SF 2018 (LSB 5549SS (5) 88)

SENATE FILE 2018

BY  WHITING

A BILL FOR

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

    Section 1.  Section 600A.6A, subsection 2, Code 2020, is amended to read as follows:
   2.  a.  If The parent against whom the petition is filed shall be responsible for the payment of reasonable attorney fees for the services provided by counsel in connection with all subsequent hearings and proceedings, if the person filing the petition for termination of parental rights under this chapter prevails. If the person filing the petition for termination of parental rights does not prevail, the person filing the petition shall be responsible for payment of the reasonable attorney fees. 
   b.  Notwithstanding paragraph “a”, if the parent against whom the petition is filed desires but is financially unable to employ counsel, the court shall appoint counsel for the person if the person requests appointment of counsel and the court determines that the person is indigent.  If counsel is appointed under this paragraph “b”, payment of attorney fees shall be in accordance with section 600A.6B.
    Sec. 2.  Section 600A.6B, Code 2020, is amended to read as follows:
   600A.6B  Payment of attorney fees for appointed counsel.
   1.  A If a person filing against whom a petition for termination of parental rights is filed under this chapter requests appointment of counsel pursuant to section 600A.6A, the person filing the petition shall be responsible for the payment of reasonable attorney fees for services provided by counsel appointed pursuant to section 600A.6A in juvenile court or in an appellate proceeding initiated by the person filing the petition, unless the person filing the petition is a private child-placing agency licensed under chapter 238 or the court determines that the person filing the petition is indigent.
   2.  If the person filing the petition is a private child-placing agency licensed under chapter 238 or if the person filing the petition is indigent, the prospective parent on whose behalf the petition is filed shall be responsible for the payment of reasonable attorney fees for services provided in juvenile court or an appellate proceeding for counsel appointed pursuant to section 600A.6A, unless the court determines that the prospective parent on whose behalf the petition is filed is indigent.
   3.  If the person filing the petition is a private child-placing agency licensed under chapter 238 or if the person filing the petition is indigent, and the prospective parent on whose behalf the petition is filed is indigent, and if the person filing the petition is indigent or a private child-placing agency licensed under chapter 238, the appointed counsel shall be paid reasonable attorney fees as determined by the state public defender from the indigent defense fund established in section 815.11.
   4.  If the parent against whom the petition is filed appeals a termination order under section 600A.9, subsection 1, paragraph “b”, the person who filed the petition or the person on whose behalf the petition is filed shall not be responsible for the payment of attorney fees for services provided by counsel appointed pursuant to section 600A.6A in the appellate proceeding. Instead, the appointed attorney shall be paid reasonable attorney fees as determined by the state public defender from the indigent defense fund established pursuant to section 815.11.
   5.  The state public defender shall review all the claims submitted under subsection 3 or 4 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
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the payment of attorney fees associated with termination of parental rights proceedings.
   Current law addresses payment of attorney fees when the person against whom the petition is filed is indigent, and when another party to the action is either exempt from paying reasonable attorney fees or is also indigent. 
   The bill provides for the circumstance under which the parent against whom the petition for termination of parental rights is filed is financially able to employ counsel. Under these circumstances, the person against whom the petition is filed is responsible for the payment of reasonable attorney fees for the services provided by the person’s counsel in connection with all subsequent hearings and proceedings, if the person filing the petition for termination of parental rights prevails. However, if the person filing the petition for termination of parental rights does not prevail, the person filing the petition shall be responsible for payment of the reasonable attorney fees for the person against whom the petition was filed.
   The bill retains current law to provide that if the parent against whom the petition is filed desires but is financially unable to employ counsel, the court shall appoint counsel for the person if the person requests appointment of counsel and the court determines that the person is indigent. If counsel is appointed under these circumstances, then payment of attorney fees shall be in accordance with current law that provides for payment of associated attorney fees depending upon whether another specific party is also determined to be indigent.
   The bill retains current law to provide that if counsel is appointed for the person against whom a petition for termination of parental rights is filed, the person filing the petition shall be responsible for the payment of reasonable attorney fees for services provided by the appointed counsel, unless the person filing the petition is a private child-placing agency licensed under Code chapter 238 or the court determines that the person filing the petition is indigent.
   If the person filing the petition is a private child-placing agency licensed under Code chapter 238 or if the person filing the petition is indigent, then the prospective parent on whose behalf the petition is filed shall be responsible for the payment of reasonable attorney fees for the appointed counsel, unless the court determines that the prospective parent on whose behalf the petition is filed is also indigent.
   If the person filing the petition is a private child-placing agency licensed under Code chapter 238 or is a person who is indigent, and the prospective parent is also indigent, the appointed counsel shall be paid reasonable attorney fees as determined by the state public defender from the indigent defense fund.