Iowa Code § 915.37
Guardian ad litem for prosecuting child witnesses
Redline — January 1, 2012 → current.View current text →
Current — January 1, 2026
As of January 1, 2012
1. A prosecuting witness who is a child, as defined in section 702.5, in a case involving a violation of chapter 709 or 710A, or section 726.2, 726.3, 726.6, or 728.12, is entitled to have the witness’s interests represented by a guardian ad litem at all stages of the proceedings arising from such violation. The guardian ad litem shall be a practicing attorney and shall be designated by the court after due consideration is given to the desires and needs of the child and the compatibility of the child and the child’s interests with the prospective guardian ad litem. If a guardian ad litem has previously been appointed for the child in a proceeding under chapter 232 or a proceeding in which the juvenile court has waived jurisdiction under section 232.45, the court shall appoint the same guardian ad litem under this section. The guardian ad litem shall receive notice of and may attend all depositions, hearings, and trial proceedings to support the child and advocate for the protection of the child but shall not be allowed to separately introduce evidence or to directly examine or cross-examine witnesses. However, the guardian ad litem shall file reports to the court as required by the court. If a prosecuting witness is fourteen, fifteen, sixteen, or seventeen years of age, and would be entitled to the appointment of a guardian ad litem if the prosecuting witness were a child, the court may appoint a guardian ad litem if the requirements for guardians ad litem in this section are met, and the guardian ad litem agrees to participate without compensation.
1. a. A prosecuting witness who is a child or who has a mental disability in a case involving a violation of chapter 709 or 710A, or section 726.2, 726.3, 726.6, or 728.12, is entitled to have the witness’s interests represented by a guardian ad litem at all stages of the proceedings arising from such violation. The guardian ad litem shall be a practicing attorney and shall be designated by the court after due consideration is given to the desires and needs of the prosecuting witness and the compatibility of the prosecuting witness and the prosecuting witness’s interests with the prospective guardian ad litem. If a guardian ad litem is currently appointed, or has previously been appointed, for the prosecuting witness in a proceeding under section 598.12, a proceeding under chapter 232, a proceeding in which the juvenile court has waived jurisdiction under section 232.45, or any other proceeding substantially related to a matter arising under this section, the court shall give appointment priority to the same guardian ad litem under this section. When a guardian ad litem is appointed for a prosecuting witness with a mental disability, the court shall give appointment priority to an attorney who has background and training specific to persons with mental disabilities. The guardian ad litem shall receive notice of and may attend all depositions, hearings, and trial proceedings to support the prosecuting witness and advocate for the protection of the prosecuting witness but shall not be allowed to separately introduce evidence or to directly examine or cross-examine witnesses. However, the guardian ad litem shall file reports to the court as required by the court.
b. For purposes of this subsection:
(1) “Child” means a person under eighteen years of age.
(2) “Mental disability” means one or more intellectual, developmental, or psychiatric disabilities that result in significant impairment to a person’s ability to comprehend, communicate, or learn.
2. References in this section to a guardian ad litem shall be interpreted to include references to a court appointed special advocate as defined in section 232.2, subsection 9.
2. References in this section to a guardian ad litem shall be interpreted to include references to a court appointed special advocate as defined in section 232.2.
98 Acts, ch 1090, §30, 84; 2009 Acts, ch 19, §3
98 Acts, ch 1090, §30, 84; 2009 Acts, ch 19, §3; 2021 Acts, ch 61, §2; 2023 Acts, ch 19, §1345; 2024 Acts, ch 1175, §4; 2025 Acts, ch 30, §103
Subsection 1, paragraph b amended
Subsection 1, paragraph c stricken
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.