Bill Text: IA SF180 | 2021-2022 | 89th General Assembly | Introduced
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 SSB 1008.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-04-07 - Withdrawn. S.J. 804. [SF180 Detail]
Download: Iowa-2021-SF180-Introduced.html
Senate
File
180
-
Introduced
SENATE
FILE
180
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1008)
A
BILL
FOR
An
Act
relating
to
the
appointment
of
a
guardian
ad
litem,
a
1
child
custody
investigator
or
child
and
family
reporter,
2
or
an
attorney
for
certain
child
custody
and
visitation
3
matters,
and
a
guardian
ad
litem
for
certain
child
4
prosecution
witnesses.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
600B.40,
Code
2021,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
4.
The
court
may
order
the
appointment
of
3
a
guardian
ad
litem
or
attorney
for
a
child,
a
child
custody
4
investigator,
or
a
child
and
family
reporter
consistent
with
5
the
provisions
of
sections
598.12,
598.12A,
and
598.12B.
6
Sec.
2.
Section
915.37,
subsection
1,
Code
2021,
is
amended
7
to
read
as
follows:
8
1.
a.
A
prosecuting
witness
who
is
a
child
,
as
defined
9
in
section
702.5
,
in
a
case
involving
a
violation
of
chapter
10
709
or
710A
,
or
section
726.2
,
726.3
,
726.6
,
or
728.12
,
is
11
entitled
to
have
the
witness’s
interests
represented
by
a
12
guardian
ad
litem
at
all
stages
of
the
proceedings
arising
from
13
such
violation.
The
guardian
ad
litem
shall
be
a
practicing
14
attorney
and
shall
be
designated
by
the
court
after
due
15
consideration
is
given
to
the
desires
and
needs
of
the
child
16
and
the
compatibility
of
the
child
and
the
child’s
interests
17
with
the
prospective
guardian
ad
litem.
If
a
guardian
ad
litem
18
has
previously
been
appointed
for
the
child
in
a
proceeding
19
under
chapter
232
or
a
proceeding
in
which
the
juvenile
court
20
has
waived
jurisdiction
under
section
232.45
,
the
court
shall
21
appoint
the
same
guardian
ad
litem
under
this
section
.
The
22
guardian
ad
litem
shall
receive
notice
of
and
may
attend
23
all
depositions,
hearings,
and
trial
proceedings
to
support
24
the
child
and
advocate
for
the
protection
of
the
child
but
25
shall
not
be
allowed
to
separately
introduce
evidence
or
to
26
directly
examine
or
cross-examine
witnesses.
However,
the
27
guardian
ad
litem
shall
file
reports
to
the
court
as
required
28
by
the
court.
If
a
prosecuting
witness
is
fourteen,
fifteen,
29
sixteen,
or
seventeen
years
of
age,
and
would
be
entitled
to
30
the
appointment
of
a
guardian
ad
litem
if
the
prosecuting
31
witness
were
a
child,
the
court
may
appoint
a
guardian
ad
litem
32
if
the
requirements
for
guardians
ad
litem
in
this
section
are
33
met,
and
the
guardian
ad
litem
agrees
to
participate
without
34
compensation.
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180
b.
For
purposes
of
this
subsection,
“child”
means
a
person
1
under
eighteen
years
of
age.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
the
appointment
of
a
guardian
ad
litem,
6
a
child
custody
investigator
or
child
and
family
reporter,
7
or
an
attorney
for
certain
child
custody
and
visitation
8
matters,
and
a
guardian
ad
litem
for
certain
child
prosecution
9
witnesses.
10
The
bill
provides
that
a
court
may
order
the
appointment
of
11
a
guardian
ad
litem
or
attorney
for
a
child,
a
child
custody
12
investigator,
or
a
child
and
family
reporter
in
certain
child
13
custody
and
visitation
matters.
14
Under
current
law,
in
a
case
involving
sexual
abuse,
human
15
trafficking,
incest,
neglect
or
abandonment
of
a
dependent
16
person,
child
endangerment,
or
sexual
exploitation
of
a
minor,
17
a
prosecuting
witness
who
is
a
child
(under
the
age
of
14
18
years)
is
entitled
to
have
the
witness’s
interests
represented
19
by
a
guardian
ad
litem
at
all
stages
of
the
proceedings
in
20
such
cases.
If
a
prosecuting
witness
is
14,
15,
16,
or
17
21
years
of
age
and
would
be
entitled
to
the
appointment
of
a
22
guardian
ad
litem
if
the
prosecuting
witness
was
under
the
23
age
of
14,
a
court
may
appoint
a
guardian
ad
litem
for
such
a
24
prosecuting
witness
if
the
requirements
for
the
appointment
of
25
the
guardian
ad
litem
are
met
and
the
guardian
ad
litem
agrees
26
to
participate
without
compensation.
The
bill
strikes
the
27
latter
provision
and
provides
that
a
prosecuting
witness
who
28
is
a
child
under
the
age
of
18
years
in
a
case
involving
sexual
29
abuse,
human
trafficking,
incest,
neglect
or
abandonment
of
a
30
dependent
person,
child
endangerment,
or
sexual
exploitation
of
31
a
minor
is
entitled
to
have
the
witness’s
interests
represented
32
by
a
guardian
ad
litem
at
all
stages
of
the
proceedings
in
such
33
cases.
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