Bill Summary – FastDemocracy

House File 61 - Introduced
                                  HOUSE FILE 61
                                  BY LOHSE and JONES
                            A BILL FOR
An Act relating to adoption proceedings by providing for
  representation of adoptive parents and guardians ad litem
  by local public defenders for children in certain adoption
  proceedings and modifying filing requirements for adoption
  petitions and notice requirements for adoption hearings of
  adults.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 13B.9, subsection 1, paragraphs b and c,
 Code 2023, are amended to read as follows:
    b. Represent an indigent party, upon order of the court,
 in child in need of assistance, family in need of assistance,
 delinquency, and termination of parental rights proceedings
 pursuant to chapter 232 when designated by the state public
 defender to represent the indigent party in the type of case
 for that county. The local public defender shall counsel and
 represent an indigent party in all proceedings pursuant to
 chapter 232 to which the local public defender is appointed
 and prosecute before or after judgment any appeals or other
 remedies which the local public defender considers to be in
 the interest of justice unless other counsel is appointed to
 the case. A local public defender office or designee shall
 represent in a subsequent adoption proceeding an indigent a
 party including a nonindigent party who files an adoption
 petition pursuant to section 600.3 to adopt a child who was the
 subject of a termination of parental rights proceeding pursuant
 to chapter 232 in which the local public defender office was
 involved as provided under this paragraph. If a conflict of
 interest arises, the representation shall be provided through
 referral of the indigent party to outside counsel with whom the
 state public defender has contracted, subject to the fees for
 legal services incorporated in the contract.
    c. Serve as guardian ad litem for each child in all cases
 in which the local public defender office is the state public
 defender’s designee. The local public defender shall be
 responsible for determining who shall perform the duties of
 the guardian ad litem as defined in section 232.2 and shall
 be responsible for assuring the court that the duties of the
 guardian ad litem have been fulfilled. A local public defender
 office or designee shall serve as guardian ad litem for each
 child in a subsequent adoption proceeding pursuant to section
 600.3 to adopt a child who was the subject of a termination of
 parental rights proceeding pursuant to chapter 232 in which the
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 local public defender office was involved as provided under
 this paragraph. If a conflict of interest arises, the guardian
 ad litem for the child shall be provided through retention
 of outside counsel with whom the state public defender has
 contracted, subject to the fees for guardian ad litem services
 incorporated in the contract.
    Sec. 2. Section 600.6, subsection 1, Code 2023, is amended
 to read as follows:
    1. A certified copy of the birth certificate showing
 parentage of the person to be adopted or, if such certificate
 is not available, a verified birth record. The department of
 health and human services shall provide a certified copy of
 a birth certificate to the person adopting a child when the
 department of health and human services is the guardian of the
 child.
    Sec. 3. Section 600.11, Code 2023, is amended to read as
 follows:
    600.11 Notice of adoption hearing.
    1. The juvenile court or court shall set the time and place
 of the adoption hearing prescribed in section 600.12 upon
 application of the petitioner. The juvenile court or court
 may continue the adoption hearing if the notice prescribed in
 subsections 2 and 3 4 or subsections 3 and 4, as applicable, is
 given, except that such notice shall only be given at least ten
 days prior to the date which has been set for the continuation
 of the adoption hearing.
    2. a. At Unless the person to be adopted is an adult and
 subsection 3 is applicable, at least twenty days before the
 adoption hearing, a copy of the petition and its attachments
 and a notice of the adoption hearing shall be given by the
 adoption petitioner to all of the following:
    (1) A guardian, guardian ad litem if appointed for the
 adoption proceedings, and custodian of, and a person in a
 parent-child relationship with the person to be adopted. This
 subparagraph does not require notice to be given to a person
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 whose parental rights have been terminated with regard to the
 person to be adopted.
    (2) The person to be adopted who is an adult.
    (3) (2) Any person who is designated to make an
 investigation and report under section 600.8.
    (4) (3) Any other person who is required to consent under
 section 600.7.
    (5) (4) A person who has been granted visitation rights
 with the child to be adopted pursuant to section 600C.1.
    (6) (5) A person who is ordered to pay support or a
 postsecondary education subsidy pursuant to section 598.21F, or
 chapter 234, 252A, 252C, 252F, 598, 600B, or any other chapter
 of the Code, for a person eighteen years of age or older who is
 being adopted by a stepparent, and the support order or order
 requires payment of support or postsecondary education subsidy
 for any period of time after the child reaches eighteen years
 of age.
    (7) (6) Any siblings of the person to be adopted due to
 either an ongoing relationship or a court finding that ongoing
 contact with the person to be adopted is in the best interest
 of each sibling if the person to be adopted was a minor child
 when the minor child’s parents had their parental rights
 terminated pursuant to chapter 232 and the person to be adopted
 and the person’s siblings were not placed together.
    b. Nothing in this subsection shall require the petitioner
 to give notice to self or to petitioner’s spouse. A duplicate
 copy of the petition and its attachments shall be mailed to the
 department by the clerk of court at the time the petition is
 filed.
    3. If the person to be adopted is an adult, at least twenty
 days before the adoption hearing, a copy of the petition and
 its attachments and a notice of the adoption hearing shall be
 given by the adoption petitioner to the person to be adopted
 and any other person who is required to consent to the adoption
 under section 600.7.
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     4. A notice of the adoption hearing shall state the time,
  place, and purpose of the hearing and shall be served in
  accordance with rule of civil procedure 1.305. Proof of the
  giving of notice shall be filed with the juvenile court or
  court prior to the adoption hearing. Acceptance of service by
  the party being given notice shall satisfy the requirements of
  this subsection.
                             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 adoption proceedings including
 provisions relating to representation of the parties and
 provision of a guardian ad litem for a child in certain
 adoption proceedings, attachments to an adoption petition, and
 requirements for notice of an adoption hearing.
    Regarding the powers and duties of local public defenders,
 the bill provides for the representation of certain parties and
 for provision of a guardian ad litem for a child in certain
 adoption proceedings.
    Under current law, a local public defender office shall
 represent an indigent party, upon order of the court, in
 child in need of assistance, family in need of assistance,
 delinquency, and termination of parental rights proceedings
 pursuant to Code chapter 232 (juvenile justice) when designated
 by the state public defender to represent the indigent party
 in the type of case for that county. Additionally, under
 current law, a local public defender office shall represent,
 in a subsequent adoption proceeding, an indigent party who
 files an adoption petition to adopt a child who was the subject
 of a termination of parental rights proceeding pursuant to
 Code chapter 232 in which the local public defender office was
 involved. If a conflict of interest arises, the representation
 shall be provided through referral of the indigent party
 to outside counsel with whom the state public defender has
 contracted, subject to the fees for legal services incorporated
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 in the contract. The bill amends the provisions relating
 to representation by the local public defender office in
 the specified type of subsequent adoption proceeding by
 providing that the local public defender office or designee
 shall represent in any such subsequent adoption proceeding
 both indigent and nonindigent parties who file an adoption
 petition. The bill also makes a conforming change to provide
 that a referral for representation in the case of a conflict
 of interest applies to both indigent and nonindigent parties,
 as applicable.
    Under current law, a local public defender office shall
 serve as guardian ad litem for each child in all cases in which
 a local public defender office is the state public defender’s
 designee. The local public defender is responsible for
 determining who shall serve as guardian ad litem pursuant to
 Code chapter 232 (juvenile justice) and for assuring that the
 duties are fulfilled. The bill requires, additionally, that
 a local public defender office shall be appointed to serve as
 guardian ad litem in a subsequent adoption proceeding to adopt
 a child who was the subject of a termination of parental rights
 proceeding pursuant to Code chapter 232 in which the local
 public defender office was involved. If a conflict of interest
 arises, the guardian ad litem for the child shall be provided
 through retention of outside counsel with whom the state public
 defender has contracted, subject to the fees for guardian ad
 litem services incorporated in the contract.
    The bill also amends provisions relating to the contents
 of an adoption petition. Current law requires an adoption
 petition to have attached a certified copy of the birth
 certificate showing the parentage of the person to be adopted
 or, if such certificate is not available, a verified birth
 record. The bill provides that if the department of health
 and human services (HHS) is the guardian of the child being
 adopted, HHS shall provide a certified copy of a birth
 certificate to the person adopting the child.
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    The bill amends provisions relating to the notice of
 adoption hearing to distinguish between whether the person
 to be adopted is a child or an adult. Under current law, in
 all adoptions, at least 20 days before the adoption hearing,
 a copy of the petition and its attachments and a notice of the
 adoption hearing shall be given by the adoption petitioner to
 a guardian, guardian ad litem if appointed for the adoption
 proceedings, and custodian of, and a person in a parent-child
 relationship with the person to be adopted, not including a
 person whose parental rights have been terminated with regard
 to the person to be adopted; the person to be adopted who is an
 adult; any person who is designated to make an investigation
 and report under Code section 600.8 (placement investigations
 and reports); any other person who is required to consent
 under Code section 600.7 (consents to adoption); a person
 who has been granted visitation rights with the child to be
 adopted pursuant to Code section 600C.1 (grandparent and
 great-grandparent visitation); a person who is ordered to pay
 support or a postsecondary education subsidy; and any siblings
 of the person to be adopted under certain conditions. These
 current notice of adoption hearing provisions still apply,
 unless the person to be adopted is an adult. Alternatively,
 the bill provides that if the person to be adopted is an adult,
 at least 20 days before the adoption hearing, a copy of the
 petition and its attachments and a notice of the adoption
 hearing shall be given by the adoption petitioner only to the
 person to be adopted and any other person who is required to
 consent to the adoption.
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Statutes affected: 
Introduced: 13B.9, 600.11