Relating to adoption proceedings by providing for representation of adoptive parents and guardians ad litem by local public defenders for children in certain adoption proceedings and modifying filing requirements for adoption petitions and notice requirements for adoption hearings of adults

Description

House File 398 provides the following:

• A local public defender office or designee must represent in a subsequent adoption proceeding any party, including a nonindigent party, who files a petition to adopt a child who was the subject of a termination of parental rights (TPR) proceeding in which the local public defender office was involved.
• In adoption proceedings to adopt a child who was the subject of a TPR proceeding in which the local public defender office was involved, a local public defender office or designee must serve as the guardian ad litem for the child.
• The Department of Health and Human Services (HHS) must provide a certified copy of a birth certificate or a verified birth record to the person adopting a child when the HHS is the guardian of the child.
• For an adoption hearing in which the person to be adopted is an adult, the adoption petitioner is required to provide a copy of the petition and its attachments and a notice of the adoption hearing to the person who is to be adopted and to any other person who is required to consent to the adoption.

Background

Under current law, a local public defender office represents in a subsequent adoption proceeding an indigent party who files an adoption petition to adopt a child who was the subject of a TPR proceeding in which the local public defender was involved. If a conflict of interest arises, the representation is required to be provided through referral of the indigent party to outside counsel with whom the State Public Defender has contracted.

Under current law, a local public defender office serves as the guardian ad litem for each child in all cases in which a local public defender office is the State Public Defender’s designee. The local public defender is responsible for determining who will serve as guardian ad litem and for ensuring that the duties are fulfilled.

Assumptions

• All proceedings requiring a local public defender office to represent a party will be assigned to the Office of the State Public Defender contract attorneys.
• There are approximately 1,200 TPR proceedings each year.
• Approximately 50.0% of TPR proceedings will result in an adoption.
• The State Public Defender will provide representation in approximately 600 adoption proceedings each year to adopt a child who was the subject of a TPR proceeding.
• The State Public Defender will provide an attorney for the petitioners and another attorney as the guardian ad litem for the child.
• The total number of attorney hours per adoption proceeding will range between 5 and 10 hours.
• Each adoption proceeding will be billed by contract attorneys at an hourly rate of $68.
• Under the Iowa State Adoption Assistance Program, the HHS reimburses adoptive parents of special needs children for up to $500 per adoption case for attorney fees, adoption fees, and court costs.
• The Bill could reduce expenses for the HHS due to not reimbursing legal fees for petitioners who choose the Office of the State Public Defender for legal representation instead of private legal representation.
• The average annual spending on legal fees within the Adoption Assistance appropriation is approximately $500,000, of which $250,000 is the State share.

Fiscal Impact

The annual estimated expense of HF 398 to the Office of the State Public Defender is between $204,000 and $408,000, as shown in Table 1. This includes the cost of attorneys both to represent the petitioner and to serve as the guardian ad litem for the child for all adoptions resulting from a TPR proceeding in which a local public defender office was involved. The fiscal impact will be to the Indigent Defense Fund, which is funded through the General Fund. Table 1 — Estimated Annual Cost to the Indigent Defense Fund Additionally, the Bill could reduce expenses to the HHS by up to $500 per adoption case for special needs children in which the petitioner chooses to be represented by the Office of the State Public Defender rather than by private legal representation. The total cost reduction to the HHS is unknown.

Sources

• Office of the State Public Defender
• Department of Health and Human Services
• Legislative Services Agency