Bills › 90th General Assembly
Relating to representation by a local public defender of certain parties to an adoption
Sponsored by the House Judiciary Committee
Topics:Courts & civil lawFamilies & human services
Same legislation: HF 2095
Where it is now
- Done: IntroducedJanuary 22, 2024
- Done: SubcommitteeJanuary 23, 2024
- Done: House committeeFebruary 8, 2024
- Stopped: Passes the HouseDied when the General Assembly ended
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2024 session adjourned on April 19, 2024, 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 Local public defender offices would provide legal help and child representatives for people involved in certain adoption cases. This change applies to people who want to adopt a child whose parental rights were previously ended, even if the public defender's office wasn't involved in that earlier case. To qualify for this help, a person must ask for it and have a family income that is not more than 300 percent of the federal poverty level.1
Read the official explanation
9(1)(b), a local public defender or designee shall represent in a subsequent adoption proceeding a party, including a nonindigent party, who files an adoption petition to adopt a child who was the subject of a termination of parental rights proceeding pursuant to Code chapter 232 (juvenile justice) in which the local public defender office was involved. This bill provides that a local public defender office or designee shall represent a party in an adoption proceeding, if requested by the party, including a nonindigent party whose family income does not exceed 300 percent of the federal poverty level, who files an adoption petition to adopt a child who was the subject of a termination of parental rights proceeding pursuant to Code chapter 600A (termination of parent rights), whether or not the local public defender office was involved in the termination of parental rights proceeding. 9(1)(c), the local public defender office or designee shall serve as guardian ad litem for each child in a subsequent adoption proceeding to adopt a child who was the subject of a termination of parental rights proceeding pursuant to Code chapter 232 in which the local public defender office was involved. The bill provides that in addition, the local public defender office or designee shall serve as guardian ad litem for a child in a subsequent adoption proceeding who was the subject of a termination of parental rights proceeding pursuant to Code chapter 600A, if the adopting party meets the income threshold and requests representation by the local public defender office or designee in the adoption proceeding.
Fiscal note
Cost: up to $833,000 Compare with other bills
AI summary This bill requires local public defender offices to represent certain parties in adoption proceedings and serve as guardians ad litem for children involved in specific parental rights termination cases. It is estimated to increase costs to the Office of the State Public Defender by $832,650 per year.3
Read the fiscal note
Description
House File 2459 provides that a local public defender office or designee must represent a party in an adoption proceeding, whether the local public defender office was involved in the termination of the parental rights proceeding, if all the following circumstances apply:
- An adoption proceeding was requested by the party.
- The family income of the party does not exceed 300.0% of the federal poverty level.
- An adoption petition was filed to adopt a child who was the subject of a termination of parental rights proceeding pursuant to Iowa Code chapter 600A.
The Bill also provides that a local public defender office or designee must serve as guardian ad litem for a child who was the subject of a termination of parental rights proceeding pursuant to Iowa Code chapter 600A.
Background
Under Iowa Code section 13B.9, a local public defender or designee must represent a party who files an adoption petition to adopt a child who was the subject of a termination of parental rights proceeding pursuant to Iowa Code chapter 232 in which the local public defender’s office was involved. The local public defender’s office or designee must also serve as guardian ad litem for each child who was the subject of a termination of parental rights proceeding under the same Iowa Code chapter.
In FY 2023, there were 435 termination filings pursuant to Iowa Code chapter 600A.
Assumptions
- The Office of the State Public Defender estimates that the costs of implementation based on 70.0% (305) of termination of parental rights proceedings under Iowa Code chapter 600A will result in adoption cases requiring a State-funded attorney and guardian ad litem. The expected annual costs to the Indigent Defense Fund would be $223,000.
- An adoption following a termination of parental rights proceeding requires an estimated 5 hours of attorney time and an estimated 5 hours of guardian ad litem time for a total of 10 billable hours at $73 per hour.
- There are approximately $2,000 in additional fees and costs in adoption cases. These fees include home studies, postplacement reports, training, federal and State criminal background checks, and sex offender and abuse registry searches. These fees are paid by the Office of the State Public Defender.
Fiscal Impact
House File 2459 is estimated to increase costs to the Office of the State Public Defender (SPD) by $833,000 per year. Figure 1 includes the breakdown of these expenses. Figure 1 — Estimated Fiscal Impact of HF 2459
Sources
- Office of the State Public Defender
- Iowa Judicial Branch
- Children and Families of Iowa
- Legislative Services Agency
- Adoption, State Public Defender Representation · February 28, 2024 · $833,000
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90th General Assembly