S.F. _____ H.F. _____ Section 1. Section 600A.2, subsection 12, Code 2024, is 1 amended to read as follows: 2 12. a. “Indigent” means a any of the following: 3 (1) A person has an income level at or below one hundred 4 twenty-five percent of the United States poverty level as 5 defined by the most recently revised poverty income guidelines 6 published by the United States department of health and human 7 services , unless the court determines that the person is able 8 to pay for the cost of an attorney in the pending case . 9 (2) A person has an income level greater than one hundred 10 twenty-five percent but at or below two hundred percent of the 11 United States poverty level as defined by the most recently 12 revised poverty income guidelines published by the United 13 States department of health and human services, and the court 14 makes a written finding that not appointing an attorney would 15 create a substantial hardship. 16 b. In making the determination of a person’s ability to pay 17 for the cost of an attorney or a guardian ad litem , the court 18 shall consider the person’s income and the availability of any 19 assets subject to execution, including but not limited to cash, 20 stocks, bonds, and any other property which may be applied to 21 the satisfaction of judgments, and the nature and complexity 22 of the case. 23 Sec. 2. Section 600A.5, subsection 3, Code 2024, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . f. An affidavit of financial status of 26 the petitioner. The affidavit of financial status shall be 27 signed under penalty of perjury and shall contain sufficient 28 information to determine whether the petitioner is indigent. 29 Sec. 3. NEW SECTION . 600A.11 Payment of services of 30 guardian ad litem. 31 1. A person filing a petition for termination of parental 32 rights under this chapter shall be responsible for the payment 33 of reasonable fees for services provided by a guardian ad litem 34 appointed pursuant to section 600A.6 in juvenile court or in 35 -1- LSB 5355XD (6) 90 pf/jh 1/ 5

S.F. _____ H.F. _____ an appellate proceeding initiated by the person filing the 1 petition unless the person filing the petition is a private 2 child-placing agency licensed under chapter 238 or the court 3 determines that the person filing the petition is indigent. 4 2. If the person filing the petition is a private 5 child-placing agency licensed under chapter 238 or if the 6 person filing the petition is indigent, the prospective parent 7 on whose behalf the petition is filed shall be responsible 8 for the payment of reasonable fees for services provided in 9 juvenile court or an appellate proceeding for a guardian ad 10 litem appointed pursuant to section 600A.6 unless the court 11 determines that the prospective parent on whose behalf the 12 petition is filed is indigent. 13 3. If the prospective parent on whose behalf the petition 14 is filed is indigent, and if the person filing the petition 15 is indigent or a private child-placing agency licensed under 16 chapter 238, the appointed guardian ad litem shall be paid 17 reasonable fees as determined by the state public defender from 18 the indigent defense fund established in section 815.11. 19 4. The state public defender shall review all the claims 20 submitted under subsection 2 or 3 and shall have the same 21 authority with regard to the payment of these claims as the 22 state public defender has with regard to claims submitted under 23 chapters 13B and 815, including the authority to adopt rules 24 concerning the review and payment of claims submitted. 25 Sec. 4. Section 815.11, subsection 1, Code 2024, is amended 26 to read as follows: 27 1. Costs incurred for legal representation by a 28 court-appointed attorney under chapter 229A , 665 , 822 , or 908 , 29 or section 232.141, subsection 3 , paragraph “d” , or section 30 598.23A , 600A.6B , 814.9 , 814.10 , 814.11 , 815.4 , 815.7 , or 31 815.10 , or for payment of the services of a court-appointed 32 guardian ad litem under section 600A.11, subsection 3, on 33 behalf of an indigent shall be paid from moneys appropriated 34 by the general assembly to the office of the state public 35 -2- LSB 5355XD (6) 90 pf/jh 2/ 5

S.F. _____ H.F. _____ defender in the department of inspections, appeals, and 1 licensing and deposited in an account to be known as the 2 indigent defense fund, except as provided in subsection 2 . 3 Costs incurred representing an indigent defendant in a contempt 4 action, representing an indigent juvenile in a juvenile court 5 proceeding, or representing a person pursuant to section 13B.13 6 are also payable from the fund. However, costs incurred in any 7 administrative proceeding or in any other proceeding under this 8 chapter or chapter 598 , 600 , 600A , 633 , 633A , 814 , or 915 or 9 other provisions of the Code or administrative rules are not 10 payable from the fund. 11 Sec. 5. CODE EDITOR DIRECTIVES. 12 1. The Code editor is directed to transfer section 600A.6C, 13 Code 2024, to section 600A.6D. 14 2. The Code editor is directed to transfer section 600A.11, 15 as enacted in this Act, to section 600A.6C. 16 3. The Code editor shall correct internal references in the 17 Code and in any enacted legislation as necessary due to the 18 enactment of this section. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to the responsibility for payment of fees 23 relating to termination of parental rights (TPR) proceedings. 24 The bill redefines “indigent” for the purposes of 25 determining whether a person is financially able to pay for the 26 cost of an attorney or a guardian ad litem in TPR proceedings. 27 Under Code section 600A.2, “indigent” means a person who has 28 an income level at or below 100 percent of the federal poverty 29 level, unless the court determines the person is able to pay 30 for the cost of the attorney. Under the bill, “indigent” is 31 defined as a person who has an income level at or below 125 32 percent of the federal poverty level; or a person who has an 33 income level greater than 125 percent but at or below 200 34 percent of the federal poverty level, and the court makes a 35 -3- LSB 5355XD (6) 90 pf/jh 3/ 5

S.F. _____ H.F. _____ written finding that not appointing an attorney would create a 1 substantial hardship. The bill also makes a conforming change 2 in the definition of “indigent” to apply the standard for the 3 court determining a person’s ability to pay the cost of an 4 attorney to also apply to determining a person’s ability to pay 5 the costs of a guardian ad litem. 6 The bill requires that a petition for TPR shall include an 7 affidavit of financial status of the petitioner. The affidavit 8 of financial status shall be signed under penalty of perjury 9 and contain sufficient information to determine whether the 10 petitioner is indigent. 11 The bill provides for payment of services of a guardian ad 12 litem in a TPR proceeding who is appointed for a minor child 13 if the child does not have a guardian or if the interests 14 of the guardian conflict with the interests of the child. 15 Under the bill, a person filing a petition for TPR shall be 16 responsible for the payment of reasonable fees for services 17 provided by an appointed guardian ad litem in juvenile court or 18 in an appellate proceeding initiated by the person filing the 19 petition unless the person filing the petition is a licensed 20 private child-placing agency or the court determines that the 21 person filing the petition is indigent. If the person filing 22 the petition is a licensed private child-placing agency or 23 is indigent, the prospective parent shall be responsible for 24 the payment of reasonable fees for services provided by an 25 appointed guardian ad litem in juvenile court or an appellate 26 proceeding unless the court determines that the prospective 27 parent on whose behalf the petition is filed is indigent. If 28 the prospective parent is indigent, and if the person filing 29 the petition is indigent or a private child-placing agency, 30 the appointed guardian ad litem shall be paid reasonable fees 31 as determined by the state public defender from the indigent 32 defense fund. The bill requires the state public defender to 33 review all claims submitted for payment of the guardian ad 34 litem fees and authorizes the state public defender to act 35 -4- LSB 5355XD (6) 90 pf/jh 4/ 5

S.F. _____ H.F. _____ on the claims as otherwise authorized under Code chapter 13B 1 (public defenders) and Code chapter 815 (costs-compensation and 2 fees-indigent defense). 3 The bill makes a conforming change in Code section 815.11 4 (appropriations for indigent defense —— fund created) to 5 include authorization to utilize the moneys in the fund to pay 6 for the services of a court-appointed guardian ad litem for 7 TPR proceedings as provided under the bill on behalf of an 8 indigent. 9 The bill provides Code editor directives to allow the new 10 Code section under the bill relating to payment of services of 11 appointed guardians ad litem for TPR proceedings to be located 12 next to the Code section relating to payment of attorney fees 13 for TPR proceedings and to make other conforming changes. 14 -5- LSB 5355XD (6) 90 pf/jh 5/ 5