Iowa now has practice standards for children's lawyers in CINA and termination cases.

Chapter 64 fills a gap in Iowa's juvenile court rules

On August 21, 2026, the Iowa Supreme Court adopted chapter 64 of the Iowa Court Rules, titled "Iowa Standards of Practice for Lawyers Representing Children in Child in Need of Assistance (CINA) and Termination of Parental Rights (TPR) Proceedings." Chief Justice Susan Larson Christensen signed the order. The chapter takes effect January 1, 2027.

Iowa already had standards for lawyers representing parents in juvenile court under chapter 61 and for lawyers representing children in custody cases under chapter 62. It had no comparable standards for lawyers representing children in CINA and TPR proceedings. Chapter 64 fills that gap.

The standards apply to all lawyers representing children in proceedings under Iowa Code chapter 232. They contain 18 numbered standards with commentary, organized under Introduction, Definitions, General Authority and Duties, Relationship with the Client, Investigation and Court Preparation, Appeals, and End of Proceedings.

The Child Representation Workgroup convened by the Iowa Children's Justice Advisory Committee recommended the standards. The court accepted public comments from December 8, 2025, through March 8, 2026. One public comment was submitted. The workgroup made further changes before adoption.

The chapter says its use of the word "child" reflects the legal definition used for juvenile court jurisdiction. It does not diminish the young person's voice or agency.

The lawyer's role determines whose direction controls

Chapter 64 defines three roles.

A Child's Attorney provides independent legal services and owes the child the same duties of undivided loyalty, confidentiality and competent representation owed to an adult client. The lawyer advocates for the child's expressed interests and takes direction from the client.

A guardian ad litem is a lawyer appointed to represent the child's interests. The GAL must consider and tell the court the child's expressed preferences, but is not bound by those preferences.

A Dual Role Attorney performs both roles when no conflict of interest exists. The lawyer must keep assessing whether the roles have come into conflict. Under Standard 5, the lawyer must seek bifurcation as soon as the lawyer becomes aware of a conflict, without disclosing client confidences. The child cannot waive that conflict.

Bifurcation separates the roles. The existing Dual Role Attorney becomes the Child's Attorney, and a new lawyer is appointed as GAL. The court does not decide the issue based only on age. It considers the child's expressed wishes and maturity.

To avoid delaying the proceedings or permanency, a Dual Role Attorney may seek bifurcation preemptively for reasonably foreseeable conflicts. After bifurcation, the GAL should treat the child as a represented party under Iowa Rule of Professional Conduct 32:4.2(a). The GAL should not meet with the child without the Child's Attorney's permission or presence.

The GAL and Dual Role Attorney must explain that the GAL is not bound by the same confidentiality rules. They must also explain that what the child says may be shared with the juvenile court.

The timing figures appear in the commentary, not the bold-text standards

The standards do not add obligations to the Iowa Rules of Professional Conduct. They provide guidance, like the comments to those rules. If a standard conflicts with a professional conduct rule, the professional conduct rule controls.

Before publication, the Archivar editorial desk read the full 15-page chapter 64 text filed with the Clerk of the Iowa Supreme Court, not just the announcement, and noted that the specific timing figures of 48 hours, monthly and quarterly appear in the commentary as "should" guidance rather than in the bold-text standards themselves.

The commentary says a lawyer representing children in these cases should complete at least three hours of continuing legal education each year in child welfare, child development, trauma-responsive practices or another relevant area.

The lawyer should strive to make initial contact within 48 hours after receiving notice of appointment. The commentary says responses to messages should ideally occur within 48 hours.

It also cites the National Association of Counsel for Children's recommendation for contact before and shortly after each hearing, after any placement change, and at least monthly until the case ends by a member of the legal team. Monthly contact may be a call, video visit, in-person visit or other meaningful correspondence. In-person visits should occur at least quarterly, in the client's home, placement or community setting. Conversations should occur outside the presence of others.

When one lawyer represents siblings, the lawyer should meet separately with each child, watch for divergent interests and request separate counsel when appropriate.

The standards call for investigation, reports and direct work with the client

After appointment, the Child's Attorney should review the file, check for conflicts, file a written appearance and tell the client directly about the appointment, the lawyer's role and contact information. The standards say lawyers should refer to the client by name rather than "the child" and presume that clients can and should direct the representation.

A lawyer must assess whether the lawyer's workload allows representation consistent with the standards. The lawyer should not avoid appointment except for good cause, such as a likely violation of the Iowa Rules of Professional Conduct or an unreasonable financial burden.

Standard 9 calls for independent investigation. The lawyer should not rely solely on the social worker or the department.

Before each substantive hearing, the Dual Role Attorney and GAL must file a written report outlining compliance with statutory duties. A Dual Role Attorney's report must assess whether the lawyer can continue in both roles or whether bifurcation should be recommended. The commentary says a bare-bones report is not enough. The lawyer must listen to all the evidence and give a recommendation at the end of the hearing. The lawyer must visit the client's home or facility and any prospective placement.

Standard 11 favors informal discovery methods. The lawyer should seek paternity documentation and custody orders, investigate past residences when an out-of-state custody order creates a need for a jurisdictional affidavit, and obtain information about whether the Indian Child Welfare Act applies.

The lawyer must make sure the client knows of the right to attend court in person or remotely and file motions needed to facilitate attendance. Detention or out-of-home placement does not remove the duty to meet with and prepare the client.

If the department is not offering needed services, the lawyer should first request those services in writing. If the problem is not corrected, the lawyer should file a motion asking the court to find a lack of reasonable efforts. After hearings, the lawyer should check that the written order matches the oral ruling, give the client a copy and explain it.

What the chapter means for appointed lawyers

The chapter gives lawyers and firms that accept Iowa juvenile appointments a written benchmark, effective January 1, 2027, against which their practice may be measured.

Lawyers following the commentary will need to track initial contact, monthly contact, quarterly in-person visits and reports due before substantive hearings. Dual-role lawyers will need a way to spot possible conflicts early and decide when to seek bifurcation.

Older clients may need help identifying independent-living needs, including housing, vital documents such as a birth certificate, Social Security card and identification, education and health.

The standards also direct lawyers to prepare for appeals. Lawyers should tell clients promptly about appeal rights and expedited juvenile appellate deadlines. They should participate in appeals filed by other parties when those appeals fall within the scope of the appointment.

At the end of representation, the lawyer should explain the ending in a developmentally appropriate way, describe file-retention policies and explain how the client can access the file later. A Dual Role Attorney and GAL should discuss whether continued GAL involvement is an option.

Archivar, which publishes The Docket, is an operating system for law firms that answers every call 24/7 in English and Spanish, runs intake, manages matters and remembers everything the firm does. Standards built around 48-hour first contact, monthly check-ins and a report before every hearing are, in practice, a calendar and a record.

The rules of professional conduct still govern. Chapter 64 is guidance, and it applies to Iowa CINA and TPR proceedings.

Iowa had standards for parents' lawyers and for children in custody cases.

From January 1, 2027, it has them for children in CINA and TPR cases too.

The rules of conduct did not change. The written benchmark did.