S.F. 2018 Section 1. Section 600A.6A, subsection 2, Code 2020, is 1 amended to read as follows: 2 2. a. If The parent against whom the petition is filed 3 shall be responsible for the payment of reasonable attorney 4 fees for the services provided by counsel in connection with 5 all subsequent hearings and proceedings, if the person filing 6 the petition for termination of parental rights under this 7 chapter prevails. If the person filing the petition for 8 termination of parental rights does not prevail, the person 9 filing the petition shall be responsible for payment of the 10 reasonable attorney fees. 11 b. Notwithstanding paragraph “a” , if the parent against 12 whom the petition is filed desires but is financially unable 13 to employ counsel, the court shall appoint counsel for the 14 person if the person requests appointment of counsel and the 15 court determines that the person is indigent. If counsel is 16 appointed under this paragraph “b” , payment of attorney fees 17 shall be in accordance with section 600A.6B. 18 Sec. 2. Section 600A.6B, Code 2020, is amended to read as 19 follows: 20 600A.6B Payment of attorney fees for appointed counsel . 21 1. A If a person filing against whom a petition for 22 termination of parental rights is filed under this chapter 23 requests appointment of counsel pursuant to section 600A.6A, 24 the person filing the petition shall be responsible for the 25 payment of reasonable attorney fees for services provided by 26 counsel appointed pursuant to section 600A.6A in juvenile 27 court or in an appellate proceeding initiated by the person 28 filing the petition , unless the person filing the petition is 29 a private child-placing agency licensed under chapter 238 or 30 the court determines that the person filing the petition is 31 indigent. 32 2. If the person filing the petition is a private 33 child-placing agency licensed under chapter 238 or if the 34 person filing the petition is indigent, the prospective parent 35 -1- LSB 5549SS (5) 88 pf/jh 1/ 4

S.F. 2018 on whose behalf the petition is filed shall be responsible 1 for the payment of reasonable attorney fees for services 2 provided in juvenile court or an appellate proceeding for 3 counsel appointed pursuant to section 600A.6A , unless the court 4 determines that the prospective parent on whose behalf the 5 petition is filed is indigent. 6 3. If the person filing the petition is a private 7 child-placing agency licensed under chapter 238 or if the 8 person filing the petition is indigent, and the prospective 9 parent on whose behalf the petition is filed is indigent, and 10 if the person filing the petition is indigent or a private 11 child-placing agency licensed under chapter 238 , the appointed 12 counsel shall be paid reasonable attorney fees as determined 13 by the state public defender from the indigent defense fund 14 established in section 815.11 . 15 4. If the parent against whom the petition is filed appeals 16 a termination order under section 600A.9, subsection 1 , 17 paragraph “b” , the person who filed the petition or the person 18 on whose behalf the petition is filed shall not be responsible 19 for the payment of attorney fees for services provided by 20 counsel appointed pursuant to section 600A.6A in the appellate 21 proceeding. Instead, the appointed attorney shall be paid 22 reasonable attorney fees as determined by the state public 23 defender from the indigent defense fund established pursuant 24 to section 815.11 . 25 5. The state public defender shall review all the claims 26 submitted under subsection 3 or 4 and shall have the same 27 authority with regard to the payment of these claims as the 28 state public defender has with regard to claims submitted under 29 chapters 13B and 815 , including the authority to adopt rules 30 concerning the review and payment of claims submitted. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to the payment of attorney fees associated 35 -2- LSB 5549SS (5) 88 pf/jh 2/ 4

S.F. 2018 with termination of parental rights proceedings. 1 Current law addresses payment of attorney fees when the 2 person against whom the petition is filed is indigent, and 3 when another party to the action is either exempt from paying 4 reasonable attorney fees or is also indigent. 5 The bill provides for the circumstance under which the 6 parent against whom the petition for termination of parental 7 rights is filed is financially able to employ counsel. Under 8 these circumstances, the person against whom the petition is 9 filed is responsible for the payment of reasonable attorney 10 fees for the services provided by the person’s counsel in 11 connection with all subsequent hearings and proceedings, if 12 the person filing the petition for termination of parental 13 rights prevails. However, if the person filing the petition 14 for termination of parental rights does not prevail, the 15 person filing the petition shall be responsible for payment of 16 the reasonable attorney fees for the person against whom the 17 petition was filed. 18 The bill retains current law to provide that if the parent 19 against whom the petition is filed desires but is financially 20 unable to employ counsel, the court shall appoint counsel 21 for the person if the person requests appointment of counsel 22 and the court determines that the person is indigent. If 23 counsel is appointed under these circumstances, then payment 24 of attorney fees shall be in accordance with current law that 25 provides for payment of associated attorney fees depending 26 upon whether another specific party is also determined to be 27 indigent. 28 The bill retains current law to provide that if counsel 29 is appointed for the person against whom a petition for 30 termination of parental rights is filed, the person filing the 31 petition shall be responsible for the payment of reasonable 32 attorney fees for services provided by the appointed 33 counsel, unless the person filing the petition is a private 34 child-placing agency licensed under Code chapter 238 or 35 -3- LSB 5549SS (5) 88 pf/jh 3/ 4

S.F. 2018 the court determines that the person filing the petition is 1 indigent. 2 If the person filing the petition is a private child-placing 3 agency licensed under Code chapter 238 or if the person filing 4 the petition is indigent, then the prospective parent on whose 5 behalf the petition is filed shall be responsible for the 6 payment of reasonable attorney fees for the appointed counsel, 7 unless the court determines that the prospective parent on 8 whose behalf the petition is filed is also indigent. 9 If the person filing the petition is a private child-placing 10 agency licensed under Code chapter 238 or is a person who is 11 indigent, and the prospective parent is also indigent, the 12 appointed counsel shall be paid reasonable attorney fees as 13 determined by the state public defender from the indigent 14 defense fund. 15 -4- LSB 5549SS (5) 88 pf/jh 4/ 4