HF 104 (LSB 1951YH (3) 85)

HOUSE FILE 104

BY  MURPHY

A BILL FOR

An Act relating to the payment of reasonable attorney fees relating to an appeal of a termination of parental rights order.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 600A.6B, Code 2013, is amended to read as follows:
   600A.6B  Payment of attorney fees.
   1.  A person filing a petition for termination of parental rights under this chapter or the person on whose behalf the petition is filed shall be responsible for the payment of reasonable attorney fees for counsel appointed pursuant to section 600A.6A unless the
 
one of the following conditions exists:
   a.  The
 
person filing the petition is a private child-placing agency as defined in section 238.1 or unless the.
   b.  The
 
court determines that the person filing the petition or the person on whose behalf the petition is filed is indigent.
   c.  The person filing the petition or the person on whose behalf the petition is filed is exempt pursuant to subsection 3.
   2.  If the person filing the petition is a private child-placing agency as defined in section 238.1 or if the person filing the petition or the person on whose behalf the petition is filed is indigent, the appointed attorney shall be paid reasonable attorney fees as determined by the state public defender.
   3.  If counsel is appointed pursuant to section 600A.6A for hearings or proceedings connected with a request for vacation or appeal of a termination order issued under section 600A.9, subsection 1, paragraph “b”, the person who filed the petition for termination of parental rights or the person on whose behalf the petition was filed shall not be responsible for the payment of reasonable attorney fees for such counsel. Instead, the counsel appointed pursuant to section 600A.6A shall be paid reasonable attorney fees as determined by the state public defender and in accordance with subsection 4.
   3.
  4.  The state public defender shall review all the claims submitted under this section and shall have the same authority with regard to the payment of these claims as the state public defender has with regard to claims submitted under chapters 13B and 815, including the authority to adopt rules concerning the review and payment of claims submitted.
EXPLANATION
   Under current law, in a termination of parental rights proceeding, the person against whom the petition is filed has the right to counsel in connection with all subsequent hearings and proceedings. If that parent desires but is financially unable to employ counsel, the court will appoint counsel if the person requests appointment of counsel, the person is indigent, and the court determines the person will have difficulty presenting the person’s version of the facts in dispute and has a colorable defense to the termination of parental rights. Under current law, unless the person filing the petition for termination of parental rights or the person on whose behalf the petition is filed is a child-placing agency or is indigent, such person is responsible for payment of reasonable attorney fees for appointed counsel.
   This bill specifies an exception to payment of fees for appointed counsel by the person filing or on whose behalf the petition is filed. Under the bill, if an order is issued granting the termination of parental rights petition, and an appeal or vacation of the order is requested, the person who filed the petition for termination of parental rights or the person on whose behalf the petition was filed is not responsible for the payment of reasonable attorney fees for appointed counsel. Instead, appointed counsel is to be paid reasonable attorney fees as determined by the state public defender and in accordance with the process for payment of such claims.