Senate
File
2403
-
Introduced
SENATE
FILE
2403
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
SF
2350)
(SUCCESSOR
TO
SSB
3005)
(COMPANION
TO
HF
2403
BY
COMMITTEE
ON
JUDICIARY)
A
BILL
FOR
An
Act
relating
to
responsibility
for
payment
of
fees
relating
1
to
termination
of
parental
rights
proceedings.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5355SZ
(1)
90
pf/jh
S.F.
2403
Section
1.
Section
600A.2,
subsection
12,
Code
2024,
is
1
amended
to
read
as
follows:
2
12.
a.
“Indigent”
means
a
any
of
the
following:
3
(1)
A
person
has
an
income
level
at
or
below
one
hundred
4
twenty-five
percent
of
the
United
States
poverty
level
as
5
defined
by
the
most
recently
revised
poverty
income
guidelines
6
published
by
the
United
States
department
of
health
and
human
7
services
,
unless
the
court
determines
that
the
person
is
able
8
to
pay
for
the
cost
of
an
attorney
in
the
pending
case
.
9
(2)
A
person
has
an
income
level
greater
than
one
hundred
10
twenty-five
percent
but
at
or
below
two
hundred
percent
of
the
11
United
States
poverty
level
as
defined
by
the
most
recently
12
revised
poverty
income
guidelines
published
by
the
United
13
States
department
of
health
and
human
services,
and
the
court
14
makes
a
written
finding
that
not
appointing
an
attorney
would
15
create
a
substantial
hardship.
16
b.
In
making
the
determination
of
a
person’s
ability
to
pay
17
for
the
cost
of
an
attorney
or
a
guardian
ad
litem
,
the
court
18
shall
consider
the
person’s
income
and
the
availability
of
any
19
assets
subject
to
execution,
including
but
not
limited
to
cash,
20
stocks,
bonds,
and
any
other
property
which
may
be
applied
to
21
the
satisfaction
of
judgments,
and
the
nature
and
complexity
22
of
the
case.
23
Sec.
2.
Section
600A.5,
subsection
3,
Code
2024,
is
amended
24
by
adding
the
following
new
paragraph:
25
NEW
PARAGRAPH
.
f.
If
the
petitioner
intends
to
access
26
public
funds
for
the
fees
of
the
guardian
ad
litem
or
the
27
respondent’s
attorney
fees,
an
attached
financial
affidavit,
28
signed
under
penalty
of
perjury,
reflecting
the
household
29
income
and
family
size
of
the
petitioner.
30
Sec.
3.
NEW
SECTION
.
600A.11
Payment
of
services
of
31
guardian
ad
litem.
32
1.
A
person
filing
a
petition
for
termination
of
parental
33
rights
under
this
chapter
shall
be
responsible
for
the
payment
34
of
reasonable
fees
for
services
provided
by
a
guardian
ad
litem
35
-1-
LSB
5355SZ
(1)
90
pf/jh
1/
5
S.F.
2403
appointed
pursuant
to
section
600A.6
in
juvenile
court
or
in
1
an
appellate
proceeding
initiated
by
the
person
filing
the
2
petition
unless
the
person
filing
the
petition
is
a
private
3
child-placing
agency
licensed
under
chapter
238
or
the
court
4
determines
that
the
person
filing
the
petition
is
indigent.
5
2.
If
the
person
filing
the
petition
is
a
private
6
child-placing
agency
licensed
under
chapter
238
or
if
the
7
person
filing
the
petition
is
indigent,
the
prospective
parent
8
on
whose
behalf
the
petition
is
filed
shall
be
responsible
9
for
the
payment
of
reasonable
fees
for
services
provided
in
10
juvenile
court
or
an
appellate
proceeding
for
a
guardian
ad
11
litem
appointed
pursuant
to
section
600A.6
unless
the
court
12
determines
that
the
prospective
parent
on
whose
behalf
the
13
petition
is
filed
is
indigent.
14
3.
If
the
prospective
parent
on
whose
behalf
the
petition
15
is
filed
is
indigent,
and
if
the
person
filing
the
petition
16
is
indigent
or
a
private
child-placing
agency
licensed
under
17
chapter
238,
the
appointed
guardian
ad
litem
shall
be
paid
18
reasonable
fees
as
determined
by
the
state
public
defender
from
19
the
indigent
defense
fund
established
in
section
815.11.
20
4.
The
state
public
defender
shall
review
all
the
claims
21
submitted
under
subsection
2
or
3
and
shall
have
the
same
22
authority
with
regard
to
the
payment
of
these
claims
as
the
23
state
public
defender
has
with
regard
to
claims
submitted
under
24
chapters
13B
and
815,
including
the
authority
to
adopt
rules
25
concerning
the
review
and
payment
of
claims
submitted.
26
Sec.
4.
Section
815.11,
subsection
1,
Code
2024,
is
amended
27
to
read
as
follows:
28
1.
Costs
incurred
for
legal
representation
by
a
29
court-appointed
attorney
under
chapter
229A
,
665
,
822
,
or
908
,
30
or
section
232.141,
subsection
3
,
paragraph
“d”
,
or
section
31
598.23A
,
600A.6B
,
814.9
,
814.10
,
814.11
,
815.4
,
815.7
,
or
32
815.10
,
or
for
payment
of
the
services
of
a
court-appointed
33
guardian
ad
litem
under
section
600A.11,
subsection
3,
on
34
behalf
of
an
indigent
shall
be
paid
from
moneys
appropriated
35
-2-
LSB
5355SZ
(1)
90
pf/jh
2/
5
S.F.
2403
by
the
general
assembly
to
the
office
of
the
state
public
1
defender
in
the
department
of
inspections,
appeals,
and
2
licensing
and
deposited
in
an
account
to
be
known
as
the
3
indigent
defense
fund,
except
as
provided
in
subsection
2
.
4
Costs
incurred
representing
an
indigent
defendant
in
a
contempt
5
action,
representing
an
indigent
juvenile
in
a
juvenile
court
6
proceeding,
or
representing
a
person
pursuant
to
section
13B.13
7
are
also
payable
from
the
fund.
However,
costs
incurred
in
any
8
administrative
proceeding
or
in
any
other
proceeding
under
this
9
chapter
or
chapter
598
,
600
,
600A
,
633
,
633A
,
814
,
or
915
or
10
other
provisions
of
the
Code
or
administrative
rules
are
not
11
payable
from
the
fund.
12
Sec.
5.
CODE
EDITOR
DIRECTIVES.
13
1.
The
Code
editor
is
directed
to
transfer
section
600A.6C,
14
Code
2024,
to
section
600A.6D.
15
2.
The
Code
editor
is
directed
to
transfer
section
600A.11,
16
as
enacted
in
this
Act,
to
section
600A.6C.
17
3.
The
Code
editor
shall
correct
internal
references
in
the
18
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
19
enactment
of
this
section.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
responsibility
for
payment
of
fees
24
relating
to
termination
of
parental
rights
(TPR)
proceedings.
25
The
bill
redefines
“indigent”
for
the
purposes
of
26
determining
whether
a
person
is
financially
able
to
pay
for
the
27
cost
of
an
attorney
or
a
guardian
ad
litem
in
TPR
proceedings.
28
Under
Code
section
600A.2,
“indigent”
means
a
person
who
has
29
an
income
level
at
or
below
100
percent
of
the
federal
poverty
30
level,
unless
the
court
determines
the
person
is
able
to
pay
31
for
the
cost
of
the
attorney.
Under
the
bill,
“indigent”
is
32
defined
as
a
person
who
has
an
income
level
at
or
below
125
33
percent
of
the
federal
poverty
level;
or
a
person
who
has
an
34
income
level
greater
than
125
percent
but
at
or
below
200
35
-3-
LSB
5355SZ
(1)
90
pf/jh
3/
5
S.F.
2403
percent
of
the
federal
poverty
level,
and
the
court
makes
a
1
written
finding
that
not
appointing
an
attorney
would
create
a
2
substantial
hardship.
The
bill
also
makes
a
conforming
change
3
in
the
definition
of
“indigent”
to
apply
the
standard
for
the
4
court
determining
a
person’s
ability
to
pay
the
cost
of
an
5
attorney
to
also
apply
to
determining
a
person’s
ability
to
pay
6
the
costs
of
a
guardian
ad
litem.
7
The
bill
requires
that
if
a
petitioner
intends
to
access
8
public
funds
for
the
fees
of
the
guardian
ad
litem
or
the
9
respondent’s
attorney
fees,
a
petition
for
TPR
shall
include
10
an
attached
financial
affidavit,
signed
under
penalty
of
11
perjury,
reflecting
the
household
income
and
family
size
of
the
12
petitioner.
13
The
bill
provides
for
payment
of
services
of
a
guardian
ad
14
litem
in
a
TPR
proceeding
who
is
appointed
for
a
minor
child
15
if
the
child
does
not
have
a
guardian
or
if
the
interests
16
of
the
guardian
conflict
with
the
interests
of
the
child.
17
Under
the
bill,
a
person
filing
a
petition
for
TPR
shall
be
18
responsible
for
the
payment
of
reasonable
fees
for
services
19
provided
by
an
appointed
guardian
ad
litem
in
juvenile
court
or
20
in
an
appellate
proceeding
initiated
by
the
person
filing
the
21
petition
unless
the
person
filing
the
petition
is
a
licensed
22
private
child-placing
agency
or
the
court
determines
that
the
23
person
filing
the
petition
is
indigent.
If
the
person
filing
24
the
petition
is
a
licensed
private
child-placing
agency
or
25
is
indigent,
the
prospective
parent
shall
be
responsible
for
26
the
payment
of
reasonable
fees
for
services
provided
by
an
27
appointed
guardian
ad
litem
in
juvenile
court
or
an
appellate
28
proceeding
unless
the
court
determines
that
the
prospective
29
parent
on
whose
behalf
the
petition
is
filed
is
indigent.
If
30
the
prospective
parent
is
indigent,
and
if
the
person
filing
31
the
petition
is
indigent
or
a
private
child-placing
agency,
32
the
appointed
guardian
ad
litem
shall
be
paid
reasonable
fees
33
as
determined
by
the
state
public
defender
from
the
indigent
34
defense
fund.
The
bill
requires
the
state
public
defender
to
35
-4-
LSB
5355SZ
(1)
90
pf/jh
4/
5
S.F.
2403
review
all
claims
submitted
for
payment
of
the
guardian
ad
1
litem
fees
and
authorizes
the
state
public
defender
to
act
2
on
the
claims
as
otherwise
authorized
under
Code
chapter
13B
3
(public
defenders)
and
Code
chapter
815
(costs-compensation
and
4
fees-indigent
defense).
5
The
bill
makes
a
conforming
change
in
Code
section
815.11
6
(appropriations
for
indigent
defense
——
fund
created)
to
7
include
authorization
to
utilize
the
moneys
in
the
fund
to
pay
8
for
the
services
of
a
court-appointed
guardian
ad
litem
for
9
TPR
proceedings
as
provided
under
the
bill
on
behalf
of
an
10
indigent.
11
The
bill
provides
Code
editor
directives
to
allow
the
new
12
Code
section
under
the
bill
relating
to
payment
of
services
of
13
appointed
guardians
ad
litem
for
TPR
proceedings
to
be
located
14
next
to
the
Code
section
relating
to
payment
of
attorney
fees
15
for
TPR
proceedings
and
to
make
other
conforming
changes.
16
-5-
LSB
5355SZ
(1)
90
pf/jh
5/
5