House File 104 - Introduced HOUSE FILE 104 BY MURPHY A BILL FOR An Act relating to the payment of reasonable attorney fees 1 relating to an appeal of a termination of parental rights 2 order. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1951YH (3) 85 pf/nh

H.F. 104 Section 1. Section 600A.6B, Code 2013, is amended to read 1 as follows: 2 600A.6B Payment of attorney fees. 3 1. A person filing a petition for termination of parental 4 rights under this chapter or the person on whose behalf the 5 petition is filed shall be responsible for the payment of 6 reasonable attorney fees for counsel appointed pursuant to 7 section 600A.6A unless the one of the following conditions 8 exists: 9 a. The person filing the petition is a private child-placing 10 agency as defined in section 238.1 or unless the . 11 b. The court determines that the person filing the petition 12 or the person on whose behalf the petition is filed is 13 indigent. 14 c. The person filing the petition or the person on whose 15 behalf the petition is filed is exempt pursuant to subsection 16 3. 17 2. If the person filing the petition is a private 18 child-placing agency as defined in section 238.1 or if the 19 person filing the petition or the person on whose behalf the 20 petition is filed is indigent, the appointed attorney shall be 21 paid reasonable attorney fees as determined by the state public 22 defender. 23 3. If counsel is appointed pursuant to section 600A.6A for 24 hearings or proceedings connected with a request for vacation 25 or appeal of a termination order issued under section 600A.9, 26 subsection 1, paragraph “b” , the person who filed the petition 27 for termination of parental rights or the person on whose 28 behalf the petition was filed shall not be responsible for the 29 payment of reasonable attorney fees for such counsel. Instead, 30 the counsel appointed pursuant to section 600A.6A shall be paid 31 reasonable attorney fees as determined by the state public 32 defender and in accordance with subsection 4. 33 3. 4. The state public defender shall review all the claims 34 submitted under this section and shall have the same authority 35 -1- LSB 1951YH (3) 85 pf/nh 1/ 2

H.F. 104 with regard to the payment of these claims as the state public 1 defender has with regard to claims submitted under chapters 13B 2 and 815 , including the authority to adopt rules concerning the 3 review and payment of claims submitted. 4 EXPLANATION 5 Under current law, in a termination of parental rights 6 proceeding, the person against whom the petition is filed has 7 the right to counsel in connection with all subsequent hearings 8 and proceedings. If that parent desires but is financially 9 unable to employ counsel, the court will appoint counsel if the 10 person requests appointment of counsel, the person is indigent, 11 and the court determines the person will have difficulty 12 presenting the person’s version of the facts in dispute and 13 has a colorable defense to the termination of parental rights. 14 Under current law, unless the person filing the petition for 15 termination of parental rights or the person on whose behalf 16 the petition is filed is a child-placing agency or is indigent, 17 such person is responsible for payment of reasonable attorney 18 fees for appointed counsel. 19 This bill specifies an exception to payment of fees for 20 appointed counsel by the person filing or on whose behalf the 21 petition is filed. Under the bill, if an order is issued 22 granting the termination of parental rights petition, and 23 an appeal or vacation of the order is requested, the person 24 who filed the petition for termination of parental rights 25 or the person on whose behalf the petition was filed is not 26 responsible for the payment of reasonable attorney fees for 27 appointed counsel. Instead, appointed counsel is to be paid 28 reasonable attorney fees as determined by the state public 29 defender and in accordance with the process for payment of such 30 claims. 31 -2- LSB 1951YH (3) 85 pf/nh 2/ 2