Bill Text: IA HF361 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to the appointment of a guardian ad litem, a child custody investigator or child and family reporter, or an attorney for certain child custody and visitation matters, and a guardian ad litem for certain child prosecution witnesses. (Formerly HSB 19.) Effective date: 07/01/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-04-30 - Signed by Governor. H.J. 1037. [HF361 Detail]
Download: Iowa-2021-HF361-Enrolled.html
House
File
361
-
Enrolled
House
File
361
AN
ACT
RELATING
TO
THE
APPOINTMENT
OF
A
GUARDIAN
AD
LITEM,
A
CHILD
CUSTODY
INVESTIGATOR
OR
CHILD
AND
FAMILY
REPORTER,
OR
AN
ATTORNEY
FOR
CERTAIN
CHILD
CUSTODY
AND
VISITATION
MATTERS,
AND
A
GUARDIAN
AD
LITEM
FOR
CERTAIN
CHILD
PROSECUTION
WITNESSES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
600B.40,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
The
court
may
order
the
appointment
of
a
guardian
ad
litem
or
attorney
for
a
child,
a
child
custody
investigator,
or
a
child
and
family
reporter
consistent
with
the
provisions
of
sections
598.12,
598.12A,
and
598.12B.
Sec.
2.
Section
915.37,
subsection
1,
Code
2021,
is
amended
to
read
as
follows:
1.
a.
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
House
File
361,
p.
2
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.
b.
For
purposes
of
this
subsection,
“child”
means
a
person
under
eighteen
years
of
age.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
361,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor
