S.F. 2403 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. If the petitioner intends to access 26 public funds for the fees of the guardian ad litem or the 27 respondent’s attorney fees, an attached financial affidavit, 28 signed under penalty of perjury, reflecting the household 29 income and family size of the petitioner. 30 Sec. 3. NEW SECTION . 600A.11 Payment of services of 31 guardian ad litem. 32 1. A person filing a petition for termination of parental 33 rights under this chapter shall be responsible for the payment 34 of reasonable fees for services provided by a guardian ad litem 35 -1- LSB 5355SZ (1) 90 pf/jh 1/ 5

S.F. 2403 appointed pursuant to section 600A.6 in juvenile court or in 1 an appellate proceeding initiated by the person filing the 2 petition unless the person filing the petition is a private 3 child-placing agency licensed under chapter 238 or the court 4 determines that the person filing the petition is indigent. 5 2. If the person filing the petition is a private 6 child-placing agency licensed under chapter 238 or if the 7 person filing the petition is indigent, the prospective parent 8 on whose behalf the petition is filed shall be responsible 9 for the payment of reasonable fees for services provided in 10 juvenile court or an appellate proceeding for a guardian ad 11 litem appointed pursuant to section 600A.6 unless the court 12 determines that the prospective parent on whose behalf the 13 petition is filed is indigent. 14 3. If the prospective parent on whose behalf the petition 15 is filed is indigent, and if the person filing the petition 16 is indigent or a private child-placing agency licensed under 17 chapter 238, the appointed guardian ad litem shall be paid 18 reasonable fees as determined by the state public defender from 19 the indigent defense fund established in section 815.11. 20 4. The state public defender shall review all the claims 21 submitted under subsection 2 or 3 and shall have the same 22 authority with regard to the payment of these claims as the 23 state public defender has with regard to claims submitted under 24 chapters 13B and 815, including the authority to adopt rules 25 concerning the review and payment of claims submitted. 26 Sec. 4. Section 815.11, subsection 1, Code 2024, is amended 27 to read as follows: 28 1. Costs incurred for legal representation by a 29 court-appointed attorney under chapter 229A , 665 , 822 , or 908 , 30 or section 232.141, subsection 3 , paragraph “d” , or section 31 598.23A , 600A.6B , 814.9 , 814.10 , 814.11 , 815.4 , 815.7 , or 32 815.10 , or for payment of the services of a court-appointed 33 guardian ad litem under section 600A.11, subsection 3, on 34 behalf of an indigent shall be paid from moneys appropriated 35 -2- LSB 5355SZ (1) 90 pf/jh 2/ 5

S.F. 2403 by the general assembly to the office of the state public 1 defender in the department of inspections, appeals, and 2 licensing and deposited in an account to be known as the 3 indigent defense fund, except as provided in subsection 2 . 4 Costs incurred representing an indigent defendant in a contempt 5 action, representing an indigent juvenile in a juvenile court 6 proceeding, or representing a person pursuant to section 13B.13 7 are also payable from the fund. However, costs incurred in any 8 administrative proceeding or in any other proceeding under this 9 chapter or chapter 598 , 600 , 600A , 633 , 633A , 814 , or 915 or 10 other provisions of the Code or administrative rules are not 11 payable from the fund. 12 Sec. 5. CODE EDITOR DIRECTIVES. 13 1. The Code editor is directed to transfer section 600A.6C, 14 Code 2024, to section 600A.6D. 15 2. The Code editor is directed to transfer section 600A.11, 16 as enacted in this Act, to section 600A.6C. 17 3. The Code editor shall correct internal references in the 18 Code and in any enacted legislation as necessary due to the 19 enactment of this section. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to the responsibility for payment of fees 24 relating to termination of parental rights (TPR) proceedings. 25 The bill redefines “indigent” for the purposes of 26 determining whether a person is financially able to pay for the 27 cost of an attorney or a guardian ad litem in TPR proceedings. 28 Under Code section 600A.2, “indigent” means a person who has 29 an income level at or below 100 percent of the federal poverty 30 level, unless the court determines the person is able to pay 31 for the cost of the attorney. Under the bill, “indigent” is 32 defined as a person who has an income level at or below 125 33 percent of the federal poverty level; or a person who has an 34 income level greater than 125 percent but at or below 200 35 -3- LSB 5355SZ (1) 90 pf/jh 3/ 5

S.F. 2403 percent of the federal poverty level, and the court makes a 1 written finding that not appointing an attorney would create a 2 substantial hardship. The bill also makes a conforming change 3 in the definition of “indigent” to apply the standard for the 4 court determining a person’s ability to pay the cost of an 5 attorney to also apply to determining a person’s ability to pay 6 the costs of a guardian ad litem. 7 The bill requires that if a petitioner intends to access 8 public funds for the fees of the guardian ad litem or the 9 respondent’s attorney fees, a petition for TPR shall include 10 an attached financial affidavit, signed under penalty of 11 perjury, reflecting the household income and family size of the 12 petitioner. 13 The bill provides for payment of services of a guardian ad 14 litem in a TPR proceeding who is appointed for a minor child 15 if the child does not have a guardian or if the interests 16 of the guardian conflict with the interests of the child. 17 Under the bill, a person filing a petition for TPR shall be 18 responsible for the payment of reasonable fees for services 19 provided by an appointed guardian ad litem in juvenile court or 20 in an appellate proceeding initiated by the person filing the 21 petition unless the person filing the petition is a licensed 22 private child-placing agency or the court determines that the 23 person filing the petition is indigent. If the person filing 24 the petition is a licensed private child-placing agency or 25 is indigent, the prospective parent shall be responsible for 26 the payment of reasonable fees for services provided by an 27 appointed guardian ad litem in juvenile court or an appellate 28 proceeding unless the court determines that the prospective 29 parent on whose behalf the petition is filed is indigent. If 30 the prospective parent is indigent, and if the person filing 31 the petition is indigent or a private child-placing agency, 32 the appointed guardian ad litem shall be paid reasonable fees 33 as determined by the state public defender from the indigent 34 defense fund. The bill requires the state public defender to 35 -4- LSB 5355SZ (1) 90 pf/jh 4/ 5

S.F. 2403 review all claims submitted for payment of the guardian ad 1 litem fees and authorizes the state public defender to act 2 on the claims as otherwise authorized under Code chapter 13B 3 (public defenders) and Code chapter 815 (costs-compensation and 4 fees-indigent defense). 5 The bill makes a conforming change in Code section 815.11 6 (appropriations for indigent defense —— fund created) to 7 include authorization to utilize the moneys in the fund to pay 8 for the services of a court-appointed guardian ad litem for 9 TPR proceedings as provided under the bill on behalf of an 10 indigent. 11 The bill provides Code editor directives to allow the new 12 Code section under the bill relating to payment of services of 13 appointed guardians ad litem for TPR proceedings to be located 14 next to the Code section relating to payment of attorney fees 15 for TPR proceedings and to make other conforming changes. 16 -5- LSB 5355SZ (1) 90 pf/jh 5/ 5