Bill Summary – FastDemocracy

Fiscal Note
                                       Fiscal Services Division
HF 398 – Adoptions, Representation and Filing Requirements (LSB1255HV.1)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – Final Action
Description
House File 398 provides the following:
• A local public defender office or designee must represent in a subsequent adoption
   proceeding any party, including a nonindigent party, who files a petition to adopt a child who
   was the subject of a termination of parental rights (TPR) proceeding in which the local public
   defender office was involved.
• In adoption proceedings to adopt a child who was the subject of a TPR proceeding in which
   the local public defender office was involved, a local public defender office or designee must
   serve as the guardian ad litem for the child.
• The Department of Health and Human Services (HHS) must provide a certified copy of a
   birth certificate or a verified birth record to the person adopting a child when the HHS is the
   guardian of the child.
• For an adoption hearing in which the person to be adopted is an adult, the adoption
   petitioner is required to provide a copy of the petition and its attachments and a notice of the
   adoption hearing to the person who is to be adopted and to any other person who is
   required to consent to the adoption.
Background
Under current law, a local public defender office represents in a subsequent adoption
proceeding an indigent party who files an adoption petition to adopt a child who was the subject
of a TPR proceeding in which the local public defender was involved. If a conflict of interest
arises, the representation is required to be provided through referral of the indigent party to
outside counsel with whom the State Public Defender has contracted.
Under current law, a local public defender office serves as the 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 will serve as guardian ad litem and for
ensuring that the duties are fulfilled.
Assumptions
• All proceedings requiring a local public defender office to represent a party will be assigned
   to the Office of the State Public Defender contract attorneys.
• There are approximately 1,200 TPR proceedings each year.
• Approximately 50.0% of TPR proceedings will result in an adoption.
• The State Public Defender will provide representation in approximately 600 adoption
   proceedings each year to adopt a child who was the subject of a TPR proceeding.
• The State Public Defender will provide an attorney for the petitioners and another attorney
   as the guardian ad litem for the child.
• The total number of attorney hours per adoption proceeding will range between 5 and 10
   hours.
• Each adoption proceeding will be billed by contract attorneys at an hourly rate of $68.
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•   Under the Iowa State Adoption Assistance Program, the HHS reimburses adoptive parents
    of special needs children for up to $500 per adoption case for attorney fees, adoption fees,
    and court costs.
•   The Bill could reduce expenses for the HHS due to not reimbursing legal fees for petitioners
    who choose the Office of the State Public Defender for legal representation instead of
    private legal representation.
•   The average annual spending on legal fees within the Adoption Assistance appropriation is
    approximately $500,000, of which $250,000 is the State share.
Fiscal Impact
The annual estimated expense of HF 398 to the Office of the State Public Defender is between
$204,000 and $408,000, as shown in Table 1. This includes the cost of attorneys both to
represent the petitioner and to serve as the guardian ad litem for the child for all adoptions
resulting from a TPR proceeding in which a local public defender office was involved. The fiscal
impact will be to the Indigent Defense Fund, which is funded through the General Fund.
                 Table 1 — Estimated Annual Cost to the Indigent Defense Fund
  Adoptions Requiring State    Number of Attorney                      Attorney
                                                                                          Total Cost Per Year
Public Defender Representation  Hours Per Case                        Hourly Rate
                  600                             5 to 10                  $68            $204,000 to $408,000
Additionally, the Bill could reduce expenses to the HHS by up to $500 per adoption case for
special needs children in which the petitioner chooses to be represented by the Office of the
State Public Defender rather than by private legal representation. The total cost reduction to the
HHS is unknown.
Sources
Office of the State Public Defender
Department of Health and Human Services
Legislative Services Agency
                                                                                 /s/ Jennifer Acton
                                                                                   May 9, 2023
Doc ID 1374022
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, 600.11
Enrolled: 13B.9, 600.11