House File 743 - Introduced HOUSE FILE 743 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 589) A BILL FOR An Act providing for representation of adoptive parents by 1 local public defenders. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2637HV (1) 89 pf/rh
H.F. 743 Section 1. Section 13B.9, subsection 1, paragraph b, Code 1 2021, is amended to read as follows: 2 b. Represent an indigent party, upon order of the court, 3 in child in need of assistance, family in need of assistance, 4 delinquency, and termination of parental rights proceedings 5 pursuant to chapter 232 when designated by the state public 6 defender to represent the indigent party in the type of case 7 for that county. The local public defender shall counsel and 8 represent an indigent party in all proceedings pursuant to 9 chapter 232 to which the local public defender is appointed 10 and prosecute before or after judgment any appeals or other 11 remedies which the local public defender considers to be in 12 the interest of justice unless other counsel is appointed to 13 the case. A local public defender office shall represent in 14 a subsequent adoption proceeding an indigent party who files 15 an adoption petition pursuant to section 600.3 to adopt a 16 child who was the subject of a termination of parental rights 17 proceeding pursuant to chapter 232 in which the local public 18 defender office was involved as provided under this paragraph. 19 If a conflict of interest arises, the representation shall be 20 provided through referral of the indigent party to outside 21 counsel with whom the state public defender has contracted, 22 subject to the fees for legal services incorporated in the 23 contract. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill provides for the representation of certain 28 indigent parties in adoption proceedings. 29 Under current law, a local public defender office shall 30 represent an indigent party, upon order of the court, in 31 child in need of assistance, family in need of assistance, 32 delinquency, and termination of parental rights proceedings 33 pursuant to Code chapter 232 (juvenile justice) when designated 34 by the state public defender to represent the indigent party 35 -1- LSB 2637HV (1) 89 pf/rh 1/ 2
H.F. 743 in the type of case for that county. The bill requires, 1 additionally, that a local public defender office shall 2 represent in a subsequent adoption proceeding an indigent 3 party who files an adoption petition to adopt a child who was 4 the subject of a termination of parental rights proceeding 5 pursuant to Code chapter 232 in which the local public defender 6 office was involved. If a conflict of interest arises, the 7 representation shall be provided through referral of the 8 indigent party to outside counsel with whom the state public 9 defender has contracted, subject to the fees for legal services 10 incorporated in the contract. 11 -2- LSB 2637HV (1) 89 pf/rh 2/ 2