Iowa 2023-2024 Regular Session

Iowa Senate Bill SSB3005

Introduced
1/10/24  
Introduced
1/10/24  

Caption

A bill for an act relating to responsibility for payment of fees relating to termination of parental rights proceedings.(See SF 2350, SF 2403.)

Impact

If enacted, SSB3005 would significantly impact the current laws related to the financial responsibilities of individuals involved in TPR proceedings. The bill stipulates that the individual filing for TPR will be responsible for the payment of reasonable fees for guardian ad litem services unless they meet the criteria for indigency. The state public defender is tasked with reviewing claims for payment from the indigent defense fund, which would lend oversight to ensure that costs incurred are justified and serve the intended purpose of supporting recognized indigent individuals.

Summary

Senate Study Bill 3005 proposes amendments to existing regulations surrounding the payment of fees in termination of parental rights (TPR) proceedings. The bill seeks to redefine 'indigent' to include individuals with an income level at or below 125% of the federal poverty level, thus broadening access to legal representation and related services for those deemed financially unable to pay. This change aims to ensure that those who truly cannot afford the costs associated with legal proceedings can receive appropriate representation, fostering a more equitable judicial process for vulnerable populations.

Contention

Debate surrounding SSB3005 may revolve around the thresholds set for indigency and the implications of making guardian ad litem services contingent upon these financial determinations. Critics might argue that the proposed income levels for defining indigency could leave some low-income individuals without adequate legal support, potentially complicating TPR proceedings for those who cannot afford the associated costs. Supporters of the bill, however, may defend it as a necessary reform to maintain fairness in the judicial system while ensuring that financial support is directed to those most in need.

Companion Bills

IA HSB527

Related A bill for an act relating to responsibility for payment of fees relating to termination of parental rights proceedings.(See HF 2403.)

IA HF2403

Replaced by A bill for an act relating to responsibility for payment of fees relating to termination of parental rights proceedings. (Formerly HSB 527.) Effective date: 07/01/2024.

IA SF2350

Replaced by A bill for an act relating to responsibility for payment of fees relating to termination of parental rights proceedings.(Formerly SSB 3005; See SF 2403.)

IA SF2403

Replaced by A bill for an act relating to responsibility for payment of fees relating to termination of parental rights proceedings.(Formerly SF 2350, SSB 3005.)

Similar Bills

IL HB1714

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CA AB1378

Standby guardianship of minors.

CA AB177

Child abuse and neglect: reporting.

CA SB303

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CA AB1025

Standby Caretaker Act.

TX HB3394

Relating to determining the incapacity of a guardian.

NJ A2350

Allows parents or legal custodians separated from their children because of immigration matters to appoint standby guardians.

NJ A1915

Allows parents or legal custodians separated from their children because of immigration matters to appoint standby guardians.