House File 2403 - Enrolled
House File 2403
AN ACT
RELATING TO RESPONSIBILITY FOR PAYMENT OF FEES RELATING TO
TERMINATION OF PARENTAL RIGHTS PROCEEDINGS.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 600A.2, subsection 12, Code 2024, is
2 amended to read as follows:
3 12. a. “Indigent” means a any of the following:
4 (1) A person has an income level at or below one hundred
5 twenty-five percent of the United States poverty level as
6 defined by the most recently revised poverty income guidelines
7 published by the United States department of health and human
8 services, unless the court determines that the person is able
9 to pay for the cost of an attorney in the pending case.
10 (2) A person has an income level greater than one hundred
11 twenty-five percent but at or below two hundred percent of the
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12 United States poverty level as defined by the most recently
13 revised poverty income guidelines published by the United
14 States department of health and human services, and the court
15 makes a written finding that not appointing an attorney would
16 create a substantial hardship.
17 b. In making the determination of a person’s ability to pay
18 for the cost of an attorney or a guardian ad litem, the court
19 shall consider the person’s income and the availability of any
20 assets subject to execution, including but not limited to cash,
21 stocks, bonds, and any other property which may be applied to
22 the satisfaction of judgments, and the nature and complexity
23 of the case.
24 Sec. 2. Section 600A.5, subsection 3, Code 2024, is amended
25 by adding the following new paragraph:
26 NEW PARAGRAPH. f. If the petitioner intends to access
27 public funds for the fees of the guardian ad litem or the
28 respondent’s attorney fees, an attached financial affidavit,
29 signed under penalty of perjury, reflecting the household
30 income and family size of the petitioner.
31 Sec. 3. NEW SECTION. 600A.11 Payment of services of
32 guardian ad litem.
33 1. A person filing a petition for termination of parental
34 rights under this chapter shall be responsible for the payment
35 of reasonable fees for services provided by a guardian ad litem
1 appointed pursuant to section 600A.6 in juvenile court or in
2 an appellate proceeding initiated by the person filing the
3 petition unless the person filing the petition is a private
4 child-placing agency licensed under chapter 238 or the court
5 determines that the person filing the petition is indigent.
6 2. If the person filing the petition is a private
7 child-placing agency licensed under chapter 238 or if the
8 person filing the petition is indigent, the prospective parent
9 on whose behalf the petition is filed shall be responsible
10 for the payment of reasonable fees for services provided in
11 juvenile court or an appellate proceeding for a guardian ad
12 litem appointed pursuant to section 600A.6 unless the court
13 determines that the prospective parent on whose behalf the
14 petition is filed is indigent.
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15 3. If the prospective parent on whose behalf the petition
16 is filed is indigent, and if the person filing the petition
17 is indigent or a private child-placing agency licensed under
18 chapter 238, the appointed guardian ad litem shall be paid
19 reasonable fees as determined by the state public defender from
20 the indigent defense fund established in section 815.11.
21 4. The state public defender shall review all the claims
22 submitted under subsection 2 or 3 and shall have the same
23 authority with regard to the payment of these claims as the
24 state public defender has with regard to claims submitted under
25 chapters 13B and 815, including the authority to adopt rules
26 concerning the review and payment of claims submitted.
27 Sec. 4. Section 815.11, subsection 1, Code 2024, is amended
28 to read as follows:
29 1. Costs incurred for legal representation by a
30 court-appointed attorney under chapter 229A, 665, 822, or 908,
31 or section 232.141, subsection 3, paragraph “d”, or section
32 598.23A, 600A.6B, 814.9, 814.10, 814.11, 815.4, 815.7, or
33 815.10, or for payment of the services of a court-appointed
34 guardian ad litem under section 600A.11, subsection 3, on
35 behalf of an indigent shall be paid from moneys appropriated
1 by the general assembly to the office of the state public
2 defender in the department of inspections, appeals, and
3 licensing and deposited in an account to be known as the
4 indigent defense fund, except as provided in subsection 2.
5 Costs incurred representing an indigent defendant in a contempt
6 action, representing an indigent juvenile in a juvenile court
7 proceeding, or representing a person pursuant to section 13B.13
8 are also payable from the fund. However, costs incurred in any
9 administrative proceeding or in any other proceeding under this
10 chapter or chapter 598, 600, 600A, 633, 633A, 814, or 915 or
11 other provisions of the Code or administrative rules are not
12 payable from the fund.
13 Sec. 5. CODE EDITOR DIRECTIVES.
14 1. The Code editor is directed to transfer section 600A.6C,
15 Code 2024, to section 600A.6D.
16 2. The Code editor is directed to transfer section 600A.11,
17 as enacted in this Act, to section 600A.6C.
18 3. The Code editor shall correct internal references in the
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19 Code and in any enacted legislation as necessary due to the
20 enactment of this section.
______________________________ ______________________________
PAT GRASSLEY AMY SINCLAIR
Speaker of the House President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2403, Ninetieth General Assembly.
______________________________
MEGHAN NELSON
Chief Clerk of the House
Approved _______________, 2024 ______________________________
KIM REYNOLDS
Governor


Statutes affected:
Introduced: 600A.2, 600A.5, 600A.6
Enrolled: 600A.2, 600A.5, 600A.6