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