House File 2580 H-8168 Amend House File 2580 as follows: 1 1. Page 2, by striking lines 1 through 7 and inserting: 2 < 4. a. If a child is under the age of ten, the same person 3 may serve as the child’s counsel and the child’s guardian ad 4 litem. A court may appoint a separate guardian ad litem if the 5 court finds that the same person cannot adequately represent 6 the child as the child’s counsel while advocating for the best 7 interests of the child as guardian ad litem in accordance with 8 section 232.2, subsection 25, paragraph “e” . If a child’s 9 guardian ad litem is also acting as the child’s counsel, each 10 report submitted to a court by the guardian ad litem shall 11 contain a statement indicating whether a separate guardian ad 12 litem is required based on the child’s age or the guardian ad 13 litem’s interviews and investigations conducted up to the time 14 the report is submitted to the court. 15 b. If a child attains ten years of age while represented by 16 a guardian ad litem pursuant to this section, the court shall 17 enter an order discharging the guardian ad litem and appoint 18 counsel for the child pursuant to the provisions of this 19 section. A court may appoint a guardian ad litem discharged 20 pursuant to this subsection as counsel for the child if the 21 person can properly represent the legal interests of the 22 child. > 23 2. Page 2, line 9, by striking < subsection: > and inserting 24 < subsections: > 25 3. Page 2, line 10, by striking < The > and inserting < If a 26 child remains in foster care after the matter which caused the 27 child to be placed in foster care has resolved, the > 28 4. By striking page 3, line 32, through page 4, line 4, and 29 inserting: 30 < NEW SUBSECTION . 4. a. If a child is under the age of 31 ten, the same person may serve as the child’s counsel and the 32 child’s guardian ad litem. A court may appoint a separate 33 guardian ad litem if the court finds that the same person 34 cannot adequately represent the child as the child’s counsel 35 -1- HF 2580.3537 (1) 90 dg/ko 1/ 3 #1. #2. #3. #4.
while advocating for the best interests of the child as 1 guardian ad litem in accordance with section 232.2, subsection 2 25, paragraph “e” . If a child’s guardian ad litem is also 3 acting as the child’s counsel, each report submitted to a court 4 by the guardian ad litem shall contain a statement indicating 5 whether a separate guardian ad litem is required based on 6 the child’s age or the guardian ad litem’s interviews and 7 investigations conducted up to the time the report is submitted 8 to the court. 9 b. If a child attains ten years of age while represented by 10 a guardian ad litem pursuant to this section, the court shall 11 enter an order discharging the guardian ad litem and appoint 12 counsel for the child pursuant to the provisions of this 13 section. A court may appoint a guardian ad litem discharged 14 pursuant to this subsection as counsel for the child if the 15 person can properly represent the legal interests of the 16 child. > 17 5. Page 4, line 5, by striking < The > and inserting < If a 18 child remains in foster care after the matter which caused the 19 child to be placed in foster care has resolved, the > 20 6. Page 5, by striking lines 27 through 34 and inserting: 21 < NEW SUBSECTION . 4. a. If a child is under the age of 22 ten, the same person may serve as the child’s counsel and the 23 child’s guardian ad litem. A court may appoint a separate 24 guardian ad litem if the court finds that the same person 25 cannot adequately represent the child as the child’s counsel 26 while advocating for the best interests of the child as 27 guardian ad litem in accordance with section 232.2, subsection 28 25, paragraph “e” . If a child’s guardian ad litem is also 29 acting as the child’s counsel, each report submitted to a court 30 by the guardian ad litem shall contain a statement indicating 31 whether a separate guardian ad litem is required based on 32 the child’s age or the guardian ad litem’s interviews and 33 investigations conducted up to the time the report is submitted 34 to the court. 35 -2- HF 2580.3537 (1) 90 dg/ko 2/ 3 #5. #6.
b. If a child attains ten years of age while represented by 1 a guardian ad litem pursuant to this section, the court shall 2 enter an order discharging the guardian ad litem and appoint 3 counsel for the child pursuant to the provisions of this 4 section. A court may appoint a guardian ad litem discharged 5 pursuant to this subsection as counsel for the child if the 6 person can properly represent the legal interests of the 7 child. > 8 7. Page 5, line 35, by striking < The > and inserting < If a 9 child remains in foster care after the matter which caused the 10 child to be placed in foster care has resolved, the > 11 ______________________________ LOHSE of Polk -3- HF 2580.3537 (1) 90 dg/ko 3/ 3 #7.