H.F. 2326 Section 1. Section 13B.4, subsection 4, paragraph d, Code 1 2014, is amended by striking the paragraph. 2 Sec. 2. NEW SECTION . 13B.4A Judicial review of agency 3 action. 4 1. Notwithstanding chapter 17A, a claimant for payment of 5 indigent defense costs may seek judicial review of the state 6 public defender’s final agency action denying or reducing any 7 claim by filing a motion for judicial review in the court with 8 jurisdiction over the original appointment. This section is 9 the sole and exclusive method of seeking judicial review of the 10 state public defender’s action on any claim for payment. 11 a. A claimant may only file the motion after the state 12 public defender has taken final agency action, as defined by 13 the state public defender, on the claim, and the claimant must 14 file the motion within thirty days of the date that the state 15 public defender provides notice of the final agency action to 16 the claimant. 17 b. Failure to seek judicial review within thirty days of 18 the date that the state public defender provides notice to the 19 claimant of final agency action as defined by the state public 20 defender shall preclude any judicial review of the action taken 21 by the state public defender. 22 c. The motion must clearly and concisely set forth the 23 grounds for error and any other grounds the claimant intends 24 to rely upon when challenging the action of the state public 25 defender. 26 2. a. The court shall set the motion for hearing and 27 provide the state public defender with at least ten days’ 28 notice of the hearing. The state public defender shall not 29 be required to file a resistance to the motion for judicial 30 review. 31 b. The claimant or state public defender may participate 32 in the hearing by telephone. If the state public defender 33 participates by telephone, the state public defender shall be 34 responsible for initiating the telephone call and paying all 35 -1- LSB 5287HV (2) 85 jm/rj 1/ 8

H.F. 2326 telephone charges incurred for the hearing. 1 3. The claimant shall have the burden to show by a 2 preponderance of the evidence any of the following, otherwise 3 the action of the state public defender shall be affirmed: 4 a. The action of the state public defender violates the 5 Constitution of the United States or the Constitution of the 6 State of Iowa, a statute, or an administrative rule adopted by 7 the state public defender. 8 b. The action of the state public defender is unreasonable, 9 arbitrary, capricious, or an abuse of discretion. 10 4. In a hearing on a motion for judicial review of an action 11 of the state public defender the following shall apply: 12 a. The state public defender’s interpretation of a statute, 13 which the state public defender is vested with discretion 14 to interpret pursuant to section 13B.4, subsection 8, is 15 binding on the court unless the interpretation is irrational, 16 illogical, or a wholly unjustifiable interpretation of the law. 17 b. Factual findings of the state public defender must be 18 accepted by the court unless not supported by substantial 19 evidence. 20 c. If the state public defender provides an administrative 21 procedure for review of an action on a claim, the court shall 22 not consider any grounds for error or any other grounds unless 23 raised with the state public defender prior to the final agency 24 action, and the court shall not admit new evidence that was 25 not presented to the state public defender prior to the final 26 agency action. 27 5. If the state public defender is not first notified and 28 given an opportunity to be heard, any court order entered after 29 the state public defender has taken action on the claim, which 30 affects the claim, is void. 31 6. The decision of the court following a hearing on a motion 32 for judicial review is a final judgment appealable by either 33 the claimant or state public defender. 34 Sec. 3. Section 13B.4B, subsection 2, paragraphs c and d, 35 -2- LSB 5287HV (2) 85 jm/rj 2/ 8

H.F. 2326 Code 2014, are amended to read as follows: 1 c. The state public defender may in the state public 2 defender’s sole discretion release claims and supporting 3 documents , including any information that would otherwise 4 be confidential in sections 232.147 through 232.150, to the 5 auditor of state, the Iowa supreme court attorney disciplinary 6 board, the grievance commission of the supreme court of Iowa, 7 or to other state or local agencies to the extent necessary 8 to investigate fraud or other criminal activity against the 9 attorney or vendor submitting the claim. 10 d. The state public defender may release the claim and 11 supporting documents to the court with respect to a hearing 12 held under section 13B.4, subsection 4 , paragraph “d” 13B.4A . 13 Sec. 4. Section 232.151, Code 2014, is amended to read as 14 follows: 15 232.151 Criminal penalties. 16 Any person who knowingly discloses, receives, or makes 17 use or permits the use of information derived directly or 18 indirectly from the records concerning a child referred to in 19 sections 232.147 to through 232.150 , except as provided by 20 those sections or section 13B.4B, subsection 2, paragraph “c” , 21 shall be guilty of a serious misdemeanor. 22 Sec. 5. Section 600A.6A, subsection 2, Code 2014, is amended 23 to read as follows: 24 2. If the parent against whom the petition is filed desires 25 but is financially unable to employ counsel, the court , 26 following an in-court colloquy, shall appoint counsel for the 27 person if all of the following criteria are met: 28 a. The person requests appointment of counsel. 29 b. The person is indigent. 30 c. The court determines both of the following: 31 (1) The person, because of lack of skill or education, would 32 have difficulty in presenting the person’s version of the facts 33 in dispute, particularly where the presentation of the facts 34 requires the examination or cross-examination of witnesses or 35 -3- LSB 5287HV (2) 85 jm/rj 3/ 8

H.F. 2326 the presentation of complex documentary evidence. 1 (2) The person has a colorable defense to the termination 2 of parental rights, or there are substantial reasons that 3 make termination of parental rights inappropriate the person 4 requests appointment of counsel and the court determines that 5 the person is indigent . 6 Sec. 6. Section 600A.6B, Code 2014, is amended to read as 7 follows: 8 600A.6B Payment of attorney fees. 9 1. A person filing a petition for termination of parental 10 rights under this chapter or the person on whose behalf the 11 petition is filed shall be responsible for the payment of 12 reasonable attorney fees for services provided by counsel 13 appointed pursuant to section 600A.6A in juvenile court or in 14 an appellate proceeding initiated by the person filing the 15 petition unless the person filing the petition is a private 16 child-placing agency as defined in section 238.1 licensed under 17 chapter 238 or unless the court determines that the person 18 filing the petition or the person on whose behalf the petition 19 is filed is indigent. 20 2. If the person filing the petition is a private 21 child-placing agency as defined in section 238.1 licensed 22 under chapter 238 or if the person filing the petition or the 23 person on whose behalf the petition is filed is indigent, the 24 appointed attorney shall be paid reasonable attorney fees 25 prospective parent on whose behalf the petition is filed 26 shall be responsible for the payment of reasonable attorney 27 fees for services provided in juvenile court or an appellate 28 proceeding as determined by the state public defender for 29 counsel appointed pursuant to section 600A.6A unless the court 30 determines that the prospective parent on whose behalf the 31 petition is filed is indigent . 32 3. If the prospective parent on whose behalf the petition 33 is filed is indigent, and if the person filing the petition 34 is indigent or a private child-placing agency licensed under 35 -4- LSB 5287HV (2) 85 jm/rj 4/ 8

H.F. 2326 chapter 238, the appointed counsel shall be paid reasonable 1 attorney fees as determined by the state public defender from 2 the indigent defense fund established in section 815.11. 3 3. 4. If the parent against whom the petition is filed 4 appeals a termination order under section 600A.9, subsection 1 , 5 paragraph “b” , the person who filed the petition or the person 6 on whose behalf the petition is filed shall not be responsible 7 for the payment of attorney fees for services provided by 8 counsel appointed pursuant to section 600A.6A in the appellate 9 proceeding. Instead, the appointed attorney shall be paid 10 reasonable attorney fees as determined by the state public 11 defender from the indigent defense fund established pursuant 12 to section 815.11 . 13 4. 5. The state public defender shall review all the 14 claims submitted under this section subsection 3 or 4 and shall 15 have the same authority with regard to the payment of these 16 claims as the state public defender has with regard to claims 17 submitted under chapters 13B and 815 , including the authority 18 to adopt rules concerning the review and payment of claims 19 submitted. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to payments from the indigent defense fund 24 by the state public defender. 25 The bill strikes the current provisions for judicial review 26 of an indigent fee claim in Code section 13B.4(4)(d) and 27 replaces this provision with new Code section 13B.4A. Under 28 the bill, an indigent defense claimant may seek judicial review 29 of the final agency action of the state public defender denying 30 or reducing an indigent defense claim by filing a motion 31 for judicial review in the court with jurisdiction over the 32 original court appointment. 33 The bill requires the motion to be filed within 30 days of 34 the date that the state public defender provides notice of the 35 -5- LSB 5287HV (2) 85 jm/rj 5/ 8

H.F. 2326 final agency action to the claimant. The bill also requires 1 the motion to clearly and concisely set forth the grounds 2 for error the claimant intends to rely upon when challenging 3 the final agency action of the state public defender. Under 4 the bill, failure to seek judicial review within 30 days of 5 the notice provided by the state public defender precludes 6 any judicial review of the action taken by the state public 7 defender. 8 The bill requires the motion to be set for a hearing and that 9 the state public defender be provided at least 10 days’ notice 10 of the hearing. The bill does not require the state public 11 defender to file a resistance to the motion. The claimant or 12 state public defender may appear at the hearing by telephone, 13 however, if the state public defender appears by telephone, the 14 state public defender shall be responsible for initiating and 15 paying all telephone charges incurred during the hearing. 16 The bill specifies that if the state public defender is not 17 first notified and given an opportunity to be heard on a motion 18 to review a claim for payment, any court order entered after 19 the state public defender has taken action on the claim, which 20 affects the claim, is void. 21 The bill requires the claimant to prove by a preponderance 22 of the evidence that the final agency action of the state 23 public defender violated the constitutions of the United States 24 or the State of Iowa, a statute, or an administrative rule, 25 or that the final agency action was unreasonable, arbitrary, 26 capricious, or an abuse of discretion. 27 The bill specifies that the state public defender’s 28 interpretation of a statute is binding on the court unless 29 the interpretation is irrational, illogical, or a wholly 30 unjustifiable interpretation of the law. 31 Under the bill, if the state public defender provides an 32 administrative procedure for review of an action on a claim, 33 the court, during judicial review, shall not consider any 34 grounds for error unless raised with the state public defender 35 -6- LSB 5287HV (2) 85 jm/rj 6/ 8

H.F. 2326 prior to the final agency action, and the court is prohibited 1 from admitting new evidence that was not previously presented 2 to the state public defender. 3 The bill also allows the state public defender to provide 4 indigent defense claims and supporting documents relating to 5 confidential juvenile records to the auditor of state, the 6 Iowa supreme court attorney disciplinary board, or grievance 7 commission, or to other state or local agencies for the purpose 8 of investigating fraud or criminal activity. Current law 9 allows the release of indigent defense claims and supporting 10 documents for the purpose of investigating fraud or criminal 11 activity but does not specifically allow for the release of 12 confidential juvenile records for the purpose of investigating 13 fraud or other criminal activity. 14 The bill makes it a serious misdemeanor for a person to 15 knowingly disclose confidential juvenile information relating 16 to an indigent defense claim except as provided in Code section 17 13B.4B(2)(c). Current law allows disclosure of confidential 18 juvenile information under Code sections 232.147 through 19 232.150. 20 The bill specifies that a parent shall have the right to 21 court appointed counsel in a termination of parental rights 22 case under Code chapter 600A if the parent is indigent. 23 Current law specifies that the parent is entitled to court 24 appointed counsel if indigent, and if the court determines 25 the person lacks the skills necessary to present the person’s 26 version of the facts, and that the person has a plausible 27 defense to the termination. 28 The bill provides that a child-placing agency licensed under 29 Code chapter 238 may file a petition to terminate parental 30 rights under Code chapter 600A. Current law specifies a 31 child-placing agency as defined in Code section 238.1 may file 32 such a petition. 33 The bill specifies that if a person filing a petition 34 to terminate parental rights under Code chapter 600A is a 35 -7- LSB 5287HV (2) 85 jm/rj 7/ 8

H.F. 2326 child-placing agency licensed under Code chapter 238 or if the 1 person filing the petition is indigent, the prospective parent 2 on whose behalf the petition is filed shall be responsible for 3 the payment of reasonable attorney fees in the case, unless the 4 court determines the prospective parent on whose behalf the 5 petition is filed is indigent. 6 If a prospective parent on whose behalf a petition is filed 7 is indigent, and if the person filing the petition is indigent 8 or a child-placing agency licensed under Code chapter 238 9 files the petition, the bill requires the appointed attorney 10 in the case to be paid reasonable attorney fees as determined 11 by the state public defender from the indigent defense fund 12 established in Code section 815.11. 13 -8- LSB 5287HV (2) 85 jm/rj 8/ 8