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:
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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
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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
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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
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