Relating to responsibility for payment of fees relating to termination of parental rights proceedings

This bill relates to the responsibility for payment of fees relating to termination of parental rights (TPR) proceedings. The bill redefines “indigent” for the purposes of determining whether a person is financially able to pay for the cost of an attorney or a guardian ad litem in TPR proceedings.2, “indigent” means a person who has an income level at or below 100 percent of the federal poverty level, unless the court determines the person is able to pay for the cost of the attorney. Under the bill, “indigent” is defined as a person who has an income level at or below 125 percent of the federal poverty level; or a person who has an income level greater than 125 percent but at or below 200 percent of the federal poverty level, and the court makes a written finding that not appointing an attorney would create a substantial hardship. The bill also makes a conforming change in the definition of “indigent” to apply the standard for the court determining a person’s ability to pay the cost of an attorney to also apply to determining a person’s ability to pay the costs of a guardian ad litem. The bill requires that if a petitioner intends to access public funds for the fees of the guardian ad litem or the respondent’s attorney fees, a petition for TPR shall include an attached financial affidavit, signed under penalty of perjury, reflecting the household income and family size of the petitioner. The bill provides for payment of services of a guardian ad litem in a TPR proceeding who is appointed for a minor child if the child does not have a guardian or if the interests of the guardian conflict with the interests of the child. Under the bill, a person filing a petition for TPR shall be responsible for the payment of reasonable fees for services provided by an appointed guardian ad litem in juvenile court or in an appellate proceeding initiated by the person filing the petition unless the person filing the petition is a licensed private child-placing agency or the court determines that the person filing the petition is indigent. If the person filing the petition is a licensed private child-placing agency or is indigent, the prospective parent shall be responsible for the payment of reasonable fees for services provided by an appointed guardian ad litem in juvenile court or an appellate proceeding unless the court determines that the prospective parent on whose behalf the petition is filed is indigent. If the prospective parent is indigent, and if the person filing the petition is indigent or a private child-placing agency, the appointed guardian ad litem shall be paid reasonable fees as determined by the state public defender from the indigent defense fund. The bill requires the state public defender to review all claims submitted for payment of the guardian ad litem fees and authorizes the state public defender to act on the claims as otherwise authorized under Code chapter 13B (public defenders) and Code chapter 815 (costs-compensation and fees-indigent defense).11 (appropriations for indigent defense —— fund created) to include authorization to utilize the moneys in the fund to pay for the services of a court-appointed guardian ad litem for TPR proceedings as provided under the bill on behalf of an indigent. The bill provides Code editor directives to allow the new Code section under the bill relating to payment of services of appointed guardians ad litem for TPR proceedings to be located next to the Code section relating to payment of attorney fees for TPR proceedings and to make other conforming changes.