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Iowa Code 600A.6A - Right to and appointment of counsel

Iowa Code > Title XV > Subtitle 1 > Chapter 600A > § 600A.6A. Right to and appointment of counsel

^{Current as of: 2009}

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1. Upon the filing of a petition for termination of parental rights under this chapter , the parent identified in the petition shall have the right to counsel in connection with all subsequent hearings and proceedings.

2. If the parent against whom the petition is filed desires but is financially unable to employ counsel, the court, following an in-court colloquy, shall appoint counsel for the person if all of the following criteria are met:

a . The person requests appointment of counsel.

b . The person is indigent.

c . The court determines both of the following:

(1) The person, because of lack of skill or education, would have difficulty in presenting the person’s version of the facts in dispute, particularly where the presentation of the facts requires the examination or cross-examination of witnesses or the presentation of complex documentary evidence.

(2) The person has a colorable defense to the termination of parental rights, or there are substantial reasons that make termination of parental rights inappropriate.