Iowa Code 232.114 – Duties of county attorney
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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.
Terms Used In Iowa Code 232.114
- Child: includes but shall not be limited to a stepchild, foster child, or legally adopted child and means a child actually or apparently under eighteen years of age, and a dependent person eighteen years of age or over who is unable to maintain the person's self and is likely to become a public charge. See Iowa Code 252A.2
- Child: means any person under the age of eighteen years. See Iowa Code 232.68
- Department: means the department of health and human services. See Iowa Code 249L.2
- Department: means the department of health and human services and includes the local and county offices of the department. See Iowa Code 232.68
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Petition: means a pleading the filing of which initiates formal judicial proceedings in the juvenile court. See Iowa Code 232.2
- state: means the general interest held by the people in the health, safety, welfare, and protection of all children living in this state. See Iowa Code 232.90
2. Upon the filing of a petition the county attorney shall represent the state in all adversary proceedings arising under this subchapter and shall present evidence in support of the petition.
3. If there is disagreement between the department and the county attorney regarding the appropriate action to be taken, the department may request 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 and attorney general 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 subchapter.