Bills › 88th General Assembly
Relating to the responsibilities of a guardian ad litem for a minor child
Sponsored by the House Judiciary (successor To Hsb 242) Committee
Topics:Courts & civil law
Where it is now
- Done: IntroducedMarch 11, 2019
- Done: SubcommitteeJanuary 15, 2020
- Done: House committeeJanuary 30, 2020
- Done: Passes the HouseFebruary 24, 2020
- Done: Senate committeeMarch 9, 2020
- Stopped: Passes the SenateDied when the General Assembly ended
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary People appointed to look out for a child's best interests in court must now give the judge a report before certain important hearings. Judges also have the power to give these representatives extra tasks to make sure the child is being protected.1
Read the official explanation
This bill relates to the responsibilities of guardian ad litems for children. Code section 232.2 provides duties for guardian ad litems for children in juvenile delinquency, child in need of assistance, and dissolution of marriage proceedings. The bill amends current law to specify a guardian ad litem shall file a report with the court prior to any dispositional hearing, permanency hearing, or review hearing. The bill provides that the court shall have the discretion to require the guardian ad litem to perform any additional duties which the court deems necessary to protect the best interest of the child.
Changed since by amendment H-8024; see Amendments.
Senate subcommittee
Named February 25, 2020. On March 4, 2020 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill requires a guardian ad litem to visit a child's home or residence every month. It is estimated to increase expenditures from the Indigent Defense Fund by $9.8 million annually. The actual cost could be higher because travel expenses and the impact on State Public Defender field offices are unknown.3
Read the fiscal note
Description
House File 705 specifies that a guardian ad litem for a child is required to visit the home, residence, or both home and residence of the child monthly.
Background
The State Public Defender is authorized to make payment from the Indigent Defense Fund for the fees and expenses for an appointed guardian ad litem in a juvenile court proceeding. The State Public Defender pays for the time the guardian ad litem spends visiting with the child or carrying out any of the guardian ad litem’s other statutory duties pursuant to Iowa Code section 232.2(22).
Assumptions
- Beginning in FY 2020 there will be 6,051 sibling groups who annual receive guardian ad litem services paid for by the Indigent Defense Fund. This is similar to the number served in FY 2018.
- Guardians ad litem currently make an average of three visits per year; therefore; nine additional visits would be necessary.
- The total amount of time and travel for each visit is unknown due to the unavailability of historical data. Travel expenses would include mileage on shorter trips. Longer trips could involve hotels, meals, airfare, and car rental. For this estimate, each visit, including travel time, is assumed to take three hours.
- The hourly reimbursement rate for guardian ad litem services is $60.
- The current number of assignments that the four State Public Defender field offices handle is unknown. As currently staffed, the offices may need to decline or withdraw from additional court-appointed cases, in which case the court would have to appoint a private attorney, adding to the Indigent Defense Fund impact.
Fiscal Impact
The four State Public Defender field offices that engage in guardian ad litem work for juveniles in juvenile court proceedings would have to spend an increased amount of time and travel to comply with the provisions of this Bill. The Bill is estimated to increase expenditures from the Indigent Defense Fund by $9.8 million annually due to the increase in expense claims. However, due to the unknown travel costs and further impacts to the State Public Defender field offices, the impact could be higher.
Sources
- State Public Defender
- Guardian Ad Litem Visits · March 18, 2019
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88th General Assembly