Bill Text: IA HSB5 | 2017-2018 | 87th General Assembly | Introduced
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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-01-25 - Passed subcommittee. [HSB5 Detail]
Download: Iowa-2017-HSB5-Introduced.html
House
Study
Bill
5
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
guardians
ad
litem,
attorneys
for
minor
1
children,
child
custody
investigators,
and
child
and
2
family
reporters
involved
in
child
custody
and
visitation
3
proceedings.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1829YC
(2)
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H.F.
_____
Section
1.
Section
598.10,
subsection
1,
paragraph
a,
Code
1
2017,
is
amended
to
read
as
follows:
2
a.
The
court
may
order
either
party
to
pay
the
clerk
a
sum
3
of
money
for
the
separate
support
and
maintenance
of
the
other
4
party
and
the
children
and
to
enable
such
party
to
prosecute
5
or
defend
the
action.
The
court
may
on
its
own
motion
and
6
shall
upon
application
of
either
party
or
an
attorney
or
a
7
guardian
ad
litem
appointed
under
section
598.12
or
an
attorney
8
appointed
under
section
598.12A
determine
the
temporary
custody
9
of
any
minor
child
whose
welfare
may
be
affected
by
the
filing
10
of
the
petition
for
dissolution.
11
Sec.
2.
Section
598.12,
Code
2017,
is
amended
to
read
as
12
follows:
13
598.12
Attorney
or
guardian
Guardian
ad
litem
for
minor
child
14
——
investigations
.
15
1.
The
court
may
appoint
an
attorney
to
represent
the
legal
16
interests
of
the
minor
child
or
children
of
the
parties.
The
17
attorney
shall
be
empowered
to
make
independent
investigations
18
and
to
cause
witnesses
to
appear
and
testify
before
the
court
19
on
matters
pertinent
to
the
legal
interests
of
the
children.
20
2.
1.
The
court
may
appoint
a
guardian
ad
litem
to
21
represent
the
best
interests
of
the
minor
child
or
children
22
of
the
parties.
The
guardian
ad
litem
shall
be
a
practicing
23
attorney
and
shall
be
solely
responsible
for
representing
the
24
best
interests
of
the
minor
child
or
children.
The
guardian
ad
25
litem
shall
be
independent
of
the
court
and
other
parties
to
26
the
proceeding,
and
shall
be
unprejudiced
and
uncompromised
in
27
the
guardian
ad
litem’s
independent
actions.
28
a.
Unless
otherwise
enlarged
or
circumscribed
by
a
court
29
or
juvenile
court
having
jurisdiction
over
the
child
or
by
30
operation
of
law,
the
duties
of
a
guardian
ad
litem
with
31
respect
to
a
child
shall
include
all
of
the
following:
32
(1)
Conducting
general
an
initial
in-person
interviews
33
interview
with
the
child,
if
the
child’s
age
is
appropriate
34
for
the
interview,
and
interviewing
each
parent,
guardian,
or
35
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H.F.
_____
other
person
having
custody
of
the
child
,
if
authorized
by
the
1
person’s
legal
counsel
.
2
(2)
Conducting
interviews
with
the
child,
if
the
child’s
age
3
is
appropriate
for
the
interview,
prior
to
any
court-ordered
4
hearing.
Maintaining
regular
contact
with
the
child.
5
(3)
Visiting
the
home,
residence,
or
both
home
and
residence
6
of
the
child
and
any
prospective
home
or
residence
of
the
7
child
,
including
visiting
the
home
or
residence
or
prospective
8
home
or
residence
each
time
placement
is
changed
.
9
(4)
Interviewing
any
person
providing
medical,
mental
10
health,
social,
educational,
or
other
services
to
the
child,
11
prior
to
any
court-ordered
hearing.
12
(5)
Obtaining
firsthand
knowledge
,
if
possible,
of
facts,
13
circumstances,
and
parties
involved
in
the
matter
in
which
the
14
person
is
appointed
guardian
ad
litem.
15
(6)
Attending
any
depositions,
hearings
,
or
trials
in
the
16
matter
in
which
the
person
is
appointed
guardian
ad
litem
,
17
and
filing
motions
or
responses
or
making
objections
when
18
necessary
.
The
guardian
ad
litem
may
cause
witnesses
to
19
appear,
offer
evidence,
and
question
witnesses
on
behalf
of
the
20
best
interests
of
the
child.
The
guardian
ad
litem
may
offer
21
proposed
or
requested
relief
and
arguments
in
the
same
manner
22
allowed
the
parties
by
the
court.
However,
the
guardian
ad
23
litem
shall
not
testify,
serve
as
a
witness,
or
file
a
written
24
report
in
the
matter.
25
b.
The
order
appointing
the
guardian
ad
litem
shall
grant
26
authorization
to
the
guardian
ad
litem
to
interview
any
27
relevant
person
and
inspect
and
copy
any
records
relevant
to
28
the
proceedings,
if
not
prohibited
by
federal
law.
The
order
29
shall
specify
that
the
guardian
ad
litem
may
interview
any
30
person
providing
medical,
mental
health,
social,
educational,
31
or
other
services
to
the
child;
may
attend
any
meeting
with
32
the
medical
or
mental
health
providers,
service
providers,
33
organizations,
or
educational
institutions
regarding
the
34
child,
if
deemed
necessary
by
the
guardian
ad
litem;
and
may
35
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_____
inspect
and
copy
any
records
relevant
to
the
proceedings
;
1
and
shall
specifically
be
authorized
to
communicate
with
2
any
individual
or
person
appointed
by
the
court
to
conduct
3
a
home-study
investigation.
The
parent,
guardian,
or
other
4
person
having
custody
of
the
child
shall
immediately
execute
5
any
release
necessary
to
allow
the
guardian
ad
litem
to
effect
6
the
authorization
granted
under
this
paragraph
.
7
3.
2.
The
same
person
may
shall
not
serve
both
as
the
8
child’s
legal
counsel
attorney
and
as
guardian
ad
litem
,
nor
9
shall
the
same
person
serve
both
as
the
child
and
family
10
reporter
and
as
guardian
ad
litem
.
However,
the
court
may
11
appoint
a
separate
guardian
ad
litem,
if
the
same
person
cannot
12
properly
represent
the
legal
interests
of
the
child
as
legal
13
counsel
and
also
represent
the
best
interests
of
the
child
as
14
guardian
ad
litem,
or
a
separate
guardian
ad
litem
is
required
15
to
fulfill
the
requirements
of
subsection
2
.
16
4.
The
court
may
require
that
an
appropriate
agency
make
an
17
investigation
of
both
parties
regarding
the
home
conditions,
18
parenting
capabilities,
and
other
matters
pertinent
to
the
best
19
interests
of
the
child
or
children
in
a
dispute
concerning
20
custody
of
the
child
or
children.
The
investigation
report
21
completed
by
the
appropriate
agency
shall
be
submitted
to
the
22
court
and
available
to
both
parties.
The
investigation
report
23
completed
by
the
appropriate
agency
shall
be
a
part
of
the
24
record
unless
otherwise
ordered
by
the
court.
25
5.
3.
The
court
shall
enter
an
order
in
favor
of
the
26
attorney,
the
guardian
ad
litem
,
or
an
appropriate
agency
for
27
fees
and
disbursements
as
submitted
by
the
guardian
ad
litem
,
28
and
the
amount
shall
be
charged
against
the
party
responsible
29
for
court
costs
unless
the
court
determines
that
the
party
30
responsible
for
court
costs
is
indigent,
in
which
event
the
31
fees
amount
shall
be
borne
by
the
county.
32
Sec.
3.
NEW
SECTION
.
598.12A
Attorney
for
minor
child.
33
1.
The
court
may
appoint
an
attorney
to
represent
the
minor
34
child
or
children
of
the
parties.
If
the
child
does
not
or
is
35
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_____
unable
to
express
the
child’s
interests,
the
attorney
shall
1
advocate
the
child’s
legal
interests.
If
appointed
under
this
2
section,
the
child’s
attorney
shall
be
solely
responsible
for
3
representing
the
minor
child
or
children.
The
child’s
attorney
4
shall
be
independent
of
the
court
and
other
parties
to
the
5
proceeding,
and
shall
be
unprejudiced
and
uncompromised
in
the
6
attorney’s
independent
actions.
7
a.
Unless
otherwise
enlarged
or
circumscribed
by
a
court
8
having
jurisdiction
over
the
child
or
by
operation
of
law,
the
9
duties
of
an
attorney
with
respect
to
a
child
shall
include
all
10
of
the
following:
11
(1)
Conducting
an
initial
in-person
interview
with
the
12
child,
if
the
child’s
age
is
appropriate
for
the
interview,
13
and
interviewing
each
parent,
guardian,
or
other
person
having
14
custody
of
the
child
if
authorized
by
the
person's
legal
15
counsel.
16
(2)
Maintaining
regular
contact
with
the
child.
17
(3)
Interviewing
any
person
providing
medical,
mental
18
health,
social,
educational,
or
other
services
to
the
child,
as
19
necessary
to
advance
the
child’s
interests.
20
(4)
Obtaining
knowledge
of
facts,
circumstances,
and
the
21
parties
involved
in
the
matter
as
necessary
to
advance
the
22
child’s
interests.
23
(5)
Attending
any
depositions,
hearings,
and
trials
in
the
24
matter
and
filing
motions
or
responses
or
making
objections
25
when
necessary.
The
child’s
attorney
may
cause
witnesses
to
26
appear,
offer
evidence
on
behalf
of
the
child,
and
question
27
witnesses.
The
child’s
attorney
may
offer
proposed
or
28
requested
relief
and
arguments
in
the
same
manner
allowed
the
29
parties
by
the
court.
However,
the
child’s
attorney
shall
not
30
testify,
serve
as
a
witness,
or
file
a
written
report
in
the
31
matter.
32
b.
The
order
appointing
the
child’s
attorney
shall
grant
33
authorization
to
the
child’s
attorney
to
interview
any
relevant
34
person
and
inspect
and
copy
any
records
relevant
to
the
35
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H.F.
_____
proceedings,
if
not
prohibited
by
federal
law.
The
order
shall
1
specify
that
the
child’s
attorney
may
interview
any
person
2
providing
medical,
mental
health,
social,
educational,
or
other
3
services
to
the
child;
may
attend
any
meeting
with
the
medical
4
or
mental
health
providers,
service
providers,
organizations,
5
or
educational
institutions
regarding
the
child,
if
deemed
6
necessary
by
the
child’s
attorney;
and
may
inspect
and
copy
any
7
records
relevant
to
the
proceedings.
The
parent,
guardian,
8
or
other
person
having
custody
of
the
child
shall
immediately
9
execute
any
release
necessary
to
allow
the
child’s
attorney
to
10
effect
the
authorization
granted
under
this
paragraph.
11
2.
The
same
person
shall
not
serve
as
both
the
child’s
12
guardian
ad
litem
and
the
child’s
attorney,
nor
shall
the
same
13
person
serve
as
both
the
child
and
family
reporter
and
as
the
14
child’s
attorney.
15
3.
The
court
shall
enter
an
order
in
favor
of
the
child’s
16
attorney
for
fees
and
disbursements
as
submitted
by
the
child’s
17
attorney,
and
the
amount
shall
be
charged
against
the
party
18
responsible
for
court
costs
unless
the
court
determines
that
19
the
party
responsible
for
court
costs
is
indigent,
in
which
20
event
the
amount
shall
be
borne
by
the
county.
21
Sec.
4.
NEW
SECTION
.
598.12B
Child
custody
investigators
22
and
child
and
family
reporters.
23
1.
The
supreme
court
shall
prescribe
and
maintain
standards
24
for
child
custody
investigators
and
child
and
family
reporters.
25
2.
The
court
may
require
a
child
custody
investigator
or
26
a
child
and
family
reporter
to
obtain
information
regarding
27
both
parties’
home
conditions,
parenting
capabilities,
and
28
other
matters
pertinent
to
the
best
interests
of
the
child
29
or
children
in
a
dispute
concerning
custody
of
the
child
or
30
children.
A
report
of
the
information
obtained
shall
be
31
submitted
to
the
court
and
available
to
both
parties.
The
32
report
shall
be
a
part
of
the
record
unless
otherwise
ordered
33
by
the
court.
34
3.
The
court
shall
enter
an
order
in
favor
of
the
child
35
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_____
custody
investigator
or
child
and
family
reporter
for
fees
and
1
disbursements,
and
the
amount
shall
be
charged
against
the
2
party
responsible
for
court
costs
unless
the
court
determines
3
that
the
party
responsible
for
court
costs
is
indigent,
in
4
which
event
the
amount
shall
be
borne
by
the
county.
5
Sec.
5.
Section
598.16,
subsection
2,
Code
2017,
is
amended
6
to
read
as
follows:
7
2.
Except
as
provided
in
subsection
7
,
upon
the
application
8
of
the
petitioner
in
the
petition
or
by
the
respondent
in
9
the
responsive
pleading
thereto
to
the
petition,
or
,
within
10
twenty
days
of
appointment
,
of
an
attorney
appointed
under
11
section
598.12
598.12A
,
the
court
shall
require
the
parties
to
12
participate
in
conciliation
efforts
for
a
period
of
sixty
days
13
from
the
issuance
of
an
order
setting
forth
the
conciliation
14
procedure
and
the
conciliator.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
the
guardians
ad
litem,
attorneys
for
19
minor
children,
child
custody
investigators,
and
child
and
20
family
reporters
involved
in
child
custody
and
visitation
21
proceedings
under
Code
chapter
598
(dissolution
of
marriage
and
22
domestic
relations).
23
The
bill
separates
the
provisions
relating
to
the
24
appointment
of
a
guardian
ad
litem,
the
appointment
of
an
25
attorney,
and
the
requirements
for
a
child
custody
investigator
26
or
child
and
family
reporter
for
a
minor
child
in
a
custody
27
proceeding,
and
provides
that
the
same
person
shall
not
serve
28
as
both
the
guardian
ad
litem
and
attorney
for
a
minor
child
in
29
these
proceedings.
30
The
bill
specifies
that
the
guardian
ad
litem
shall
31
be
a
practicing
attorney
and
shall
be
solely
responsible
32
for
representing
the
best
interests
of
the
minor
child
or
33
children.
The
guardian
ad
litem
is
required
to
be
independent
34
of
the
court
and
other
parties
to
the
proceeding,
and
to
be
35
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(2)
87
pf/nh
6/
8
H.F.
_____
unprejudiced
and
uncompromised
in
the
guardian
ad
litem’s
1
independent
actions.
The
bill
specifies
the
duties
of
the
2
guardian
ad
litem,
but
prohibits
the
guardian
ad
litem
from
3
testifying,
serving
as
a
witness,
or
filing
a
written
report
4
in
the
matter.
5
The
bill
specifies
that
the
order
appointing
the
guardian
ad
6
litem
shall
grant
and
requires
any
parent,
guardian,
or
other
7
person
having
custody
of
the
child
to
immediately
execute
any
8
release
necessary
to
allow
the
guardian
ad
litem
to
effect
the
9
authorizations
granted.
10
The
court
is
directed
to
enter
an
order
in
favor
of
the
11
guardian
ad
litem
for
fees
and
disbursements
as
submitted
12
by
the
guardian
ad
litem,
and
the
amount
shall
be
charged
13
against
the
party
responsible
for
court
costs
unless
the
14
court
determines
that
the
party
responsible
for
court
costs
15
is
indigent,
in
which
event
the
amount
shall
be
borne
by
the
16
county.
17
The
bill
provides
for
the
separate
appointment
of
an
18
attorney
for
a
minor
child
in
custody
and
visitation
19
proceedings,
but
prohibits
the
child’s
attorney
from
20
testifying,
serving
as
a
witness,
or
filing
a
written
report
21
in
the
matter.
22
The
bill
specifies
activities
that
the
order
appointing
the
23
child’s
attorney
shall
grant
and
prohibits
the
same
person
from
24
serving
both
as
the
child’s
guardian
ad
litem
and
the
child’s
25
attorney,
and
the
same
person
from
serving
as
both
the
child
26
and
family
reporter
and
as
the
child’s
attorney.
The
bill
27
directs
that
the
court
shall
enter
an
order
in
favor
of
the
28
child’s
attorney
for
fees
and
disbursements
as
submitted
by
the
29
child’s
attorney,
and
the
amount
shall
be
charged
against
the
30
party
responsible
for
court
costs
unless
the
court
determines
31
that
the
party
responsible
for
court
costs
is
indigent,
in
32
which
event
the
amount
shall
be
borne
by
the
county.
33
The
bill
directs
the
supreme
court
to
prescribe
and
maintain
34
standards
for
child
custody
investigators
and
child
and
35
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87
pf/nh
7/
8
H.F.
_____
family
reporters
involved
in
child
custody
and
visitation
1
proceedings;
specifies
that
the
court
may
require
a
child
2
custody
investigator
or
child
and
family
reporter
to
obtain
3
information
regarding
both
parties’
home
conditions,
parenting
4
capabilities,
and
other
matters
pertinent
to
the
best
interests
5
of
the
child
or
children
in
a
dispute
concerning
custody
of
the
6
child
or
children;
requires
that
a
report
of
the
information
7
obtained
be
submitted
to
the
court
and
available
to
both
8
parties;
and
provides
that
the
report
completed
by
the
child
9
custody
investigator
or
the
child
and
family
reporter
shall
be
10
a
part
of
the
record
unless
otherwise
ordered
by
the
court.
11
The
bill
directs
that
the
court
shall
enter
an
order
in
favor
12
of
the
child
custody
investigator
or
the
child
and
family
13
reporter
for
fees
and
disbursements,
and
the
amount
shall
be
14
charged
against
the
party
responsible
for
court
costs
unless
15
the
court
determines
that
the
party
responsible
for
court
costs
16
is
indigent,
in
which
event
the
amount
shall
be
borne
by
the
17
county.
18
The
bill
also
makes
conforming
changes
in
the
Code.
19
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1829YC
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8/
8
