duty of loyalty owed to the client while adhering to all laws and

ethical obligations concerning confidentiality

child

welfare agency, provider agencies, medical providers, and the child’s school to ensure the client has

decision-making opportunities. This may include seeking court orders when the client has been left

out of important decisions about the child’s life.

7. Act in accordance with the duty of loyalty owed to the client while adhering to all laws and

ethical obligations concerning confidentiality. Avoid potential conflicts of interest that would

interfere with the competent representation of the client. Comply with all other Iowa Rules of

Professional Conduct.

Ch 61, p.5

Commentary

[1] Attorneys must understand and adhere to ethical obligations and all confidentiality laws,

including Iowa Code chapter 232. The attorney must fully explain to the client the advantages and

disadvantages of choosing to exercise, partially waive, or waive a privilege or right to confidentiality.

Consistent with the client’s interests and goals, the attorney must seek to protect from disclosure

confidential information concerning the client.

[2] Confidential information contained in a client’s substance use disorder treatment records,

domestic violence treatment records, mental health records, or medical records is often at issue in

abuse and neglect cases. Improper disclosure of confidential information early in the proceeding may

have a negative impact on the manner in which the client is perceived by the other parties and the

court. For this reason, it is crucial for the attorney to advise the client promptly as to the advantages

and disadvantages of releasing confidential information, and for the attorney to take whatever steps

necessary to protect the client’s privileges or rights to confidentiality.

[3] The attorney must not represent multiple parties if their interests differ. In most instances,

attorneys should avoid representing both parents in an abuse or neglect case. In situations involving

allegations of domestic violence, the attorney should never represent both parents

d for the attorney to take whatever steps

necessary to protect the client’s privileges or rights to confidentiality.

[3] The attorney must not represent multiple parties if their interests differ. In most instances,

attorneys should avoid representing both parents in an abuse or neglect case. In situations involving

allegations of domestic violence, the attorney should never represent both parents. In the rare case

in which an attorney, after careful consideration of potential conflicts, may represent both parents, it

should only be with their informed consent. Even in cases in which there is no apparent conflict at

the beginning of the case, conflicts may arise as the case proceeds. If this occurs, the attorney might

be required to withdraw from representing one or both parents. This could be difficult for the clients

and delay the case. Other examples of potential conflicts of interest that the attorney should avoid

include representing multiple fathers in the same case or representing parties in a separate case who

have interests adverse to the client in the current case.

8. Provide the client with all relevant contact information. Establish a system that promotes

regular client-attorney contact.

Commentary

[1] The attorney should ensure the client understands how to contact the attorney and that the

attorney wants to hear from the client on an ongoing basis. The attorney should explain that even

when the attorney is unavailable, the client should leave a message. The attorney must respond

to client messages in a reasonable time period. The attorney and client should establish a reliable

communication system that meets the client’s needs. The attorney should be aware of the client’s

circumstances, such as whether the client has access to a telephone, and tailor the communication

system to the individual client. For example, a communication system may involve telephone contact,

email, or communication through a third party when the client agrees to it

nt should establish a reliable

communication system that meets the client’s needs. The attorney should be aware of the client’s

circumstances, such as whether the client has access to a telephone, and tailor the communication

system to the individual client. For example, a communication system may involve telephone contact,

email, or communication through a third party when the client agrees to it. Interpreters should be used

when the attorney and client are not fluent in the same language.

[2] Upon accepting an appointment, the attorney should communicate to the client the importance

of staying in contact with the attorney. While the attorney must communicate as necessary with the

client, and be informed of the client’s wishes before a hearing, the client also must keep in contact

with the attorney. At the beginning of the representation, the attorney should tell the client how to

contact the attorney and discuss the importance of the client keeping the attorney informed of changes

in address, phone numbers, and the client’s whereabouts.

9.

Communicate with the client in a manner that promotes advocacy and adequate

preparation to support the client’s position.

Commentary

[1] The attorney’s job extends beyond the courtroom. The attorney should be a counselor as well as

litigator. The attorney should be available to talk with the client to prepare for hearings and to provide

advice and information about ongoing concerns. Open lines of communication between attorneys and

clients help ensure clients get answers to questions and attorneys get the information and documents

they need.

[2] The attorney should be available for in-person meetings or telephone calls to answer the client’s

questions and address the client’s concerns. The attorney and client should work together to identify

and review short- and long-term goals, particularly as circumstances change during the case.

help ensure clients get answers to questions and attorneys get the information and documents

they need.

[2] The attorney should be available for in-person meetings or telephone calls to answer the client’s

questions and address the client’s concerns. The attorney and client should work together to identify

and review short- and long-term goals, particularly as circumstances change during the case.

January 2024

10. Take reasonable steps to communicate with incarcerated clients and to locate clients who

become absent. Develop representation strategies. Establish a plan for the client’s participation

in case-related events.

Commentary

[1] Absent Parents

The attorney should make reasonable attempts to locate and communicate with absent parents to

formulate the positions the attorney should take at hearings and to understand what information the

client wishes the attorney to share with the child welfare agency and the court. If the attorney is unable

to find and communicate with the client, the attorney should consider filing a motion to withdraw.

[2] Incarcerated Parents

An attorney who is appointed to represent an incarcerated parent has an ethical obligation to

zealously represent that parent, even if the client is not an immediate placement option. Upon being

appointed to represent an incarcerated parent, the attorney should immediately locate the parent.

If the incarcerated client is serving a sentence in Iowa, the attorney can locate that parent using

the Iowa department of corrections website for offender information. If the incarcerated parent is

housed in a federal prison, the Federal Bureau of Prisons website can be used to locate the client.

The attorney must be particularly diligent when representing an incarcerated parent. The attorney

must be aware of the reasons for the incarceration. If the parent is incarcerated as a result of an act

against the child or another child of the parent, the court can order that reasonable efforts to reunite

the family are not required

deral Bureau of Prisons website can be used to locate the client.

The attorney must be particularly diligent when representing an incarcerated parent. The attorney

must be aware of the reasons for the incarceration. If the parent is incarcerated as a result of an act

against the child or another child of the parent, the court can order that reasonable efforts to reunite

the family are not required. The attorney must be prepared to argue against the issuance of such an

order if the client opposes it. Attorneys should counsel the client as to any effects of incarceration and

know statutory and case law concerning incarceration. The attorney should help the client identify

potential kinship placements and advocate for placement with parental relatives who can provide care

for the child while the parent is incarcerated.

[3] Services

The attorney should assist an incarcerated client in obtaining services while incarcerated, such

as substance use disorder treatment, parenting skills, or job training. The attorney must advocate

for reasonable efforts for the client and may have to assist the client and the agency caseworker in

acquisition of those services. The attorney must learn about available resources and seek the support

of the agency and child’s attorney.

[4] Communication

The attorney should counsel an incarcerated client on the importance of maintaining regular

contact with the client’s child while incarcerated. The attorney should advocate for a plan that

fosters communication and visitation by obtaining necessary court orders and working with the

caseworker as well as the correctional facility’s social worker. The attorney must find alternative

ways to communicate with the incarcerated client. This may include visiting the client in prison

or engaging in more extensive phone or mail contact than with other clients. The attorney should

also communicate with the client’s criminal defense attorney.

There may be issues related to

self-incrimination and timing that require coordination between cases

worker. The attorney must find alternative

ways to communicate with the incarcerated client. This may include visiting the client in prison

or engaging in more extensive phone or mail contact than with other clients. The attorney should

also communicate with the client’s criminal defense attorney.

There may be issues related to

self-incrimination and timing that require coordination between cases.

[5] Appearance in Court

An incarcerated client’s participation in court frequently raises issues that require the attorney’s

attention in advance. The attorney should find out from the client if the client wishes to participate

in the hearing. If so, the attorney should make arrangements with the incarcerated client’s prison

counselor to have the parent appear by telephone. The attorney should explain to any client hesitant

to appear that the case will proceed without the client’s presence and should explain the potential

consequences of that choice.

11. Communicate with and counsel the client about financial implications of the juvenile

matter to promote and protect the client’s interest.

Ch 61, p.7

Commentary

[1] It is important to have a thorough discussion with the client of the financial aspects of the

juvenile case. The client is entitled to know the costs associated with services and the funding

mechanism for each. For example, if the child is placed in foster care, Foster Care Services will

be establishing a support obligation to be paid by one or both of the parents. If the child is placed

in foster group care, parents are expected to reimburse all or part of the cost. If the attorney is

court appointed, the client should be made aware of the requirement to repay the state for the court

appointed attorney fees and expenses under Iowa Code section 815.9. The attorney should explain

the work that can be billed under the court appointment, the billing rate, and when the court may

start requiring reimbursement of the fees and expenses

mburse all or part of the cost. If the attorney is

court appointed, the client should be made aware of the requirement to repay the state for the court

appointed attorney fees and expenses under Iowa Code section 815.9. The attorney should explain

the work that can be billed under the court appointment, the billing rate, and when the court may

start requiring reimbursement of the fees and expenses. Copies of all claims submitted to the State

Public Defender for payment must be provided to the parent.

12. Investigate and consider the client’s background and its impact on the case. Act in a

culturally competent manner and with due regard to disabilities or unique circumstances of the

client. Advocate for appropriate supportive services with the child welfare agency and court.

Commentary

[1] The attorney should learn about and understand the client’s background, determine how it

impacts the client’s case, and always show the client respect. The attorney must understand how

cultural and socioeconomic differences affect interaction with the client, and must interpret the client’s

words and actions accordingly.

[2] The child welfare system comprises a diverse group of people, including the clients and

professionals involved. Each person comes to this system with the person’s own set of values and

expectations, but it is essential that each person try to learn about and understand the backgrounds

of others. An individual’s race, ethnicity, gender, sexual orientation, and socioeconomic position

all have an impact on how the person acts and reacts in particular situations. The attorney must

be vigilant against imposing the attorney’s values onto the client, and should, instead, work with

the client within the context of the client’s culture and socioeconomic position. While the court

and child welfare agency have expectations of parents in their treatment of children, the parent’s

advocate must strive to explain these expectations to the client in a sensitive way

s. The attorney must

be vigilant against imposing the attorney’s values onto the client, and should, instead, work with

the client within the context of the client’s culture and socioeconomic position. While the court

and child welfare agency have expectations of parents in their treatment of children, the parent’s

advocate must strive to explain these expectations to the client in a sensitive way. The attorney

should also try to explain how the client’s background might affect the client’s ability to comply

with court orders and agency requests.

[3] The attorney should ensure a formal interpreter is involved when the attorney and client are

not fluent in the same language. The attorney should also advocate for the use of an interpreter when

other professionals in the case who are not fluent in the same language as the client are interviewing

the client.

[4] The attorney and the client should identify barriers to the client engaging in services, such

as employment, transportation, and financial issues.

The attorney should work with the client,

caseworker, and service provider to overcome the barriers.

[5] The attorney should be aware of any special issues the client may have related to participating

in the proposed case plan, such as difficulties in reading or language differences, and advocate with

the child welfare agency and court for appropriate supportive services.

[6] Attorneys representing parents must be able to determine whether a client’s mental status,

including mental illness or mental retardation, interferes with the client’s ability to make decisions

about the case. The attorney should be familiar with any mental health diagnosis and treatment that

a client has had in the past or is undergoing, including any medications for such conditions.

III. Investigation and Court Preparation

13. Conduct an independent investigation at every stage of the proceeding as reasonable and

necessary

rdation, interferes with the client’s ability to make decisions

about the case. The attorney should be familiar with any mental health diagnosis and treatment that

a client has had in the past or is undergoing, including any medications for such conditions.

III. Investigation and Court Preparation

13. Conduct an independent investigation at every stage of the proceeding as reasonable and

necessary.

Commentary

[1] The attorney should seek updates and reports from any service provider working with the child

or the family and should help the client obtain information about the child’s safety, health, education,

and well-being when the client desires.

January 2024

[2] Often, the client is the best source of information for the attorney, and the attorney should

set aside time to obtain that information. Since the interview may involve disclosure of sensitive

or painful information, the attorney should explain attorney-client confidentiality to the client. The

attorney may need to work hard to gain the client’s trust, but if a trusting relationship can be developed,

the attorney will have an easier time representing the client. The investigation will be more effective

if guided by the client, as the client generally knows firsthand what occurred in the case.

[3] The attorney must take all necessary steps to prepare each case. A thorough investigation is

an essential element of preparation. The attorney cannot rely solely on what the agency caseworker

reports about the client. Rather, the attorney should contact service providers who work with the

client, relatives who can discuss the client’s care of the child, the child’s teacher, or other people who

can clarify information relevant to the case. If necessary, the attorney should petition the court for

funds to hire an investigator.

14. Use effective discovery methods according to the Iowa Rules of Juvenile Procedure.

Commentary

[1] The attorney should ask for and review the agency case file as early during the course of

representation as possible

child, the child’s teacher, or other people who

can clarify information relevant to the case. If necessary, the attorney should petition the court for

funds to hire an investigator.

14. Use effective discovery methods according to the Iowa Rules of Juvenile Procedure.

Commentary

[1] The attorney should ask for and review the agency case file as early during the course of

representation as possible. The file contains useful documents that the attorney may not yet have

and will instruct the attorney on the agency’s case theory. If the agency case file is inaccurate, the

attorney should seek to correct it. The attorney must read the case file periodically because the agency

is continually adding information.

[2] While an independent investigation is essential, it is also important that the attorney understands

the information the agency is relying on to further its case. The case file should contain a history about

the family that the client may not have shared and important reports and information about both the

child and parent that the attorney must understand for hearings as well as settlement conferences.

Unless the attorney also has the information the agency has, the attorney will walk into court at a

disadvantage.

[3] As part of the discovery phase, the attorney should gather all relevant documentation regarding

the case that might shed light on the allegations, the service plan, and the client’s strengths as a parent.

The attorney should not limit the scope of discovery prematurely because information about past or

present criminal, protection from abuse, private custody, or administrative proceedings involving the

client can have an impact on the abuse and neglect case. The attorney should also review the following

kinds of documents:

•

Social service records

•

Court records

•

Medical records

•

School records

•

Evaluations of all types

[4] The attorney should obtain reports and records from service providers

resent criminal, protection from abuse, private custody, or administrative proceedings involving the

client can have an impact on the abuse and neglect case. The attorney should also review the following

kinds of documents:

•

Social service records

•

Court records

•

Medical records

•

School records

•

Evaluations of all types

[4] The attorney should obtain reports and records from service providers.

[5] Discovery is not limited to information regarding the client, but may include records of

others such as the other parent, stepparents, the child, relatives, and nonrelative caregivers.

In

preparing the client’s case, the attorney must try to learn as much about the client and the family as

possible. Various records may contradict or supplement the agency’s account of events. Gathering

documentation to verify the client’s reports about what occurred before the child came into care and

to show progress the client is making during the case is necessary to provide concrete evidence for

the court. Documentation may also alert the attorney to issues the client is having that the client did

not share with the attorney. The attorney may be able to intercede and assist the client with service

providers, agency caseworkers, and others.

[6] The attorney should know what information is needed to prepare the case and understand the

best methods of obtaining that information. The attorney should become familiar with the pretrial

requests and actions used in the jurisdiction and use whatever tools are available to obtain necessary

information. When informal discovery proves inadequate, the attorney should consider the following

types of formal discovery: depositions, interrogatories (including expert interrogatories), requests for

methods of obtaining that information. The attorney should become familiar with the pretrial

requests and actions used in the jurisdiction and use whatever tools are available to obtain necessary

information. When informal discovery proves inadequate, the attorney should consider the following

types of formal discovery: depositions, interrogatories (including expert interrogatories), requests for

Ch 61, p.9

production of documents, requests for admissions, and motions for mental or physical examination

of a party.

[7] The attorney, when appropriate and consistent with the client’s interests and goals, should take

all necessary steps to preserve and protect the client’s rights by opposing discovery requests of other

parties.

15. Consult with the client to develop a case theory and strategy. Explain the statutory

timeline for the case.

Commentary

[1] The attorney should spend time with the client to prepare the case and address questions and

concerns. The attorney should clearly explain the allegations made against the client, what is likely

to happen before, during, and after each hearing, and what steps the client can take to increase

the likelihood of reuniting with the child. The attorney should explain any settlement options and

determine whether the client wants the attorney to pursue such options. The attorney should explain

courtroom procedures. The attorney should write to the client to ensure the client understands what

happened in court and what is expected of the client.

[2] Once the attorney has completed the initial investigation and discovery, including interviews

with the client, the attorney should develop a strategy for representation. The strategy may change

throughout the case, depending on the client’s progress and other considerations, but the initial theory

is important to assist the attorney in staying focused on the client’s wishes and on what is achievable.

The theory of the case should inform the attorney’s preparation for hearings and arguments to the court

throughout the case

uld develop a strategy for representation. The strategy may change

throughout the case, depending on the client’s progress and other considerations, but the initial theory

is important to assist the attorney in staying focused on the client’s wishes and on what is achievable.

The theory of the case should inform the attorney’s preparation for hearings and arguments to the court

throughout the case. It should also help the attorney decide which evidence to develop for hearings

and the steps to take to move the case toward the client’s ultimate goals (for example, requesting

increased visitation when a client becomes engaged in services).

[3] At the beginning of a case, the attorney and the client should develop timelines that contain

deadlines and important dates and develop a tickler or calendar system to track the deadlines and

dates. The timeline should specify the actions the attorney and client will need to take and the dates

for completion. The attorney and the client should know when important dates will occur and should

be focused on timely accomplishing the objectives in the case plan. The attorney should provide the

client with a timeline or calendar outlining known and prospective court dates, service appointments,

deadlines, and critical points of attorney-client contact. The attorney should record federal and state

law deadlines in the system (for example, the presumptive date at which termination of parental rights

can occur if the child is not in the custody of the parents).

[4] Having a consistent calendaring system can help an attorney manage a busy caseload. Clients

should receive a hard copy calendar to keep track of appointments and important dates. This helps

clients stay focused on accomplishing the service plan goals and meeting court-imposed deadlines.

16. Timely file appropriate pleadings, motions, and briefs.

Commentary

[1] The attorney should make appropriate motions and evidentiary objections to advance the

client’s position during the hearing

ients

should receive a hard copy calendar to keep track of appointments and important dates. This helps

clients stay focused on accomplishing the service plan goals and meeting court-imposed deadlines.

16. Timely file appropriate pleadings, motions, and briefs.

Commentary

[1] The attorney should make appropriate motions and evidentiary objections to advance the

client’s position during the hearing.

If necessary, the attorney should file briefs in support of

the client’s position on motions and evidentiary issues. The attorney should always be aware of

preserving legal issues for appeal.

[2] It is essential the attorney understands the applicable rules of evidence and all court rules

and procedures. The attorney must be willing and able to make appropriate motions, objections,

and arguments (for example, objecting to the qualification of expert witnesses or raising the issue

of the child welfare agency’s lack of reasonable efforts). When a case presents a complicated or

new legal issue, the attorney should conduct the appropriate research before appearing in court. The

attorney must have a solid understanding of the relevant law and be able to present it to the judge in a

compelling and convincing way. The attorney should be prepared to distinguish case law that appears

to be unfavorable.

[3] Arguments in child welfare cases are often fact-based. Nonetheless, the attorney should ground

his or her arguments in statutory, regulatory, and common law. These sources of law exist in each

solid understanding of the relevant law and be able to present it to the judge in a

compelling and convincing way. The attorney should be prepared to distinguish case law that appears

to be unfavorable.

[3] Arguments in child welfare cases are often fact-based. Nonetheless, the attorney should ground

his or her arguments in statutory, regulatory, and common law. These sources of law exist in each

January 2024

jurisdiction, as well as in federal law. Additionally, law from other jurisdictions can be used to sway

a court in the client’s favor. An attorney who has a firm grasp of the law, and who is willing to do

legal research on an individual case, may have more credibility before the court. At times, competent

representation requires advancing legal arguments that are not yet accepted in the jurisdiction. The

attorney should be mindful to preserve issues for appellate review by making a record even if the

argument is unlikely to prevail at the trial level.

17. Engage in multidisciplinary case planning and advocate for appropriate services and

high quality family interaction.

Commentary

[1] The attorney must advocate for the client both in and out of court. Consistent, high quality

family interaction is one of the best predictors of successful reunification between a parent and child.

Often visits are arranged in settings that are uncomfortable and inhibiting for families. It is important

that the attorney seek the best possible family interaction. Effort should be made to have family

interaction that is unsupervised or at the lowest possible level of supervision. Families are often

more comfortable when relatives, family friends, clergy, or other community members, rather than

caseworkers, are recruited to supervise family interaction. The attorney should advocate for family

interaction to occur in the most family-friendly locations possible, such as in the family’s home, parks,

libraries, restaurants, places of worship, or other community venues

ervision. Families are often

more comfortable when relatives, family friends, clergy, or other community members, rather than

caseworkers, are recruited to supervise family interaction. The attorney should advocate for family

interaction to occur in the most family-friendly locations possible, such as in the family’s home, parks,

libraries, restaurants, places of worship, or other community venues.

[2] The attorney should know the social, mental health, substance use disorder, and other treatment

services that are available to parents and families in the jurisdiction in which the attorney practices so

that the attorney can advocate effectively for the client to receive these services. The attorney should

ask the client if the client wishes to engage in services. If so, the attorney must determine whether

the client has access to the necessary services to overcome the issues that led to the case.

[3] The services in which the client is involved must be tailored to the client’s needs, and not

merely hurdles over which the client must jump (for example, if the client is taking parenting classes,

the classes must be relevant to the underlying issues in the case).

[4] The attorney should advocate for an effective family interaction plan and counsel the client on

the importance of regular contact with the child. Preservation of parent-child bonds through regular

family interaction is essential to any reunification effort. Courts and child welfare agencies may need

to be urged to develop family interaction plans that best fit the needs of the individual family. Factors

to consider in family interaction plans include:

•

Frequency

•

Length

•

Location

•

Supervision

•

Types of activities

•

Visit coaching—having someone at the visit who can model effective parenting skills

[5] For a client to succeed in a child welfare case, the client must receive and cooperate with social

services

op family interaction plans that best fit the needs of the individual family. Factors

to consider in family interaction plans include:

•

Frequency

•

Length

•

Location

•

Supervision

•

Types of activities

•

Visit coaching—having someone at the visit who can model effective parenting skills

[5] For a client to succeed in a child welfare case, the client must receive and cooperate with social

services. It is therefore necessary that the attorney do whatever possible to obtain appropriate services

for the client and then counsel the client about participating in such services. Examples of services

common to child welfare cases include:

•

Evaluations

•

Family preservation or reunification services

•

Medical and mental health care

•

Drug and alcohol treatment

•

Domestic violence prevention, intervention, or treatment

•

Parenting education

•

Education and job training

•

Housing

Ch 61, p.11

•

Child care

•

Funds for public transportation so the client can receive services

[6] When necessary, the attorney should seek court orders to require the child welfare agency

to provide services or family interaction for the client. The attorney may need to ask the court to

enforce previously entered orders if the agency did not comply with them in a reasonable period.

The attorney should consider whether the child’s representative (lawyer, GAL, or CASA) might be

an ally on service and visitation issues. If so, the attorney should solicit the child’s representative’s

assistance and work together in making requests to the agency and the court.

18. Effectively participate with the client in family team meetings, mediation, and other

negotiations.

Commentary

[1] A family team meeting is a voluntary process for a family involved with the department of

health and human services (department). It is designed to engage and support the family in the case

planning, case management, and case closure process. A family team meeting is not an adversarial

setting, and it may seem to the attorney that social work is occurring

on, and other

negotiations.

Commentary

[1] A family team meeting is a voluntary process for a family involved with the department of

health and human services (department). It is designed to engage and support the family in the case

planning, case management, and case closure process. A family team meeting is not an adversarial

setting, and it may seem to the attorney that social work is occurring. Attorneys for parents may

misunderstand the critical nature of family team meetings. The family team meeting forum is one of

the most important stages of juvenile court because it is where the department develops or refines the

case plan. The case plan is a key document the court will use to assess whether the client has made

progress. The case plan also should be the framework for the attorney to develop the theory of the

case.

[2] The attorney should attend family team meetings and actively engage in case planning to ensure

the client asks the department for and receives the needed services. The attorney should be prepared

to object to the department’s inclusion of services in the case plan that are beyond the client’s needs.

If the department continues to require services that are not tailored to the client’s specific needs, the

attorney must bring the issue before the court on the grounds of a lack of reasonable efforts.

[3] The attorney should be available to accompany the client to other important meetings during

a case if the client requests. Whenever possible, the attorney should engage in a dialogue with the

social worker and service provider to monitor the department’s perspective of the client’s progress.

The attorney should act as a liaison and advocate for the client with the social worker and service

provider.

19. Thoroughly prepare the client in advance for all hearings, meetings, and other case

events.

Commentary

[1] The attorney must prepare for and attend all hearings. Part of that preparation is to thoroughly

prepare the client in advance of the hearing

perspective of the client’s progress.

The attorney should act as a liaison and advocate for the client with the social worker and service

provider.

19. Thoroughly prepare the client in advance for all hearings, meetings, and other case

events.

Commentary

[1] The attorney must prepare for and attend all hearings. Part of that preparation is to thoroughly

prepare the client in advance of the hearing. This also includes thoroughly preparing an incarcerated

client in advance of hearings and other case events.

[2] The attorney and the client must be prepared and present in court. The attorney’s failure to

participate in the proceedings in which all other parties are represented may disadvantage the client.

Therefore, the attorney should be actively involved in this stage. Attorneys must appear for all court

appearances on time. If the attorney has a conflict with another courtroom appearance, the attorney

should notify the court and other parties and request a short continuance. In a substantive hearing, the

attorney should avoid having another attorney stand in to represent the client, especially if the other

attorney is unfamiliar with the client or case.

20.

Identify, locate, and prepare necessary lay and expert witnesses.

Prepare for

cross-examination and, when permissible, interview those witnesses.

Commentary

[1] The attorney must be able to present witnesses effectively to advance the client’s position.

Witnesses must be prepared in advance, and the attorney should know the evidence that will be

presented through the witnesses. The attorney must also be skilled at cross-examining opposing

parties’ witnesses. The attorney must know how to offer documents, photos, and physical objects

into evidence.

ary

[1] The attorney must be able to present witnesses effectively to advance the client’s position.

Witnesses must be prepared in advance, and the attorney should know the evidence that will be

presented through the witnesses. The attorney must also be skilled at cross-examining opposing

parties’ witnesses. The attorney must know how to offer documents, photos, and physical objects

into evidence.

January 2024

[2] At each hearing, the attorney should keep the case theory in mind; advocate for the child to

return home and for appropriate services, if that is the client’s position; and request that the court state

its expectations of all parties.

[3] Becoming a strong courtroom attorney takes practice and attention to detail. The attorney must

be sure to learn the rules on presenting witnesses, impeaching testimony, and entering evidence. The

attorney should seek out training in trial skills and observe more experienced trial attorneys to learn

from them. Even if the attorney is more seasoned, effective direct and cross-examination require

careful preparation. The attorney must know the relevant records well enough to be able to impeach

adverse witnesses and bring out in both direct and cross-examinations any information that would

support the client’s position. Attorneys who are not as experienced may wish to consult with other

experienced attorneys about complex cases. Presenting and cross-examining witnesses are skills with

which the attorney must be comfortable.

[4] The attorney, in consultation with the client, should develop a witness list well before a hearing.

The attorney should not assume the agency will call a witness, even if the witness is named on the

agency’s witness list. The attorney should, when possible, contact the potential witnesses to determine

if they can provide helpful testimony.

[5] When appropriate, witnesses should be informed that a subpoena is on its way. The attorney

should also ensure the subpoena is served

ell before a hearing.

The attorney should not assume the agency will call a witness, even if the witness is named on the

agency’s witness list. The attorney should, when possible, contact the potential witnesses to determine

if they can provide helpful testimony.

[5] When appropriate, witnesses should be informed that a subpoena is on its way. The attorney

should also ensure the subpoena is served. The attorney should subpoena potential agency witnesses

(for example, a previous caseworker) who have favorable information about the client.

[6] The attorney should set aside time before the hearing to fully prepare all witnesses in person.

The attorney should remind the witnesses about the court date.

[7] Preparation is the key to successfully resolving a case, either in negotiation or trial. The attorney

should plan as early as possible for the case and make arrangements accordingly. Witnesses may have

direct knowledge of the allegations against the client. They may be service providers working with

the client or individuals from the community who can testify generally about the family’s strengths.

[8] When appropriate, the attorney should consider working with other parties who share the

client’s position (such as the child’s representative) when creating a witness list, issuing subpoenas,

and preparing witnesses. Doctors, nurses, teachers, therapists, and other potential witnesses have

busy schedules and need advance warning about the date and time of the hearing.

[9] Witnesses are often nervous about testifying in court.

The attorney should prepare them

thoroughly so they feel comfortable with the process.

Preparation may include rehearsing the

specific questions that will be asked on direct examination and anticipating the questions that might

arise on cross-examination. The attorney should provide written questions for those witnesses who

need them.

[10] Often a case requires multiple experts in different roles, such as experts in medicine, mental

health treatment, drug and alcohol treatment, or social work

n may include rehearsing the

specific questions that will be asked on direct examination and anticipating the questions that might

arise on cross-examination. The attorney should provide written questions for those witnesses who

need them.

[10] Often a case requires multiple experts in different roles, such as experts in medicine, mental

health treatment, drug and alcohol treatment, or social work. Experts may be needed for ongoing

case consultation in addition to providing testimony at trial. The attorney should consider whether

the opposing party is calling expert witnesses and determine whether the client needs to call any

experts.

[11] When expert testimony is required, the attorney should identify the qualified experts and seek

necessary funds to retain them in a timely manner. The attorney should subpoena the witnesses,

giving them as much advance notice of the court date as possible. As is true for all witnesses, the

attorney should spend as much time as possible preparing the expert witnesses for the hearing. The

attorney should be competent in qualifying expert witnesses.

21. Review court orders to ensure accuracy and clarity. Review orders with the client. Take

reasonable steps to ensure the client complies with court orders.

Commentary

[1] The client may be angry about being involved in the child welfare system, and a court order that

is not in the client’s favor could add stress and frustration. It is essential that the attorney take time,

either immediately after the hearing or at a meeting soon after the court date, to discuss the hearing

and the outcome with the client.

nsure the client complies with court orders.

Commentary

[1] The client may be angry about being involved in the child welfare system, and a court order that

is not in the client’s favor could add stress and frustration. It is essential that the attorney take time,

either immediately after the hearing or at a meeting soon after the court date, to discuss the hearing

and the outcome with the client.

Ch 61, p.13

[2] After the hearing, the attorney should review the written order to ensure it reflects the court’s

oral order, if any. If the order is incorrect, the attorney should take the necessary steps to correct it.

The attorney should provide the client with a copy of the order and should review the order with the

client to ensure the client understands it. If the client is unhappy with the order, the attorney should

counsel the client about options for appeal or to request rehearing on the order, but the attorney should

explain that the order is in effect unless a stay or other relief is secured. The attorney should counsel

the client on the potential consequences of failing to comply with a court order.

22. Continually evaluate whether the case should be reviewed by the court prior to the next

scheduled hearing date to ensure case progress.

Commentary

[1] The attorney should play an active role in assisting the client in complying with court orders,

obtaining family interaction, and securing other necessary services. The attorney should speak with

the client regularly about progress and any difficulties the client is encountering while trying to comply

with the court order or service plan.

[2] If the client is attempting to comply with the order and case plan but another party, such as the

department or a contracted provider, is not meeting the party’s responsibilities, the attorney should

approach the other party and seek assistance on behalf of the client

rly about progress and any difficulties the client is encountering while trying to comply

with the court order or service plan.

[2] If the client is attempting to comply with the order and case plan but another party, such as the

department or a contracted provider, is not meeting the party’s responsibilities, the attorney should

approach the other party and seek assistance on behalf of the client.

[3] When the department is not offering appropriate services to meet the needs of the client to

promote reunification, the attorney should first request the department in writing to provide the needed

services to the client. If the department still does not provide reasonable efforts to preserve and unify

the family or make it possible for the child to return home safely, the attorney should consider filing a

motion alleging the department is not making reasonable efforts and request the case immediately be

brought back to court to litigate this issue. See Iowa Code section 232.102(12)—Reasonable Efforts.

23. Timely file reasonable and necessary post-hearing motions.

IV. Appeal

24. Consider and discuss appeal options and deadlines with the client.

Commentary

[1] The attorney should inform the client of appeal rights and the expedited appellate deadlines in

juvenile cases. The attorney should counsel the client on the likelihood of a successful appeal and

the potential consequences of an appeal. The attorney should always litigate the case and preserve

the record with the assumption there may be a subsequent appeal.

25. Timely file appeal documents if the client decides to appeal. Adhere to the Iowa Rules of

Appellate Procedure.

Commentary

[1] The attorney shall carefully review obligations under the Iowa Rules of Appellate Procedure

and timely file all paperwork. A summary follows:

Notice of appeal. A notice of appeal must be filed within 15 days of the date of the order and signed

by the attorney and the client. Iowa Rs. App. P. 6.101(1) and 6.102(1)(a), see Form 4 in rule 6.1401

o the Iowa Rules of

Appellate Procedure.

Commentary

[1] The attorney shall carefully review obligations under the Iowa Rules of Appellate Procedure

and timely file all paperwork. A summary follows:

Notice of appeal. A notice of appeal must be filed within 15 days of the date of the order and signed

by the attorney and the client. Iowa Rs. App. P. 6.101(1) and 6.102(1)(a), see Form 4 in rule 6.1401.

The notice shall be served upon all counsel of record, all unrepresented parties, the attorney general,

and the clerk of the supreme court pursuant to Iowa Rules of Civil Procedure 1.442(2) and 1.442(7).

The notice of appeal shall include a certificate of service in the form provided in rule 1.442(7).

Notice of cross appeal. A notice of cross appeal must be filed within the 15-day limit for filing

a notice of appeal, or within 10 days after filing of the notice of appeal, whichever is later. Iowa R.

App. P. 6.101(2)(a).

Petition on appeal. The protocol for a juvenile appeal under Iowa Code chapter 232 differs

somewhat from other appeals.

Unless a petition on appeal is filed, the juvenile appeal will be

dismissed. Iowa Rs. App. P. 6.102(1)(b) and 6.201(1) & (2); see Form 5 in rule 6.1401. Ensure all

necessary attachments are included, a certificate of service is included, and the petition is served

in the same manner as the notice of appeal. Iowa R. App. P. 6.201(1). If the petition is not served

January 2024

within 15 days after filing the notice of appeal, the appeal will be dismissed with no recourse. Iowa

R. App. P. 6.201(2). Extensions will most likely not be granted, as the rules explicitly state, “The

time for filing a petition on appeal shall not be extended.” Iowa R. App. P. 6.201(1)(b).

Response to petition on appeal. A response to a petition on appeal is optional unless a notice of

cross-appeal was filed. Iowa R. App. P. 6.202(1)

of appeal, the appeal will be dismissed with no recourse. Iowa

R. App. P. 6.201(2). Extensions will most likely not be granted, as the rules explicitly state, “The

time for filing a petition on appeal shall not be extended.” Iowa R. App. P. 6.201(1)(b).

Response to petition on appeal. A response to a petition on appeal is optional unless a notice of

cross-appeal was filed. Iowa R. App. P. 6.202(1). Similar to the petition on appeal, careful attention

should be paid to the rules with regard to notice, service, length, form (including acceptable font and

number of pages), the number of copies to be served, and cover. See Form 6 in Iowa R. App. P.

6.1401.

Reply to issues raised in cross appeal. A reply to the cross-appeal issues must be filed within 7

days after service of the Appellee’s response. Iowa R. App. P. 6.203.

Filing fee. Within 7 days after filing the notice of appeal, the appellant shall pay the filing fee

as provided in Iowa Rule of Appellate Procedure 6.702(1) or request a waiver or deferral of the fee

pursuant to rule 6.702(2).

Ordering transcript. Within 7 days after filing the notice of appeal, the appellant shall use a

combined certificate to order a transcript from the court reporter. Iowa Rs. App. P. 6.803(1) and

6.804; see Form 2 in rule 6.1401.

Transmission of record. Within 30 days of the filing of the notice of appeal, the appellant shall

request the clerk of the district court to transmit the record to the clerk of the supreme court. Iowa

R. App. P. 6.204. In Iowa Code chapter 232 cases, the court reporter then has 30 days to file the

transcript. Iowa R. App. P. 6.803(3)(b).

Disposition of appeal. After reviewing the petition on appeal, any response, any reply, and the

record, the appellate court may affirm or reverse, remand, or set the case for full briefing as directed

by the court. Iowa Rs. App. P. 6.205(1) and 6.902(1)(d). If the court of appeals affirms or reverses

the court’s order, or remands the case, further review pursuant to Iowa Rule of Appellate Procedure

6.1103 may be sought

After reviewing the petition on appeal, any response, any reply, and the

record, the appellate court may affirm or reverse, remand, or set the case for full briefing as directed

by the court. Iowa Rs. App. P. 6.205(1) and 6.902(1)(d). If the court of appeals affirms or reverses

the court’s order, or remands the case, further review pursuant to Iowa Rule of Appellate Procedure

6.1103 may be sought. The court of appeals’ refusal to grant full briefing shall not constitute grounds

for further review by the supreme court. Iowa R. App. P. 6.205(2).

[2] The petition on appeal should clearly, concisely, and comprehensively state the material

relevant facts, legal issues, and supporting legal authority as they relate to the issues presented

for appeal. The petition should present all relevant case law and present the best legal arguments

available in state and federal law for the client’s position. The petition should include novel legal

arguments if there is a chance of developing favorable law in support of the client’s claim.

[3] The attorney shall keep the client informed of the status of the appeal. The client should be

informed of the date, time, and place scheduled for oral argument of the appeal.

26. Timely review ruling and discuss its implications with the client.

Commentary

[1] The attorney shall communicate the result of the appeal and its implications immediately upon

learning of the decision, so the client does not find out from another source, and the attorney shall

provide the client with a copy of the appellate decision.

27. Consider and discuss further review options.

Commentary

[1] If the court of appeals affirms or reverses the court’s order, or remands the case, further review

pursuant to Iowa Rule of Appellate Procedure 6.1103 may be sought. The court of appeals’ refusal to

grant full briefing shall not constitute grounds for further review by the supreme court. Iowa R. App.

P. 6.205(2).

[Court Order August 28, 2018; June 30, 2023, effective July 1, 2023; January 26, 2024]