House File 124 - Introduced HOUSE FILE 124 BY SHIPLEY A BILL FOR An Act relating to expenses incurred in relation to certain 1 legal matters concerning a child under the jurisdiction of 2 the juvenile court. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1590YH (2) 90 dg/rh
H.F. 124 Section 1. Section 232.29, subsection 4, Code 2023, is 1 amended to read as follows: 2 4. An informal adjustment agreement regarding a child who 3 has been placed in detention under section 232.22, subsection 4 1 , paragraph “g” , may include a provision that the child 5 voluntarily participate in a batterers’ treatment program under 6 section 708.2B . A district department, as defined in section 7 708.2B, shall not assess fees for participation in a batterers’ 8 treatment program against a child’s parent, guardian, or 9 custodian if the child voluntarily participates in such a 10 program pursuant to this subsection. 11 Sec. 2. Section 232.141, subsection 1, Code 2023, is amended 12 to read as follows: 13 1. Except as otherwise provided by law, the court shall 14 inquire into the ability of the child or the child’s parent 15 to pay expenses incurred pursuant to subsections 2, 4, and 16 8 . After giving the parent a reasonable opportunity to be 17 heard, the Juvenile court expenses shall be a charge upon the 18 county in which the proceedings are held, and a court may shall 19 not order the a parent to pay all or part of the costs of the 20 a child’s care, examination, treatment, legal expenses, or 21 other expenses. An order entered under this section does not 22 obligate a parent paying child support under a custody decree, 23 except that part of the monthly support payment may be used to 24 satisfy the obligations imposed by the order entered pursuant 25 to this section . If a parent fails to pay as ordered, without 26 good reason, the court may proceed against the parent for 27 contempt and may inform the county attorney who shall proceed 28 against the parent to collect the unpaid amount. Any payment 29 ordered by the court shall be a judgment against each of the 30 child’s parents and a lien as provided in section 624.23 . If 31 all or part of the amount that the parents are ordered to pay is 32 subsequently paid by the county or state, the judgment and lien 33 shall thereafter be against each of the parents in favor of the 34 county to the extent of the county’s payments and in favor of 35 -1- LSB 1590YH (2) 90 dg/rh 1/ 2
H.F. 124 the state to the extent of the state’s payments. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to expenses incurred in relation to 5 certain legal matters concerning a child under the jurisdiction 6 of the juvenile court. 7 The bill prohibits a court from assessing fees for 8 participation in a batterers’ treatment program against 9 a child’s parent, guardian, or custodian if that child 10 voluntarily participates in a batterers’ treatment program 11 pursuant to the disposition of a complaint against a child who 12 enters into an informal adjustment for a delinquent act which 13 would constitute domestic or sexual abuse or domestic abuse 14 assault if committed by an adult. 15 The bill makes a county responsible for juvenile court 16 expenses relating to a child if the juvenile court proceedings 17 took place in that county and prohibits a court from ordering 18 a parent to pay all or part of the costs of the care, 19 examination, treatment, legal expenses, or other expenses for a 20 child subject to juvenile court proceedings. 21 -2- LSB 1590YH (2) 90 dg/rh 2/ 2