Bill Text: IA HF133 | 2017-2018 | 87th General Assembly | Enrolled

Iowa House Bill 133 (Prior Session Legislation)

Bill Title: A bill for an act relating to guardians ad litem, attorneys for minor children, child custody investigators, and child and family reporters involved in child custody and visitation proceedings. (Formerly HSB 5.) Effective 7-1-17.

Spectrum: Committee Bill

Status: (Passed) 2017-04-12 - Signed by Governor. H.J. 1007. [HF133 Detail]

Download: Iowa-2017-HF133-Enrolled.html

House File 133 - Enrolled

HOUSE FILE
BY COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 5)
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A BILL FOR
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House File 133

AN ACT
RELATING TO GUARDIANS AD LITEM, ATTORNEYS FOR MINOR
CHILDREN, CHILD CUSTODY INVESTIGATORS, AND CHILD AND
FAMILY REPORTERS INVOLVED IN CHILD CUSTODY AND VISITATION
PROCEEDINGS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 598.10, subsection 1, paragraph a, Code
2017, is amended to read as follows:
a. The court may order either party to pay the clerk a sum
of money for the separate support and maintenance of the other
party and the children and to enable such party to prosecute
or defend the action. The court may on its own motion and
shall upon application of either party or an attorney or a
guardian ad litem appointed under section 598.12 or an attorney
appointed under section 598.12A determine the temporary custody
of any minor child whose welfare may be affected by the filing
of the petition for dissolution.
Sec. 2. Section 598.12, Code 2017, is amended to read as
follows:
598.12 Attorney or guardian Guardian ad litem for minor child
== investigations.
1. The court may appoint an attorney to represent the legal
interests of the minor child or children of the parties. The
attorney shall be empowered to make independent investigations
and to cause witnesses to appear and testify before the court
on matters pertinent to the legal interests of the children.
2. 1. The court may appoint a guardian ad litem to
represent the best interests of the minor child or children
of the parties. The guardian ad litem shall be a practicing
attorney and shall be solely responsible for representing the
best interests of the minor child or children. The guardian ad
litem shall be independent of the court and other parties to
the proceeding, and shall be unprejudiced and uncompromised in
the guardian ad litem's independent actions.
a. Unless otherwise enlarged or circumscribed by a court
or juvenile court having jurisdiction over the child or by
operation of law, the duties of a guardian ad litem with
respect to a child shall include all of the following:
(1) Conducting general an initial in=person interviews
interview with the child, if the child's age is appropriate
for the interview, and interviewing each parent, guardian, or
other person having custody of the child, if authorized by the
person's legal counsel.
(2) Conducting interviews with the child, if the child's age
is appropriate for the interview, prior to any court=ordered
hearing. Maintaining regular contact with the child.
(3) Visiting the home, residence, or both home and residence
of the child and any prospective home or residence of the
child, including visiting the home or residence or prospective
home or residence each time placement is changed.
(4) Interviewing any person providing medical, mental
health, social, educational, or other services to the child,
prior to any court=ordered hearing.
(5) Obtaining firsthand knowledge, if possible, of facts,
circumstances, and parties involved in the matter in which the
person is appointed guardian ad litem.
(6) Attending any depositions, hearings, or trials in the
matter in which the person is appointed guardian ad litem,
and filing motions or responses or making objections when
necessary. The guardian ad litem may cause witnesses to
appear, offer evidence, and question witnesses on behalf of the
best interests of the child. The guardian ad litem may offer
proposed or requested relief and arguments in the same manner
allowed the parties by the court. However, the guardian ad
litem shall not testify, serve as a witness, or file a written
report in the matter.
b. The order appointing the guardian ad litem shall grant
authorization to the guardian ad litem to interview any
relevant person and inspect and copy any records relevant to
the proceedings, if not prohibited by federal law. The order
shall specify that the guardian ad litem may interview any
person providing medical, mental health, social, educational,
or other services to the child; may attend any meeting with
the medical or mental health providers, service providers,
organizations, or educational institutions regarding the
child, if deemed necessary by the guardian ad litem; and may
inspect and copy any records relevant to the proceedings;
and shall specifically be authorized to communicate with
any individual or person appointed by the court to conduct
a home=study investigation. The parent, guardian, or other
person having custody of the child shall immediately execute
any release necessary to allow the guardian ad litem to effect
the authorization granted under this paragraph.
3. 2. The same person may shall not serve both as the
child's legal counsel attorney and as guardian ad litem, nor
shall the same person serve both as the child and family
reporter and as guardian ad litem. However, the court may
appoint a separate guardian ad litem, if the same person cannot
properly represent the legal interests of the child as legal
counsel and also represent the best interests of the child as
guardian ad litem, or a separate guardian ad litem is required
to fulfill the requirements of subsection 2.
4. The court may require that an appropriate agency make an
investigation of both parties regarding the home conditions,
parenting capabilities, and other matters pertinent to the best
interests of the child or children in a dispute concerning
custody of the child or children. The investigation report
completed by the appropriate agency shall be submitted to the
court and available to both parties. The investigation report
completed by the appropriate agency shall be a part of the
record unless otherwise ordered by the court.
5. 3. The court shall enter an order in favor of the
attorney, the guardian ad litem, or an appropriate agency for
fees and disbursements as submitted by the guardian ad litem,
and the amount shall be charged against the party responsible
for court costs unless the court determines that the party
responsible for court costs is indigent, in which event the
fees amount shall be borne by the county.
Sec. 3. NEW SECTION. 598.12A Attorney for minor child.
1. The court may appoint an attorney to represent the minor
child or children of the parties. If appointed under this
section, the child's attorney shall be solely responsible for
representing the minor child or children. The child's attorney
shall be independent of the court and other parties to the
proceeding, and shall be unprejudiced and uncompromised in the
attorney's independent actions.
a. Unless otherwise enlarged or circumscribed by a court
having jurisdiction over the child or by operation of law, the
duties of an attorney with respect to a child shall include all
of the following:
(1) Conducting an initial in=person interview with the
child, if the child's age is appropriate for the interview,
and interviewing each parent, guardian, or other person having
custody of the child if authorized by the person's legal
counsel.
(2) Maintaining regular contact with the child.
(3) Interviewing any person providing medical, mental
health, social, educational, or other services to the child, as
necessary to advance the child's interests.
(4) Obtaining knowledge of facts, circumstances, and the
parties involved in the matter as necessary to advance the
child's interests.
(5) Attending any depositions, hearings, and trials in the
matter and filing motions or responses or making objections
when necessary. The child's attorney may cause witnesses to
appear, offer evidence on behalf of the child, and question
witnesses. The child's attorney may offer proposed or
requested relief and arguments in the same manner allowed the
parties by the court. However, the child's attorney shall not
testify, serve as a witness, or file a written report in the
matter.
b. The order appointing the child's attorney shall grant
authorization to the child's attorney to interview any relevant
person and inspect and copy any records relevant to the
proceedings, if not prohibited by federal law. The order shall
specify that the child's attorney may interview any person
providing medical, mental health, social, educational, or other
services to the child; may attend any meeting with the medical
or mental health providers, service providers, organizations,
or educational institutions regarding the child, if deemed
necessary by the child's attorney; and may inspect and copy any
records relevant to the proceedings. The parent, guardian,
or other person having custody of the child shall immediately
execute any release necessary to allow the child's attorney to
effect the authorization granted under this paragraph.
2. The same person shall not serve as both the child's
guardian ad litem and the child's attorney, nor shall the same
person serve as both the child and family reporter and as the
child's attorney.
3. The court shall enter an order in favor of the child's
attorney for fees and disbursements as submitted by the child's
attorney, and the amount shall be charged against the party
responsible for court costs unless the court determines that
the party responsible for court costs is indigent, in which
event the amount shall be borne by the county.
Sec. 4. NEW SECTION. 598.12B Child custody investigators
and child and family reporters.
1. The supreme court shall prescribe and maintain standards
for child custody investigators and child and family reporters.
2. The court may require a child custody investigator or
a child and family reporter to obtain information regarding
both parties' home conditions, parenting capabilities, and
other matters pertinent to the best interests of the child
or children in a dispute concerning custody of the child or
children. A report of the information obtained shall be
submitted to the court and available to both parties. The
report shall be a part of the record unless otherwise ordered
by the court.
3. The court shall enter an order in favor of the child
custody investigator or child and family reporter for fees and
disbursements, and the amount shall be charged against the
party responsible for court costs unless the court determines
that the party responsible for court costs is indigent, in
which event the amount shall be borne by the county.
Sec. 5. Section 598.16, subsection 2, Code 2017, is amended
to read as follows:
2. Except as provided in subsection 7, upon the application
of the petitioner in the petition or by the respondent in
the responsive pleading thereto to the petition, or, within
twenty days of appointment, of an attorney appointed under
section 598.12 598.12A, the court shall require the parties to
participate in conciliation efforts for a period of sixty days
from the issuance of an order setting forth the conciliation
procedure and the conciliator.

LINDA UPMEYER

JACK WHITVER

CARMINE BOAL

TERRY E. BRANSTA

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