House File 2474 - Reprinted HOUSE FILE 2474 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2113) (As Amended and Passed by the House March 14, 2022 ) A BILL FOR An Act relating to adoption proceedings by providing for 1 representation of adoptive parents and guardians ad litem 2 by local public defenders for children in certain adoption 3 proceedings and modifying filing requirements for adoption 4 petitions and notice requirements for adoption hearings of 5 adults. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 HF 2474 (2) 89 cm/jh/md
H.F. 2474 Section 1. Section 13B.9, subsection 1, paragraphs b and c, 1 Code 2022, are amended to read as follows: 2 b. Represent an indigent party, upon order of the court, 3 in child in need of assistance, family in need of assistance, 4 delinquency, and termination of parental rights proceedings 5 pursuant to chapter 232 when designated by the state public 6 defender to represent the indigent party in the type of case 7 for that county. The local public defender shall counsel and 8 represent an indigent party in all proceedings pursuant to 9 chapter 232 to which the local public defender is appointed 10 and prosecute before or after judgment any appeals or other 11 remedies which the local public defender considers to be in 12 the interest of justice unless other counsel is appointed to 13 the case. A local public defender office or designee shall 14 represent in a subsequent adoption proceeding an indigent a 15 party including a nonindigent party who files an adoption 16 petition pursuant to section 600.3 to adopt a child who was the 17 subject of a termination of parental rights proceeding pursuant 18 to chapter 232 in which the local public defender office was 19 involved as provided under this paragraph. If a conflict of 20 interest arises, the representation shall be provided through 21 referral of the indigent party to outside counsel with whom the 22 state public defender has contracted, subject to the fees for 23 legal services incorporated in the contract. 24 c. Serve as guardian ad litem for each child in all cases 25 in which the local public defender office is the state public 26 defender’s designee. The local public defender shall be 27 responsible for determining who shall perform the duties of 28 the guardian ad litem as defined in section 232.2 and shall 29 be responsible for assuring the court that the duties of the 30 guardian ad litem have been fulfilled. A local public defender 31 office or designee shall serve as guardian ad litem for each 32 child in a subsequent adoption proceeding pursuant to section 33 600.3 to adopt a child who was the subject of a termination of 34 parental rights proceeding pursuant to chapter 232 in which 35 -1- HF 2474 (2) 89 cm/jh/md 1/ 3
H.F. 2474 the local public defender office was involved as provided 1 under this paragraph. If a conflict of interest arises, the 2 representation shall be provided through retention of outside 3 counsel to serve as guardian ad litem for the child with whom 4 the state public defender has contracted, subject to the fees 5 for guardian ad litem services incorporated in the contract. 6 Sec. 2. Section 600.6, subsection 1, Code 2022, is amended 7 to read as follows: 8 1. A certified copy of the birth certificate showing 9 parentage of the person to be adopted or, if such certificate 10 is not available, a verified birth record. The department 11 of human services shall provide a certified copy of a birth 12 certificate to the person adopting a child when the department 13 of human services is the guardian of the child. 14 Sec. 3. Section 600.11, Code 2022, is amended to read as 15 follows: 16 600.11 Notice of adoption hearing. 17 1. The juvenile court or court shall set the time and place 18 of the adoption hearing prescribed in section 600.12 upon 19 application of the petitioner. The juvenile court or court 20 may continue the adoption hearing if the notice prescribed in 21 subsections 2 and 3 4 or subsections 3 and 4, as applicable, is 22 given, except that such notice shall only be given at least ten 23 days prior to the date which has been set for the continuation 24 of the adoption hearing. 25 2. a. At Unless the person to be adopted is an adult and 26 subsection 3 is applicable, at least twenty days before the 27 adoption hearing, a copy of the petition and its attachments 28 and a notice of the adoption hearing shall be given by the 29 adoption petitioner to all of the following : 30 (1) A guardian, guardian ad litem if appointed for the 31 adoption proceedings, and custodian of, and a person in a 32 parent-child relationship with the person to be adopted. This 33 subparagraph does not require notice to be given to a person 34 whose parental rights have been terminated with regard to the 35 -2- HF 2474 (2) 89 cm/jh/md 2/ 3
H.F. 2474 person to be adopted. 1 (2) The person to be adopted who is an adult. 2 (3) Any person who is designated to make an investigation 3 and report under section 600.8. 4 (4) Any other person who is required to consent under 5 section 600.7. 6 (5) A person who has been granted visitation rights with the 7 child to be adopted pursuant to section 600C.1. 8 (6) A person who is ordered to pay support or a 9 postsecondary education subsidy pursuant to section 598.21F , 10 or chapter 234 , 252A , 252C , 252F , 598 , 600B , or any other 11 chapter of the Code, for a person eighteen years of age or 12 older who is being adopted by a stepparent, and the support 13 order or order requires payment of support or postsecondary 14 education subsidy for any period of time after the child 15 reaches eighteen years of age. 16 b. Nothing in this subsection shall require the petitioner 17 to give notice to self or to petitioner’s spouse. A duplicate 18 copy of the petition and its attachments shall be mailed to the 19 department by the clerk of court at the time the petition is 20 filed. 21 3. If the person to be adopted is an adult, at least twenty 22 days before the adoption hearing, a copy of the petition and 23 its attachments and a notice of the adoption hearing shall be 24 given by the adoption petitioner to the person to be adopted 25 and any other person who is required to consent to the adoption 26 under section 600.7. 27 4. A notice of the adoption hearing shall state the time, 28 place, and purpose of the hearing and shall be served in 29 accordance with rule of civil procedure 1.305 . Proof of the 30 giving of notice shall be filed with the juvenile court or 31 court prior to the adoption hearing. Acceptance of service by 32 the party being given notice shall satisfy the requirements of 33 this subsection . 34 -3- HF 2474 (2) 89 cm/jh/md 3/ 3