A bill for an act relating to guardians ad litem, attorneys for minor children, child custody investigators...
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HF 133 — A bill for an act relating to guardians ad litem, attorneys for minor children, child custody investigators, and child and family reporters involved in child custody and visitation proceedings. (Formerly HSB 5.) Effective 7-1-17.
Last action — Signed by Governor.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 30, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
Not enough signal yet to read this bill's trajectory — we surface a likelihood only once there's real movement (stage, sponsorship, committee, or votes) to point to.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
26 added · 113 removed26 line(s) added, 113 removed.
House File 133 - IntroducedEnrolled HOUSEHouse FILEFile 133 BYAN COMMITTEEACT ONRELATING JUDICIARY (SUCCESSOR TO HSBGUARDIANS 5)AD ALITEM, BILLATTORNEYS FOR AnMINOR ActCHILDREN, relatingCHILD toCUSTODY guardiansINVESTIGATORS, adAND litem,CHILD attorneysAND forFAMILY minorREPORTERS children,INVOLVED childIN custodyCHILD investigators,CUSTODY andAND childVISITATION andPROCEEDINGS. family reporters involved in child custody and visitation proceedings.
TLSBSection 1829HV1. (3) 87 pf/nh H.F.
133 Section 1.
The court may appoint a guardian ad litem to representHouse theFile best133, interestsp. of the minor child or children of the parties.
2 represent the best interests of the minor child or children of the parties.
(1) Conducting general an initial in-person interviews interview with the child, if the child’s age is appropriate for the interview, and interviewing each parent, guardian, or LSBother 1829HVperson (3)having 87custody -1-of pf/nhthe 1/8child, H.F.if authorized by the person’s legal counsel .
133 other person having custody of the child, if authorized by the person’s legal counsel .
(3) Visiting the home, residence, or both home and residence of the child and any prospective home or residence of the child, including visiting the home or residence or prospective home or residence each time placement is changedchanged. .
(6) Attending any depositions, hearings, or trials in the matter in which the person is appointed guardian ad litem, and filing motions or responses or making objections when necessarynecessary. .
b.House File 133, p.
3 b.
and may LSBinspect 1829HVand (3)copy 87any -2-records pf/nhrelevant 2/8to H.F.the proceedings;
133 inspect and copy any records relevant to the proceedings;
The same person may shall not serve both as the child’s legal counsel attorney and as guardian ad litem, nor shall the same person serve both as the child and family reporter and as guardian ad litemlitem. .
The court shall enter an order in favor of the attorney, the guardian ad litem, or an appropriate agency for fees and disbursements as submitted by the guardian ad litem, and the amount shall be charged against the party responsible forHouse courtFile costs133, unlessp. the court determines that the party responsible for court costs is indigent, in which event the fees amount shall be borne by the county.
4 for court costs unless the court determines that the party responsible for court costs is indigent, in which event the fees amount shall be borne by the county.
If appointed under this LSBsection, 1829HVthe (3)child’s 87attorney -3-shall pf/nhbe 3/8solely H.F.responsible for representing the minor child or children.
133 section, the child’s attorney shall be solely responsible for representing the minor child or children.
(1) Conducting an initial in-person interview with the child, if the child’s age is appropriate for the interview, and interviewing each parent, guardian, or other person having custody of the child if authorized by the person'sperson’s legal counsel.
The order appointing the child’s attorney shall grant authorization to the child’s attorney to interview any relevant person and inspect and copy any records relevant to the proceedings,House ifFile not133, prohibitedp. by federal law.
The5 orderproceedings, shallif specifynot thatprohibited theby child’sfederal attorneylaw. may interview any person LSB 1829HV (3) 87 -4- pf/nh 4/8 H.F.
133The order shall specify that the child’s attorney may interview any person providing medical, mental health, social, educational, or other services to the child;
The court shall enter an order in favor of the child custody investigator or child and family reporter for fees and disbursements, and the amount shall be charged against the LSBparty 1829HVresponsible (3)for 87court -5-costs pf/nhunless 5/8the H.F.court determines that the party responsible for court costs is indigent, in House File 133, p.
1336 party responsible for court costs unless the court determines that the party responsible for court costs is indigent, in which event the amount shall be borne by the county.
EXPLANATION______________________________ The______________________________ inclusionLINDA ofUPMEYER thisJACK explanationWHITVER doesSpeaker notof constitutethe agreementHouse withPresident of the explanation’sSenate substanceI byhereby thecertify membersthat ofthis bill originated in the generalHouse assembly.and is known as House File 133, Eighty-seventh General Assembly.
This______________________________ billCARMINE relatesBOAL toChief theClerk guardiansof adthe litem,House attorneysApproved for_______________, minor2017 children,______________________________ childTERRY custodyE. investigators, and child and family reporters involved in child custody and visitation proceedings under Code chapter 598 (dissolution of marriage and domestic relations).
TheBRANSTAD billGovernor separates the provisions relating to the appointment of a guardian ad litem, the appointment of an attorney, and the requirements for a child custody investigator or child and family reporter for a minor child in a custody proceeding, and provides that the same person shall not serve as both the guardian ad litem and attorney for a minor child in these proceedings.
The bill specifies that the guardian ad litem shall be a practicing attorney and shall be solely responsible for representing the best interests of the minor child or children.
The guardian ad litem is required to be independent of the court and other parties to the proceeding, and to be unprejudiced and uncompromised in the guardian ad litem’s independent actions.
The bill specifies the duties of the LSB 1829HV (3) 87 -6- pf/nh 6/8 H.F.
133 guardian ad litem, but prohibits the guardian ad litem from testifying, serving as a witness, or filing a written report in the matter.
The bill specifies that the order appointing the guardian ad litem shall grant and requires any parent, guardian, or other person having custody of the child to immediately execute any release necessary to allow the guardian ad litem to effect the authorizations granted.
The court is directed to enter an order in favor of the guardian ad litem for fees and disbursements as submitted by the guardian ad litem, and the amount shall be charged against the party responsible for court costs unless the court determines that the party responsible for court costs is indigent, in which event the amount shall be borne by the county.
The bill provides for the separate appointment of an attorney for a minor child in custody and visitation proceedings, but prohibits the child’s attorney from testifying, serving as a witness, or filing a written report in the matter.
The bill specifies activities that the order appointing the child’s attorney shall grant and prohibits the same person from serving both as the child’s guardian ad litem and the child’s attorney, and the same person from serving as both the child and family reporter and as the child’s attorney.
The bill directs that the court shall enter an order in favor of the child’s attorney for fees and disbursements as submitted by the child’s attorney, and the amount shall be charged against the party responsible for court costs unless the court determines that the party responsible for court costs is indigent, in which event the amount shall be borne by the county.
The bill directs the supreme court to prescribe and maintain standards for child custody investigators and child and family reporters involved in child custody and visitation proceedings;
specifies that the court may require a child LSB 1829HV (3) 87 -7- pf/nh 7/8 H.F.
133 custody investigator or child and family reporter to obtain information regarding both parties’ home conditions, parenting capabilities, and other matters pertinent to the best interests of the child or children in a dispute concerning custody of the child or children;
requires that a report of the information obtained be submitted to the court and available to both parties;
Show all 44 changed lines (4 more)
and provides that the report completed by the child custody investigator or the child and family reporter shall be a part of the record unless otherwise ordered by the court.
The bill directs that the court shall enter an order in favor of the child custody investigator or the child and family reporter for fees and disbursements, and the amount shall be charged against the party responsible for court costs unless the court determines that the party responsible for court costs is indigent, in which event the amount shall be borne by the county.
The bill also makes conforming changes in the Code.
LSB 1829HV (3) 87 -8- pf/nh 8/8
Show all 44 changed rows (4 more)
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
This bill amends existing laws related to guardians ad litem and attorneys for minor children in custody proceedings, primarily by clarifying roles and responsibilities.
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Section 598.12
Guardian→ guardianThe title is standardized to use lowercase 'guardian' for consistency.
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Section 598.12, subsection 1
1.→ 2.Renumbers subsection to allow for new subsections.
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Section 598.12, subsection 3
2.→ 3.Renumbers subsection to accommodate additions.
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Section 598.12A
NEW SECTION 598.12A Attorney for minor child.
Creates a new section specifically for appointing attorneys for minor children.
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Section 598.12A, subsection 1
The court may appoint an attorney to represent the minor child or children of the parties.
Establishes the authority of the court to appoint an attorney for minor children.
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Section 598.12A, subsection 1
The child’s attorney shall be solely responsible for representing the minor child or children.
Clarifies the attorney's responsibility in representing the child.
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Section 598.12B
NEW SECTION 598.12B Child custody investigators and child and family reporters.
Introduces a new section on the standards and roles for child custody investigators and family reporters.
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Section 598.12B, subsection 1
The supreme court shall prescribe and maintain standards for child custody investigators and child and family reporters.
Assigns the responsibility of standard-setting to the supreme court.
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Section 598.16, subsection 2
598.12→ 598.12AUpdates the section reference for attorneys appointed in custody matters.
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Signed by Governor.
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Sent to Governor.
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Reported correctly enrolled, signed by Speaker and President.
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Message from Senate.
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Immediate message.
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Passed Senate, ayes 49, nays 0.
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Amendment S-3274 filed, withdrawn.
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Deferred.
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Committee report, recommending passage.
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Subcommittee: Schneider, Dawson, and Petersen.
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Read first time, referred to Judiciary.
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Message from House.
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Immediate message.
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Passed House, ayes 98, nays 0.
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Introduced, placed on calendar.
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 0 co-sponsors · 150 not signed on
Sponsors (0)
None.
Co-sponsors (0)
None.
Not signed on (150)
150 members have not signed on to this bill.
Show all 150 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What is the current status of HF 133?
- This bill has been enacted into law. Introduced January 30, 2017. Enacted.
- Where can I track HF 133?
- Track HF 133 free on One Click Politics — get push/email alerts when it moves.
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