Bill Text: IA HF2403 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to responsibility for payment of fees relating to termination of parental rights proceedings. (Formerly HSB 527.) Effective date: 07/01/2024.
Spectrum: Committee Bill
Status: (Passed) 2024-05-01 - Signed by Governor. H.J. 937. [HF2403 Detail]
Download: Iowa-2023-HF2403-Enrolled.html
House
File
2403
-
Enrolled
House
File
2403
AN
ACT
RELATING
TO
RESPONSIBILITY
FOR
PAYMENT
OF
FEES
RELATING
TO
TERMINATION
OF
PARENTAL
RIGHTS
PROCEEDINGS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
600A.2,
subsection
12,
Code
2024,
is
amended
to
read
as
follows:
12.
a.
“Indigent”
means
a
any
of
the
following:
(1)
A
person
has
an
income
level
at
or
below
one
hundred
twenty-five
percent
of
the
United
States
poverty
level
as
defined
by
the
most
recently
revised
poverty
income
guidelines
published
by
the
United
States
department
of
health
and
human
services
,
unless
the
court
determines
that
the
person
is
able
to
pay
for
the
cost
of
an
attorney
in
the
pending
case
.
(2)
A
person
has
an
income
level
greater
than
one
hundred
twenty-five
percent
but
at
or
below
two
hundred
percent
of
the
House
File
2403,
p.
2
United
States
poverty
level
as
defined
by
the
most
recently
revised
poverty
income
guidelines
published
by
the
United
States
department
of
health
and
human
services,
and
the
court
makes
a
written
finding
that
not
appointing
an
attorney
would
create
a
substantial
hardship.
b.
In
making
the
determination
of
a
person’s
ability
to
pay
for
the
cost
of
an
attorney
or
a
guardian
ad
litem
,
the
court
shall
consider
the
person’s
income
and
the
availability
of
any
assets
subject
to
execution,
including
but
not
limited
to
cash,
stocks,
bonds,
and
any
other
property
which
may
be
applied
to
the
satisfaction
of
judgments,
and
the
nature
and
complexity
of
the
case.
Sec.
2.
Section
600A.5,
subsection
3,
Code
2024,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
f.
If
the
petitioner
intends
to
access
public
funds
for
the
fees
of
the
guardian
ad
litem
or
the
respondent’s
attorney
fees,
an
attached
financial
affidavit,
signed
under
penalty
of
perjury,
reflecting
the
household
income
and
family
size
of
the
petitioner.
Sec.
3.
NEW
SECTION
.
600A.11
Payment
of
services
of
guardian
ad
litem.
1.
A
person
filing
a
petition
for
termination
of
parental
rights
under
this
chapter
shall
be
responsible
for
the
payment
of
reasonable
fees
for
services
provided
by
a
guardian
ad
litem
appointed
pursuant
to
section
600A.6
in
juvenile
court
or
in
an
appellate
proceeding
initiated
by
the
person
filing
the
petition
unless
the
person
filing
the
petition
is
a
private
child-placing
agency
licensed
under
chapter
238
or
the
court
determines
that
the
person
filing
the
petition
is
indigent.
2.
If
the
person
filing
the
petition
is
a
private
child-placing
agency
licensed
under
chapter
238
or
if
the
person
filing
the
petition
is
indigent,
the
prospective
parent
on
whose
behalf
the
petition
is
filed
shall
be
responsible
for
the
payment
of
reasonable
fees
for
services
provided
in
juvenile
court
or
an
appellate
proceeding
for
a
guardian
ad
litem
appointed
pursuant
to
section
600A.6
unless
the
court
determines
that
the
prospective
parent
on
whose
behalf
the
petition
is
filed
is
indigent.
House
File
2403,
p.
3
3.
If
the
prospective
parent
on
whose
behalf
the
petition
is
filed
is
indigent,
and
if
the
person
filing
the
petition
is
indigent
or
a
private
child-placing
agency
licensed
under
chapter
238,
the
appointed
guardian
ad
litem
shall
be
paid
reasonable
fees
as
determined
by
the
state
public
defender
from
the
indigent
defense
fund
established
in
section
815.11.
4.
The
state
public
defender
shall
review
all
the
claims
submitted
under
subsection
2
or
3
and
shall
have
the
same
authority
with
regard
to
the
payment
of
these
claims
as
the
state
public
defender
has
with
regard
to
claims
submitted
under
chapters
13B
and
815,
including
the
authority
to
adopt
rules
concerning
the
review
and
payment
of
claims
submitted.
Sec.
4.
Section
815.11,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
Costs
incurred
for
legal
representation
by
a
court-appointed
attorney
under
chapter
229A
,
665
,
822
,
or
908
,
or
section
232.141,
subsection
3
,
paragraph
“d”
,
or
section
598.23A
,
600A.6B
,
814.9
,
814.10
,
814.11
,
815.4
,
815.7
,
or
815.10
,
or
for
payment
of
the
services
of
a
court-appointed
guardian
ad
litem
under
section
600A.11,
subsection
3,
on
behalf
of
an
indigent
shall
be
paid
from
moneys
appropriated
by
the
general
assembly
to
the
office
of
the
state
public
defender
in
the
department
of
inspections,
appeals,
and
licensing
and
deposited
in
an
account
to
be
known
as
the
indigent
defense
fund,
except
as
provided
in
subsection
2
.
Costs
incurred
representing
an
indigent
defendant
in
a
contempt
action,
representing
an
indigent
juvenile
in
a
juvenile
court
proceeding,
or
representing
a
person
pursuant
to
section
13B.13
are
also
payable
from
the
fund.
However,
costs
incurred
in
any
administrative
proceeding
or
in
any
other
proceeding
under
this
chapter
or
chapter
598
,
600
,
600A
,
633
,
633A
,
814
,
or
915
or
other
provisions
of
the
Code
or
administrative
rules
are
not
payable
from
the
fund.
Sec.
5.
CODE
EDITOR
DIRECTIVES.
1.
The
Code
editor
is
directed
to
transfer
section
600A.6C,
Code
2024,
to
section
600A.6D.
2.
The
Code
editor
is
directed
to
transfer
section
600A.11,
as
enacted
in
this
Act,
to
section
600A.6C.
3.
The
Code
editor
shall
correct
internal
references
in
the
House
File
2403,
p.
4
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
enactment
of
this
section.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2403,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor
