Bill Text: IA HF2459 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to representation by a local public defender of certain parties to an adoption.(Formerly HF 2095.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2024-02-28 - Fiscal note. [HF2459 Detail]

Download: Iowa-2023-HF2459-Introduced.html
House File 2459 - Introduced HOUSE FILE 2459 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2095) A BILL FOR An Act relating to representation by a local public defender of 1 certain parties to an adoption. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5549HV (1) 90 pf/ko
H.F. 2459 Section 1. Section 13B.9, subsection 1, Code 2024, is 1 amended to read as follows: 2 1. The local public defender shall do all of the following: 3 a. Represent an indigent person who is under arrest 4 or charged with a crime if the indigent person requests 5 representation or the court orders representation when the type 6 of case, the county, and the court have been designated for 7 such representation by the state public defender. The local 8 public defender shall counsel and defend an indigent defendant 9 at every stage of the criminal proceedings and prosecute 10 before or after conviction any appeals or other remedies which 11 the local public defender considers to be in the interest of 12 justice unless other counsel is appointed to the case. 13 b. (1) Represent an indigent party, upon order of the 14 court, in child in need of assistance, family in need of 15 assistance, delinquency, and termination of parental rights 16 proceedings pursuant to chapter 232 when designated by the 17 state public defender to represent the indigent party in the 18 type of case for that county. The local public defender shall 19 counsel and represent an indigent party in all proceedings 20 pursuant to chapter 232 to which the local public defender is 21 appointed and prosecute before or after judgment any appeals or 22 other remedies which the local public defender considers to be 23 in the interest of justice unless other counsel is appointed 24 to the case. 25 (2) A local public defender office or designee shall 26 represent in a subsequent adoption proceeding a party including 27 a nonindigent party who files an adoption petition pursuant 28 to section 600.3 to adopt a child who was the subject of a 29 termination of parental rights proceeding pursuant to chapter 30 232 in which the local public defender office was involved 31 as provided under this paragraph. If a conflict of interest 32 arises, the representation shall be provided through referral 33 of the party to outside counsel with whom the state public 34 defender has contracted, subject to the fees for legal services 35 -1- LSB 5549HV (1) 90 pf/ko 1/ 4
H.F. 2459 incorporated in the contract. 1 (3) A local public defender office or designee shall 2 represent a party in an adoption proceeding, if requested by 3 the party, including a nonindigent party whose family income 4 does not exceed three hundred percent of the federal poverty 5 level as defined by the most recently revised poverty income 6 guidelines published by the United States department of health 7 and human services, who files an adoption petition pursuant 8 to section 600.3 to adopt a child who was the subject of a 9 termination of parental rights proceeding pursuant to chapter 10 600A, whether or not the local public defender office was 11 involved in the termination of parental rights proceeding. If 12 a conflict of interest arises, the representation shall be 13 provided through referral of the party to outside counsel with 14 whom the state public defender has contracted, subject to the 15 fees for legal services incorporated in the contract. 16 c. (1) Serve as guardian ad litem for each child in all 17 cases in which the local public defender office is the state 18 public defender’s designee. The local public defender shall 19 be responsible for determining who shall perform the duties of 20 the guardian ad litem as defined in section 232.2 and shall 21 be responsible for assuring the court that the duties of the 22 guardian ad litem have been fulfilled. 23 (2) A local public defender office or designee shall serve 24 as guardian ad litem for each child in a subsequent adoption 25 proceeding pursuant to section 600.3 to adopt a child who was 26 the subject of a termination of parental rights proceeding 27 pursuant to chapter 232 in which the local public defender 28 office was involved as provided under this paragraph “b” , 29 subparagraph (2), or for a child in a subsequent adoption 30 proceeding pursuant to section 600.3 to adopt a child who was 31 the subject of a termination of parental rights proceeding 32 pursuant to chapter 600A, as provided under paragraph “b” , 33 subparagraph (3) . 34 (3) If a conflict of interest arises, the guardian ad litem 35 -2- LSB 5549HV (1) 90 pf/ko 2/ 4
H.F. 2459 for the child shall be provided through retention of outside 1 counsel with whom the state public defender has contracted, 2 subject to the fees for guardian ad litem services incorporated 3 in the contract. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 Under current Code section 13B.9(1)(b), a local public 8 defender or designee shall represent in a subsequent adoption 9 proceeding a party, including a nonindigent party, who files 10 an adoption petition to adopt a child who was the subject 11 of a termination of parental rights proceeding pursuant to 12 Code chapter 232 (juvenile justice) in which the local public 13 defender office was involved. 14 This bill provides that a local public defender office or 15 designee shall represent a party in an adoption proceeding, if 16 requested by the party, including a nonindigent party whose 17 family income does not exceed 300 percent of the federal 18 poverty level, who files an adoption petition to adopt a 19 child who was the subject of a termination of parental rights 20 proceeding pursuant to Code chapter 600A (termination of parent 21 rights), whether or not the local public defender office was 22 involved in the termination of parental rights proceeding. 23 Under current Code section 13B.9(1)(c), the local public 24 defender office or designee shall serve as guardian ad litem 25 for each child in a subsequent adoption proceeding to adopt a 26 child who was the subject of a termination of parental rights 27 proceeding pursuant to Code chapter 232 in which the local 28 public defender office was involved. The bill provides that 29 in addition, the local public defender office or designee 30 shall serve as guardian ad litem for a child in a subsequent 31 adoption proceeding who was the subject of a termination of 32 parental rights proceeding pursuant to Code chapter 600A, if 33 the adopting party meets the income threshold and requests 34 representation by the local public defender office or designee 35 -3- LSB 5549HV (1) 90 pf/ko 3/ 4
H.F. 2459 in the adoption proceeding. 1 -4- LSB 5549HV (1) 90 pf/ko 4/ 4
feedback