Bill Summary – FastDemocracy

Senate File 2403 - Introduced
                                  SENATE FILE 2403
                                  BY COMMITTEE ON WAYS AND MEANS
                                  (SUCCESSOR TO SF 2350)
                                  (SUCCESSOR TO SSB 3005)
                                  (COMPANION TO HF 2403 BY
                                   COMMITTEE ON JUDICIARY)
                            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:
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    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. If the petitioner intends to access
 public funds for the fees of the guardian ad litem or the
 respondent’s attorney fees, an attached financial affidavit,
 signed under penalty of perjury, reflecting the household
 income and family size of the petitioner.
    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
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 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
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                                        S.F. 2403
 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
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                                S.F. 2403
 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 if a petitioner intends to access
 public funds for the fees of the guardian ad litem or the
 respondent’s attorney fees, a petition for TPR shall include
 an attached financial affidavit, signed under penalty of
 perjury, reflecting the household income and family size of the
 petitioner.
    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
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                                S.F. 2403
 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.
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Statutes affected: 
Introduced: 600A.2, 600A.5, 600A.6