Bill Text: IA HSB527 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to responsibility for payment of fees relating to termination of parental rights proceedings.(See HF 2403.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2024-02-08 - Committee report approving bill, renumbered as HF 2403. [HSB527 Detail]

Download: Iowa-2023-HSB527-Introduced.html

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House Study Bill 527 - Introduced
SENATE/HOUSE FILE _____
BY (PROPOSED STATE PUBLIC
DEFENDER BILL)
A BILL FOR
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:
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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
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. An affidavit of financial status of
the petitioner. The affidavit of financial status shall be
signed under penalty of perjury and shall contain sufficient
information to determine whether the petitioner is indigent.
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
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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.
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
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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
Code and in any enacted legislation as necessary due to the
enactment of this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to the responsibility for payment of fees
relating to termination of parental rights (TPR) proceedings.
The bill redefines “indigent” for the purposes of
determining whether a person is financially able to pay for the
cost of an attorney or a guardian ad litem in TPR proceedings.
Under Code section 600A.2, “indigent” means a person who has
an income level at or below 100 percent of the federal poverty
level, unless the court determines the person is able to pay
for the cost of the attorney. Under the bill, “indigent” is
defined as a person who has an income level at or below 125
percent of the federal poverty level; or a person who has an
income level greater than 125 percent but at or below 200
percent of the federal poverty level, and the court makes a
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written finding that not appointing an attorney would create a
substantial hardship. The bill also makes a conforming change
in the definition of “indigent” to apply the standard for the
court determining a person’s ability to pay the cost of an
attorney to also apply to determining a person’s ability to pay
the costs of a guardian ad litem.
The bill requires that a petition for TPR shall include an
affidavit of financial status of the petitioner. The affidavit
of financial status shall be signed under penalty of perjury
and contain sufficient information to determine whether the
petitioner is indigent.
The bill provides for payment of services of a guardian ad
litem in a TPR proceeding who is appointed for a minor child
if the child does not have a guardian or if the interests
of the guardian conflict with the interests of the child.
Under the bill, a person filing a petition for TPR shall be
responsible for the payment of reasonable fees for services
provided by an appointed guardian ad litem in juvenile court or
in an appellate proceeding initiated by the person filing the
petition unless the person filing the petition is a licensed
private child-placing agency or the court determines that the
person filing the petition is indigent. If the person filing
the petition is a licensed private child-placing agency or
is indigent, the prospective parent shall be responsible for
the payment of reasonable fees for services provided by an
appointed guardian ad litem in juvenile court or an appellate
proceeding unless the court determines that the prospective
parent on whose behalf the petition is filed is indigent. If
the prospective parent is indigent, and if the person filing
the petition is indigent or a private child-placing agency,
the appointed guardian ad litem shall be paid reasonable fees
as determined by the state public defender from the indigent
defense fund. The bill requires the state public defender to
review all claims submitted for payment of the guardian ad
litem fees and authorizes the state public defender to act
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on the claims as otherwise authorized under Code chapter 13B
(public defenders) and Code chapter 815 (costs-compensation and
fees-indigent defense).
The bill makes a conforming change in Code section 815.11
(appropriations for indigent defense —— fund created) to
include authorization to utilize the moneys in the fund to pay
for the services of a court-appointed guardian ad litem for
TPR proceedings as provided under the bill on behalf of an
indigent.
The bill provides Code editor directives to allow the new
Code section under the bill relating to payment of services of
appointed guardians ad litem for TPR proceedings to be located
next to the Code section relating to payment of attorney fees
for TPR proceedings and to make other conforming changes.
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