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