House File 2447 - Introduced HOUSE FILE 2447 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 612) A BILL FOR An Act relating to the state public defender pilot project and 1 legal representation in child welfare cases. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5376HV (1) 88 hf/rh

H.F. 2447 Section 1. NEW SECTION . 13B.13 State public defender pilot 1 project —— child welfare legal representation. 2 Notwithstanding any other provision of the law to the 3 contrary, for each fiscal year for the period beginning July 4 1, 2020, and ending June 30, 2024, the state public defender 5 may establish a pilot project to implement innovative models 6 of legal representation in order to assist families involved 7 in the child welfare system. The state public defender shall 8 have sole discretion to establish and implement the pilot 9 project. The state public defender may implement the new 10 pilot project in up to six counties throughout the state. 11 The purpose of the pilot project is to implement and study 12 innovative ways, through a team approach or through other 13 methods, to achieve positive outcomes for families, reduce 14 trauma to young children, and deliver financial benefits to 15 families and their communities. The state public defender 16 may coordinate with other agencies and organizations to 17 implement the pilot project, seek grant funding, and measure 18 the results. The state public defender may appoint an attorney 19 to represent an indigent person prior to initiation of formal 20 proceedings, without court order, if such representation is 21 deemed appropriate by the state public defender and relates to 22 the purposes of the pilot project. 23 Sec. 2. Section 815.11, Code 2020, is amended to read as 24 follows: 25 815.11 Appropriations for indigent defense —— fund created. 26 Costs incurred for legal representation by a court-appointed 27 attorney under chapter 229A , 665 , 822 , or 908 , or section 28 232.141, subsection 3 , paragraph “d” , or section 598.23A , 29 600A.6B , 814.9 , 814.10 , 814.11 , 815.4 , 815.7 , or 815.10 on 30 behalf of an indigent shall be paid from moneys appropriated by 31 the general assembly to the office of the state public defender 32 in the department of inspections and appeals and deposited in 33 an account to be known as the indigent defense fund. Costs 34 incurred representing an indigent defendant in a contempt 35 -1- LSB 5376HV (1) 88 hf/rh 1/ 2

H.F. 2447 action, or representing an indigent juvenile in a juvenile 1 court proceeding, or representing a person pursuant to section 2 13B.13 are also payable from the fund. However, costs incurred 3 in any administrative proceeding or in any other proceeding 4 under this chapter or chapter 598 , 600 , 600A , 633 , 633A , 814 , 5 or 915 or other provisions of the Code or administrative rules 6 are not payable from the fund. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill permits the state public defender to establish a 11 pilot project beginning July 1, 2020, and ending June 30, 2024, 12 to implement innovative models of parental and child legal 13 representation in order to assist families involved in the 14 child welfare system. The bill specifies that the state public 15 defender shall have sole discretion to establish the pilot 16 project in no more than six counties throughout the state. The 17 bill allows the state public defender to coordinate with other 18 agencies and organizations in order to implement the pilot 19 project, seek grant funding, and measure the results. The bill 20 also allows the state public defender to appoint an attorney 21 to represent an indigent person prior to initiation of formal 22 proceedings, without court order, if such representation is 23 deemed appropriate by the state public defender and relates to 24 the purposes of the pilot project. The bill allows attorneys 25 appointed through the pilot project to be paid from the 26 indigent defense fund. 27 -2- LSB 5376HV (1) 88 hf/rh 2/ 2