Bill Text: IA HF61 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to adoption proceedings by providing for representation of adoptive parents and guardians ad litem by local public defenders for children in certain adoption proceedings and modifying filing requirements for adoption petitions and notice requirements for adoption hearings of adults.(See HF 398.)
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2023-03-09 - Withdrawn. H.J. 596. [HF61 Detail]
Download: Iowa-2023-HF61-Introduced.html
House
File
61
-
Introduced
HOUSE
FILE
61
BY
LOHSE
and
JONES
A
BILL
FOR
An
Act
relating
to
adoption
proceedings
by
providing
for
1
representation
of
adoptive
parents
and
guardians
ad
litem
2
by
local
public
defenders
for
children
in
certain
adoption
3
proceedings
and
modifying
filing
requirements
for
adoption
4
petitions
and
notice
requirements
for
adoption
hearings
of
5
adults.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
13B.9,
subsection
1,
paragraphs
b
and
c,
1
Code
2023,
are
amended
to
read
as
follows:
2
b.
Represent
an
indigent
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
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
or
designee
shall
14
represent
in
a
subsequent
adoption
proceeding
an
indigent
a
15
party
including
a
nonindigent
party
who
files
an
adoption
16
petition
pursuant
to
section
600.3
to
adopt
a
child
who
was
the
17
subject
of
a
termination
of
parental
rights
proceeding
pursuant
18
to
chapter
232
in
which
the
local
public
defender
office
was
19
involved
as
provided
under
this
paragraph.
If
a
conflict
of
20
interest
arises,
the
representation
shall
be
provided
through
21
referral
of
the
indigent
party
to
outside
counsel
with
whom
the
22
state
public
defender
has
contracted,
subject
to
the
fees
for
23
legal
services
incorporated
in
the
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
or
designee
shall
serve
as
guardian
ad
litem
for
each
32
child
in
a
subsequent
adoption
proceeding
pursuant
to
section
33
600.3
to
adopt
a
child
who
was
the
subject
of
a
termination
of
34
parental
rights
proceeding
pursuant
to
chapter
232
in
which
the
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local
public
defender
office
was
involved
as
provided
under
1
this
paragraph.
If
a
conflict
of
interest
arises,
the
guardian
2
ad
litem
for
the
child
shall
be
provided
through
retention
3
of
outside
counsel
with
whom
the
state
public
defender
has
4
contracted,
subject
to
the
fees
for
guardian
ad
litem
services
5
incorporated
in
the
contract.
6
Sec.
2.
Section
600.6,
subsection
1,
Code
2023,
is
amended
7
to
read
as
follows:
8
1.
A
certified
copy
of
the
birth
certificate
showing
9
parentage
of
the
person
to
be
adopted
or,
if
such
certificate
10
is
not
available,
a
verified
birth
record.
The
department
of
11
health
and
human
services
shall
provide
a
certified
copy
of
12
a
birth
certificate
to
the
person
adopting
a
child
when
the
13
department
of
health
and
human
services
is
the
guardian
of
the
14
child.
15
Sec.
3.
Section
600.11,
Code
2023,
is
amended
to
read
as
16
follows:
17
600.11
Notice
of
adoption
hearing.
18
1.
The
juvenile
court
or
court
shall
set
the
time
and
place
19
of
the
adoption
hearing
prescribed
in
section
600.12
upon
20
application
of
the
petitioner.
The
juvenile
court
or
court
21
may
continue
the
adoption
hearing
if
the
notice
prescribed
in
22
subsections
2
and
3
4
or
subsections
3
and
4,
as
applicable,
is
23
given,
except
that
such
notice
shall
only
be
given
at
least
ten
24
days
prior
to
the
date
which
has
been
set
for
the
continuation
25
of
the
adoption
hearing.
26
2.
a.
At
Unless
the
person
to
be
adopted
is
an
adult
and
27
subsection
3
is
applicable,
at
least
twenty
days
before
the
28
adoption
hearing,
a
copy
of
the
petition
and
its
attachments
29
and
a
notice
of
the
adoption
hearing
shall
be
given
by
the
30
adoption
petitioner
to
all
of
the
following
:
31
(1)
A
guardian,
guardian
ad
litem
if
appointed
for
the
32
adoption
proceedings,
and
custodian
of,
and
a
person
in
a
33
parent-child
relationship
with
the
person
to
be
adopted.
This
34
subparagraph
does
not
require
notice
to
be
given
to
a
person
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whose
parental
rights
have
been
terminated
with
regard
to
the
1
person
to
be
adopted.
2
(2)
The
person
to
be
adopted
who
is
an
adult.
3
(3)
(2)
Any
person
who
is
designated
to
make
an
4
investigation
and
report
under
section
600.8
.
5
(4)
(3)
Any
other
person
who
is
required
to
consent
under
6
section
600.7
.
7
(5)
(4)
A
person
who
has
been
granted
visitation
rights
8
with
the
child
to
be
adopted
pursuant
to
section
600C.1
.
9
(6)
(5)
A
person
who
is
ordered
to
pay
support
or
a
10
postsecondary
education
subsidy
pursuant
to
section
598.21F
,
or
11
chapter
234
,
252A
,
252C
,
252F
,
598
,
600B
,
or
any
other
chapter
12
of
the
Code,
for
a
person
eighteen
years
of
age
or
older
who
is
13
being
adopted
by
a
stepparent,
and
the
support
order
or
order
14
requires
payment
of
support
or
postsecondary
education
subsidy
15
for
any
period
of
time
after
the
child
reaches
eighteen
years
16
of
age.
17
(7)
(6)
Any
siblings
of
the
person
to
be
adopted
due
to
18
either
an
ongoing
relationship
or
a
court
finding
that
ongoing
19
contact
with
the
person
to
be
adopted
is
in
the
best
interest
20
of
each
sibling
if
the
person
to
be
adopted
was
a
minor
child
21
when
the
minor
child’s
parents
had
their
parental
rights
22
terminated
pursuant
to
chapter
232
and
the
person
to
be
adopted
23
and
the
person’s
siblings
were
not
placed
together.
24
b.
Nothing
in
this
subsection
shall
require
the
petitioner
25
to
give
notice
to
self
or
to
petitioner’s
spouse.
A
duplicate
26
copy
of
the
petition
and
its
attachments
shall
be
mailed
to
the
27
department
by
the
clerk
of
court
at
the
time
the
petition
is
28
filed.
29
3.
If
the
person
to
be
adopted
is
an
adult,
at
least
twenty
30
days
before
the
adoption
hearing,
a
copy
of
the
petition
and
31
its
attachments
and
a
notice
of
the
adoption
hearing
shall
be
32
given
by
the
adoption
petitioner
to
the
person
to
be
adopted
33
and
any
other
person
who
is
required
to
consent
to
the
adoption
34
under
section
600.7.
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4.
A
notice
of
the
adoption
hearing
shall
state
the
time,
1
place,
and
purpose
of
the
hearing
and
shall
be
served
in
2
accordance
with
rule
of
civil
procedure
1.305
.
Proof
of
the
3
giving
of
notice
shall
be
filed
with
the
juvenile
court
or
4
court
prior
to
the
adoption
hearing.
Acceptance
of
service
by
5
the
party
being
given
notice
shall
satisfy
the
requirements
of
6
this
subsection
.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
relates
to
adoption
proceedings
including
11
provisions
relating
to
representation
of
the
parties
and
12
provision
of
a
guardian
ad
litem
for
a
child
in
certain
13
adoption
proceedings,
attachments
to
an
adoption
petition,
and
14
requirements
for
notice
of
an
adoption
hearing.
15
Regarding
the
powers
and
duties
of
local
public
defenders,
16
the
bill
provides
for
the
representation
of
certain
parties
and
17
for
provision
of
a
guardian
ad
litem
for
a
child
in
certain
18
adoption
proceedings.
19
Under
current
law,
a
local
public
defender
office
shall
20
represent
an
indigent
party,
upon
order
of
the
court,
in
21
child
in
need
of
assistance,
family
in
need
of
assistance,
22
delinquency,
and
termination
of
parental
rights
proceedings
23
pursuant
to
Code
chapter
232
(juvenile
justice)
when
designated
24
by
the
state
public
defender
to
represent
the
indigent
party
25
in
the
type
of
case
for
that
county.
Additionally,
under
26
current
law,
a
local
public
defender
office
shall
represent,
27
in
a
subsequent
adoption
proceeding,
an
indigent
party
who
28
files
an
adoption
petition
to
adopt
a
child
who
was
the
subject
29
of
a
termination
of
parental
rights
proceeding
pursuant
to
30
Code
chapter
232
in
which
the
local
public
defender
office
was
31
involved.
If
a
conflict
of
interest
arises,
the
representation
32
shall
be
provided
through
referral
of
the
indigent
party
33
to
outside
counsel
with
whom
the
state
public
defender
has
34
contracted,
subject
to
the
fees
for
legal
services
incorporated
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in
the
contract.
The
bill
amends
the
provisions
relating
1
to
representation
by
the
local
public
defender
office
in
2
the
specified
type
of
subsequent
adoption
proceeding
by
3
providing
that
the
local
public
defender
office
or
designee
4
shall
represent
in
any
such
subsequent
adoption
proceeding
5
both
indigent
and
nonindigent
parties
who
file
an
adoption
6
petition.
The
bill
also
makes
a
conforming
change
to
provide
7
that
a
referral
for
representation
in
the
case
of
a
conflict
8
of
interest
applies
to
both
indigent
and
nonindigent
parties,
9
as
applicable.
10
Under
current
law,
a
local
public
defender
office
shall
11
serve
as
guardian
ad
litem
for
each
child
in
all
cases
in
which
12
a
local
public
defender
office
is
the
state
public
defender’s
13
designee.
The
local
public
defender
is
responsible
for
14
determining
who
shall
serve
as
guardian
ad
litem
pursuant
to
15
Code
chapter
232
(juvenile
justice)
and
for
assuring
that
the
16
duties
are
fulfilled.
The
bill
requires,
additionally,
that
17
a
local
public
defender
office
shall
be
appointed
to
serve
as
18
guardian
ad
litem
in
a
subsequent
adoption
proceeding
to
adopt
19
a
child
who
was
the
subject
of
a
termination
of
parental
rights
20
proceeding
pursuant
to
Code
chapter
232
in
which
the
local
21
public
defender
office
was
involved.
If
a
conflict
of
interest
22
arises,
the
guardian
ad
litem
for
the
child
shall
be
provided
23
through
retention
of
outside
counsel
with
whom
the
state
public
24
defender
has
contracted,
subject
to
the
fees
for
guardian
ad
25
litem
services
incorporated
in
the
contract.
26
The
bill
also
amends
provisions
relating
to
the
contents
27
of
an
adoption
petition.
Current
law
requires
an
adoption
28
petition
to
have
attached
a
certified
copy
of
the
birth
29
certificate
showing
the
parentage
of
the
person
to
be
adopted
30
or,
if
such
certificate
is
not
available,
a
verified
birth
31
record.
The
bill
provides
that
if
the
department
of
health
32
and
human
services
(HHS)
is
the
guardian
of
the
child
being
33
adopted,
HHS
shall
provide
a
certified
copy
of
a
birth
34
certificate
to
the
person
adopting
the
child.
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The
bill
amends
provisions
relating
to
the
notice
of
1
adoption
hearing
to
distinguish
between
whether
the
person
2
to
be
adopted
is
a
child
or
an
adult.
Under
current
law,
in
3
all
adoptions,
at
least
20
days
before
the
adoption
hearing,
4
a
copy
of
the
petition
and
its
attachments
and
a
notice
of
the
5
adoption
hearing
shall
be
given
by
the
adoption
petitioner
to
6
a
guardian,
guardian
ad
litem
if
appointed
for
the
adoption
7
proceedings,
and
custodian
of,
and
a
person
in
a
parent-child
8
relationship
with
the
person
to
be
adopted,
not
including
a
9
person
whose
parental
rights
have
been
terminated
with
regard
10
to
the
person
to
be
adopted;
the
person
to
be
adopted
who
is
an
11
adult;
any
person
who
is
designated
to
make
an
investigation
12
and
report
under
Code
section
600.8
(placement
investigations
13
and
reports);
any
other
person
who
is
required
to
consent
14
under
Code
section
600.7
(consents
to
adoption);
a
person
15
who
has
been
granted
visitation
rights
with
the
child
to
be
16
adopted
pursuant
to
Code
section
600C.1
(grandparent
and
17
great-grandparent
visitation);
a
person
who
is
ordered
to
pay
18
support
or
a
postsecondary
education
subsidy;
and
any
siblings
19
of
the
person
to
be
adopted
under
certain
conditions.
These
20
current
notice
of
adoption
hearing
provisions
still
apply,
21
unless
the
person
to
be
adopted
is
an
adult.
Alternatively,
22
the
bill
provides
that
if
the
person
to
be
adopted
is
an
adult,
23
at
least
20
days
before
the
adoption
hearing,
a
copy
of
the
24
petition
and
its
attachments
and
a
notice
of
the
adoption
25
hearing
shall
be
given
by
the
adoption
petitioner
only
to
the
26
person
to
be
adopted
and
any
other
person
who
is
required
to
27
consent
to
the
adoption.
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