Bill Text: IA HF2113 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act providing for representation of adoptive parents and guardians ad litem by local public defenders for children in certain adoption proceedings.(See HF 2474.)
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2022-03-14 - Withdrawn. H.J. 567. [HF2113 Detail]
Download: Iowa-2021-HF2113-Introduced.html
House
File
2113
-
Introduced
HOUSE
FILE
2113
BY
JONES
,
HITE
,
and
LOHSE
A
BILL
FOR
An
Act
providing
for
representation
of
adoptive
parents
and
1
guardians
ad
litem
by
local
public
defenders
for
children
in
2
certain
adoption
proceedings.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
13B.9,
subsection
1,
paragraphs
b
and
c,
1
Code
2022,
are
amended
to
read
as
follows:
2
b.
Represent
an
indigent
a
party,
upon
order
of
the
court,
3
in
child
in
need
of
assistance,
family
in
need
of
assistance,
4
delinquency,
and
termination
of
parental
rights
proceedings
5
pursuant
to
chapter
232
when
designated
by
the
state
public
6
defender
to
represent
the
indigent
party
in
the
type
of
case
7
for
that
county.
The
local
public
defender
shall
counsel
and
8
represent
an
indigent
a
party
in
all
proceedings
pursuant
to
9
chapter
232
to
which
the
local
public
defender
is
appointed
10
and
prosecute
before
or
after
judgment
any
appeals
or
other
11
remedies
which
the
local
public
defender
considers
to
be
in
12
the
interest
of
justice
unless
other
counsel
is
appointed
to
13
the
case.
A
local
public
defender
office
shall
represent
in
a
14
subsequent
adoption
proceeding
an
indigent
a
party
who
files
15
an
adoption
petition
pursuant
to
section
600.3
to
adopt
a
16
child
who
was
the
subject
of
a
termination
of
parental
rights
17
proceeding
pursuant
to
chapter
232
in
which
the
local
public
18
defender
office
was
involved
as
provided
under
this
paragraph.
19
If
a
conflict
of
interest
arises,
the
representation
shall
be
20
provided
through
referral
of
the
indigent
party
to
outside
21
counsel
with
whom
the
state
public
defender
has
contracted,
22
subject
to
the
fees
for
legal
services
incorporated
in
the
23
contract.
24
c.
Serve
as
guardian
ad
litem
for
each
child
in
all
cases
25
in
which
the
local
public
defender
office
is
the
state
public
26
defender’s
designee.
The
local
public
defender
shall
be
27
responsible
for
determining
who
shall
perform
the
duties
of
28
the
guardian
ad
litem
as
defined
in
section
232.2
and
shall
29
be
responsible
for
assuring
the
court
that
the
duties
of
the
30
guardian
ad
litem
have
been
fulfilled.
A
local
public
defender
31
office
shall
serve
as
guardian
ad
litem
for
each
child
in
32
a
subsequent
adoption
proceeding
pursuant
to
section
600.3
33
to
adopt
a
child
who
was
the
subject
of
a
termination
of
34
parental
rights
proceeding
pursuant
to
chapter
232
in
which
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the
local
public
defender
office
was
involved
as
provided
1
under
this
paragraph.
If
a
conflict
of
interest
arises,
the
2
representation
shall
be
provided
through
retention
of
outside
3
counsel
to
serve
as
guardian
ad
litem
for
the
child
with
whom
4
the
state
public
defender
has
contracted,
subject
to
the
fees
5
for
guardian
ad
litem
services
incorporated
in
the
contract.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
provides
for
the
representation
of
certain
parties
10
in
adoption
proceedings
and
for
a
guardian
ad
litem
for
a
child
11
in
certain
adoption
proceedings.
12
Under
current
law,
a
local
public
defender
office
shall
13
represent
an
indigent
party,
upon
order
of
the
court,
in
14
child
in
need
of
assistance,
family
in
need
of
assistance,
15
delinquency,
and
termination
of
parental
rights
proceedings
16
pursuant
to
Code
chapter
232
(juvenile
justice)
when
designated
17
by
the
state
public
defender
to
represent
the
indigent
party
18
in
the
type
of
case
for
that
county.
Additionally,
a
local
19
public
defender
office
shall
represent
in
a
subsequent
adoption
20
proceeding
an
indigent
party
who
files
an
adoption
petition
to
21
adopt
a
child
who
was
the
subject
of
a
termination
of
parental
22
rights
proceeding
pursuant
to
Code
chapter
232
in
which
the
23
local
public
defender
office
was
involved.
If
a
conflict
of
24
interest
arises,
the
representation
shall
be
provided
through
25
referral
of
the
indigent
party
to
outside
counsel
with
whom
26
the
state
public
defender
has
contracted,
subject
to
the
fees
27
for
legal
services
incorporated
in
the
contract.
The
bill
28
provides
that
the
local
public
defender
office
shall
represent
29
any
party,
by
court
order,
in
these
proceedings
instead
of
only
30
an
indigent
party.
31
Under
current
law,
a
local
public
defender
office
shall
32
serve
as
guardian
ad
litem
for
each
child
in
all
cases
in
which
33
a
local
public
defender
office
is
the
state
public
defender’s
34
designee.
The
local
public
defender
is
responsible
for
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determining
who
shall
serve
as
guardian
ad
litem
pursuant
to
1
Code
chapter
232
(juvenile
justice)
and
for
assuring
that
the
2
duties
are
fulfilled.
The
bill
requires,
additionally,
that
3
a
local
public
defender
office
shall
be
appointed
to
serve
as
4
guardian
ad
litem
in
a
subsequent
adoption
proceeding
to
adopt
5
a
child
who
was
the
subject
of
a
termination
of
parental
rights
6
proceeding
pursuant
to
Code
chapter
232
in
which
the
local
7
public
defender
office
was
involved.
If
a
conflict
of
interest
8
arises,
the
guardian
ad
litem
shall
be
provided
through
9
retention
of
an
outside
attorney
to
serve
as
guardian
ad
litem
10
with
whom
the
state
public
defender
has
contracted,
subject
to
11
the
fees
for
guardian
ad
litem
incorporated
in
the
contract.
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