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