Bills › 89th General Assembly

HF 361Signed by Governor · April 30, 2021

Relating to the appointment of a guardian ad litem, a child custody investigator or child and family reporter, or an attorney for certain child custody and visitation matters, and a guardian ad litem for certain child prosecution witnesses

Sponsored by the House Judiciary (companion To Sf 180 By Committee on Judiciary) Committee

Topics:Courts & civil law

Same legislation: SSB 1008, HSB 19, SF 180

Where it is now

  1. Done: IntroducedJanuary 12, 2021
  2. Done: SubcommitteeJanuary 12, 2021
  3. Done: House committeeFebruary 2, 2021
  4. Done: Passes the HouseFebruary 10, 2021
  5. Done: Senate committeeApril 1, 2021
  6. Done: Passes the SenateApril 7, 202144–0
  7. Done: To the GovernorApril 30, 2021
  8. Done: Signed into lawApril 30, 2021

Signed into law What’s a funnel?

What’s in it

AI summary Courts can appoint special people like lawyers or investigators to help in certain child custody and visitation cases. For children who are witnesses in serious criminal cases involving abuse or neglect, the law ensures they have a representative to protect their interests throughout the entire legal process. This change removes a rule that previously limited these protections for older children.1

Read the official explanation

This bill relates to the appointment of a guardian ad litem, a child custody investigator or child and family reporter, or an attorney for certain child custody and visitation matters, and a guardian ad litem for certain child prosecution witnesses. The bill provides that a court may order the appointment of a guardian ad litem or attorney for a child, a child custody investigator, or a child and family reporter in certain child custody and visitation matters. Under current law, in a case involving sexual abuse, human trafficking, incest, neglect or abandonment of a dependent person, child endangerment, or sexual exploitation of a minor, a prosecuting witness who is a child (under the age of years) is entitled to have the witness’s interests represented by a guardian ad litem at all stages of the proceedings in such cases. If a prosecuting witness is 14, 15, 16, or years of age and would be entitled to the appointment of a guardian ad litem if the prosecuting witness was under the age of 14, a court may appoint a guardian ad litem for such a prosecuting witness if the requirements for the appointment of the guardian ad litem are met and the guardian ad litem agrees to participate without compensation. The bill strikes the latter provision and provides that a prosecuting witness who is a child under the age of years in a case involving sexual abuse, human trafficking, incest, neglect or abandonment of a dependent person, child endangerment, or sexual exploitation of a minor is entitled to have the witness’s interests represented by a guardian ad litem at all stages of the proceedings in such cases.

Full bill text · What changed before it passed2

House subcommittee

Named January 12, 2021 (as HSB 19). On January 13, 2021 it recommended amendment and 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

Iowa Code it changes

Amends§600B.40§915.37

How the Code works3

Lobbying

8 for · 0 against · 9 undecided · Who →

Family tree

Earlier and later bills are matched by wording or an identical title.

Tried before

This idea has been filed in an earlier General Assembly. None got through a chamber.

  • SF 2277 Relating to the appointment of a guardian ad litem for certain child prosecution witnesses
    88th General Assembly · Renumbered as SF 2362 · nearly identical
    Cleared committee

Matched by wording or an identical title.