HF 2459 (LSB 5549HV (1) 90)

HOUSE FILE 2459

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 2095)

A BILL FOR

An Act relating to representation by a local public defender of certain parties to an adoption.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 13B.9, subsection 1, Code 2024, is amended to read as follows:
   1.  The local public defender shall do all of the following:
   a.  Represent an indigent person who is under arrest or charged with a crime if the indigent person requests representation or the court orders representation when the type of case, the county, and the court have been designated for such representation by the state public defender. The local public defender shall counsel and defend an indigent defendant at every stage of the criminal proceedings and prosecute before or after conviction any appeals or other remedies which the local public defender considers to be in the interest of justice unless other counsel is appointed to the case.
   b.  (1)  Represent an indigent party, upon order of the court, in child in need of assistance, family in need of assistance, delinquency, and termination of parental rights proceedings pursuant to chapter 232 when designated by the state public defender to represent the indigent party in the type of case for that county. The local public defender shall counsel and represent an indigent party in all proceedings pursuant to chapter 232 to which the local public defender is appointed and prosecute before or after judgment any appeals or other remedies which the local public defender considers to be in the interest of justice unless other counsel is appointed to the case.
   (2)  A local public defender office or designee shall represent in a subsequent adoption proceeding a party including a nonindigent party who files an adoption petition pursuant to section 600.3 to adopt a child who was the subject of a termination of parental rights proceeding pursuant to chapter 232 in which the local public defender office was involved as provided under this paragraph. If a conflict of interest arises, the representation shall be provided through referral of the party to outside counsel with whom the state public defender has contracted, subject to the fees for legal services incorporated in the contract.
   (3)  A local public defender office or designee shall represent a party in an adoption proceeding, if requested by the party, including a nonindigent party whose family income does not exceed three hundred percent of the federal poverty level as defined by the most recently revised poverty income guidelines published by the United States department of health and human services, who files an adoption petition pursuant to section 600.3 to adopt a child who was the subject of a termination of parental rights proceeding pursuant to chapter 600A, whether or not the local public defender office was involved in the termination of parental rights proceeding. If a conflict of interest arises, the representation shall be provided through referral of the party to outside counsel with whom the state public defender has contracted, subject to the fees for legal services incorporated in the contract.
   c.  (1)  Serve as guardian ad litem for each child in all cases in which the local public defender office is the state public defender’s designee. The local public defender shall be responsible for determining who shall perform the duties of the guardian ad litem as defined in section 232.2 and shall be responsible for assuring the court that the duties of the guardian ad litem have been fulfilled.
   (2)  A local public defender office or designee shall serve as guardian ad litem for each child in a subsequent adoption proceeding pursuant to section 600.3 to adopt a child who was the subject of a termination of parental rights proceeding pursuant to chapter 232 in which the local public defender office was involved as provided under this paragraph “b”, subparagraph (2), or for a child in a subsequent adoption proceeding pursuant to section 600.3 to adopt a child who was the subject of a termination of parental rights proceeding pursuant to chapter 600A, as provided under paragraph “b”, subparagraph (3).
   (3)  If a conflict of interest arises, the guardian ad litem for the child shall be provided through retention of outside counsel with whom the state public defender has contracted, subject to the fees for guardian ad litem services incorporated in the contract.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current Code section 13B.9(1)(b), a local public defender or designee shall represent in a subsequent adoption proceeding a party, including a nonindigent party, who files an adoption petition to adopt a child who was the subject of a termination of parental rights proceeding pursuant to Code chapter 232 (juvenile justice) in which the local public defender office was involved.
   This bill provides that a local public defender office or designee shall represent a party in an adoption proceeding, if requested by the party, including a nonindigent party whose family income does not exceed 300 percent of the federal poverty level, who files an adoption petition to adopt a child who was the subject of a termination of parental rights proceeding pursuant to Code chapter 600A (termination of parent rights), whether or not the local public defender office was involved in the termination of parental rights proceeding.
   Under current Code section 13B.9(1)(c), the local public defender office or designee shall serve as guardian ad litem for each child in a subsequent adoption proceeding to adopt a child who was the subject of a termination of parental rights proceeding pursuant to Code chapter 232 in which the local public defender office was involved. The bill provides that in addition, the local public defender office or designee shall serve as guardian ad litem for a child in a subsequent adoption proceeding who was the subject of a termination of parental rights proceeding pursuant to Code chapter 600A, if the adopting party meets the income threshold and requests representation by the local public defender office or designee in the adoption proceeding.