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House File 398 - EnrolledAn Actrelating to adoption proceedings by providing for
representation of adoptive parents and guardians ad litem
by local public defenders for children in certain adoption
proceedings and modifying filing requirements for adoption
petitions and notice requirements for adoption hearings of
adults.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 13B.9, subsection 1, paragraphs b and c,
Code 2023, are amended to read as follows:
b. Represent an indigent party, upon order of the court,
in child in need of assistance, family in need of assistance,
delinquency, and termination of parental rights proceedings
pursuant to chapter 232 when designated by the state public
defender to represent the indigent party in the type of case
for that county. The local public defender shall counsel and
represent an indigent party in all proceedings pursuant to
chapter 232 to which the local public defender is appointed
and prosecute before or after judgment any appeals or other
remedies which the local public defender considers to be in
the interest of justice unless other counsel is appointed to
the case. A local public defender office or designee shall
represent in a subsequent adoption proceeding an indigent a
party including a nonindigent party who files an adoption
petition pursuant to section 600.3 to adopt a child who was the
subject of a termination of parental rights proceeding pursuant
to chapter 232 in which the local public defender office was
involved as provided under this paragraph. If a conflict of
interest arises, the representation shall be provided through
referral of the indigent party to outside counsel with whom the
state public defender has contracted, subject to the fees for
legal services incorporated in the contract.
c. Serve as guardian ad litem for each child in all cases
in which the local public defender office is the state public
defender’s designee. The local public defender shall be
responsible for determining who shall perform the duties of
the guardian ad litem as defined in section 232.2 and shall
be responsible for assuring the court that the duties of the
guardian ad litem have been fulfilled. A local public defender
office or designee shall serve as guardian ad litem for each
child in a subsequent adoption proceeding pursuant to section
600.3 to adopt a child who was the subject of a termination of
parental rights proceeding pursuant to chapter 232 in which the
-1-local public defender office was involved as provided under
this paragraph. If a conflict of interest arises, the guardian
ad litem for the child shall be provided through retention
of outside counsel with whom the state public defender has
contracted, subject to the fees for guardian ad litem services
incorporated in the contract.
Sec. 2. Section 600.6, subsection 1, Code 2023, is amended
to read as follows:
1. A certified copy of the birth certificate showing
parentage of the person to be adopted or, if such certificate
is not available, a verified birth record. The department of
health and human services shall provide a certified copy of a
birth certificate or a verified birth record, as applicable, to
the person adopting a child when the department of health and
human services is the guardian of the child.
Sec. 3. Section 600.11, Code 2023, is amended to read as
follows:
600.11 Notice of adoption hearing.
1. The juvenile court or court shall set the time and place
of the adoption hearing prescribed in section 600.12 upon
application of the petitioner. The juvenile court or court
may continue the adoption hearing if the notice prescribed in
subsections 2 and 3 4 or subsections 3 and 4, as applicable, is
given, except that such notice shall only be given at least ten
days prior to the date which has been set for the continuation
of the adoption hearing.
2. a. At Unless the person to be adopted is an adult and
subsection 3 is applicable, at least twenty days before the
adoption hearing, a copy of the petition and its attachments
and a notice of the adoption hearing shall be given by the
adoption petitioner to all of the following:
(1) A guardian, guardian ad litem if appointed for the
adoption proceedings, and custodian of, and a person in a
parent-child relationship with the person to be adopted. This
subparagraph does not require notice to be given to a person
-2-whose parental rights have been terminated with regard to the
person to be adopted.
(2) The person to be adopted who is an adult.
(3) (2) Any person who is designated to make an
investigation and report under section 600.8.
(4) (3) Any other person who is required to consent under
section 600.7.
(5) (4) A person who has been granted visitation rights
with the child to be adopted pursuant to section 600C.1.
(6) (5) A person who is ordered to pay support or a
postsecondary education subsidy pursuant to section 598.21F, or
chapter 234, 252A, 252C, 252F, 598, 600B, or any other chapter
of the Code, for a person eighteen years of age or older who is
being adopted by a stepparent, and the support order or order
requires payment of support or postsecondary education subsidy
for any period of time after the child reaches eighteen years
of age.
(7) (6) Any siblings of the person to be adopted due to
either an ongoing relationship or a court finding that ongoing
contact with the person to be adopted is in the best interest
of each sibling if the person to be adopted was a minor child
when the minor child’s parents had their parental rights
terminated pursuant to chapter 232 and the person to be adopted
and the person’s siblings were not placed together.
b. Nothing in this subsection shall require the petitioner
to give notice to self or to petitioner’s spouse. A duplicate
copy of the petition and its attachments shall be mailed to the
department by the clerk of court at the time the petition is
filed.
3. If the person to be adopted is an adult, at least twenty
days before the adoption hearing, a copy of the petition and
its attachments and a notice of the adoption hearing shall be
given by the adoption petitioner to the person to be adopted
and any other person who is required to consent to the adoption
under section 600.7.
-3- 4. A notice of the adoption hearing shall state the time,
place, and purpose of the hearing and shall be served in
accordance with rule of civil procedure 1.305. Proof of the
giving of notice shall be filed with the juvenile court or
court prior to the adoption hearing. Acceptance of service by
the party being given notice shall satisfy the requirements of
this subsection.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 398, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorpf/rh
representation of adoptive parents and guardians ad litem
by local public defenders for children in certain adoption
proceedings and modifying filing requirements for adoption
petitions and notice requirements for adoption hearings of
adults.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 13B.9, subsection 1, paragraphs b and c,
Code 2023, are amended to read as follows:
b. Represent an indigent party, upon order of the court,
in child in need of assistance, family in need of assistance,
delinquency, and termination of parental rights proceedings
pursuant to chapter 232 when designated by the state public
defender to represent the indigent party in the type of case
for that county. The local public defender shall counsel and
represent an indigent party in all proceedings pursuant to
chapter 232 to which the local public defender is appointed
and prosecute before or after judgment any appeals or other
remedies which the local public defender considers to be in
the interest of justice unless other counsel is appointed to
the case. A local public defender office or designee shall
represent in a subsequent adoption proceeding an indigent a
party including a nonindigent party who files an adoption
petition pursuant to section 600.3 to adopt a child who was the
subject of a termination of parental rights proceeding pursuant
to chapter 232 in which the local public defender office was
involved as provided under this paragraph. If a conflict of
interest arises, the representation shall be provided through
referral of the indigent party to outside counsel with whom the
state public defender has contracted, subject to the fees for
legal services incorporated in the contract.
c. Serve as guardian ad litem for each child in all cases
in which the local public defender office is the state public
defender’s designee. The local public defender shall be
responsible for determining who shall perform the duties of
the guardian ad litem as defined in section 232.2 and shall
be responsible for assuring the court that the duties of the
guardian ad litem have been fulfilled. A local public defender
office or designee shall serve as guardian ad litem for each
child in a subsequent adoption proceeding pursuant to section
600.3 to adopt a child who was the subject of a termination of
parental rights proceeding pursuant to chapter 232 in which the
-1-local public defender office was involved as provided under
this paragraph. If a conflict of interest arises, the guardian
ad litem for the child shall be provided through retention
of outside counsel with whom the state public defender has
contracted, subject to the fees for guardian ad litem services
incorporated in the contract.
Sec. 2. Section 600.6, subsection 1, Code 2023, is amended
to read as follows:
1. A certified copy of the birth certificate showing
parentage of the person to be adopted or, if such certificate
is not available, a verified birth record. The department of
health and human services shall provide a certified copy of a
birth certificate or a verified birth record, as applicable, to
the person adopting a child when the department of health and
human services is the guardian of the child.
Sec. 3. Section 600.11, Code 2023, is amended to read as
follows:
600.11 Notice of adoption hearing.
1. The juvenile court or court shall set the time and place
of the adoption hearing prescribed in section 600.12 upon
application of the petitioner. The juvenile court or court
may continue the adoption hearing if the notice prescribed in
subsections 2 and 3 4 or subsections 3 and 4, as applicable, is
given, except that such notice shall only be given at least ten
days prior to the date which has been set for the continuation
of the adoption hearing.
2. a. At Unless the person to be adopted is an adult and
subsection 3 is applicable, at least twenty days before the
adoption hearing, a copy of the petition and its attachments
and a notice of the adoption hearing shall be given by the
adoption petitioner to all of the following:
(1) A guardian, guardian ad litem if appointed for the
adoption proceedings, and custodian of, and a person in a
parent-child relationship with the person to be adopted. This
subparagraph does not require notice to be given to a person
-2-whose parental rights have been terminated with regard to the
person to be adopted.
(2) The person to be adopted who is an adult.
(3) (2) Any person who is designated to make an
investigation and report under section 600.8.
(4) (3) Any other person who is required to consent under
section 600.7.
(5) (4) A person who has been granted visitation rights
with the child to be adopted pursuant to section 600C.1.
(6) (5) A person who is ordered to pay support or a
postsecondary education subsidy pursuant to section 598.21F, or
chapter 234, 252A, 252C, 252F, 598, 600B, or any other chapter
of the Code, for a person eighteen years of age or older who is
being adopted by a stepparent, and the support order or order
requires payment of support or postsecondary education subsidy
for any period of time after the child reaches eighteen years
of age.
(7) (6) Any siblings of the person to be adopted due to
either an ongoing relationship or a court finding that ongoing
contact with the person to be adopted is in the best interest
of each sibling if the person to be adopted was a minor child
when the minor child’s parents had their parental rights
terminated pursuant to chapter 232 and the person to be adopted
and the person’s siblings were not placed together.
b. Nothing in this subsection shall require the petitioner
to give notice to self or to petitioner’s spouse. A duplicate
copy of the petition and its attachments shall be mailed to the
department by the clerk of court at the time the petition is
filed.
3. If the person to be adopted is an adult, at least twenty
days before the adoption hearing, a copy of the petition and
its attachments and a notice of the adoption hearing shall be
given by the adoption petitioner to the person to be adopted
and any other person who is required to consent to the adoption
under section 600.7.
-3- 4. A notice of the adoption hearing shall state the time,
place, and purpose of the hearing and shall be served in
accordance with rule of civil procedure 1.305. Proof of the
giving of notice shall be filed with the juvenile court or
court prior to the adoption hearing. Acceptance of service by
the party being given notice shall satisfy the requirements of
this subsection.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 398, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorpf/rh