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House File 61 - IntroducedA Bill ForAn Act 1relating to adoption proceedings by providing for
2representation of adoptive parents and guardians ad litem
3by local public defenders for children in certain adoption
4proceedings and modifying filing requirements for adoption
5petitions and notice requirements for adoption hearings of
6adults.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 13B.9, subsection 1, paragraphs b and c,
2Code 2023, are amended to read as follows:
3b. Represent an indigent party, upon order of the court,
4in child in need of assistance, family in need of assistance,
5delinquency, and termination of parental rights proceedings
6pursuant to chapter 232 when designated by the state public
7defender to represent the indigent party in the type of case
8for that county. The local public defender shall counsel and
9represent an indigent party in all proceedings pursuant to
10chapter 232 to which the local public defender is appointed
11and prosecute before or after judgment any appeals or other
12remedies which the local public defender considers to be in
13the interest of justice unless other counsel is appointed to
14the case. A local public defender office or designee shall
15represent in a subsequent adoption proceeding an indigent a
16 party including a nonindigent party who files an adoption
17petition pursuant to section 600.3 to adopt a child who was the
18subject of a termination of parental rights proceeding pursuant
19to chapter 232 in which the local public defender office was
20involved as provided under this paragraph. If a conflict of
21interest arises, the representation shall be provided through
22referral of the indigent party to outside counsel with whom the
23state public defender has contracted, subject to the fees for
24legal services incorporated in the contract.
25c. Serve as guardian ad litem for each child in all cases
26in which the local public defender office is the state public
27defender’s designee. The local public defender shall be
28responsible for determining who shall perform the duties of
29the guardian ad litem as defined in section 232.2 and shall
30be responsible for assuring the court that the duties of the
31guardian ad litem have been fulfilled. A local public defender
32office or designee shall serve as guardian ad litem for each
33child in a subsequent adoption proceeding pursuant to section
34600.3 to adopt a child who was the subject of a termination of
35parental rights proceeding pursuant to chapter 232 in which the
-1-1local public defender office was involved as provided under
2this paragraph. If a conflict of interest arises, the guardian
3ad litem for the child shall be provided through retention
4of outside counsel with whom the state public defender has
5contracted, subject to the fees for guardian ad litem services
6incorporated in the contract.
7 Sec. 2. Section 600.6, subsection 1, Code 2023, is amended
8to read as follows:
91. A certified copy of the birth certificate showing
10parentage of the person to be adopted or, if such certificate
11is not available, a verified birth record. The department of
12health and human services shall provide a certified copy of
13a birth certificate to the person adopting a child when the
14department of health and human services is the guardian of the
15child.
16 Sec. 3. Section 600.11, Code 2023, is amended to read as
17follows:
18600.11 Notice of adoption hearing.
191. The juvenile court or court shall set the time and place
20of the adoption hearing prescribed in section 600.12 upon
21application of the petitioner. The juvenile court or court
22may continue the adoption hearing if the notice prescribed in
23subsections 2 and 3 4 or subsections 3 and 4, as applicable, is
24given, except that such notice shall only be given at least ten
25days prior to the date which has been set for the continuation
26of the adoption hearing.
272. a. At Unless the person to be adopted is an adult and
28subsection 3 is applicable, at least twenty days before the
29adoption hearing, a copy of the petition and its attachments
30and a notice of the adoption hearing shall be given by the
31adoption petitioner to all of the following:
32(1) A guardian, guardian ad litem if appointed for the
33adoption proceedings, and custodian of, and a person in a
34parent-child relationship with the person to be adopted. This
35subparagraph does not require notice to be given to a person
-2-1whose parental rights have been terminated with regard to the
2person to be adopted.
3(2) The person to be adopted who is an adult.
4(3) (2) Any person who is designated to make an
5investigation and report under section 600.8.
6(4) (3) Any other person who is required to consent under
7section 600.7.
8(5) (4) A person who has been granted visitation rights
9with the child to be adopted pursuant to section 600C.1.
10(6) (5) A person who is ordered to pay support or a
11postsecondary education subsidy pursuant to section 598.21F, or
12chapter 234, 252A, 252C, 252F, 598, 600B, or any other chapter
13of the Code, for a person eighteen years of age or older who is
14being adopted by a stepparent, and the support order or order
15requires payment of support or postsecondary education subsidy
16for any period of time after the child reaches eighteen years
17of age.
18(7) (6) Any siblings of the person to be adopted due to
19either an ongoing relationship or a court finding that ongoing
20contact with the person to be adopted is in the best interest
21of each sibling if the person to be adopted was a minor child
22when the minor child’s parents had their parental rights
23terminated pursuant to chapter 232 and the person to be adopted
24and the person’s siblings were not placed together.
25b. Nothing in this subsection shall require the petitioner
26to give notice to self or to petitioner’s spouse. A duplicate
27copy of the petition and its attachments shall be mailed to the
28department by the clerk of court at the time the petition is
29filed.
303. If the person to be adopted is an adult, at least twenty
31days before the adoption hearing, a copy of the petition and
32its attachments and a notice of the adoption hearing shall be
33given by the adoption petitioner to the person to be adopted
34and any other person who is required to consent to the adoption
35under section 600.7.
-3- 14. A notice of the adoption hearing shall state the time,
2place, and purpose of the hearing and shall be served in
3accordance with rule of civil procedure 1.305. Proof of the
4giving of notice shall be filed with the juvenile court or
5court prior to the adoption hearing. Acceptance of service by
6the party being given notice shall satisfy the requirements of
7this subsection.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill relates to adoption proceedings including
12provisions relating to representation of the parties and
13provision of a guardian ad litem for a child in certain
14adoption proceedings, attachments to an adoption petition, and
15requirements for notice of an adoption hearing.
16Regarding the powers and duties of local public defenders,
17the bill provides for the representation of certain parties and
18for provision of a guardian ad litem for a child in certain
19adoption proceedings.
20Under current law, a local public defender office shall
21represent an indigent party, upon order of the court, in
22child in need of assistance, family in need of assistance,
23delinquency, and termination of parental rights proceedings
24pursuant to Code chapter 232 (juvenile justice) when designated
25by the state public defender to represent the indigent party
26in the type of case for that county. Additionally, under
27current law, a local public defender office shall represent,
28in a subsequent adoption proceeding, an indigent party who
29files an adoption petition to adopt a child who was the subject
30of a termination of parental rights proceeding pursuant to
31Code chapter 232 in which the local public defender office was
32involved. If a conflict of interest arises, the representation
33shall be provided through referral of the indigent party
34to outside counsel with whom the state public defender has
35contracted, subject to the fees for legal services incorporated
-4-1in the contract. The bill amends the provisions relating
2to representation by the local public defender office in
3the specified type of subsequent adoption proceeding by
4providing that the local public defender office or designee
5shall represent in any such subsequent adoption proceeding
6both indigent and nonindigent parties who file an adoption
7petition. The bill also makes a conforming change to provide
8that a referral for representation in the case of a conflict
9of interest applies to both indigent and nonindigent parties,
10as applicable.
11Under current law, a local public defender office shall
12serve as guardian ad litem for each child in all cases in which
13a local public defender office is the state public defender’s
14designee. The local public defender is responsible for
15determining who shall serve as guardian ad litem pursuant to
16Code chapter 232 (juvenile justice) and for assuring that the
17duties are fulfilled. The bill requires, additionally, that
18a local public defender office shall be appointed to serve as
19guardian ad litem in a subsequent adoption proceeding to adopt
20a child who was the subject of a termination of parental rights
21proceeding pursuant to Code chapter 232 in which the local
22public defender office was involved. If a conflict of interest
23arises, the guardian ad litem for the child shall be provided
24through retention of outside counsel with whom the state public
25defender has contracted, subject to the fees for guardian ad
26litem services incorporated in the contract.
27The bill also amends provisions relating to the contents
28of an adoption petition. Current law requires an adoption
29petition to have attached a certified copy of the birth
30certificate showing the parentage of the person to be adopted
31or, if such certificate is not available, a verified birth
32record. The bill provides that if the department of health
33and human services (HHS) is the guardian of the child being
34adopted, HHS shall provide a certified copy of a birth
35certificate to the person adopting the child.
-5- 1The bill amends provisions relating to the notice of
2adoption hearing to distinguish between whether the person
3to be adopted is a child or an adult. Under current law, in
4all adoptions, at least 20 days before the adoption hearing,
5a copy of the petition and its attachments and a notice of the
6adoption hearing shall be given by the adoption petitioner to
7a guardian, guardian ad litem if appointed for the adoption
8proceedings, and custodian of, and a person in a parent-child
9relationship with the person to be adopted, not including a
10person whose parental rights have been terminated with regard
11to the person to be adopted; the person to be adopted who is an
12adult; any person who is designated to make an investigation
13and report under Code section 600.8 (placement investigations
14and reports); any other person who is required to consent
15under Code section 600.7 (consents to adoption); a person
16who has been granted visitation rights with the child to be
17adopted pursuant to Code section 600C.1 (grandparent and
18great-grandparent visitation); a person who is ordered to pay
19support or a postsecondary education subsidy; and any siblings
20of the person to be adopted under certain conditions. These
21current notice of adoption hearing provisions still apply,
22unless the person to be adopted is an adult. Alternatively,
23the bill provides that if the person to be adopted is an adult,
24at least 20 days before the adoption hearing, a copy of the
25petition and its attachments and a notice of the adoption
26hearing shall be given by the adoption petitioner only to the
27person to be adopted and any other person who is required to
28consent to the adoption.
-6-pf/rh
2representation of adoptive parents and guardians ad litem
3by local public defenders for children in certain adoption
4proceedings and modifying filing requirements for adoption
5petitions and notice requirements for adoption hearings of
6adults.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 13B.9, subsection 1, paragraphs b and c,
2Code 2023, are amended to read as follows:
3b. Represent an indigent party, upon order of the court,
4in child in need of assistance, family in need of assistance,
5delinquency, and termination of parental rights proceedings
6pursuant to chapter 232 when designated by the state public
7defender to represent the indigent party in the type of case
8for that county. The local public defender shall counsel and
9represent an indigent party in all proceedings pursuant to
10chapter 232 to which the local public defender is appointed
11and prosecute before or after judgment any appeals or other
12remedies which the local public defender considers to be in
13the interest of justice unless other counsel is appointed to
14the case. A local public defender office or designee shall
15represent in a subsequent adoption proceeding an indigent a
16 party including a nonindigent party who files an adoption
17petition pursuant to section 600.3 to adopt a child who was the
18subject of a termination of parental rights proceeding pursuant
19to chapter 232 in which the local public defender office was
20involved as provided under this paragraph. If a conflict of
21interest arises, the representation shall be provided through
22referral of the indigent party to outside counsel with whom the
23state public defender has contracted, subject to the fees for
24legal services incorporated in the contract.
25c. Serve as guardian ad litem for each child in all cases
26in which the local public defender office is the state public
27defender’s designee. The local public defender shall be
28responsible for determining who shall perform the duties of
29the guardian ad litem as defined in section 232.2 and shall
30be responsible for assuring the court that the duties of the
31guardian ad litem have been fulfilled. A local public defender
32office or designee shall serve as guardian ad litem for each
33child in a subsequent adoption proceeding pursuant to section
34600.3 to adopt a child who was the subject of a termination of
35parental rights proceeding pursuant to chapter 232 in which the
-1-1local public defender office was involved as provided under
2this paragraph. If a conflict of interest arises, the guardian
3ad litem for the child shall be provided through retention
4of outside counsel with whom the state public defender has
5contracted, subject to the fees for guardian ad litem services
6incorporated in the contract.
7 Sec. 2. Section 600.6, subsection 1, Code 2023, is amended
8to read as follows:
91. A certified copy of the birth certificate showing
10parentage of the person to be adopted or, if such certificate
11is not available, a verified birth record. The department of
12health and human services shall provide a certified copy of
13a birth certificate to the person adopting a child when the
14department of health and human services is the guardian of the
15child.
16 Sec. 3. Section 600.11, Code 2023, is amended to read as
17follows:
18600.11 Notice of adoption hearing.
191. The juvenile court or court shall set the time and place
20of the adoption hearing prescribed in section 600.12 upon
21application of the petitioner. The juvenile court or court
22may continue the adoption hearing if the notice prescribed in
23subsections 2 and 3 4 or subsections 3 and 4, as applicable, is
24given, except that such notice shall only be given at least ten
25days prior to the date which has been set for the continuation
26of the adoption hearing.
272. a. At Unless the person to be adopted is an adult and
28subsection 3 is applicable, at least twenty days before the
29adoption hearing, a copy of the petition and its attachments
30and a notice of the adoption hearing shall be given by the
31adoption petitioner to all of the following:
32(1) A guardian, guardian ad litem if appointed for the
33adoption proceedings, and custodian of, and a person in a
34parent-child relationship with the person to be adopted. This
35subparagraph does not require notice to be given to a person
-2-1whose parental rights have been terminated with regard to the
2person to be adopted.
3(2) The person to be adopted who is an adult.
4(3) (2) Any person who is designated to make an
5investigation and report under section 600.8.
6(4) (3) Any other person who is required to consent under
7section 600.7.
8(5) (4) A person who has been granted visitation rights
9with the child to be adopted pursuant to section 600C.1.
10(6) (5) A person who is ordered to pay support or a
11postsecondary education subsidy pursuant to section 598.21F, or
12chapter 234, 252A, 252C, 252F, 598, 600B, or any other chapter
13of the Code, for a person eighteen years of age or older who is
14being adopted by a stepparent, and the support order or order
15requires payment of support or postsecondary education subsidy
16for any period of time after the child reaches eighteen years
17of age.
18(7) (6) Any siblings of the person to be adopted due to
19either an ongoing relationship or a court finding that ongoing
20contact with the person to be adopted is in the best interest
21of each sibling if the person to be adopted was a minor child
22when the minor child’s parents had their parental rights
23terminated pursuant to chapter 232 and the person to be adopted
24and the person’s siblings were not placed together.
25b. Nothing in this subsection shall require the petitioner
26to give notice to self or to petitioner’s spouse. A duplicate
27copy of the petition and its attachments shall be mailed to the
28department by the clerk of court at the time the petition is
29filed.
303. If the person to be adopted is an adult, at least twenty
31days before the adoption hearing, a copy of the petition and
32its attachments and a notice of the adoption hearing shall be
33given by the adoption petitioner to the person to be adopted
34and any other person who is required to consent to the adoption
35under section 600.7.
-3- 14. A notice of the adoption hearing shall state the time,
2place, and purpose of the hearing and shall be served in
3accordance with rule of civil procedure 1.305. Proof of the
4giving of notice shall be filed with the juvenile court or
5court prior to the adoption hearing. Acceptance of service by
6the party being given notice shall satisfy the requirements of
7this subsection.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill relates to adoption proceedings including
12provisions relating to representation of the parties and
13provision of a guardian ad litem for a child in certain
14adoption proceedings, attachments to an adoption petition, and
15requirements for notice of an adoption hearing.
16Regarding the powers and duties of local public defenders,
17the bill provides for the representation of certain parties and
18for provision of a guardian ad litem for a child in certain
19adoption proceedings.
20Under current law, a local public defender office shall
21represent an indigent party, upon order of the court, in
22child in need of assistance, family in need of assistance,
23delinquency, and termination of parental rights proceedings
24pursuant to Code chapter 232 (juvenile justice) when designated
25by the state public defender to represent the indigent party
26in the type of case for that county. Additionally, under
27current law, a local public defender office shall represent,
28in a subsequent adoption proceeding, an indigent party who
29files an adoption petition to adopt a child who was the subject
30of a termination of parental rights proceeding pursuant to
31Code chapter 232 in which the local public defender office was
32involved. If a conflict of interest arises, the representation
33shall be provided through referral of the indigent party
34to outside counsel with whom the state public defender has
35contracted, subject to the fees for legal services incorporated
-4-1in the contract. The bill amends the provisions relating
2to representation by the local public defender office in
3the specified type of subsequent adoption proceeding by
4providing that the local public defender office or designee
5shall represent in any such subsequent adoption proceeding
6both indigent and nonindigent parties who file an adoption
7petition. The bill also makes a conforming change to provide
8that a referral for representation in the case of a conflict
9of interest applies to both indigent and nonindigent parties,
10as applicable.
11Under current law, a local public defender office shall
12serve as guardian ad litem for each child in all cases in which
13a local public defender office is the state public defender’s
14designee. The local public defender is responsible for
15determining who shall serve as guardian ad litem pursuant to
16Code chapter 232 (juvenile justice) and for assuring that the
17duties are fulfilled. The bill requires, additionally, that
18a local public defender office shall be appointed to serve as
19guardian ad litem in a subsequent adoption proceeding to adopt
20a child who was the subject of a termination of parental rights
21proceeding pursuant to Code chapter 232 in which the local
22public defender office was involved. If a conflict of interest
23arises, the guardian ad litem for the child shall be provided
24through retention of outside counsel with whom the state public
25defender has contracted, subject to the fees for guardian ad
26litem services incorporated in the contract.
27The bill also amends provisions relating to the contents
28of an adoption petition. Current law requires an adoption
29petition to have attached a certified copy of the birth
30certificate showing the parentage of the person to be adopted
31or, if such certificate is not available, a verified birth
32record. The bill provides that if the department of health
33and human services (HHS) is the guardian of the child being
34adopted, HHS shall provide a certified copy of a birth
35certificate to the person adopting the child.
-5- 1The bill amends provisions relating to the notice of
2adoption hearing to distinguish between whether the person
3to be adopted is a child or an adult. Under current law, in
4all adoptions, at least 20 days before the adoption hearing,
5a copy of the petition and its attachments and a notice of the
6adoption hearing shall be given by the adoption petitioner to
7a guardian, guardian ad litem if appointed for the adoption
8proceedings, and custodian of, and a person in a parent-child
9relationship with the person to be adopted, not including a
10person whose parental rights have been terminated with regard
11to the person to be adopted; the person to be adopted who is an
12adult; any person who is designated to make an investigation
13and report under Code section 600.8 (placement investigations
14and reports); any other person who is required to consent
15under Code section 600.7 (consents to adoption); a person
16who has been granted visitation rights with the child to be
17adopted pursuant to Code section 600C.1 (grandparent and
18great-grandparent visitation); a person who is ordered to pay
19support or a postsecondary education subsidy; and any siblings
20of the person to be adopted under certain conditions. These
21current notice of adoption hearing provisions still apply,
22unless the person to be adopted is an adult. Alternatively,
23the bill provides that if the person to be adopted is an adult,
24at least 20 days before the adoption hearing, a copy of the
25petition and its attachments and a notice of the adoption
26hearing shall be given by the adoption petitioner only to the
27person to be adopted and any other person who is required to
28consent to the adoption.
-6-pf/rh