House File 471 - Introduced HOUSE FILE 471 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 104) A BILL FOR An Act relating to the payment of reasonable attorney fees 1 in juvenile court or appellate proceedings relating to a 2 termination of parental rights petition. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1951HV (2) 85 pf/nh

H.F. 471 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 services provided by counsel 7 appointed pursuant to section 600A.6A in juvenile court or in 8 an appellate proceeding initiated by the person filing the 9 petition unless the person filing the petition is a private 10 child-placing agency as defined in section 238.1 or unless the 11 court determines that the person filing the petition or the 12 person on whose behalf the petition is filed is indigent. 13 2. If the person filing the petition is a private 14 child-placing agency as defined in section 238.1 or if the 15 person filing the petition or the person on whose behalf the 16 petition is filed is indigent, the appointed attorney shall be 17 paid reasonable attorney fees for services provided in juvenile 18 court or an appellate proceeding as determined by the state 19 public defender. 20 3. If the parent against whom the petition is filed appeals 21 a termination order under section 600A.9, subsection 1, 22 paragraph “b” , the person who filed the petition or the person 23 on whose behalf the petition is filed shall not be responsible 24 for the payment of attorney fees for services provided by 25 counsel appointed pursuant to section 600A.6A in the appellate 26 proceeding. Instead, the appointed attorney shall be paid 27 reasonable attorney fees as determined by the state public 28 defender from the indigent defense fund established pursuant 29 to section 815.11. 30 3. 4. The state public defender shall review all the claims 31 submitted under this section and shall have the same authority 32 with regard to the payment of these claims as the state public 33 defender has with regard to claims submitted under chapters 13B 34 and 815 , including the authority to adopt rules concerning the 35 -1- LSB 1951HV (2) 85 pf/nh 1/ 3

H.F. 471 review and payment of claims submitted. 1 EXPLANATION 2 Under current law, in a termination of parental rights 3 proceeding, the person against whom the petition is filed has 4 the right to counsel in connection with all subsequent hearings 5 and proceedings. If that parent desires but is financially 6 unable to employ counsel, the court will appoint counsel if the 7 person requests appointment of counsel, the person is indigent, 8 and the court determines the person will have difficulty 9 presenting the person’s version of the facts in dispute and 10 has a colorable defense to the termination of parental rights. 11 Under current law, unless the person filing the petition for 12 termination of parental rights or the person on whose behalf 13 the petition is filed is a child-placing agency or is indigent, 14 such person is responsible for payment of reasonable attorney 15 fees for appointed counsel. 16 This bill specifies that a person filing a petition for 17 termination of parental rights or the person on whose behalf 18 the petition is filed, shall be responsible for the payment 19 of reasonable attorney fees specifically for the services 20 provided by appointed counsel in a juvenile court or appellate 21 proceeding initiated by the person filing the petition, unless 22 the person filing the petition is a private child placing 23 agency or is indigent. The bill also specifies that in the 24 case of a child placing agency or a person who is indigent, 25 the appointed attorney shall be paid reasonable attorney 26 fees specifically for services provided in juvenile court or 27 appellate proceedings. The bill also specifies an exception 28 to payment of attorney fees for appointed counsel by a person 29 filing or on whose behalf the petition is filed. The bill 30 provides that if a termination of parental rights order is 31 granted, and a parent against whom the petition is filed 32 appeals, the person who filed the petition or the person on 33 whose behalf the petition is filed shall not be responsible for 34 the payment of attorney fees for services provided by appointed 35 -2- LSB 1951HV (2) 85 pf/nh 2/ 3

H.F. 471 counsel in the appellate proceeding, but instead the appointed 1 attorney is to be paid reasonable attorney fees as determined 2 by the state public defender from the indigent defense fund. 3 -3- LSB 1951HV (2) 85 pf/nh 3/ 3