HSB 527 (LSB 5355XD (6) 90)

SENATE/HOUSE FILE _____

BY  (PROPOSED STATE PUBLIC DEFENDER BILL)

A BILL FOR

An Act relating to responsibility for payment of fees relating to termination of parental rights proceedings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 600A.2, subsection 12, Code 2024, is amended to read as follows:
   12.  a.  “Indigent” means a any of the following: 
   (1)  A person has an income level at or below one hundred twenty-five percent of the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States department of health and human services, unless the court determines that the person is able to pay for the cost of an attorney in the pending case.
   (2)  A person has an income level greater than one hundred twenty-five percent but at or below two hundred percent of the United States poverty level as defined by the most recently revised poverty income guidelines published by the United States department of health and human services, and the court makes a written finding that not appointing an attorney would create a substantial hardship.
   b.  In making the determination of a person’s ability to pay for the cost of an attorney or a guardian ad litem, the court shall consider the person’s income and the availability of any assets subject to execution, including but not limited to cash, stocks, bonds, and any other property which may be applied to the satisfaction of judgments, and the nature and complexity of the case.
    Sec. 2.  Section 600A.5, subsection 3, Code 2024, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  An affidavit of financial status of the petitioner. The affidavit of financial status shall be signed under penalty of perjury and shall contain sufficient information to determine whether the petitioner is indigent.
    Sec. 3.  NEW SECTION.  600A.11  Payment of services of guardian ad litem.
   1.  A person filing a petition for termination of parental rights under this chapter shall be responsible for the payment of reasonable fees for services provided by a guardian ad litem appointed pursuant to section 600A.6 in juvenile court or in an appellate proceeding initiated by the person filing the petition unless the person filing the petition is a private child-placing agency licensed under chapter 238 or the court determines that the person filing the petition is indigent.
   2.  If the person filing the petition is a private child-placing agency licensed under chapter 238 or if the person filing the petition is indigent, the prospective parent on whose behalf the petition is filed shall be responsible for the payment of reasonable fees for services provided in juvenile court or an appellate proceeding for a guardian ad litem appointed pursuant to section 600A.6 unless the court determines that the prospective parent on whose behalf the petition is filed is indigent.
   3.  If the prospective parent on whose behalf the petition is filed is indigent, and if the person filing the petition is indigent or a private child-placing agency licensed under chapter 238, the appointed guardian ad litem shall be paid reasonable fees as determined by the state public defender from the indigent defense fund established in section 815.11.
   4.  The state public defender shall review all the claims submitted under subsection 2 or 3 and shall have the same authority with regard to the payment of these claims as the state public defender has with regard to claims submitted under chapters 13B and 815, including the authority to adopt rules concerning the review and payment of claims submitted.
    Sec. 4.  Section 815.11, subsection 1, Code 2024, is amended to read as follows:
   1.  Costs incurred for legal representation by a court-appointed attorney under chapter 229A, 665, 822, or 908, or section 232.141, subsection 3, paragraph “d”, or section 598.23A, 600A.6B, 814.9, 814.10, 814.11, 815.4, 815.7, or 815.10, or for payment of the services of a court-appointed guardian ad litem under section 600A.11, subsection 3, on behalf of an indigent shall be paid from moneys appropriated by the general assembly to the office of the state public defender in the department of inspections, appeals, and licensing and deposited in an account to be known as the indigent defense fund, except as provided in subsection 2. Costs incurred representing an indigent defendant in a contempt action, representing an indigent juvenile in a juvenile court proceeding, or representing a person pursuant to section 13B.13 are also payable from the fund. However, costs incurred in any administrative proceeding or in any other proceeding under this chapter or chapter 598, 600, 600A, 633, 633A, 814, or 915 or other provisions of the Code or administrative rules are not payable from the fund.
    Sec. 5.  CODE EDITOR DIRECTIVES.
   1.  The Code editor is directed to transfer section 600A.6C, Code 2024, to section 600A.6D.
   2.  The Code editor is directed to transfer section 600A.11, as enacted in this Act, to section 600A.6C.
   3.  The Code editor shall correct internal references in the Code and in any enacted legislation as necessary due to the enactment of this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the responsibility for payment of fees relating to termination of parental rights (TPR) proceedings.
   The bill redefines “indigent” for the purposes of determining whether a person is financially able to pay for the cost of an attorney or a guardian ad litem in TPR proceedings. Under Code section 600A.2, “indigent” means a person who has an income level at or below 100 percent of the federal poverty level, unless the court determines the person is able to pay for the cost of the attorney. Under the bill, “indigent” is defined as a person who has an income level at or below 125 percent of the federal poverty level; or a person who has an income level greater than 125 percent but at or below 200 percent of the federal poverty level, and the court makes a written finding that not appointing an attorney would create a substantial hardship. The bill also makes a conforming change in the definition of “indigent” to apply the standard for the court determining a person’s ability to pay the cost of an attorney to also apply to determining a person’s ability to pay the costs of a guardian ad litem.
   The bill requires that a petition for TPR shall include an affidavit of financial status of the petitioner. The affidavit of financial status shall be signed under penalty of perjury and contain sufficient information to determine whether the petitioner is indigent.
   The bill provides for payment of services of a guardian ad litem in a TPR proceeding who is appointed for a minor child if the child does not have a guardian or if the interests of the guardian conflict with the interests of the child. Under the bill, a person filing a petition for TPR shall be responsible for the payment of reasonable fees for services provided by an appointed guardian ad litem in juvenile court or in an appellate proceeding initiated by the person filing the petition unless the person filing the petition is a licensed private child-placing agency or the court determines that the person filing the petition is indigent. If the person filing the petition is a licensed private child-placing agency or is indigent, the prospective parent shall be responsible for the payment of reasonable fees for services provided by an appointed guardian ad litem in juvenile court or an appellate proceeding unless the court determines that the prospective parent on whose behalf the petition is filed is indigent. If the prospective parent is indigent, and if the person filing the petition is indigent or a private child-placing agency, the appointed guardian ad litem shall be paid reasonable fees as determined by the state public defender from the indigent defense fund. The bill requires the state public defender to review all claims submitted for payment of the guardian ad litem fees and authorizes the state public defender to act on the claims as otherwise authorized under Code chapter 13B (public defenders) and Code chapter 815 (costs-compensation and fees-indigent defense).
   The bill makes a conforming change in Code section 815.11 (appropriations for indigent defense —— fund created) to include authorization to utilize the moneys in the fund to pay for the services of a court-appointed guardian ad litem for TPR proceedings as provided under the bill on behalf of an indigent.
   The bill provides Code editor directives to allow the new Code section under the bill relating to payment of services of appointed guardians ad litem for TPR proceedings to be located next to the Code section relating to payment of attorney fees for TPR proceedings and to make other conforming changes.