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70 Drake L. Rev. Discourse 101 (2020)

handle is hein.journals/dralours70 and id is 1 raw text is: 






      TERMINATION OF PARENTAL RIGHTS:
                ADVERSARIES NO MORE


                              ABSTRACT
     The purpose of this Note is to identify structural problems in the way the
state of Iowa currently adjudicates parental rights cases and offer substantive
changes to ensure every parent has access to the rights and protections afforded
by the Iowa and United States Constitutions. Part II describes the definitions and
framework  individuals currently operate under when an adverse party presents
evidence to support the termination of their right to parent their children. Part III
identifies and defines the scope of a number of constitutionally deficient structural
features of the current parental termination process including a diminished
adversarial process; the misapplication of the standard governing ineffective
assistance of counsel in termination proceedings; and a failure to recognize the
inherent interest a child has in maintaining a relationship with their parents. To
remedy these structural defects, Part IV recommends a reversion to a traditionally
adversarial process and the adoption of a simpler, clearer effective counsel test, as
well as explains the beneficial results these changes would effectuate.

                         TABLE  OF CONTENTS
   I. Introduction...........................................................................................101
      A. Parents Need an Effective Advocate.............................................102
      B. The Ethics of Representation.........................................................103
  II. Parental Rights as Essential Rights.....................................................104
      A. Parens Patriae and the State's Interest..........................................104
      B. The Dangers  of Procedure by Presumption..................................106
  III. The Right to Counsel and Proving Prejudice ....................................107
      A. Guaranteeing  a Standard of Professionalism...............................108
      B. Challenges Facing Counsel in Parental Rights Cases ..................108
      C. Strickland v. Washington: Applying a Problematic Test..............110
      D. Strickland and the Appellate Process in Iowa..............................114
  IV. A Simpler Path Forward  ......................................................................117
      A. A Return  to an Adversarial Process..............................................117
      B. Upholding Iowa's History of Individual Rights............................118


                           I. INTRODUCTION
     Termination  of parental rights within the state of Iowa is governed by


101

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