House File 509 - Introduced



                                     HOUSE FILE       
                                     BY  WINCKLER, LENSING, JOCHUM,
                                         WESSEL=KROESCHELL, R. OLSON,
                                         and BERRY


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the right to counsel in involuntary
  2    termination of parental rights proceedings, providing for
  3    appropriation of funds for indigent defense provided in such
  4    proceedings, providing an effective date, and providing for
  5    retroactive applicability.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 2835HH 81
  8 pf/gg/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  600A.6A  RIGHT TO AND APPOINTMENT
  1  2 OF COUNSEL.
  1  3    Upon the filing of a petition for the involuntary
  1  4 termination of parental rights under this chapter, the parent
  1  5 identified in the petition shall have the right to counsel in
  1  6 connection with all subsequent hearings on the proceedings.
  1  7 If the parent desires but is financially unable to employ
  1  8 counsel, the court shall appoint counsel.
  1  9    Sec. 2.  Section 815.11, Code 2005, is amended to read as
  1 10 follows:
  1 11    815.11  APPROPRIATIONS FOR INDIGENT DEFENSE.
  1 12    Costs incurred under chapter 229A, 600A, 665, or 822, or
  1 13 section 232.141, subsection 3, paragraph "c", or section
  1 14 598.23A, 814.9, 814.10, 814.11, 815.4, 815.7, 815.10, or
  1 15 908.11 on behalf of an indigent shall be paid from funds
  1 16 appropriated by the general assembly to the office of the
  1 17 state public defender in the department of inspections and
  1 18 appeals for those purposes.  Costs incurred representing an
  1 19 indigent defendant in a contempt action, or representing an
  1 20 indigent juvenile in a juvenile court proceeding under chapter
  1 21 600, are also payable from these funds.  However, costs
  1 22 incurred in any administrative proceeding or in any other
  1 23 proceeding under chapter 598, 600, 600A, 633, or 915 or other
  1 24 provisions of the Code or administrative rules are not payable
  1 25 from these funds.
  1 26    Sec. 3.  EFFECTIVE DATE AND RETROACTIVE APPLICABILITY.
  1 27 This Act, being deemed of immediate importance, takes effect
  1 28 upon enactment and is retroactively applicable to March 12,
  1 29 2004.
  1 30                           EXPLANATION
  1 31    This bill provides that the court is required to appoint
  1 32 counsel for indigent persons in termination of parental rights
  1 33 proceedings, whether the proceedings are brought under Code
  1 34 chapter 232 or Code chapter 600A, in the case of involuntary
  1 35 terminations.  The bill also provides for payment of the costs
  2  1 of indigent defense under Code chapter 600A from the funds
  2  2 appropriated to the office of the state public defender.
  2  3    The bill takes effect upon enactment and is retroactively
  2  4 applicable to March 12, 2004.
  2  5 LSB 2835HH 81
  2  6 pf:nh/gg/14