Fiscal Note
Fiscal Services Division
HF 2459 – Adoption, State Public Defender Representation (LSB5549HV)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – New
Description
House File 2459 provides that a local public defender office or designee must represent a party
in an adoption proceeding, whether the local public defender office was involved in the
termination of the parental rights proceeding, if all the following circumstances apply:
• An adoption proceeding was requested by the party.
• The family income of the party does not exceed 300.0% of the federal poverty level.
• An adoption petition was filed to adopt a child who was the subject of a termination of
parental rights proceeding pursuant to Iowa Code chapter 600A.
The Bill also provides that a local public defender office or designee must serve as guardian ad
litem for a child who was the subject of a termination of parental rights proceeding pursuant to
Iowa Code chapter 600A.
Background
Under Iowa Code section 13B.9, a local public defender or designee must represent a party
who files an adoption petition to adopt a child who was the subject of a termination of parental
rights proceeding pursuant to Iowa Code chapter 232 in which the local public defender’s office
was involved. The local public defender’s office or designee must also serve as guardian ad
litem for each child who was the subject of a termination of parental rights proceeding under the
same Iowa Code chapter.
In FY 2023, there were 435 termination filings pursuant to Iowa Code chapter 600A.
Assumptions
• The Office of the State Public Defender estimates that the costs of implementation based on
70.0% (305) of termination of parental rights proceedings under Iowa Code chapter 600A
will result in adoption cases requiring a State-funded attorney and guardian ad litem. The
expected annual costs to the Indigent Defense Fund would be $223,000.
• An adoption following a termination of parental rights proceeding requires an estimated
5 hours of attorney time and an estimated 5 hours of guardian ad litem time for a total of
10 billable hours at $73 per hour.
• There are approximately $2,000 in additional fees and costs in adoption cases. These fees
include home studies, postplacement reports, training, federal and State criminal
background checks, and sex offender and abuse registry searches. These fees are paid by
the Office of the State Public Defender.
Fiscal Impact
House File 2459 is estimated to increase costs to the Office of the State Public Defender (SPD)
by $833,000 per year. Figure 1 includes the breakdown of these expenses.
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 Figure 1 — Estimated Fiscal Impact of HF 2459
Estimated Number Cost Per Total Estimated
Expense of Cases Case Expenditure Cost
Attorney Costs for Adoption 305 $ 365 $ 111,325
Guardian Ad Litem Costs for Adoption 305 365 111,325
Adoption Fees Paid by SPD 305 2,000 610,000
Total $ 832,650
Sources
Office of the State Public Defender
Iowa Judicial Branch
Children and Families of Iowa
Legislative Services Agency
/s/ Jennifer Acton
February 28, 2024
Doc ID 1446337
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in developing this
fiscal note is available from the Fiscal Services Division of the Legislative Services Agency upon request.
www.legis.iowa.gov
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Statutes affected:
Introduced: 13B.9